HomeMy WebLinkAbout32661-101695 thru 33033-070196IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of October, 1995.
No. 32661-101695.
AN ORDINANCE amending and reordaining Section 32-108, Tax_oaYer's
return - Generally, and subsection (5) of §32-108.1, Proration of _oersonal _~ro_~erty_
tax _~enerally, of Article III, Tax on Tangible Personal Property_ Generally, of Chapter
32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for
the filing by exception for personal motor vehicle tax returns and to provide that
motor vehicle tax returns shall be filed thirty days from date of purchase of a new
vehicle, and such tax paid within sixty days of purchase date; and providing for an
effective date.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 32-108, Tax_~a_ver's return - Generally, and subsection (5)
of §32-108.1, Proration of _oersonal _oropert¥ tax _~enerally, of Article III, Tax on
Tan~_ible Personal Pro_~erty Generally, of Chapter 32, Taxation, of the Code of the
City of Roanoke (1979), as amended, are hereby amended and reordained to read
and provide as follows:
Sec. 32-108. Tax_~a_ver's return -Generally.
(a) Every person owning any of the property taxable
under section 32-104 of this article, except motor vehicles
including trailers, and having its situs in the city on the tax
day shall file a tangible personal property tax return with
the commissioner on forms prescribed therefor on or
before February 15 of each year.
(b) Provided a previous personal property return for a
motor vehicle including a trailer not used or employed in
a trade or business has been filed by the owner or owners
of such property and there has been no change in name or
address of the owner or owners nor has the motor vehicle
had a change in status or situs since the previous filing,
no tangible personal property tax return need be filed.
(c) The owner of a motor vehicle including a trailer not
used or employed in a trade or business shall file a new
tangible personal property tax return within thirty days
after occurrence of any of the following events:
(1), a change in the name or address of the
person or persons owning such motor vehicle taxable by
the city;
(2) a change in the situs of such motor vehicle;
(3) any other change affecting the assessment or
levy of the personal property tax on such motor vehicle for
which a tax return was previously filed; or
(4) any change in which a person acquires one
or more such motor vehicles and for which no personal
property tax return has been filed.
(d) Upon written application filed prior to the deadline
for filing a tangible personal property tax return, and upon
good cause shown, the commissioner of the revenue shall
be authorized to grant an extension of time for the filing of
such return not to exceed ninety (90) days from the
original tangible personal property tax return due date.
The commissioner shall keep a record of every such
extension. If any taxpayer who has been granted an
extension of time for filing his return fails to file his return
within the extended time, his case shall be treated as if no
extension had been granted.
(e) Any person who fails to file his tangible personal
property tax return on or before the deadline or on or
before the extended deadline for the filing of such return
as established by the commissioner pursuant to
paragraph (d) of this section shall pay a penalty of ten
percent (10%) of the tax assessable on such return.
§32.108.1. Proration of _oersonal _oroDerty_ tax ~enerall_v.
The personal property tax assessed against motor
vehicles and trailers shall be prorated for the period of
time the property has ite tax situs in the city, or is owned
by any person within the city, as follows:
(5) When any personal property acquires a tax
situs in the city or is transferred to a new owner in the city,
the owner or purchaser of the property shall declare such
property with the commissioner within thirty (30) days of
the purchase date, and the commissioner shall assess
such property pursuant to subsection (1) of this section.
For failure to declare such property within thirty (30) days
of purchase, any owner or purchaser shall be subject to
the same penalties and interest as established in section
32-106 of this article for failure to pay tax imposed. Any
such tax shall be due and payable within sixty (60) days of
purchase or May 31 of the tax year, whichever shall occur
later, and failure to pay in a timely fashion shall subject
the owner of the purchase to the penalties and interest as
established by section 32-106 of this article.
1996.
This ordinance shall be in full force and effect on and after January 1,
APPROVED
ATTEST: ~?~.~
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of October, 1995.
No. 32681-101695.
A RESOLUTION authorizing the City Manager to apply to the Virginia
Department of Housing and Community Development to have a certain area of the
City designated as a second Enterprise Zone.
WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended,
authorizes the Governor to designate up to fifty areas within the Commonwealth as
Enterprise Zones, thus making qualified business firms which locate or expand
within such a zone eligible for significant benefits, including credits on State taxes
and local incentives; and
WHEREAS, the City of Roanoke has an area within the City, as shown
on the Enterprise Zone II map and described in a report of the City Manager to
Council dated October 16, 1995, which area is eligible for designation as an
Enterprise Zone; and
WHEREAS, the designation of an area of the City as an Enterprise Zone
has the potential to stimulate significant private sector investment within the City in
an area where such business and industrial growth would result in much needed
neighborhood revitalization.
THEREFORE, BE IT RESOLVED by the Council 0f the City of Roanoke
that:
1. The City of Roanoke is hereby applying for Enterprise Zone
designation of that area shown on the Enterprise Zone II map and described in a
report of the City Manager to this Council dated October 16, 1995.
2. The City Manager or the Assistant City Manager is hereby
authorized to apply, on behalf of the City, to the Virginia Department of Housing and
Community Development to have that area of the City shown on the Enterprise Zone
II map and described in a report of the City Manager to Council dated October 16,
1995, designated as an Enterprise Zone pursuant to the provisions of the Virginia
Enterprise Zone Act of 1982, as amended.
3. The City Manager or Assistant City Manager is authorized to
submit to the Virginia Department of Housing and Community Development all
information necessary to make application for Enterprise Zone designation and to
meet other program administrative and reporting requirements.
4. The Council endorses and will adopt the local incentives set forth
in the application if the said area is designated as an Enterprise Zone.
This Resolution shall be effective on and after the date of its
adoption.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of October, 1995.
No. 32682-101695.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Sewage Treatment and 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 1995-96 Sewage Treatment and Water Fund
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
Sewa~_e Trea~;men~ Fund
A_~_~ro_oriations
Capital Outlay $ 20,859,508.00
Peters Creek Road Extension (1) ................... 450,399.00
Retained Earnin~l$
Retained Earnings - Unrestricted (2) ................ $18,734,649.00
Water Fund
AD_~ropriations
Capital Outlay $ 31,909,549.00
Peters Creek Road Extension (3) ................... 76,257.00
Retained Earnin~js
Retained Earnings - Unrestricted (4)
1) Appropriated from General
Revenue (003-056-8472-9003)
$ 273,460.00
$ 25,733,585.00
2) Retained
Earnings -
Unrestricted
3) Appropriated
from General
Revenue
4) Retained
Earnings -
Unrestricted
(003-3336)
(002-056-8384-9003)
(002-3336)
$ (273,460.00)
4,667.00
(44,667.00)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST: ~0~,.g~.,..
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of October, 1995.
No. 32683-101696.
AN ORDINANCE approving the City Manager's execution of a Virginia
Department of Transportation (VDOT) Change Order to VDOT's contract with English
Construction Company, Inc., providing for additional sanitary sewer and water lines
to be included in the Peters Creek Road Extension 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 and on behalf of the City, a VDOT Change Order, in form approved by
the City Attorney, to VDOT's contract with English Construction Company, Inc., in
connection with the Peters Creek Road Extension Project.
7
2. The Change Order which shall provide for the addition of certain
sanitary sewer and water lines in connection with the Project, at a net cost of
$318,127.00, the entire cost of which is to be borne by the City, and will require a 38-
day extension of time for completion of the work, all as more particularly described
in City Manager's report to Council dated October 16, 1995, is hereby approved.
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:
APPROVED
Mary F. Parker ~~'~ ~
Da~td A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of October, 1995.
No. 32684-101695.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
AD_aroDriations
Streets and Bridges
Three Bridge Replacements (1) ......................
$12,157,514.00
103,500.00
Capital Improvement Reserve $ 3,470,794.00
Public Improvement Bonds - Series 1996 (2) ........... 6,175,309.00
1) Appropriated from
Bond Funds
2) Bridges
(008-052-9551-9001)
(008-052-9701-9190)
$103,500.00
(103,500.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of October, 1995.
No. 32685-101695.
A RESOLUTION authorizing the execution of a contract with Mattern &
Craig, Inc., to provide certain engineering services relating to the following three
bridge replacement projects: Brambleton Avenue over Murray Run; Peachtree Drive
over Peters Creek; and Cove Road over Peters Creek.
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, an agreement with Mattern & Craig, Inc., in the amount of $98,500.00
to provide certain engineering services, relating to the following three bridge
replacement projects, Brambleton Avenue over Murray Run, Peachtree Drive over
Peters Creek, and Cove Road over Peters Creek, all as more particularly set forth in
the October 16, 1995, report of the City Manager to this Council.
City Attorney.
The form of the contract with such firm shall be approved by the
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of October, 1995.
No. 32686-101695.
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. 32131-080894, adopted August 8, 1994, for certain
expenditures in connection with the Brambleton Avenue over Murray Run, Peachtree
Drive over Peters Creek, and Cove Road over Peters Creek bridge replacement
projects, in the City of Roanoke; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U. S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse
$103,500.00, appropriated by an ordinance simultaneously adopted by the City
Council on October 16, 1995, for the Brambleton Avenue over Murray Run, Peachtree
Drive over Peters Creek, and Cove Road over Peters Creek bridge replacement
projects ("Project") in the City of Roanoke, from the proceeds of its general
obligation public improvement bonds authorized to be issued pursuant to Ordinance
No. 32131-080894, adopted by the City Council on August 8, 1994, in the principal
amount of $23,000,000 for the purpose of providing funds to defray the cost of
needed permanent public improvements of and to school buildings, public
buildings, public bridges, streets and sidewalks, storm drains, parks, economic
development and acquisition of real property for the foregoing. Ordinance No.
32132-080894, also adopted by City Council on August 8, 1994, provided for the
holding of an election to determine whether the qualified voters of the City of
Roanoke would approve Ordinance No. 32131-080894, and, at an election held on
]0
November 8, 1994, the qualified voters of the City approved Ordinance No. 32131-
080894. The maximum principal amount of debt expected at this time to be issued
for the Brambleton Avenue over Murray Run, Peachtree Drive over Peters Creek, and
Cove Road over Peters Creek bridge replacement projects is $103,500.00, all as is
more particularly set forth in the October 16, 1995 report of the City Manager to this
Council.
2. This is a declaration of official intent adopted pursuant to U. S.
Treasury Regulations, Section 1.150-2. This official intent is being declared not later
than sixty days after the payment of the expenditures authorized by Paragraph I of
this Resolution.
3. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant to
the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as
amended.
adoption.
This Resolution shall be effective on and after the date of its
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of October, t995.
No. 32687-101695.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Capital Projects and Water Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
].]
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Capital Projects and Water Fund Appropriations,
be, and the same are hereby, amended and reordained to read as follows, in part:
CaDital Pro_iects Fund
ADDroDriaticn$
Streets and Bridges
Second Street/Gainsboro Road (1) ..................
Capital Improvement Reserve
Public Improvement Bonds -Series 1996 (2) ..........
$ 12,362,809.00
6,672,027.00
(3,676,089.00)
(6,380,604.00)
Water Fund
A_oDroDrJations
Capital Outlay $ 31,959,851.00
Second Street/Gainsboro Road (3) ................... 94,969.00
Retained Earnings
Retained Earnings - Unrestricted (4) .................. $ 25,683,283.00
1) Appropriated
from Bond
Funds
2) Streets and
Sidewalks
3) Appropriated
from General
Revenue
4) Retained
Earnings -
Unrestricted
(008-052-9547-9001)
(008-052-9701-9191)
(002-056-8349-9003)
(002-3336)
$ 308,795.00
(308,795.00)
94,696.00
(94,969.00)
12
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Daw~l A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of October, 1995.
No. 32688-101695.
A RESOLUTION approving an agreement between the City and the
Virginia Department of Transportation for the construction of the Second
Street/Gainsboro Road (Orange Avenue, N. W., to Salem Avenue, S. W.) Project;
providing for the allocation of the City's share of the project cost; and authorizing
execution of said agreement on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The agreement between the City and the Virginia Department of
Transportation for the construction of the Second Street/Gainsboro Road (Orange
Avenue, N. W., to Salem Avenue, S. W.) Project, within the City limits, and providing
for the allocation of the City's estimated share of the project cost in the amount of
$630,182.33 of the total estimated project construction cost of $15,959,668.81, and
providing certain terms and conditions as more specifically set forth in the report
of the City Manager to this Council dated October 16, 1995, is here by APPROVED.
2. The City Manager or the 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 with the Virginia Department of Transportation, in a form
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 16th day of October, 1995.
No. 32689-101695.
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. 32131-080894, adopted August 8, 1994, for certain
expenditures in connection with the Second Street/Gainsboro Road (Orange Avenue,
N. W., to Salem Avenue, S. W.) Project, in the City of Roanoke; and providing for an
effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U. S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse
$308,794.06, appropriated by an ordinance simultaneously adopted by the City
Council on October 16, 1995, for the Second Street/Gainsboro Road (Orange
Avenue, N. W. to Salem Avenue, S. W.) Project in the City of Roanoke, from the
proceeds of its general obligation public improvement bonds authorized to be
issued pursuant to Ordinance No. 32131-080894, adopted by the City Council on
August 8, 1994, in the principal amount of $23,000,000 for the purpose of providing
funds to defray the cost of needed permanent public improvements of and to school
buildings, public buildings, public bridges, streets and sidewalks, storm drains,
parks, economic development and acquisition of real property for the foregoing.
Ordinance No. 32132-080894, also adopted by City Council on August 8, 1994,
provided for the holding of an election to determine whether the qualified voters of
the City of Roanoke would approve Ordinance No. 32131-080894, and, at an election
held on November 8, 1994, the qualified voters of the City approved Ordinance No.
32131-080894. The maximum principal amount of debt expected to be issued at this
time for the City share of the Project is $308,794.06.
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.
14
adoption.
This Resolution shall be effective on and after the date of its
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of October, 1995.
No. 32690-101695.
AN ORDINANCE to amend and rsordain certain sections of the 1995-96
General, Capital Projects, and Fleet Management Fund Appropriations, and
providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General, Capital Projects and Fleet Management
Fund Appropriations, be, and the same ars hereby, amended and rsordained to read
as follows, in part:
General Fund
A_~_oro_~riation
Parks, Recreation and Cultural
Contributions - Cultural (1-3) .........................
Public Safety
Police Patrol (4) ....................................
Public Works
Building Maintenance (5-6) ...........................
Nondepartmental
$ 5,201,592.00
1,801,t15.00
35,874,774.00
7,746,371.00
22,619,946.00
3,231,447.00
50,925,669.00
Transfer to Other Funds (7-8) ......................... 50,033,850.00
Fund Balance
Capital Maintenance and Equipment Replacement
Program -City Unappropriated (9) ...................
$ 4,148,229.00
Ca;)ital Pro_iect Fund
ADDroDriation
Public Safety $ 9,403,146.00
City Jail Expansion (10) ............................. 9,380,613.00
Fleet Management Fund
A_oDroariation
Fleet Management Capital Outlay (1t) ................. $ 2,962,321.00
Revenue
Non-Operating
Other Revenue (12) .................................
$136,723.00
136,723.00
1) Center in the
Square
2) VWCC
3) Downtown
Roanoke, Inc.
(001-002-7220-3706)
(001-002-7220-3710)
(001-002-7220-3766)
4) Other Equipment (001-050-3113-9015)
(001-052-4330-3056)
(001-052-4330-9005)
5) Maintenance
Third Party
Contract
6) Furniture and
Equipment
> $t,000
7) Transfer to
Fleet
Management
Fund
8) Transfer to
Capital
Project Fund
9) CMERP- City
Unappropriated
(001-004-9310-9506)
(001-004-9310-9508)
(001-3323)
$ 50,000.00
72,320.00
75,000.00
12,775.00
39,000.00
15,157.00
61,723.00
236,562.00
(562,537.00)
15
10) Appropriation
from General
Revenue
11) Vehicular
Equipment
12) Transfer from
General Fund
(008-052-9685-9003)
(017-052-2642-9010)
(017-020-1234-0951 )
$ 236,562.00
61,723.00
61,723.00
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 October, 1995.
No. 32691-101695.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
City Information Systems, Materials Control and 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 1995-96 City Information Systems, Materials Control and
School Fund Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
]7
City_ Information Systems
ADDroDriatJons
Capital Outlay
Capital Outlay (1) .................................
Revenue
Transfer from Other Funds (2-3) ...................... $
Materials Control Fund
AD_oroDriatJons
Operating $
Transfers to Other Funds (4) ........................
Retained Earnings
Retained Earnings - Unrestricted (5) .................. $
SchoolFund
A_DoroDriation$
Education
Facilities (6) .......................................
Other Uses of Funds (7) .............................
$ 792,3O2.O0
792,302.00
1) On-Line
Purchase
Order
System
2) Transfer from
Materials
Control
3) Transfer from
School Fund
4) Transfer to
City
Information
System
(013-052-1602-9200)
(013-020-1234-1120)
(013-020-1234-t 127)
(014-056-1613-9513)
$ 232,600.00
212,600.00
20,000.00
212,600.00
232,600.00
518,292.00
370,661.00
418,727.00
$79,809,164.00
952,256.00
2,645,971.00
]8
5) Retained
Earnings -
Unrestricted
6) Machinery and
Equipment
7) Transfer to
City
Information
System
(014-3336) $ (212,600.00)
(030-060-6006-6662-0821) (20,000.00)
(030-060-6007-6999-9513) 20,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of October, 1995.
No. 32692-101695.
A RESOLUTION authorizing the execution of a contract with American
Management Systems, Incorporated to provide an on-line purchasing system and
training for such system, 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 and the City Clerk
are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, a contract with American Management Systems, Incorporated to
provide an on-line purchasing system and training for such system, as more
particularly set forth in the October 16, 1995, report of the City Manager to this
Council.
of $131,250.00.
City Attorney.
ATTEST:
Mary F. Parker
City Clerk
The contract authorized by this resolution shall be in the amount
The form of the contract with such firm shall be approved by the
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of October, 1995.
No. 32693-101695.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
ADDroDriations
Health and Welfare $1,906,629.00
AIDS Services and Education Grant 1995-96 (1-7) ........ 35,500.00
Revenue
Health and Welfare $1,906,629.00
AIDS Services and Education Grant 1995-96 (8) .......... 35,500.00
2O
1) Regular
Employee
Salaries
2) ICMA
3) FICA
4) Hospitalization
Insurance
5) Dental Insurance
6) Life Insurance
7) Training and
Development
8) State Grant
Receipts
(035-054-5t 68-1002)
(035-054-5168-1115)
(035-054-5168-1120)
(035-054-5168-1125)
(035-054-5168-1126)
(035-054-5168-1130)
(035-054-5168-2044)
(035-035-1234-7209)
$ 26,500.00
2,340.00
2,168.00
2,t00.00
110.00
54.00
2,228.00
35,500.00
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 16th day of October, 1995.
No. 32694-101695.
A RESOLUTION authorizing the acceptance of funds from the Roanoke
City Health Department for the continuance of the Health Counselor position, upon
certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City is
authorized to accept funds from the Roanoke City Health Department provided by
a grant to the Roanoke City Health Department from the Bureau of Sexually
Transmitted Disease/Aids with the Virginia Department of Health, in the amount of
2,]
$35,000.00, to be used for the continuance of the Health Counselor position, upon
the terms and conditions described in the report of the City Manager to this Council
dated October 16, 1995; and authorizing the City Manager, or his designee, and the
City Clerk to execute and attest, respectively, the requisite documents, in form
approved by the City Attorney.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of October, 1995.
No. 32695-101695.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Sewage Treatment Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Sewage Treatment Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_~_r)ro_r)riation$
Capital Outlay $ 20,805,466.00
Peters Creek Replacement PC-6A (1) ................ 219,418.00
Retained Earning~
Retained Earnings - Unrestricted (2) ................. $18,788,690.00
1) Appropriated
from General
Revenue
2) Retained
Earnings -
Unrestricted
(003-056-8473-9003)
(003-3336)
$ 219,418.00
(219,418.00)
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 October, t995.
No. 32696-101695.
AN ORDINANCE accepting the bid of Aaron J. Conner, General
Contractor, Inc., for the Peters Creek Sewer Replacement Project PC-6A, upon
certain terms and conditions, and awarding a contract therefore; authorizing the
proper City officials to execute the requisite contract for such work; rejecting all
other bids made to the City for the work; authorizing the proper City officials to enter
into an agreement, on behalf of the City, with the Norfolk and Western Railway
Company to allow the City to remove, replace, install, maintain, and operate a
sanitary sewer pipeline across property owned by the railroad; and providing for
an emergency.
23
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Aaron J. Conner, General Contractor, Inc., for the
Peters Creek Sewer Replacement Project PC-6A, in the total amount of $194,418.00,
as more particularly set forth in the October 16, 1995, report of the City Manager to
this Council, such bid being in full compliance with the City's plans and
specifications made therefore 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
therefore and the City's specifications made therefore, 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. 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 in the amount of $6,000.00 with Norfolk and Western
Railway Company to allow the City to remove, install, maintain, and operate a
sanitary sewer pipeline across property owned by the railroad. Such agreement may
provide for indemnification by the City and shall contain any other reasonable terms
and conditions deemed necessary and appropriate by the City Manager. The form
of the agreement shall be 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:
City Clerk Mayor
24
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of October, 1995.
No. 32697-101695.
A RESOLUTION accepting a bid of Harris Office Furniture Co., Inc., for
providing and delivering the interior furnishings for the Roanoke City Jail Annex,
upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bid of Harris Office Fumiture Co., Inc., in the total amount of
$86,855, for the interior furnishings for the Roanoke City Jail Annex, as more
particularly set forth in the October 16, 1995, report of the City Manager to this
Council, such bid being in full compliance with the City's plans and specifications
made therefor and as provided in the contract documents offered said bidder, which
bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED.
2. The City's Manager of Supply Management 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 measure, as more particularly set out in a report to this
Council dated October 16, 1995.
3. Any and all other bids made to the City for the aforesaid
furnishings 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 16th day of October, 1995.
No. 32698-101695.
AN ORDINANCE accepting the bid of Capital Boiler Works, Inc., for
replacement of the chiller in the Municipal South building, 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 Capital Boiler Works, Inc., for replacement of the chiller
in the Municipal South building, in the total amount of $113,900.00, as more
particularly set forth in the October 16, 1995, report of the City Manager to this
Council, such bid being in full compliance with the City's plans and specifications
made therefor and as provided in the contract documents offered 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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of October, 1995.
No. 32699-101695.
A RESOLUTION designating a Voting Delegate and Alternate Voting
Delegate for the Annual Business Meeting of the National League of Cities.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. For the National League of Cities Conference to be held on
November 29 through December 2, 1995, and any Business Meetings in connection
with such Conference, the Honorable David A. Bowers is hereby designated Voting
Delegate, and The Honorable Elizabeth T. Bowles 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
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th Day of October, 1995.
No. 32702-101695.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$4,400,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF
ROANOKE, VIRGINIA, SERIES t995 A, TO BE SOLD TO THE VIRGINIA
PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND
DETAILS THEREOF
2,'/
WHEREAS, in July 1994 and May 1995, the Commonwealth of Virginia
Board of Education (the "Board of Education") placed the applications (the
"Applications") of the School Board of the City of Roanoke, Virginia (the "School
Board"), for loans in the aggregate amount of $4,400,000 (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 ;(pproved 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 Applications on the First Priority Waiting List upon receipt of the Literary Fund
of an unencumbered sum available at least equal to the amount of the Applications
and the approval, by the Board of Education, of the Applications as having met all
conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given
advances on the amount of the Commitment for the Literary Fund Loan to the School
Board, as construction or renovation of the Project progressed, in exchange for
temporary notes from the School Board to the Literary Fund (the "Temporary Notes")
for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the
total amount of the Commitment, the Temporary Notes were to have been
consolidated into a permanent loan note of the School Board to the Literary Fund
(the "Literary Fund Obligation") which was to evidence the obligation of the School
Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne interest at
four percent (4.00%) per annum and mature in annual installments for a period of
twenty (20) years;
WHEREAS, in connection with the 1995 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 $4,400,000 to issue its general
obligation school bonds for the purpose of financing certain capital projects for
school purposes; and
WHEREAS, the Council held a public hearing, duly noticed, on
October 16, 1995, on the issuance of the Bonds (as defined below) in accordance
with the requirements of Section 15.1-227.8(A), of the Code of Virginia of 1950, as
amended (the "Virginia Code"); and
WHEREAS, the School Board has, by resolution, requested the Council
to authorize the issuance of the Bonds (as hereinafter defined) and consented to the
issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Council hereby
determines that it is advisable to contract a debt and issue and sell its general
obligation school bonds in an aggregate principal amount not to exceed $4,400,000
(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.
To the extent permitted under Section 15.1-227.2 of the Public Finance
Act of 1991 (Chapter 5.1, Title t 5.1, Code of Virginia of 1950, as amended) (the "Act"),
the Council hereby elects that the Bonds be issued under the provisions of the Act
without regard to the requirements, restrictions or other provisions contained in any
charter or local or special act applicable to the City.
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 of the City, 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 17, 1995, 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 Bonde. 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 1995 A"; shall bear interest
from the date of delivery thereof payable semi-annually on each January 15 and
July 15 beginning July 15, 1996 (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") set forth on Schedule I
attached hereto and in the amounts set forth under "VPSA Loan" on Schedule I
attached hereto (the "Principal Installments"), subject to the provisions of Section
4 of this Resolution.
4. Interest Rates and Principal Installments. The City Manager is
hereby authorized and directed to accept the interest rates on the Bonds established
by the VPSA, provided that each interest rate shall be ten one-hundredths of one
percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding
principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"),
a portion of the proceeds of which will be used to purchase the Bonds, and provided
further, that the true interest cost of the Bonds does not exceed eight percent (8%)
per annum. The Interest Payment Dates and the Principal Installments are subject
to change at the request of the VPSA. The City Manager is hereby authorized and
directed to accept changes in the Interest Payment Dates and the Principal
Installments at the request of the VPSA, provided that the aggregate principal
amount of the Bonds shall not exceed the amount authorized by this Resolution.
The execution and delivery of the Bonds as described in Section 8 hereof shall
conclusively evidence such interest rates established by the VPSA and Interest
Payment Dates and the Principal Installments requested by the VPSA as having been
so accepted as authorized by this Resolution.
5. Form of the Bonds. For as long as the VPSA is the registered
owner of the Bonds, the Bonds shall be in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment: Payinp A_~ent and Bond Re_eistr;~r. 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.
:3¸0
(c) Signet Trust Company, Richmond, Virginia, is designated
as Bond Registrar and Paying Agent for the Bonds.
7. No Redem_otion or Pre_payment. 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
obtsining the written consent of the VPSA or the registered owner of the Bonds.
8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk
or any Deputy Clerk of the City are authorized and directed to execute and deliver
the Bonds and to affix the seal of the City thereto.
9. Pledae of Full Faith and Credit. For the prompt payment of the
principal of and premiu~n, 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
collectsd 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.
10. I,l~e of Proceeds Certificate and Certificate as to Arbitrape. 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 N¢ll-Arbitrau_e Pro_uram: Proceeds Apreement. The Council
hereby determines that it is in the best interests of the City to authorize and direct
the City Treasurer to participate in the State Non-Arbitrage Program in connection
with the Bonds. The Mayor, the City Manager and such officer or officers of the City
as either may designate are hereby authorized and directed to execute and deliver
a Proceeds Agreement with respect to the deposit and investment of proceeds of the
Bonds by and among the City, the other participants in the sale of the VPSA Bonds,
the VPSA, the investment manager and the depository, substantially in the form
submitted to the Council at this meeting, which form is hereby approved.
12. Continuing Disclosure Agreement. The Mayor, the City Manager
and such officer or officers of the City as either may designate are hereby authorized
and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix
F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the
City and containing such covenants as may be necessary in order to show
compliance with the provisions of the Securities and Exchange Commission Rule
15c2-12.
13. 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 Action~. The members of the Council and all officers,
employees and agents of the City are hereby authorized to take such action as they
or any one of them may consider necessary or desirable in connection with the
issuance and sale of the Bonds and any such action previously taken is hereby
ratified and confirmed.
15. i~. This Resolution shall take effect immediately.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32700-102395.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as ars more particularly
described hereinafter.
WHEREAS, Allen H. Camper and June W. Camper, 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 rsquirsd 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 16, 1995, after due and timely notice thersof as rsquirsd by §30-
14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
intersst and citizens wers afforded an opportunity to be heard on said application;
and
WHEREAS, it appearing from the forsgoing that the land proprietors
affected by the rsquested 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 Stephenson Avenue, S. W., beginning at
its intersection with Wildwood Road, S. W., and running a distance of
approximately 210 feet to its intersection with Longview Avenue, 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
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, Subdivisicn, 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; providing for the dedication
of appropriate easements across Official Tax Nos. 1070603, 1070605 and 1070219
for sanitary sewer lines and surface drainage of stormwater runoff; 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
34
same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of
Allen H. Camper and June W. Camper, and the names of any other parties in interest
who may so request, as Grantees.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
~ David ~
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32701-102395.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 227, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
WHEREAS, Sonshine Christian Education Ministries, Inc., has made
application to the Council of the City of Roanoke to have the hereinafter described
property rezoned from RS-3, Residential, Single-Family District, to C-1, Office
District, subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on October 16, 1995, 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. 227 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
A tract of land lying on the west side of Grandview Avenue, N. W.,
between Empress Drive and Marr Street, N. W., and designated on Sheet No. 227 of
the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2270223, be, and
is hereby rezoned from RS-3, Residential, Single-Family District to C-1, Office
District, subject to the proffers contained in the Petition filed in the Office of the City
Clerk on August 15, 1995, and that Sheet No. 227 of the Zone Map be changed in this
respect.
APPROVED
ATTEST:
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 1995.
No. 32703-102395.
AN ORDINANCE AUTHORIZING THE ISSUANCE OF EIGHT MILLION
THREE HUNDRED THOUSAND DOLLARS ($8,300,000) PRINCIPAL
AMOUNT OF GENERAL OBLIGATION BONDS OF THE CITY OF
ROANOKE, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO
PAY THE COST OF VARIOUS PUBLIC IMPROVEMENT PROJECTS OF
AND FOR SUCH CITY; FIXING THE FORM, DENOMINATION AND
CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE
SALE OF SUCH BONDS; AND AUTHORIZING AND PROVIDING FOR
THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION
NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH
BONDS
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable to authorize the issuance of $8,300,000
principal amount of General Obligation Public Improvement Bonds of the City to
provide funds to pay the cost of various public improvement projects of and for the
City, and to authorize the issuance of a like principal amount of General Obligation
Public Improvement Bond Anticipation Notes in anticipation of the issuance of such
Bonds;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
SECTION t. Pursuant to Chapter 5.t of Title t5.t of the Code of Virginia,
1950, the same being the Public Finance Act of 1991, and the Charter of the City, for
the purpose of providing funds to pay the cost of various public improvement
projects as set out in Section 6 hereof, there are authorized to be issued Eight
Million Three Hundred Thousand Dollars ($8,300,000) principal amount of general
obligation bonds of the City to be designated "General Obligation Public Improve-
ment Bonds" (the "Bonds").
The Bonds shall be issued and sold in their entirety at one time, or from
time to time in part in one or more series, as shall be determined by the Director of
Finance. Any series of the Bonds may be sold contemporaneously with any other
Bonds of the City. There shall be added to the designation of the Bonds a series
designation determined by the Director of Finance of the City. All such Bonds shall
be issued in fully registered form and shall be in the denomination of $5,000 or any
integral multiple thereof. The Bonds of a given series shall be numbered from R-1
upwards in order of issuance; shall mature in such years and in such amount in
each year as shall be determined by the Director of Finance; and shall bear interest
at such rate or rates per annum as shall be specified in the bid accepted by
resolution of this Council (or by the City Manager pursuant to authority delegated
to him by this Council) for the purchase of the Bonds of such series, if any bid
therefor be accepted, such interest to be payable semiannually; provided the first
interest payment date may be any date within one (1) year from the date of the
Bonds as determined by the Director of Finance. The Director of Finance is
authorized to determine, in accordance with and subject to the provisions of this
Ordinance: the date or dates of the Bonds; the interest payment dates thereof; the
maturity dates thereof; the amount of principal maturing on each maturity date; the
place or places of payment thereof and the paying agent or paying agents therefor;
the place of registration, exchange or transfer thereof and the registrar therefor; and
37
whether or not the Bonds shall be subject to redemption prior to their stated
maturity or maturities and if Subject to such redemption, the premiums, if any,
payable upon such redemption and the respective periods in which such premiums
are payable. In the event the Bonds of any series shall be dated as of a date other
than the first day of a calendar month or the dates on which interest is payable on
such series are other than the first days of calendar months, the provisions of
Section 3 with regard to the authentication of such Bonds and of Section 9 with
regard to the form of such Bonds shall be modified as the Director of Finance shall
determine to be necessary or appropriate.
If the Bonds are subject to redemption and if any Bonds (or portions
thereof in installments of $5,000 or any integral multiple thereof) are to be redeemed,
notice of such redemption specifying the date, numbers and maturity or maturities
of the Bond or Bonds to be redeemed, the date and place or places fixed for their
redemption, the premium, if any, payable upon such redemption, and if less than the
entire principal amount of a Bond called for redemption is to be redeemed, that such
Bond must be surrendered in exchange for payment of the principal amount thereof
to be redeemed and the issuance of a new Bond or Bonds equalling in principal
amount that portion of the principal amount of the Bond to be surrendered 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 of such
Bond 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 any Bonds shall have been called for redemption and notice thereof
shall have been given as hereinabove set forth, and payment of the principal amount
of such Bonds (or 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 on such Bonds (or the principal amount thereof to be
redeemed) shall cease to accrue from and after the date so specified for the
redemption thereof.
SECTION 2. 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 the
Bonds as the same become due. In each year while the Bonds, or any of them, are
outstanding and unpaid, there shall be assessed, levied and collected, at the same
time and in the same manner as other taxes of the City are assessed, levied and
collected, a tax upon all taxable property within the City, over and above all other
taxes, authorized or limited by law and without limitation as to rate or amount,
sufficient to pay when due the principal of and premium, if any, and interest on the
Bonds to the extent other funds of the City are not lawfully available and
appropriated for such purpose.
SECTION 3. The Bonds shall be executed, for and on behalf of the City,
by the manual or facsimile signatures of the Mayor and City Treasurer of the City
and shall have a facsimile of the corporate seal of the City imprinted thereon,
attested by the manual or facsimile signature of the City Clerk of the City.
The Director of Finance shall direct the registrar for the Bonds of a
given series to authenticate such Bonds and no such 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 the Bond is authenticated prior to the first interest
payment date, the certificate shall be dated as of the date of the initial issuance and
delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if the
Bond is authenticated upon an interest payment date, the certificate shall be dated
as of such interest payment date; (iii) if the Bond is authenticated after the fifteenth
(15th) day of the calendar month next preceding an interest payment date and prior
to such interest payment date, the certificate shall be dated as of such interest
payment date; and (iv) in all other instances the certificate shall be dated as of the
interest payment date next preceding the date upon which the Bond is
authenticated.
The execution and authentication of the Bonds in the manner above set
forth is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. 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 place or places of payment and through the paying agent or paying agents for
the Bonds determined by the Director of Finance in accordance with Section 1.
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 4.
At all times during which any Bond of any series remains outstanding
and unpaid, the registrar for such series shall keep or cause to be kept at its
principal corporate trust office books of registry for the registration, exchange and
transfer of Bonds of such series. Upon presentation at its principal corporate trust
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.
The books of registry shall at all times be open for inspection by the
City or any duly authorized officer thereof.
Any Bond may be exchanged at the principal corporate trust 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.
Any Bond of any series may, in accordance with its terms, be
transferred upon the books of registry by the person in whose name it is registered,
in person or by his duly authorized agent, upon surrender of such Bond to the
registrar for such series 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.
All transfers or exchanges pursuant to this Section 4 shall be made
without expense to the registered owners of such Bonds, except as otherwise herein
provided, and except that the registrar for such series of Bonds shall require the
payment by the registered owner of the Bond requesting such transfer or exchange
of any tax or other governmental charges required to be paid with respect to such
transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be
cancelled.
SECTION 5. CUSIP identification numbers may be printed on the
Bonds, but no such number shall constitute a part of the contract evidenced by the
particular Bond upon which it is printed; no liability shall attach to the City or any
officer or agent thereof (including any paying agent for the Bonds) by reason of such
numbers or any use made thereof (including any use thereof made by the City, any
such officer or any such agent) or by reason of any inaccuracy, error or omission
with respect thereto or in such use; and any inaccuracy, error or omission with
respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of
CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the
CUSIP Service Bureau charge for the assignment of such numbers shall be the
responsibility of the successful bidder for the Bonds.
A copy of the final legal opinion with respect to the Bonds, with the
name of the attorney or attorneys rendering the same, together with a certification
of the City Clerk, executed by a facsimile signature of that officer, to the effect that
such copy is a true and complete copy (except for letterhead and date) of the legal
opinion which was dated as of the date of delivery of and payment for the Bonds,
may be printed on the Bonds.
SECTION 6. The proceeds of the sale of the Bonds are to be applied to
the payment of the cost of the following public improvement projects of and for the
City (including land acquisition costs and expenses necessary or incidental to the
40
financing thereof), for the purposes and in the amounts set forth below; provided
that if any purpose set forth below shall require less than the entire respective
amount so set forth the difference may be applied to any of the other purposes so
set forth:
Pumose Amount
Interstate Highway 1-581 Interchange
City Jail Expansion
City Employee Parking Facilities
$5,000,000
2,300,000
1.000.000
$8.300.0l)t)
SECTION 7. The City covenants and agrees to comply with the
provisions of Sections 103 and 141-150 of the Intsmal Revenue Code of 1986 and the
applicable Treasury Regulations promulgated thereunder throughout the term of the
Bonds.
SECTION 8. The Bonds shall be sold in one or more series in
accordance with the provisions of Section 1 at competitive sale at not less than par
plus accrued interest and on such other terms and conditions as are provided in the
notice of sale thereof. The Bonds may be sold contemporaneously with other Bonds
of the City under a combined notice of sale. The sale and the definitive details of the
Bonds shall be approved, ratified and confirmed by resolution or ordinance of this
Council. The Director of Finance of the City is authorized to cause to be published
and distributed a Notice of Sale of the Bonds (or in lieu of the full text of the Notice
of Sale may cause a summary thereof to be published) in such form and containing
such terms and conditions as he may deem advisable, subject to the provisions
hereof. The Director of Finance is further authorized to cause to be prepared and
distributed a Preliminary Official Statement and a final Official Statement relating to
the Bonds. The City Manager is hereby authorized to certify that the Preliminary
Official Statement for the Bonds of each series authorized hereunder is "deemed
final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange
Commission pursuant to the Securities Exchange Act of t934 and to further certify
or agree on behalf of the City that the City will undertake and agree, for the benefit
of the holders of the Bonds, to comply with the provisions of Paragraph (b)(5) of
such Rule 15c2-12 to the extent applicable to the Bonds. The Mayor is hereby
authorized to execute and deliver the final Official Statement for Bonds of each
series authorized hereunder, and the City Manager and the Director of Finance are
hereby authorized to execute and deliver to the purchasers of the Bonds of each
series a certificate in the form provided for in the Official Statement for the Bonds
of such series.
4]
SECTION 9. The Bonds, the certificate of authentication of the registrar,
and the assignment endorsed on the Bonds, shall be in substantially the following
forms, respectively, to-wit:
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC
IMPROVEMENT BOND
SERIES OF
No. R- $
MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.:
REGISTERED OWNER:
PRINCIPAL SUM:
DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself
indebted and hereby promises to pay to the Registered Owner (named above), or
registered assigns, on the Maturity Date (specified above) (unless this Bond shall
be subject to prior redemption and shall have been duly called for previous
redemption and payment of the redemption price duly made or provided for), the
Principal Sum (specified above), and to pay interest on such Principal Sum on
, ~ and 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. The principal
of and premium, if any, on this Bond are payable on presentation and surrender
hereof, at the principal corporate trust office of , the Registrar and
42
Paying Agent, in the City of , . 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 a series of Bonds of like date, denomination and
tenor except as to number, interest and maturity issued for the purpose of providing
funds to pay the costs of various public improvement projects of and for the City,
under and pursuant to and in full compliance with the Constitution and statutes of
the Commonwealth of Virginia, including Chapter 5.1 of Title 15.1 of the Code of
Virginia, 1950 (the same being the Public Finance Act of 1991), the Charter of the
City and an ordinance and resolutions and other proceedings of the Council of the
City duly adopted and taken under such Chapter 5.1.
The Bonds of the issue of which this Bond is one (or portions of the
principal amount 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 at any time or in part from time to
time on any date, from any moneys that may be made available for that purpose, 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 redemption:
Redemption Dates
(Both Dates Inclusive.}
Redemption Prices
(Percentage of PrinciDal Am<)unt)
, ~ and thereafter
If this Bond is redeemable and this Bond (or any portion of the principal
amount hereof in installments of $5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity of this Bond, the date
and place or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of this Bond is to be
redeemed, that this Bond must be surrendered in exchange for the principal amount
hereof to be redeemed and a new Bond or Bonds issued equalling in principal
amount that portion of the principal amount hereof not to be redeemed, shall be
mailed not less than thirty (30) days prior to the date fixed for redemption, by first
class mail, postage prepaid, to the Registered Owner hereof at his address as it
appears on the books of registry kept by the Registrar as of the close of business
43
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 series of which this Bond
is one, this Bond may be exchanged at the principal corporate trust office of the
Registrar for a like aggregate principal amount of Bonds of other authorized
principal amounts and of the same series, interest rate and maturity. This Bond is
transferable by the Registered Owner hereof, in person or by his attorney duly
authorized in writing, on the books of registry kept by the Registrar for such purpose
at the principal corporate trust office of the Registrar but only in the manner, subject
to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the series of which this Bond is one, and upon
the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of
authorized denominations and of the same aggregate principal amount, series,
interest rate and maturity as the Bond surrendered, will be issued to the transferee
in exchange herefor.
The full faith and credit of the City are irrevocably pledged to the
punctual payment of the principal of and premium, if any, and interest on this Bond
as the same become due. In each year while this Bond is outstanding and unpaid,
there shall be assessed, levied and collected, at the same time and in the same
manner as other taxes of the City are assessed, levied and collected, a tax upon all
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 this Bond to the extent other funds
of the City are not lawfully available and appropriated for such purpose.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by an authorized officer of
the Registrar.
It is certified, recited and declared that all acta, 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.
44
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
CITY OF ROANOKE, VIRGINIA
[SEAL]
Mayor
Attest:
City Treasurer
City Clerk
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-
mentioned proceedings.
, Registrar
Date of Authentication:
By:
Authorized Officer
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 Assignee)
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
45
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.
SECTION 10. General Obligation bond anticipation notes are authorized
for issuance and sale by the Director of Finance in anticipation of the issuance of the
general obligation bonds authorized for issuance herein. Such notes shall be sold
at competitive or negotiated sale at not less than par plus accrued interest and on
such other terms and conditions as are determined by the Director of Finance. If
such notes are offered for competitive sale, a notice of sale shall be prepared,
published and distributed in accordance with the requirements of Section 8. There
shall also be prepared and distributed a Preliminary and a final Official Statement
relating to such notes in such form as shall be approved by the Director of Finance.
The issuance and details of such notes shall be governed by the provisions of
Section 15.1-227.29 of Title 15.1, Chapter 5.1, Article 2 of the Code of Virginia, 1950.
The provisions of Sections 2 and 7 shall apply to such notes to the same extent the
same apply to the Bonds except, in the case of the provisions of Section 2, only to
the extent such notes are not paid from the proceeds of the Bonds or from any other
available funds. The sale of such notes and the form and other details thereof shall
be approved, ratified and confirmed by resolution or ordinance of this Council.
Bonds in anticipation of which such bond anticipation notes are issued pursuant to
this Section 10 may be issued and sold in accordance with the provisions of this
Ordinance at any time within five (5) years of the date of issuance of the first notes
issued in anticipation of such Bonds.
46
SECTION 11. 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 12. All ordinances, resolutions and proceedings in conflict
herewith are, to the extent of such conflict, repealed. This Ordinance shall
constitute a "resolution" for purposes of Section 15.1-227.9 of the Code of Virginia,
1950.
SECTION 13. This Ordinance shall take effect from and after ten days
from the date of passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 1995.
No. 32705-102395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
School, General, and Capital Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 School, General, and Capital Fund
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
47
SchoolFund
ApproDriation~
Education $116,632,256.00
Title I Winter 124-95-1 (1-7) .........................2,500,000.00
Title I Program Improvement Assistance 95-96 (8-11)... 19,506.00
Title I Local Delinquent Children Grant 95-96 (12-25) .... 70,191.00
Tutors for Success Program 95-96 (26-30) ............. 4,700.00
Homeless Assistance Program 95-96 (31-37) ........... 48,025.00
Writer in Residence Program 95-96 (38) ............... 9,500.00
Networking and Elementary Technology
Funds 95-96 (39-40) .............................. 745,293.00
Facilities (41-46) .................................. 2,153,531.00
Instruction (47-48) ................................. 57,859,438.00
Other Uses of Funds (49) ........................... 2,638,092.00
Revenue
Education $113,236,814.00
Title I Winter 124-95-1 (50) ..........................2,500,000.00
Title I Program Improvement Assistance 95-96 (51) .....19,506.00
Title I Local Delinquent Children Grant 95-96 (52) ....... 70,191.00
Tutors for Success Program 95-96 (53) ................ 4,700.00
Homeless Assistance Program 95-96 (54-55) ........... 48,025.00
Writer in Residence Program 95-96 (56-57) .............9,500.00
Networking and Elementary Technology
Funds 95-96 (58) .................................. 745,293.00
Non-Operating (59) ................................. 37,252,279.00
Fund Balance
Capital Maintenance and Equipment Replacement
Program - School Unappropriated (60) .............. $
0.00
General Fund
Ao_~roDriations
Nondepartmental $50,863,919.00
Transfers to Other Funds (61) ....................... 49,972,100.00
48
Fund Balance
Capital Maintenance and Equipment Replacement
Program -School Unappropriated (62) ............... $1,087,760.00
Ca=italFund
A_o_oro_oriations
Education $13,040,650.00
Instructional Technology Center (63) .................. 80,000.00
Capital Improvement Reserve 3,447,294.00
Public Improvement Bonds - Series 1996 (64) ........... 6,151,809.00
1) Professional
Development (030-060-6149-6200-0t29)
2) Homeless and
Neglected
Services (030-060-6149-6200-0313)
3) Dissemination (030-060-6149-6200-0351)
4) Transportation
Services
5) Evaluation
6) Parent
Involvement
7) Administrative
Supplies
8) Professional
Development
9) Social
Security
10) Instructional
Materials
11) Parent
Involvement
12) Transition
Coordinator
13) Transition
Assistant
14) Professional
Development
15) Social
Security
(030-060-6149-6200-0583)
(030-060-6149-6200-0584)
(030-060-6149-6200-0585)
(030-060-6149-6200-0601)
(030-060-6150-6000-0129)
(030-060-6t 50-6000-0201 )
(030-060-6150-6000-0614)
(030-060-6150-6000-0585)
(030-060-6151-6554-0138)
(030-060-6151-6554-0151 )
(030-060-6t 5t -6554-0129)
(030-060-6151-6554-0201 )
$ 19,627.00
20,~.~.~..00
12,000.00
7,360.00
16,650.00
401.00
3,500.00
9,760.00
746.00
7,000.00
2,000.00
27,363.00
13,681.00
1,000.00
3,140.00
49
16) Retirement
17) Health
Insurance
18) Group Life
Insurance
19) Indirect Cost
20) Student
Recognition
21) Lease of
Facility
22) Travel
23) Parental
Involvement
24) Instructional
Materials
25) Instructional
Equipment
26) Tutors
27) Professional
(030-060-6151-6554-0202)
(030-060-6151-6554-0204)
(030-060-6151-6554-0205)
(030-060-6151-6554-0212)
(030-060-6151-6100-0313)
(030-060-6151-6554-0542)
(030-060-6151-6554-0551 )
(030-060-6151-6554-0585)
(030-060-6151-6554-0614)
(030-060-6t 51-6554-0821 )
(030-060-6938-6214-0121 )
Development (030-060-6938-6214-0129)
(030-060-6938-6214-0201 )
(030-060-6938-6214-0614)
(030-060-6938-6214-0583)
(030-060-6939-6000-0121 )
(030-060-6939-6000-014t)
(030-060-6939-6000-0201)
(030-060-6939-6000-0202)
(030-060-6939-6000-0203)
(030-060-6939-6000-0204)
(030-060-6939-6000-0583)
(030-060-6819-6204-0381)
(030-060-6940-6002-0826)
28) Social
Security
29) Instructional
Materials
30) Field Trips
31) Instructor/
Liason
32) Tutors
33) Social
Security
34) Retirement
35) Health
Insurance
36) Group Life
Insurance
37) Pupil
Transpor-
tation
38) Contracted
Artists
39) School
Networking
4,593.00
2,794.00
144.00
1,334.00
2,300.00
2,200.00
2,500.00
3,560.00
2,800.00
2,782.00
2,787.00
697.00
266.00
300.00
650.00
23,838.00
6,720.00
2,338.00
2,667.00
2,383.00
83.00
9,996.00
9,500.00
280,000.00
50
40) Elementary
Media Center
Technology
41) Instructional
and Admini-
strative
Technology
42) Patrick Henry
Language
Lab
43) Facility
Maintenance
Equipment
44) Elementary
Classroom
Additions
45) Improvements
to Patrick
Henry High
School
46) Elementary
(030-060-6940-62t 8-0826)
(030-060-6006-6302-0826)
(030-060-6006-6304-0826)
(030-060-6006-6681-0821 )
(030-060-6006-6681-0829)
(030-060-6006-6681-0851 )
Magnet School
Alterations
47) Tuition - In
State
48) Matching
Funds
49) Transfer to
MY Fund
50) Federal Grant
Receipts
51) Federal Grant
Receipts
52) Federal Grant
Receipts
53) Fees
54) Local Match
55) Federal Grant
Receipts
56) Local Match
57) State Grant
Receipts
58) State Grant
Receipts
(030-060-6006-6681-0851 )
(030-060-6001-6229-0382)
(030-060-6001-6004-0588)
(030-060-6007 -6999-0911 )
(030-060-6149-1102)
(030-060-6t50-1102)
(030-060-6151-1102)
(030-060-6938-t t03)
(030-060-6939-1101)
(030-060-6939-1102)
(030-060-6819-1101)
(030-060-6819-1100)
(030-060-6940-1 t01)
$ 465,293.00
98,110.00
13,901.00
29,562.00
95,280.00
16,414.00
37,274.00
(7,37t.00)
(4,750.00)
12,121.00
79,982.00
19,506.00
70,191.00
4,700.00
7,371.00
40,654.00
4,750.00
4,750.00
745,293.00
51
59) Transfer from
General Fund (030-060-6000-1037)
6O) CMERP -
School
61) Transfer to
School Fund
62) CMERP -
School
63) Appropriated
from Bond
Funds
64) Schools
(030-3324)
(00t-004-9310-9530)
(001-3324)
(008-060-6084-900t)
(008-052-9701-9182)
$ 236,535.00
(54,006.00)
236,535.00
236,535.00
80,000.00
(80,000.00)
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 FOR THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 1995.
No. 32706-102395.
A RESOLUTION authorizing the School Board for the City of Roanoke
to expend funds for the Board's Instructional Technology Center and provide for
architectural design fees, network equipment and training systems, and renovations
for the Center at the Central Administration Building and declaring the City's intent
to borrow to fund or reimburse such expenditures.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The School Board of the City of Roanoke is authorized to expend
out of the City's capital projects fund up to $80,000.00 for the cost of the Board's
Instructional Technology Center and provide for architectural design fees, network
equipment and training systems, and renovations for the Center at the Central
Administration Building.
52
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 $80,000.00.
§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.
ATTEST:
Mary F.¢F.~PParker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32707-102395.
AN ORDINANCE amending and reordaining §2-37, Office hours, work
weeks and holidays, Code of the City of Roanoke (1979), as amended; amending and
reordaining §2-49, Vacation leave, by amending current subsection (a) and adding
a new subsection (bl); amending and reordaining subsection (c) of §2-54, Paid
leave; the amended and added subsections providing for eighty-eight hours of
holiday time per year for all officers and employees of the City except for certain
employees accruing holiday time at a different rate on November 1, 1995, providing
for two new floating holidays during which City offices will remain open, providing
for new schedules of vacation leave and paid leave for certain emergency service
employees, providing a new schedule of paid leave for Fire Department employees
working the three-platoon system, providing for the carryover of twenty-four hours
of holiday time, and providing that employees of the City who have been permitted
to maintain holiday balances shall be paid for their holiday hour balances, except
twenty-four (24) hours, at their rate of pay effective November 1, 1995; and providing
for an emergency and an effective date.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 2-37, Office hours, work weeks and holiday-% Code of the
City of Roanoke (1950), as amended, is hereby amended and reordained to read and
provide as follows:
§2-37.
Office hours, work weeks and holidays.
(a) Except as may be otherwise provided by law, and
subject to the provisions of this section, the offices of the city shall be
kept open, for the transaction of business with the public, between the
hours of 8:00 a.m. and 5:00 p.m., daily, except on Saturdays, Sundays
and legal holidays of the City established by subsection (b) of this
section.
(b) In each calendar year, the first day of January (New
Year's Day), the third Monday in January (Dr. Martin Luther King, Jr.
Day), the third Monday in February (George Washington Day), the last
Monday in May (Memorial Day), the fourth day of July (independence
Day), the first Monday in September (Labor Day), the fourth Thursday
in November (Thanksgiving Day), the Friday next following
Thanksgiving Day and the twenty-fifth day of December (Christmas
Day), or whenever any such days shall fall on Saturday, the Friday next
preceding such day, or, whenever any such days shall fall on Sunday,
the Monday next following such day, shall be observed as legal
holidays of the city by all departments of the city except as may
otherwise be provided by law and except as to employees of
departrnents of the city that work twenty-four (24) hour shifts.
(c) Except as provided in subsection (d) of this section,
each officer or employee of the city shall receive eighty-eight (88) hours
of holiday time each year (the nine legal holidays of the city established
by subsection (b) above and the second Monday in October (Columbus
Day) and November 11 (Veterans Day)); offices of the city shall remain
open during the two latter holidays which shall be observed as floating
holidays by City employees. Except for employees of departments that
work twenty-four (24) shifts, holiday time shall be taken on the nine (9)
legal holidays of the city established by subsection (b) of this section
and at such other times as shall be mutually agreed to by the officer or
employee and his department head or equivalent official. Employees
of departments that work twenty-four (24) hour shifts shall take their
holiday time at times mutually agreed to by them and their department
head or equivalent official. On and after July 1, 1996, twenty-four (24)
hours of holiday time may be carried over from one fiscal year to the
54
next and accumulated and used at times mutually agreed to between
any officer or employee carrying over holiday time and his department
head or equivalent official. No officer or employee shall be paid for
holiday time accumulated after November 1, 1995.
(d) Employees of the City on November 1, t995, who on
such date held jobs that entitled them to accrue more than eighty-eight
(88) hours of holiday time per year shall continue to accrue holiday time
at the rate of accrual in effect on November 1, 1995, so long as they
hold such jobs and until termination of their City service. All
employees of the City hired or rehired after November 1, 1995, shall
accrue holiday time pursuant to subsection (c) of this section.
(e) The officers and employees of the city shall remain
in their respective offices during the hours herein provided for, and at
such other times, including the days on which the offices may be
closed pursuant to subsections (a) and (b) of this section, as the heads
of the departments shall require, except when official business requires
that they be absent therefrom. The city manager and other council-
appointed officers shall establish working hours for employees under
their jurisdiction.
(f) Notwithstanding any provisions of this section to the
contrary, the city manager, the assistant city manager and directors by
authority of the city manager, the city clerk, the director of finance, the
city attorney, the municipal auditor, the director of real estate valuation
and the city registrar shall not accumulate any equivalent time off for
hours worked in addition to regular office hours; provided, however,
that any such officer may be absent from his office during regular office
hours, without penalty, so long as such absence does not interfere with
the normal operations of such office.
2. Section 2-49, Vacation leave, is hereby amended and reordained
by amending current subsection (a) and by the addition of a new subsection (bl), the
amended and new subsections to read and provide as follows:
§2-49.
Vacation leave.
(a) On and after July 1, 1985, and during each fiscal
year thereafter, officers and employees of the city, except fire and
emergency medical service employees working the three-platoon
system, emergency medical service employees who work a forty-two
(42) hour week, part-time, seasonal, temporary and extra help
employees,shall accrue vacation leave each calendar month, based on
cumulative years of city service, in accordance with the following
schedule:
Cumulative Years
of City Service
Vacation Leave Accruing
Each Calendar Month
Upto 5 8 hours
Sro 10 10 hours
10 to 20 12 hours
20 to 30 14 hours
30 or more 16 hours
(bl) On and after November 1, 1995, and during each
fiscal year thereafter, emergency medical service employees who work
a forty-two (42) hour week shall accrue vacation leave each calendar
month, based on cumulative years of city service, in accordance with
the following schedule:
Cumulative Years
of City Servi;~
Vacation Leave Accruing
Each Calendar Mpnf;h
Upto 5 9 hours
5to10 11 hours
10 to 20 13 hours
20 to 30 15.25 hours
30 or more 17.25 hours
3. Subsection (c) of §2-54, Paid leave, is hereby amended and
reordained to read and provide as follows:
§2-54. Paid leave.
(c) Paid leave shall accrue as provided by this
subsection.
(t) All officers and employees of the city except
fire and emergency medical service employees working the three-
platoon system and emergency medical services employees who work
a forty-two (42) hour work week:
Total years
of service Hours Der Month
0to1 10
1to5 12
5 to 10 14
10to 15 16
15 to 20 17
20 to 25 18
25 to 30 19
30 or more 20
(2) Fire department and emergency medical
service employees working the three-platoon system:
Total years
of service Hours Der Month
0to1 17
I to 5 19.75
5 to 10 22.75
10 to 15 25.50
15 to 20 26.75
2O to 25 28.25
25 to 30 30
30 or more 32
(3) Emergency medical service employees who
work a forty-two (42) hour work week:
Total Years
of service Hours Der Monf;h
0to1 11
lto5 13
5 to 10 15.25
10 to 15 17.25
15 to 20 18.25
20 to 25 19.50
25 to 30 20.50
30 or more 21.50
57
4. Officers and emPloyees of the City on November 1, 1995, who
have been permitted to accrue and maintain holiday hour balances, shall be paid for
their holiday hour balances, except twenty-four (24) hours which may be carried over
pursuant to §2-37(c), Code of the City of Roanoke (1979), as amended, at their pay
rate effective November 1, 1995. All such payments for accrued holiday hour
balances shall be paid by March 31, 1996.
5. Except for employees grandfathered under subsection (d) of §2-
37, any employee of the City on November 1, 1995, who as of such date was entitled
to earn holiday time, shall receive eight (8) hours of holiday time for the 1995
Columbus Day holiday (observed on the second Monday in October).
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 on and after November 1, 1995.
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 1995.
No. 32708-102395.
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 employees and retirees 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 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 employees and retirees of the City
and members of their families for a term of one year beginning January 1, 1996 and
ending December 31, 1996, 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 October 23, 1995.
2. Said contract shall be delivered, if possible, to the City not later
than December t5, 1995 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.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 1995.
No. 32709-102395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_o_oro_oriations
Streets & Bridges $ 12,204,014.00
Roadway Safety Improvement Program (1) ......... 150,000.00
59
Capital Improvement Reserve $ 3,517,294.00
Public Improvement Bonds - Series 1996 (2) ........ 6,221,809.00
1) Appropriated
from Bond Funds
2) Streets and
Sidewalks
(008-052-9606-9001)
(008-052-9701-919t)
$150,000.00
(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 Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32710-t02395.
AN ORDINANCE authorizing an agreement between the City of Roanoke,
the Virginia Department of Transportation, and Norfolk and Western Railway
Company for the Albermarle Avenue railroad grade crossing safety 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 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 agreement
between the City, the Virginia Department of Transportation, and Norfolk and
Western Railway Company, for the Albermarle Avenue railroad grade crossing safety
project, all as more particularly set forth in the October 23, 1995, report of the City
Manager to this Council.
2. The form of the agreement shall be approved by the City Attomey.
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 23rd day of October, 1995.
No. 32711-102395.
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. 32131-080894, adopted August 8, 1994, for certain
expenditures in connection with the AlbemaHe Avenue Grade Crossing, King Street
and Berkley Road, N. E., Old Mountain Road and Nelms Lane, N. E., Hemlock Road
and Oak Road, N. W., and Bennington Street and Riverland Road, S. E., project in the
City of Roanoke; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U. S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse
$150,000.00, appropriated by an ordinance simultaneously adopted by the City
Council on October 16, 1995, for the Albemarle Avenue Grade Crossing, King Street
and Berkley Road, N. E., Old Mountain Road and Nelms Lane, N. E., Hemlock Road
and Oak Road, N. W., and Bennington Street and Riverland Road, S. E., ("Project")
in the City of Roanoke, from the proceeds of its general obligation public
improvement bonds authorized to be issued pursuant to Ordinance No. 32131-
080894, adopted by the City Council on August 8, 1994, in the principal amount of
$23,000,000 for the purpose of providing funds to defray the cost of needed
permanent public improvements of and to school buildings, public buildings, public
bridges, streets and sidewalks, storm drains, parks, economic development and
acquisition of real property for the foregoing. Ordinance No. 32132-080894, also
61
adopted by City Council on August 8, 1994, provided for the holding of an election
to determine whether the qualified voters of the City of Roanoke would approve
Ordinance No. 32131-080894, and, at an election held on November 8, 1994, the
qualified voters of the City approved Ordinance No. 32131-080894. The maximum
principal amount of debt expected at this time to be issued for the Albemarle Avenue
Grade Crossing, King Street and Berkley Road, N. E., Old Mountain Road and Nelms
Lane, N. E., Hemlock Road and Oak Road, N. W., and Bennington Street and
Riverland Road, S. E., projects is $150,000.00, all as is more particularly set forth in
the October 16, 1995 report of the City Manager to this Council.
2. This is a declaration of official intent adopted pursuant to U. S.
Treasury Regulations, Section 1.150-2. This official intent is being declared not later
than sixty days after the payment of the expenditures authorized by Paragraph 1 of
this Resolution.
3. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant to
the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as
amended.
adoption.
This Resolution shall be effective on and after the date of its
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32712-102395.
AN ORDINANCE accepting the bid of ABB Kent Meters, Inc., for the
purchase of cold water meters, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the requisite
contract for such product; rejecting all other bids made to the City for the product;
and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of ABB Kent Meters, Inc., to furnish to the City cold water
meters for a period of one year with the option to renew for four additional one year
periods, hereinafter set out and generally described, 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, at the purchase prices set out below:
5/8" meters $23.00 each
314" meters 39.50 each
1" meters 61.00 each
1%" meters 160.00 each
2" meters 219.00 each
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. The City's Manager of Supply Management 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 measure, as more particularly set out in a report to this
Council dated October 23, 1995.
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:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32713-102395.
AN ORDINANCE accepting the bid of Fairtron Corporation, to provide
and install one new electronic scoreboard and three new concourse message
centers in the Roanoke Civic Center Coliseum at no cost to the City and to obtain
advertisers for the units for a period not to exceed ten years, upon certain terms
and conditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite agreement; rejecting all other bids made to the City;
and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Fairtron Corporation in the total amount of $262,046.00,
to provide and install one new electronic scoreboard and three new concourse
message centers in the Roanoke Civic Center Coliseum at no cost to the City and
to obtain advertisers for the units for a period not to exceed ten years, upon certain
terms and conditions, as more particularly set forth in the October 23, 1995 report
of the City Manager to this Council, such bid being in full compliance with the City's
plans and specifications made therefor and as provided in the contract documents
offered 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 agreement 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.
64
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 23rd day of October, t995.
No. 32714-102395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
ADDro~)riations
Public Safety
Hazardous Materials Response Team (1) .............
Revenue
Public Safety
$
Hazardous Materials Response Team (2) ..............
$ 1,878,970.00
181,665.00
,878,970.00
181,665.00
65
1) Expendable
Equipment
2) State Revenue
(035-050-3220-2035)
(035-035-1234-7067)
$15,000.00
15,000.00
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
mmmmmmmmmmmmmmmm
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32715-102395.
A RESOLUTION accepting a certain Hazardous Materials Regional
Response Team Grant from the Virginia Department of Emergency 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 Virginia Department of Emergency Services for a Hazardous Materials
Regional Response Team Grant in the amount of $15,000.00, such grant being more
particularly described in the report of the City Manager, dated October 23, 1995,
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.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
~: D~~vi ~A. Bowers
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 1995.
No. 32716-102395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
A_~_~ro_~riation~
Public Safety $ 1,972,033.00
Federal Forfeiture Program (1) ..................... 211,126.00
Revenue
Public Safety $ 1,972,033.00
Federal Forfeiture Program (2) ...................... 211,126.00
1) Investigations
and Rewards
2) Federal
Forfeiture
Program
(035-050-3304-2150)
(035-035-1234-7184)
$ 93,063.00
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
93,063.00
67
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 1995.
No. 32717-102395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
ADDroDriations
Public Safety
Forfeited Asset Sharing Program (1-2) .............
$ 1,989,369.00
46,303.00
Revenue
Public Safety
Forfeited Asset Sharing Program (3) ...............
$ 1,989,369.00
46,303.00
1) Expendable
Equipment
< $t,000 (035-050-3302-2035) $ 5,500.00
2) Other
Equipment (035-050-3302-9015) 11,836.00
3) State Grant
Revenue (035-035-1234-7133) 17,336.00
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
Mary-F. P'~'ker
City Clerk
APPROVED
David A. Bowers
Mayor
68
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 1995.
No. 32718-102395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Ap_=ro_oriations
Parks, Recreation and Cultural $ 58,756.00
LSCA Title I - Subregional 95-96 (1-4) ................ 7,359.00
Revenue
Parks, Recreation and Cultural $ 58,756.00
LSCA Title I - Subregional 95-96 (5) ................... 7,359.00
1) Temporary
Employee Wages
2) FICA
3) Training and
Development
4) Equipment >$1,000
5) LSCA Title I -
Subregional
(035-054-5043-1004)
(03S-oS4-5043-1120)
(035-054-5043-2044)
(035-054-5043-9005)
(035-035-1234-7210)
$ 2,192.00
167.00
400.00
4,600.00
7,359.00
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
City Clerk ............... Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32719-102395.
A RESOLUTION accepting a Library Services and Construction Act
(LSCA) 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 Construction 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 23, 1995, 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 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 this grant.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 1995.
No. 32720-102395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
A_r)_oro_oriations
Health and Welfare $ 1,961,129.00
Runaway and Homeless Youth Grant (1-5) ........... 90,000.00
Revenue
Health and Welfare $ 1,961,129.00
Runaway and Homeless Youth Grant (6) .............. 90,000.00
1) Regular Employee
Salaries
2) FICA
3) Administrative
Supplies
4) Local Mileage
5) Program
Activities
6) Federal Grant
Receipts
(035-054-5132-1002)
(035-054-5132-1120)
(035-054-5132-2030)
(035-054-5132-2046)
(035-054-5132-2066)
(035-035-1234-7211)
$ 68,766.00
17,958.00
156.00
1,064.00
2,056.00
90,000.00
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 23rd day of October, 1995.
No. 32721-102395.
A RESOLUTION authorizing the acceptance of a grant from the United
States Department of Health and Human Services to provide services to runaway
and homeless youth 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 to runaway and homeless youth 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 upon all of
the terms, provisions and conditions therein set out.
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. 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 connection with the City's acceptance of the grant.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32722-102395.
A RESOLUTION endorsing the City's plan of services for participation
in the Virginia Juvenile Community Crime Control Act, and authorizing the City
Manager to execute the necessary documents to submit the plan of services to the
State Board of Youth and Family Services.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. This Council endorses the City's plan of services for participation
in the Virginia Juvenile Community Crime Control Act, as more specifically set out
in the report dated October 23, 1995.
2. The City Manager, or his designee, and the City Clerk, are
authorized to execute and attest, respectively, the necessary documents to submit
the City's plan of services to the State Board of Youth and Family Services. All
documents shall be approved as to form by the City Attorney.
Mary F. P~a er
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32723-102395.
A RESOLUTION endorsing the Capital Improvement Program submitted
by the City Manager and Director of Finance by report of October 23, 1995.
WHEREAS, by report of October 23, 1995, 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 1996-2000 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 1996-2000 in the total amount of $235,230,696 as
set out in the report of the City Manager and Director of Finance, dated October 23,
1995, and the attachments to such report.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
'73
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32724-102395.
AN ORDINANCE authorizing the proper City officials to enter into a
sublease agreement between C.W. Francis & Son, Inc., and the City of Roanoke for
use of office space at 120 West Kirk Avenue, by the Occupational Health Nurse,
upon certain terms and conditions, and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and
attest, respectively, for and on behalf of the City, in form approved by the City
Attorney, with C. W. Francis & Son, Inc., a sublease agreement for 2,525_+ square feet
of office space on the ground floor of the building located at 120 West Kirk Avenue,
for use by the Occupational Health Nurse, for an initial term of six months, beginning
December 1, 1995, and to continue on a month to month basis thereafter, at a rate
of $600.00 per month, as more particularly set forth in the report to this Council
dated October 23, 1995. Such sublease shall contain such other terms and
conditions as are approved and required by the City Manager.
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 23rd day of October, 1995.
No. 32725-102395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
General Fund Appropriations, and providing for an emergency.
74
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A_DDroDriations
General Government $10,111,757.00
City Attorney (1) ................................. 590,6t9.00
Nondepartmental $ 50,624,416.00
Contingency - General Fund (2) ..................... 388,906.00
1) Fees for
Professional
Services (001-003-1220-2010) $ 2,968.00
2) Contingency (001-002-9410-2199) (2,968.00)
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 23rd of October, 1995.
No. 32726-102395.
A RESOLUTION memorializing James Lewis Trinkle.
WHEREAS, the members of this Council have learned, with sorrow, of
the passing on October 13, 1995, of Mr. James Lewis Trinkle;
WHEREAS, Mr. Trinkle, son of the late Governor of Virginia, E. Lee
Trinkle and Helen Ball Sexton Trinkle, was graduated from Jefferson High School,
Hampden-Sydney College and the University of Virginia Law School; and
75
WHEREAS, Mr. Trinkle was the president of Pi Kappa Alpha fraternity
in both his college and law school; and
WHEREAS, Mr. Trinkle served on the Board of Trustees of Hampden-
Sydney College from 1967 to the time of his death and was twice appointed to the
Board of Visitors of the University of Virginia from which institution he received the
Ernest H. Ern Award in 1989 for his work toward advancing the initiatives, programs,
and goals of the Student Council to promote more effective teaching by increasing
student-professor contact; and
WHEREAS, Mr. Trinkle, President of C. W. Francis and Son, Inc., was
very active in civic, community and church affairs and served in many significant
positions, including President of Downtown Roanoke, Inc., of the Merchants
Association of the Roanoke Valley, and of the Roanoke Fine Arts Center, Chairman
and President of United Way of Roanoke Valley, and member of the Boards of
Directors of the Roanoke Symphony, Roanoke Valley Board of Realtors, Central
YMCA, Roanoke Civic Center Project, Junior League Advisory Board, American
Cancer Society and Roanoke Historical Society; and
WHEREAS, this Council desires to take special note of the passing of
Mr. Trinkle, and to pay respect to the memory of this noted civic leader.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this means of recording its deepest regrets
at the passing of Mr. James Lewis Trinkle, and extends to his wife, Muriel King
Trinkle; sons, James L. Trinkle, Jr., William F. Trinkle, David B. Trinkle, M.D.;
daughter, Ann Bondurant Trinkle; stepson, Henry Scholz, IV; stepdaughters,
Courtney Black, Lesia Wall, Ardis Merritt; his former wife, Betty Francis Trinkle
Freeman, and other members of his family, the sympathy of this Council and that of
the citizens of this City; and
2. The City Clerk is directed to forward an attested copy of this
resolution to the appropriate surviving family members.
APPROVED
ATTEST: p~
Mary F. Parker David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 1995.
No. 32727-102395.
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, 1995;
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 Margaret R. Baker is hereby reappointed as a Director on the Board of Directors
of the Industrial Development Authority of the City of Roanoke, Virginia, for a term
of four years commencing on October 21, 1995, and expiring on October 20, 1999,
to fill a vacancy created by the expiration of the term of office of said member on the
Board occurring on October 20, 1995.
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
77
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of November, 1995.
No. 32704-111395.
AN ORDINANCE amending the conditions of Ordinance No. 32219-
111494, permanently vacating, discontinuing and closing certain public right-of-way
in the City of Roanoke, Virginia, as are more particularly described hereinafter.
WHEREAS, the Council, by Ordinance No. 32219-111494, closed and
vacated that portion of Baker Avenue, N. W., between 25th Street and 30th Street,
N. W., subject to certain conditions; and
WHEREAS, Comachi Corporation filed an application to the Council of
the City of Roanoke, Virginia, in accordance with law, requesting Council to amend
the conditions of Ordinance No. 32219-111494; 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, made its
recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on October 23, 1995, 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 appeared from the foregoing that the land proprietors
affected by the action requested by Comachi Corporation had been properly notified;
and
WHEREAS, from all of the foregoing, the Council considered that no
inconvenience would result to any individual or to the public from taking the action
sought by Comachi Corporation;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that Ordinance No. 32219-111494 be amended to provide that the closure
referenced in Ordinance No. 32219-111494 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.
BE IT FURTHER ORDAINED that in the event that the conditions of
Ordinance No. 32219-111494, as amended, have not been met, and the subdivision
plat referenced in that Ordinance, as amended, 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
Comachi Corporation, and the names of any other parties in interest who may so
request, as Grantees.
APPROVED
ATTEST:
Mary F~l~. arker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of November, 1995.
No. 32729-111395.
A RESOLUTION providing that the regular meeting of City Council
scheduled to be held at 3:00 p.m., on Tuesday, December 26, 1995, shall be held at
3:00 p.m. on Monday, December 18, 1995.
'79
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The meeting of City Council regularly scheduled to be held at 3:00
p.m. on Tuesday, December 26, 1995, is hereby rescheduled to be held on Monday,
December 18, 1995, at 3:00 p.m., such meeting to be in the Council Chambers of the
Municipal Building, 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 rescheduling of such meeting.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 13th day of November, 1995.
No. 32730-111395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_~_~ro_oriations
Community Development $1,041,000.00
Improvements to VA Museum of Transportation (1-2) ........ 1,041,000.00
Capital Improvement Reserve (4,180,294.00)
Public Improvement Bonds - Series 1996 (3) ................ (6,884,809.00)
8O
Revenue
Due from State Government (4) ........................... $ 228,000.00
1) Appropriated
from Bond
Funds
2) Appropriated
from State
Granta
3) Economic
Development
4) Due from VDOT
(008-052-9650-9001)
(008-052-9650-9007)
(008-052-9701-9178)
(008-1234)
$ 813,000.00
228,000.00
(813,000.00)
228,000.00
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 13th day of November, 1995.
No. 32731-111395.
A RESOLUTION authorizing the City Manager to enter into a contract
with the Virginia Department of Transportation for development and administration
of Phase I of the renovations and construction improvements to the Virginia
Museum of Transportation, and committing the City to be responsible for a minimum
of twenty percent (20%) of the cost of Phase I; and to enter into a contract with the
Virginia Museum of Transportation upon certain terms and conditions.
81
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or his designee and the City Clerk are hereby
authorized on behalf of the City to execute, seal and attest, respectively, the
requisite contract, in form approved by the City Attorney, with the Virginia
Department of Transportation ("VDOT") for the development and administration of
Phase I of the renovations and construction improvements to the Virginia Museum
of Transportation ("Museum"), and committing the City to be responsible for a
minimum of twenty percent (20%) of the cost of Phase I, as more particularly set
forth in report of the City Manager dated November 13, 1995, and the attachments
thereto.
2. The City Manager or his designee and the City Clerk are hereby
authorized on behalf of the City to execute, seal and attest, respectively, the
requisite contract, in form approved by the City Attorney, with the Museum upon
certain terms and conditions, including the obligation of the Museum to fulfill all of
the obligations undertaken by the City by virtue of the City's executing the
agreement between the City and VDOT, the obligation of the Museum to match the
City's funding of the renovations and construction improvements, said City funding
not to exceed $813,000.000 in 1996 General Obligation Bonds, and the obligation of
the Museum to be solely responsible for all third party contracts, all of which is
more particularly set forth in the report of the City Manager dated November 13,
1995, and the attachments thereto.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 13th day of November, 1995.
No. 32732-111395.
A RESOLUTION authorizing the execution of an agreement with
Lagniappe, L. L.C. for use of the Community Development Block Grant (CDBG)
funds in connection with the renovation of the facades and the buildings located at
120, 122, and 124 Campbell Avenue in the H-I Historic District.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistant City Manger and the City Clerk
are hereby authorized on behalf of the City to execute and attest, respectively, an
agreement with Lagniappe, L.L.C. for the use of the CDBG Downtown Facade Grant
funds to provide for a grant to Lagniappe of up to $5,000.00 per facade for each of
the above three buildings notto exceed a total of $15,000.00 to be used in renovating
the facades of those buildings and to further provide for the use of the CDBG
funded Economic Development Investment Fund to provide for an unsecured loan
to Lagniappe in an amount not to exceed $65,000.00, for the renovation of some or
all of the above buildings, all as more particularly set forth in the City Manager's
report to Council dated November 13, 1995.
2. The form ofthe agreement shall be approved by the City Attomey.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of November, 1995.
No. 32733-111395.
AN ORDINANCE awarding concession privileges at River's Edge Sports
Complex, upon certain terms and conditions; authorizing the execution of a limited
concession agreement; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Roanoke Valley Youth Soccer Club, Inc., is hereby awarded
concession privileges to sell soccer related merchandise at River's Edge Sports
Complex during three separate soccer toumaments to be held on November 18 and
19, 1995, January 13 and 14, 1996, and May 25 and 26, 1996, as more particularly set
forth in the report to this Council dated November 13, 1995. Concession fees to the
City are hereby waived.
2. The City Manager, or his representative, and the City Clerk, are
hereby authorized, for and on behalf of the City, to enter into and execute, and attest,
respectively, a limited concession agreement with Roanoke Valley Youth Soccer
Club, Inc., the form of such agreement to be approved by the City Attorney.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 13th day of November, 1995.
No. 32734-111395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A_o_oro_oriations
Public Safety $ 35,9t3,860.00
Recovered Costa (1) ................................. ( 543,457.00)
Capital Outlay (2) .................................... 59,926.00
1) Reimbursements (001-024-3310-8005) $ 19,543.00
2) Vehicular
Equipment (001-024-3310-9010) 19,543.00
84
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 13th day of November, 1995.
No. 32735.111395.
A RESOLUTION accepting the bid of Shelor Motor Company,
Incorporated, d/b/a Homer Cox Ford for the purchase of nine new automobiles for
use by the Police Department, Emergency Medical Services and the Sheriff's
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 Shelor Motor Company, Incorporated, dlbla
Homer Cox Ford to purchase nine new automobiles for use by the Police
Department, Emergency Medical Services and the Sheriff's Department at a cost of
$19,543.00 per automobile, 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
automobiles, 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 automobiles, such agreements to be in such form as shall
be approved by the City Attorney.
85
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.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 13th day of November, 1995.
No. 32736-111395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appro_~riations
Health and Welfare
Shelter Plus Care Program (1) ..........................
$ 2,497,289.00
536,160.00
Revenue
Health and Welfare $ 2,497,289.00
Shelter Plus Care Program (2) .......................... 536,160.00
1) Shelter Plus Care
2) Federal Grant
Receipts
(035-054-5190-2159)
(035-035-1234-7206)
$ 536,160.00
536,160.00
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 13th day of November, 1995.
No. 32737-111395.
A RESOLUTION authorizing acceptance of the Shelter Plus Care Grant
from the U.S. Department of Housing and Urban Development, authorizing execution
of the required grant documents; and authorizing execution of the necessary
Memoranda of Understanding with various agencies to ensure compliance with
federal regulations and grant application.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager, W. RObert Herbert, or Assistant City Manager,
James D. Ritchie, is authorized to accept the Shelter Plus Care Grant from the U.S.
Department of Housing and Urban Development, in the amount of $536,160.00, to be
used for those purposes and subject to the conditions identified in the report of the
City Manager dated November 13, 1995.
2. The City Manager, W. Robert Herbert, or Assistant City Manager,
James D. Ritchie, is authorized to execute the requisite grant documents in order to
accept said grant on behalf of the City. Said documents to be in a form approved by
the City Attorney.
3. The City Manager or the Assistant City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, Memoranda of Understanding with Salem Department of Veterans
Affairs Medical Center, Total Action Against Poverty in Roanoke Valley, Inc., Blue
87
Ridge Independent Living Center, Blue Ridge Community Services, Roanoke Area
Ministries, Roanoke City Health Department, Blue Ridge AIDS Support Services, and
the Roanoke AIDS Project, in form approved by the City Attorney, and in accordance
with the City Manager's report to this Council dated November 13, 1995.
APPROVED
ATTEST: ~
Mary F. Parker David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of November, 1995.
No. 32738-111395.
A RESOLUTION directing that the Conference Room of the Roanoke
Law Library shall henceforth be known as the Clayne M. Calhoun Conference Room.
WHEREAS, Clayne M. Calhoun served as Roanoke City Law Librarian
from October 31, 1977, to April 10, 1995;
WHEREAS, Mrs. Calhoun regrettably passed away on April 18, 1995;
WHEREAS, Mrs. Calhoun was a native of Orange County, New Jersey,
and received a Bachelor of Arts Degree from Stratford College and a Master of
Library Science Degree from Catholic University;
WHEREAS, Mrs. Calhoun served as President of the Roanoke
Association of Law Libraries, Executive Board Member of the Virginia Association
of Law Libraries, President of Roanoke Valley Swimming, Inc., and she established
and maintained a Roanoke Valley Guardianship Project entitled, "It's Your Future",
and contributed to the first edition of A Guide to Leu_al Research in Virginia;
WHEREAS, Clayne Calhoun was survived by her husband, Thomas
Sidney Calhoun, and a son, Samuel Clayton Calhoun;
WHEREAS, Mrs. Calhoun was known as a dedicated public servant who
always displayed the highest professionalism and competence, and, in particular,
attributes of honesty, integrity, friendliness, thoroughness, precision and attention
to detail; and
WHEREAS, this Council is desirous of honoring Mrs. Calhoun by
naming the Roanoke Law Library Conference Room in her honor;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. In honor of the late Clayne M. Calhoun, the Roanoke Law Library
Conference Room shall henceforth be known as the Clayne M. Calhoun Conference
Room.
2. The City Manager is directed to coordinate appropriate
ceremonies in connection with the naming of the Law Library Conference Room and
the procurement and installation of an appropriate plaque honoring Mrs. Calhoun
as well as the hanging of a portrait or photograph of Mrs. Calhoun adjacent to or
within the Conference Room.
3. The City Clerk is directed to forward an attested copy of this
resolution to Thomas Sidney Calhoun.
APPROVED
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 13th day of November, 1995.
No. 32739-111395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
AD_~roDriations
Health and Welfare
Restricted Medicaid Eligibility Worker 95-96 (1-5) ..........
$ 1,896,079.00
24,950.00
Revenue
Health and Welfare $ 1,896,079.00
Restricted Medicaid Eligibility Worker 95-96 (6) ............ 24,950.00
1) Regular Employee
Salaries
2) ICMA
3) FICA
4) Hospitalization
Insurance
5) Life Insurance
6) State Grant
Receipts
(035-054-5169-1002)
(035-054-5169-1115)
(035-054-5169-1120)
(035-054-5169-1125)
(035-054-5169-1130)
(035-035-1234-7212)
$ 19,435.00
1,750.00
1,487.00
2,210.00
68.00
24,950.00
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 13th day of November, 1995.
No. 32740-111395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Consortium Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
ADDro_~riation$
Fifth District Employment & Training
Consortium - FY96
Title II - Incentive (1) .................................
Title III (2-5) ........................................
Title III - 35% (6-20) ..................................
Bootstrap - CDBG (2t-25) .............................
Employment Services - CDBG (26-30) ...................
Opportunity Knocks - State (31-34) .....................
Opportunity Knocks - CDBG (35-40) ....................
$1,382,888.00
20,729.00
377,007.00
300,862.00
10,613.00
60,000.00
127,840.00
14,520.00
Revenue
Fifth District Employment & Training
Consortium - FY96
Title II -Incentive (41) .................................
Title III (42) ..........................................
Title III - 35% (43) .....................................
Bootstrap - CDBG (44) .................................
Employment Services - CDBG (45) .......................
Opportunity Knocks - State (46) .........................
Opportunity Knocks - CDBG (47) ........................
$1,382,888.00
20,729.00
377,0O7.0O
300,862.00
10,613.00
60,000.00
127,840.00
14,520.00
1) Funding
Authorization (034-054-9664-9990) $20,729.00
2) Administrative
Equipment (034-054-9681-8359) 2,400.00
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
Administrative
Miscellaneous
Basic Readjust-
ment Service
Wages
Basic Readjust-
ment Service
Fringes
Administrative
Wages
Administrative
Fringes
Administrative
Communications
Administrative
Equipment
Administrative
Miscellaneous
Basic Readjust-
ment Service
Wages
Basic Readjust-
ment Service
Fringes
Basic Readjust-
ment Service
VEC
Basic Readjust-
ment Service
Equipment
Supportive
Services
Training/
FDETC I/R
Profiling Wages
Profiling
Fringes
Profiling
Contract
Services
Profiling
(034-054-9681-8360) $ 201.00
(034-054-9681-8066)
(034-054-9681-8067)
(034-054-9682-8350)
(034-054-9682-8351)
(034-054-9682-8353)
(034-054-9682-8359)
(034-054-9682-8360)
(034-054-9682-8066)
(034-054-9682-8067)
(034-054-9682-8405)
(034-054-9682 -8496)
(034-054-9682-8461)
(034-054-9682-8500)
(034-054-9682-8540)
(034-054-9682-854t)
(034-054-9682-8542)
Communications (034-054-9682-8543)
Staff Wages (034-054-9686-8350)
Staff Fringes (034-054-9686-8351)
4,976.00
1,784.00
5,000.00
1,025.00
200.00
850.00
1,000.00
22,065.00
3,625.00
4,300.00
1,000.00
5,200.00
32,300.00
13,944.00
3,053.00
7,000.00
300.00
6,618.00
1,320.00
23)
24)
25)
26)
27)
28)
29)
3O)
31)
32)
33)
34)
35)
36)
37)
38)
39)
4O)
41)
42)
43)
44)
45)
46)
47)
Communications
Supplies
Tuition
Wages
Fringes
Communications
Supplies
Contractual
Services
Staff Wages
Staff Fringes
Participant
Wages
Participant
Fringes
Staff Wages
Staff Fringes
Communications
Supplies
Lease/Rentals
FDETC IIR
Title II -
Incentive
Revenue
Title III
Revenue
Title III -
35% Revenue
Bootstrap -
CDBG Revenue
Employment
Services -
CDBG Revenue
Opportunity
Knocks -
State Revenue
Opportunity
Knocks -
CDBG Revenue
(034-054-9686-8353)
(034-054-9686-8355)
(034-054-9686-8500)
(034-054-9687-8050)
(034-054-9687-8051)
(034-054-9687-8353)
(034-054-9687-8355)
(034-054-96874)357)
(034-054-9691-8050)
(034-054-9691-8051)
(034-054-9691-8030)
(034-054-9691-8031)
(034-054-9692-8350)
(034-054-9692-8351 )
(034-054-9692-8353)
(034-054-9692-8355)
(034-054-9692-8358)
(034-054-9692-8500)
(034-034-1234-9664)
(034-034-1234-9681 )
(034-034-1234-9682)
(034-034-1234-9686)
(034-034-1234-9687)
(034-034-1234-9691 )
(034-034-1234-9692)
$ 200.00
225.00
2,250.00
42,747.00
9,698.00
450.00
680.00
6,425.00
68,24t .00
13,990.00
42,409.00
3,200.00
1,870.00
380.00
480.00
540.00
10,500.00
750.00
20,729.00
9,361.00
100,862.00
10,613.00
60,000.00
127,840.00
14,520.00
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 13th day of November, 1995.
No. 32742-111395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A_opropriations
Nondepartmental
Residual Fringe Benefits (1) ...........................
$ 50,822,384.00
1,368,945.00
Fund Balances
Reserved Fund Balance $10,208,903.00
Reserve for Pension Contribution (2) .................... 0.00
1) City Retirement
2) Reserve for
Pension
Contributions
(001-004-9110-1105)
(001-3341)
$ 195,000.00
(195,000.00)
94
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 13th day of November, 1995.
No. 32743-111395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Sewage Treatment 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 1995-96 Sewage Treatment and Capital Projects Fund
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
Sewa_ee Treatmenf; Fund
ADDroDriafions
Capital Outlay
Walnut Avenue Bridge (1) .............................
Sewage Treatment Plant Expansion Bonds 94 (2) .........
$ 20,586,048.00
t57,025.00
13,780,882.00
Capital Pro_iects Fund
AoDroDriations
Streets and Bridges $12,683,496.00
Walnut Avenue BHdge (3) .............................. 1,895,931.00
1) Appropriated
from Bond
Funds
2) Appropriated
from Bond
Funds
3) Appropriated
from General
Revenue
(003-056-8474-9001)
(003-056-8465-9001)
(008-052-9684-9003)
$ 157,025.00
(t57,025.00)
631,482.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST: ~, ~~
Mar~ ~.~rker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of November, 1995.
No. 32744-111395.
AN ORDINANCE accepting the bid ofW. C. English, Incorporated, for the
replacement of the Walnut Avenue Bridge (#1816) over the Roanoke River, 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 W. C. English, Incorporated, made to the City in the
total amount of $1,493,056.20 for the replacement of the Walnut Avenue Bridge
(#1816) over the Roanoke River as is more particularly set forth in the report to this
Council dated November 13, 1995, 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:
David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of November, 1995.
No. 32745-111395.
A RESOLUTION authorizing the execution of an amendment to the City's
contract with Mattem & Craig, Inc., for additional engineering services in connection
with the replacement of the Walnut Avenue Bridge (#1816), over the Roanoke River.
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 Mattern & Craig, Inc.,
Consulting Engineers, dated August 6, 1992, in order to provide for additional
engineering services related to the replacement of the Walnut Avenue Bridge
(#1816) over the Roanoke River.
97
2. Such amendment shall provide for services as set forth in the
report to this Council dated November 13, 1995 and the cost of these additional
services shall be $58,300.00.
APPROVED
ATTEST:
Mary F.~arker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 13th day of November, 1995.
No. 32746-111395.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Sewage Treatment Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
AD_~roDriations
Capital Outlay $ 20,760,899.00
Lick Run Replacement LR-3 (1) ......................... 174,851.00
Retained Earnings
Retained Earnings - Unrestricted (2) ..................... $18,833,257.00
1) Appropriated
from General
Revenue
2) Retained
Earnings -
Unrestricted
(003-056-8475-9003)
(003-3336)
$174,851.00
(174,851.00)
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 13th day of November, 1995.
No. 32747-111395.
AN ORDINANCE accepting the bid of Aaron J. Conner, General
Contractor, Inc., for the Lick Run Sewer Replacement Project LR-3, 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 Aaron J. Conner, General Contractor, Inc., in the total
amount of $153,851.00, for the Lick Run Sewer Replacement Project LR-3, as is more
particularly set forth in the November 13, 1995 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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of November, 1995.
No. 32728-112795.
AN ORDINANCE amending and reordaining subsections (a), (b), (f) and
(g) of §19-20, When tax payable: installment payment: penalty_ for late payment;
report and collection of deline_uencies, of Article I, In General, of Chapter 19, License
Tax Code, of the Code of the City of Roanoke (1979), as amended, to require
payment to be received on or before March 1 for the license tax year beginning
January 1, 1996 and all subsequent tax years, and to eliminate the installment
payment option for the license tax year beginning January 1, 1997 and all
subsequent tax years.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Subsections (a), (b), (f) and (g) of §19-20, When tax payable;
installment payment: penalty_ for late payment: report and c¢llecti0n of
delinquencies, of Article I, In General, of Chapter 19, License Tax Code, of the Code
of the City of Roanoke (1979), as amended, ara hereby amended and reordained as
follows:
Sec. 19-20. When tax payable; installment payment;
penalty for late payment; report and
collection of deline_uen~ie$.
100
(a) For license tax year 1995 and all prior license
tax years, all license taxes imposed by this chapter shall
be deemed to be due and payable during the month of
January of each license year, unless otherwise expressly
provided. For the 1996 license tax year and all
subsequent license tax years, all license taxes imposed by
this chapter shall be deemed to be due and payable on or
before March 1 of each license tax year, unless otherwise
expressly provided.
(b) For the license tax year 1995 and all prior
license tax years, each license tax of one hundred dollars
($100.00) or more, excluding any penalties assessable
thereon, may be paid in two (2) installments, the first due
during the month of January and the second during the
month of May of such year, unless otherwise stated. For
the license tax year 1996, each license tax of one hundred
dollars ($100.00) or more, excluding any penalties
assessable thereon, may be paid in two (2) installments,
the first due on or before March 1 and the second due on
or before May 31 of such year, unless otherwise stated.
Every person electing to pay a license tax in two (2)
installments shall, upon payment of the first installment,
pay in full all penalties theretofore assessed on such
license tax. For the 1997 license tax year and all
subsequent license tax years, there shall be only one
payment date which shall be on or before March 1.
(f) The failure to pay the tax assessed, or due to
have been assessed, on a license on or before the due
date as set forth in subsections (a) and (b), or to pay such
installment thereof as is required by subsection (d), or at
such other time as the same shall become due and
payable, shall subject the person so failing to the payment
of a penalty of ten percent (10%) of the license tax
remaining unpaid on such date, such penalty to be added
and collected by the treasurer. In addition, interest at the
maximum yearly rates authorized by the general law of the
Commonwealth, as provided for in section 58.1-3916,
Code of Virginia (1950), as amended, shall be assessed
and collected on such delinquent tax and penalty
remaining unpaid from the firstday following the day such
taxes, or any installment, are due to be paid, until paid.
101
(g) Promptly after December 31 of each year, the
treasurer shall make written report to the director of
finance of each unpaid city license tax and the director of
finance shall collect each unpaid license tax.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of November, 1995.
No. 32741-112795.
AN ORDINANCE amending subsection (a) of §22.1-46, Vested
allowance, Article III, EmDIo,vees' Su_~_olemental Retirement S,vstem, of Chapter 22.1,
Pensions and Retirement, Code of the City of Roanoke (1979), as amended, to
provide for five year vesting, in lieu of ten year vesting.
BE IT ORDAINED by the Council of the City of Roanoke that subsection
(a) of §22.1-46, Vested allowance, of Article III, Em01o_vees' Su_o_r)lemental Retirement
S,vstem, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained to read and provide as
follows:
§22.t -46. Vested allowance.
(a) Eli~_ibilit-v. A member with ten (10) or more years of
creditable service who, for reasons other than death or
retirement under any other provision of this article, ceases
to be employed by the city shall be entitled to a vested
allowance, as provided for in §§22.1-44, 22.1-45, or 22.1-
52; provided, however, a member who was an employee
on or after July 1, 1996, with five (5) or more years of
102
creditable service who, for reasons other than death or
retirement under any other provisions of this article,
ceases to be employed by the City shall be entitled to a
vested allowance, as provided for in §§22.1-44, 22.1-45, or
22.1-52.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of November, 1995.
No. 32748-112795.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 228, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
WHEREAS, MH&C Partnership, has made application to the Council of
the City of Roanoke to have the hereinafter described property rszoned from C-1,
Office 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 13, 1995, 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
103
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. 228 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
A 10,720 sq.ft, tract of land lying along Hershberger Road, N. W., known
as Lot 3-A, Sec. 1, Eden Park, and designated on Sheet No. 228 of the Sectional 1976
Zone Map, City of Roanoke, as Official Tax No. 2280802, be, and is hereby rezoned
from C-1, Office District to C-2 General Commercial District, subject to the proffers
contained in the Petition filed in the Office of the City Clerk on August 15, 1995, and
that Sheet No. 228 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 27th day of November, 1995.
No. 32749-112795.
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, Bonnie L. Young, filed a First Amended 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
104
WHEREAS, the City Planning Commission, after giving proper notice
to all concerned as required by §30-14, Code of the City of Roanoke (1979), as
amended, and after having conducted a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council on November 13, 1995, 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:
The undeveloped section of 22nd Street, S. W., running in a northerly
direction from Sanford Avenue, S. W., to the right-of-way of U.S. 220
Expressway, but not that portion of the undeveloped section of 22nd
Street, S. W., which extends twenty-five (25) feet in a westerly direction
from the existing edge of the pavement at Sanford Avenue, 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
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
105
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 fight-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
Bonnie L. Young, and the names of any other parties in interest who may so request,
as Grantees.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
106
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of November, 1995.
No. 32750-112795.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 217, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
WHEREAS, Lance Copperman, has made application to the Council of
the City of Roanoke to have the hereinafter described property rezoned from RS-3,
Residential Single Family District, to C-2, General Commercial District, subject to
certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on November 13, t995, 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. 217 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
A 1.042-acre tract of land located at the northerly terminus of Lanford
Street, N. W., and designated on Sheet No. 217 of the Sectional 1976 Zone Map City
of Roanoke as Official Tax No. 2170139, be, and is hereby rezoned from RS-3,
107
Residential Single Family District, to C-2, General Commercial District, subject to the
proffers contained in the Second Amended Petition, filed in the Office of the City
Clerk on October 17, 1995, and that Sheet No. 217 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 27th day of November, 1995.
No. 32751-112795.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 520, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
WHEREAS, CSW Associates, has made application to the Council of the
City of Roanoke to have the hereinafter described property rezoned from C-1, Office
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 13, 1995, after due and timely notice thereof
as required by §36.t-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed rezoning; and
108
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. 520 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That certain 2.723-acre parcel of land located on the northerly side of
Lee Highway, Route 419 west of its intersection with Aerial Way Drive, and
designated on Sheet No. 228 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 5200107, and a portion of Official Tax No. 5200119, be, and is hereby
rezoned from C-1, Office 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 October 17, 1995, and that Sheet No. 520 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 27th day of November, 1995.
No. 32752-112795.
A RESOLUTION recognizing and congratulating Wilburn C. Dibling, Jr.,
City Attorney, upon his receipt of the Edward J. Finnegan Award from the Local
Government Attorneys of Virginia, Inc., association.
WHEREAS, Wilburn C. Dibling, Jr., has served as City Attorney since
1977, after having performed with distinction in the Office of the Attorney General
and the United States Army; and
109
WHEREAS, Mr. Dibling has been a forceful and effective advocate for
the City and has substantially contributed to the legal health of the City by practicing
preventive law on behalf of his clients; and
WHEREAS, Mr. Dibling has been a vigorous advocate of local
government while serving in various capacities with the Virginia Municipal League,
the Virginia Code Commission's Task Force for Recodification of Title 15.1, the
Governor's Advisory Commission on the Dillon Rule and Local .Government, the
VML-VACO Joint Task Force on Land Use, and the Local Government Law Section
of the Virginia State Bar; and
WHEREAS, Mr. Dibling has held many offices in the Local Government
Attorneys of Virginia, Inc. association, (LGA), including president and director, and
he was, in large part, responsible for creation of the LGA Handbook for Local
Government Attorneys, an invaluable resource tool for attorneys practicing
municipal law throughout the Commonwealth; and
WHEREAS, on November 2, 1995, in recognition of his many
achievements and accomplishments, Mr. Dibling was awarded the Edward J.
Finnegan Award for Distinguished Service at the 1995 LGA Fall Conference, such
award being the highest award bestowed by the LGA.
THEREFORE, be it resolved by the Council of the City of Roanoke as
follows:
1. Council adopts this resolution in recognition of and as a means
of expressing its sincere congratulations to Wilburn C. Dibling, Jr., City Attorney,
upon his receipt of the LGA's Edward J. Finnegan Award.
2. The City Clerk is directed to transmit an attested copy of this
resolution to Mr. Dibling.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
110
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of November, 1995.
No. 32753-112795.
A RESOLUTION urging the Commonwealth of Virginia Transportation
Board to authorize continuation of the Bristol Rail Passenger Study to confirm
preliminary conclusions and refine study projections.
WHEREAS, City Council has for some time been interested in
passenger rail service for the City of Roanoke, and by Resolution No. 31374-030893,
adopted March 8, 1993, City Council urged the United States Congress to support
the extension of Amtrak rail service between New York and Atlanta via Roanoke;
WHEREAS, the 1995 Session of the General Assembly amended the
State Budget for the t994-1996 Biennium to allocate funds for the Department of Rail
and Public Transportation to conduct a feasibility study for the potential
implementation of rail passenger service between Washington, D. C. and Bristol,
and/or between Richmond and Bristol;
WHEREAS, the firm of Frederic R. Harris, Inc., Transportation
Consultants, was selected to conduct the study, and Phase I of the study concludes
that rail passenger service between BHstol-Washington and Bristol-Richmond would
be feasible, and Roanoke would be a proposed station along both routes; and
WHEREAS, it is now appropriate for the study of the Department of Rail
and Public Transportation to move to Phase II to consider in more detail the
preliminary conclusions of Phase I;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The City Council urges the Commonwealth of Virginia
Transportation Board to authorize continuation of the Bristol Rail Passenger Study
to confirm preliminary conclusions and refine study projections.
2. The City Clerk is directed to forward an attested copy of this
resolution to the Honorable John S. Edwards, Member-Elect, Senate of Virginia, the
Honorable A. Victor Thomas, Member, House of Delegates, the Honorable Clifton A.
Woodrum, III, Member, House of Delegates, the Honorable Robert E. Martinez,
Secretary of Transportation, Commonwealth of Virginia, The Honorable Lorinda G.
111
Lionberger, Member, Commonwealth Transportation Board, Leo J. Bevon, Director,
Commonwealth of Virginia Department of Rail and Public Transportation, and to the
Clerk's of the governing bodies of the cities and towns along the proposed
passenger rail transportation routes.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of November, 1995.
No. 32754-112795.
A RESOLUTION authorizing the execution of a contract between the City
of Roanoke, the Clerk of the Roanoke City Circuit Court and the Commonwealth's
Attorney for the City of Roanoke to provide for the collection of certain past due
fines and court costs.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistant City Manager, for and on behalf
of the City, is hereby authorized to enter into a contract with the Clerk of the
Roanoke City Circuit Court and the Commonwealth's Attorney for the City of
Roanoke to provide for the establishment of a program for the collection of certain
fines and court costs which are past due.
2. The contract which shall be approved as to form by the City
Attorney shall be in substantially the form attached as Exhibit 1 to the City
Manager's letter dated November 27, 1995 to this Council.
ATTEST: ~
Mary F, Parker
City Clerk
APPROVED
David A. Bowers
Mayor
112
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 27th day of November, 1995.
No. 32755-112795.
A RESOLUTION authorizing the School Board for the City of Roanoke
to expend funds for adding to and improving the present school building at
Breckinridge Middle School and declaring the City's intent to borrow to fund or
reimburse such expenditures.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The school board of the City of Roanoke is authorized to expend
out of the City's capital improvement fund up to $6,375,000.00 for the cost of
replacing the present school building at Breckinridge Middle 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 $6,375,000.00.
§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:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
113
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 27th day of November, 1995.
No. 32756-112795.
A RESOLUTION authorizing the School Board for the City of Roanoke
to make application for a loan from the State Literary Fund for modernizing
Breckinridge Middle School.
WHEREAS, the School Board for the City of Roanoke, on the 27th day
of November, 1995, 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 Breckinridge Middle
School, to 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.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
114
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 27th day of November, 1995.
No. 32757-112795.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 School and General Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
School Fund
A_o_r)ropriafions
Education
Facilities (1-7) ................................
Revenue
Education
Non-Operating (8) ..............................
General Fund
A_~_oro_~riation~
Nondepartmental
Transfers to Other Funds (9) ....................
Fund Balance
Capital Maintenance and Equipment Replacement
Program - School Unappropriated (10) ............
1) Instructional and
Administrative
Technology (030-060-6006-6302-0826)
$10t,882,133.00
2,320,641.00
$ 98,7t1,105.00
37,439,389.00
$ 51,346,346.00
50,457,495.00
$ 900,650.00
$ 14,974.00
2) Replacement of
School Buses (030-060-6006-6676-0808)
3) Replacement of
Carpet
4) Purchase of
Equipment
5) Facility
Maintenance
Equipment
6) Elementary
Classroom
Additions
7) Elementary Magnet
School
Alterations
8) Transfer from
General Fund
9) Transfer to
School Fund
IO)CMERP -
School
(030-060-6006-6681-0802)
(030-060-6006-6683-0821)
(030-060-6006-6681-0821)
(030-060-6006-6681-0829)
(030-060-6006-6681-0851 )
(030-060-6000-1037)
(001-004-9310-9530)
(001-3324)
50,286.00
36,909.00
22,969.00
17,922.00
2,919.00
41,131.00
187,110.00
187,110.00
187,110.00
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 27th day of November, 1995.
No. 32758-112795.
A RESOLUTION authorizing the City Manager to execute Amendment
No. 1 to the Agreement with the Fifth District Employment and Training Consortium
regarding the Operation Bootstrap Program to carry over funds from the previous
year's contract to the current contract for the program.
116
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 Agreement dated July 31, t995, with the Fifth
District Employment and Training Consortium regarding the Operation Bootstrap
Program ("Program"), in form similar to Amendment No. 1 which is attached to the
City Manager's report dated November 27, 1995, to this Council, which Amendment
No. 1 provides for carrying over $1,878.00 from the previous year's contract to the
current year's contract for the Program and increasing the amount of Community
Development Block Grant (CDBG) funds to be spent on the Program in Fiscal Year
1995-96 by an equal amount, all of which is more fully set forth in the City Manager's
report dated November 27, 1995, to this Council.
City Attorney.
The form of Amendment No. 1 shall be approved as to form by the
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 27th day of November, 1995.
No. 32759-112795.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
117
Aooropriations
General Government $ 7,958,469.00
Long-Range Facilities Master Plan and Date Base (1)... 130,500.00
Fund Balance
Reserved Fund Balance- Unappropriated (2) .......... $ 1,742,456.00
1) Appropriated from
General Revenue
2) Reserved Fund
Balance -
Unappropriated
(008-052-9705-9003)
(008-3325)
$130,500.00
(130,500.00)
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 27th day of November, 1995.
No. 32760-112795.
A RESOLUTION authorizing the execution of a contract and related
documents with Vitette Group, Inc./Daniel C. Smith & Associates to prepare a Long-
Range Facilities Master Plan and Datebase for the City of Roanoke.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistent City Manager and the City
Clerk are hereby authorized, for and on behalf of the City to execute and attest,
respectively, a contract with Vitetta Group, Inc./Daniel C. Smith & Associates in the
118
amount of $129,337.00 to prepare a Long-Range Facilities Master Plan and Database
for the City of Roanoke, 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 Vitetta Group,
Inc./Daniel C. Smith & Associates and as more particularly described in a report to
Council dated November 27, 1995.
2. 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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 27th day of November, 1995.
No. 32761-112795.
A RESOLUTION establishing, by joint action of the Boards of
Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and
Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington,
Lexington, Roanoke and Salem, the Court-Community Corrections Regional
Community Criminal Justice Board.
WHEREAS, the Virginia General Assembly has adopted legislation tiffed
the Comprehensive Community-Corrections Act for Local-Responsible Offenders
(§53.1-180, et see. of the Code of Virginia, (1950), as amended) and the Pretrial
Services Act (§19.2-152.2, et see. of the Code of Virginia, (1950), as amended), both
of which were effective July 1, 1995; and
WHEREAS, the Virginia General Assembly has previously enacted the
Virginia Alcohol Safety Action Program (§18.2-271.1, et se~_. of the Code of Virginia,
(1950), as amended); and
119
WHEREAS, the Comprehensive Community Corrections Act for Local-
Responsible Offenders, the Pretrial Services Act, and the Virginia Alcohol Safety
Action Program require the appointment of representatives in establishing a Board
to administer the programs; and
WHEREAS, the Code of Virginia requires the localities to submit a
Community-based Corrections Plan to the Department of Corrections in order to
receive reimbursement for eligible costs of jail construction; and
WHEREAS, the Comprehensive Community Corrections Act for Local-
Responsible Offenders and the Pretrial Services Act both mandate that any locality
required to submit a Community-based Corrections Plan is further required to
establish Community Corrections Programs and Pretrial Services Programs; and
WHEREAS, the Court-Community Corrections Program has provided
the criminal justice systems within these localities with sentencing alternatives for
certain non-violent felons and misdemeanors since July of 1980; and
WHEREAS, the establishment of a multi-jurisdictional Court-Community
Corrections Regional Community Criminal Justice Board will result in a reduction
in the program's administrative costs, enhanced funding priorities, the continuation
of cost-beneficial dispositional alternatives to the judicial system, increased input
of criminal justice professionals within program strategies, without increasing the
threat to public safety; and
WHEREAS, the City of Salem has agreed to serve as the administrative
and fiscal agent for the aforementioned programs.
that:
THEREFORE, BE IT RESOLVED by the Council for the City of Roanoke
The City of Roanoke will implement the Comprehensive
Community Corrections Act for Local-Responsible Offenders
and the Pretrial Services Act as provided herein;
The existing Court-Community Corrections Program shall be
responsible for the continuation of services to the judicial
system, including the implementation of the Comprehensive
Community Corrections Act for Local-Responsible Offenders
and the Pretrial Services Act, and the continued administration
of the Virginia Alcohol Safety Action Program;
This Council agrees to the establishment of the Court-
Community Corrections Regional Community Criminal Justice
Board (the Board) hereby appointed pursuant to §53.1-183 of
the Code of Virginia;
120
w
The representatives of the Regional Board will be agreed to
and appointed jointly by each participating locality as follows:
Cw
gm
Om
One representative designated by the judges of the
Twenty-third and Twenty-fifth Judicial Circuits;
One representative designated by the judges of the
Twenty-third and Twenty-fifth Judicial General District
Courts;
One representative designated by the judges of the
Twenty-third and Twenty-fifth Judicial Juvenile and
Domestic Relations Courts;
One Commonwealth's Attorney designated by mutual
agreement of the Commonwealth's Attorneys serving
the jurisdiction of the Regional Board;
One Chief Magistrate designated by mutual agreement
of those serving within the jurisdiction of the Regional
Board;
One Chief of Police designated by mutual agreement of
those serving within the jurisdiction of the Regional
Board;
The Sheriff of the County of Alleghany;
The Sheriff of the County of Botetourt;
The Sheriff of the County of Roanoke;
The Sheriff of the City of Roanoke;
The Jail Superintendent of the Rockbridge Regional Jail;
The Public Defender of the City of Roanoke;
One defense attorney practicing criminal law and
recommended by the
Roanoke City Bar Association;
One member of local education from the Twenty-third
Judicial Circuit and District;
One member of local education from the Twenty-fifth
Judicial Circuit and District;
One member of a Community Service Board serving the
Twenty-third Judicial Circuit and District;
One member selected by agreement of the Community
Services Boards serving the Twenty-fifth Judicial Circuit
and District;
One member representing the Department of Social
Services serving the Twenty-third Judicial Circuit and
District;
One General District Court Clerk designated by mutual
agreement of the clerks serving the Twenty-third and
Twenty-fifth Judicial Districts; and
121
t.
One representative designated by the fiscal agent of the
Regional Board.
5. The Court-Community Corrections Regional Board shall have
those powers and duties prescribed by the Comprehensive Community Corrections
Act for Local-Responsible Offenders, the Pretrial Services Act, and the Commission
on VASAP.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of November, 1995.
No. 32762-112795.
A RESOLUTION authorizing the City Manager to enter into two contracts
with the Salvation Army for payment of services delivered by the organization's
Abused Women's Program and Homeless Program to citizens of the City of
Roanoke.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or Assistant City Manager and the City Clerk
are authorized to execute and attest, respectively, the requisite contracts, in form
approved by the City Attorney, with the Salvation Army for payment of services
delivered by said organization's Abused Women's Program and Homeless Program
to citizens of the City of Roanoke, such services being more particularly set forth in
the report of the City Manager dated November 27, 1995.
122
2. The maximum compensation to the Salvation Army under the
contracts authorized by this resolution shall be $26,000.00 divided as follows: (a)
$14,700.00 for the above Abused Women's Program, and (b) $11,300.00 for the
Homeless Program.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of November, 1995.
No. 32763-112795.
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. 32131-080894, adopted August 8, 1994, for certain
expenditures in connection with renovations and construction improvements to the
Virginia Museum of Transportation ("Project"), in the City of Roanoke; and providing
for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U. S. Treasury Regulations, Section 1.150-2,
the City hereby declares that it reasonably expects and intends to reimburse
$813,000.00, appropriated by Ordinance No. 32730-111395, adopted by the City
Council on November 14, 1995, for the renovations and construction improvements
to the Virginia Museum of Transportation ("Project") in the City of Roanoke, from the
proceeds of its general obligation public improvement bonds authorized to be
issued pursuant to Ordinance No. 32131-080894, adopted by the City Council on
August 8, 1994, in the principal amount of $23,000,000 for the purpose of providing
funds to defray the cost of needed permanent public improvements of and to school
buildings, public buildings, public bridges, streets and sidewalks, storm drains,
parks, economic development and acquisition of real property for the foregoing.
Ordinance No. 32132-080894, also adopted by City Council on August 8, 1994,
provided for the holding of an election to determine whether the qualified voters of
123
the City of Roanoke would approve Ordinance No. 32131-080894, and, at an election
held on November 8, 1994, the qualified voters of the City approved Ordinance No.
32131-080894. The maximum principal amount of debt expected to be required for
the Project is $813,000.00.
2. This is a declaration of official intent adopted pursuant to U. S.
Treasury Regulations, Section 1.150-2. This official intent is being declared not later
than sixty days after the payment of the expenditures authorized by Paragraph 1 of
this Resolution.~
3. The City Clerk is directed to file this Resolution among the
permanent papers of the City and hold it available for public inspection pursuant to
the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as
amended.
adoption.
This Resolution shall be effective on and after the date of its
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 27th day of November, 1995.
No. 32764-112795.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General and Capital Projects Fund
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
124
General Fund
ADDroDriations
Nondepartmental
Transfers to Other Funds (1) .....................
$ 51,244,236.00
50,266,875.00
Fund Balance
Reserved CMERP - City (2) ....................... $ 4,063,229.00
CaDital Pro_iects Fund
ADDroDriations
Parks, Recreation and Cultural $ 472,995.00
Washington and Fallon Parks -ADA Compliance (3)... 58,576.00
1) Transfer to
Capital
Projects Fund
2) Reserved
CMERP - City
3) Appropriated
from General
Revenue
(001-004-9310-9508)
(001-3323)
(008-052-9703-9003)
$ 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:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 27th day of November, 1995.
No. 32765-112795.
AN ORDINANCE accepting the bid of Williams Painting and Remodeling,
Inc., of Roanoke to complete the work at the Washington and Fallon Park Swimming
Pools for A.D.A. Compliance in accordance with the contract documents as prepared
by the Office of City Engineer, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Williams Painting and Remodeling, Inc., of Roanoke
to complete the work at the Washington and Fallon Park Swimming Pools for A.D.A.
Compliance, in the total amount of $79,255.00, and 120 consecutive calendar days,
as is more particularly set forth in the November 27, 1995 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: .~
Ma~O~F. Parker
David-A. Bowers
City Clerk ................ Mayor
126
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 11th day of December, 1995.
No. 32766-121195.
A RESOLUTION honoring W. Robert Herbert, City Manager, on the tenth
anniversary of his service as City Manager.
WHEREAS, W. Robert Herbert, City Manager, observed the tenth
anniversary of his service as this City's Manager on November 20, 1995;
WHEREAS, Mr. Herbert's ten years of service as City Manager have
been marked by unparalleled progress for this community and its people;
WHEREAS, Mr. Herbert directed the City's response to and recovery
from the terrible flood of 1985, and since that time has led the City's efforts to deal
with storm water management in a proactive manner through construction of
projects such as the $18 million Williamson Road Project as well as the Peters Creek
Project consisting of clearing and channelizafion along with the detention basins;
WHEREAS, Mr. Herbert has also provided the leadership instrumental
to construction of infrastructure to meet the needs of the Roanoke Valley for years
to come, including a new Terminal at the Roanoke Regional Airport completed in
1989, a new Regional Landfill, which will meet the needs of the Roanoke Valley for
sixty years, and related Transfer Station completed in 1994, $31 million in water
system improvements that will meet the City's water needs for forty years completed
in 1995, and commencement of $40 million in improvements to the Sewage
Treatment Plant and sewer interceptors;
WHEREAS, Mr. Herbert has been a pioneer in encouraging citizen
involvement in City government's decision making process, and the Roanoke
Neighborhood Partnership is a national model of a successful citizen involvement
program consisting of twenty-five neighborhood groups and three business
partners;
WHEREAS, Mr. Herbert played an instrumental role in the Hotel
Roanoke and Conference Center Project which brought together a partnership of the
City of Roanoke, Virginia Tech, Renew Roanoke, a private foundation, and
Doubletree Hotels for renovation of the Hotel Roanoke and construction of a new,
state of the art, adjoining, publicly-owned Conference Center; and
127
WHEREAS, City Council takes great pride in the progress made by the
City of Roanoke during Mr. Herbert's tenure as City Manager and desires to take
special note of the tenth anniversary of his service;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council extends its congratulations and commendations to
W. Robert Herbert, City Manager, on the tenth anniversary of his service as City
Manager.
2. The City Clerk is directed to forward an attested copy of this
resolution to Mr. Herbert.
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 11th day of December, 1995.
No. 32767-121195.
A RESOLUTION commending and congratulating the Patrick Henry High
School Girls' Varsity Volleyball Team for an outstanding season, culminating in the
team's State AAA runner-up status.
WHEREAS, Patrick Henry High School Girls' Varsity Volleyball Team
had an outstanding season in which the team was Roanoke Valley District Regular
Season Champion, Roanoke Valley District Tournament Champion, and Northwest
Region Group AAA Champion.
WHEREAS, the Team completed the season with a 20 - 3 record, and the
team was also the recipient of the VHSL USAir Sportsmanship Award.
WHEREAS, on November 17 and 18, 1995, the team attained runner-up
status in the Virginia High School League AAA State Volleyball Championship in
Virginia Beach.
128
WHEREAS, the team was the first Roanoke City Girls team to play in the
finals of a State Championship.
WHEREAS, Coaches Marty Swan, Curtis Fuller, Ruth Wilkinson, and
Dean Barao, and the Patrick Henry High School Girls' Varsity Volleyball Team
through their exceptional performance and sportsmanship have brought great honor
to the City of Roanoke;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this resolution as a means of congratulating
and commending the Patrick Henry High School Girls' Varsity Volleyball Team on
their outstanding season.
2. The City Clerk is directed to forward an attested copy of this
resolution to E. Wayne Harris, Superintendent of Roanoke City Public Schools and
to Elizabeth D. Lee, Principal, Patrick Henry High School.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 11th day of December, 1995.
No. 32768-121195.
AN ORDINANCE amending Article III, Public Vehicles (_Taxicabs and For-
Hire Automobiles), of Chapter 34, Vehicles For Hire, of the Code of the City of
Roanoke (1979), as amended, by amending and reordaining §34-58, Definitions;
§34-59, Authority_ for and our_nose of article; §34-62, Violations of article _=enerally;
§34-64, Licensin_= _orocedure; §34-65, Liability insurance or bond; §34-66,
InsDecfion: re_~air of unsafe vehicles and inaccurate taximeters; §34-67, Ade~_uate
and efficient service ree_uired; §34-70, Vehicle stands: limitation on soli¢itin_cl
_r)atrona_ee; §34-91, Ree_uired; §34-92, Filin_= and contents ofa=_~licafion; §34-94,
Invesfi_eafion of and heaHn_= on a_oDlicafion: determinations and re_oort of city
mana~_gr; §34-97, Transfer: substitution of vehi¢le$; and §34-98, Revocation; by
129
redesignating Division 2. Certificate of Public Convenience and Necessity; by
adding new §34-73.1, MonitoHn_a of radio dispatches; §34-78, Posting] of information
inside public vehicles: §34-93.t Distinctive vehicle color schem~ and marking~
required: and §34-99, Appeals: by repealing §34-68, Construction of body of
taxicabs; §34-69, Maintenance of vehicles; §34-73, Violations of sections 34-67
through 34-72 or 34-60; §34-93, Notice of application and hearing thergon; §34-95,
Council action on application; and §34-96, Issuance; such changes to require that
a permit to operate public vehicles be obtained from the City Manager and setting
forth the requirements for such permit and for revocation thereof; increasing the
liability insurance required for operators of public vehicles; requiring public
vehicles to have current state inspection stickers; requiring that operators of public
vehicles be inside or in the immediate vicinity of their vehicles while occupying
stands for public vehicles; prohibiting monitoring of radio dispatches for public
vehicles; requiring posting of certain information inside public vehicles; requiring
that each public vehicle be distinctively marked; providing a penalty for violations
of such Article; and providing for an emergency.
follows:
BE IT ORDAINED by the Council of the City of Roanoke as
1. Section 34-58, Definitions: Section 34-59, Authority_ for end
_=urpose of article; Section 34-62, Violations of article generally; Section 34-64,
Licensing procedure: Section 34-65, Liability insurance or bond; Section 34-66,
Inspection: repair of unsafe vehicles and inaccurate taximeters; Section 34-67,
Adequate and efficient service required; Section 34-70, Vehicle stands: limitation of
soliciting patronage; Section 34-91, Required; Section 34-92, Filing and contents of
application; Section 34-94, Investigation of and hearinq on application:
determinations and report of City_ Manager; Section 34-97, Transfer: substitution of
vehicles; and Section 34-98, Revocation, Code of the City of Roanoke (1979), as
amended, are hereby amended and reordained as follows:
§34-58. Definitions.
Owner: The term "owner" shall mean and include any
person who is the registered owner of a public vehicle or
who is the purchaser of a public vehicle under a reserved
title contract.
130
Permit: The term "permit" shall mean the permit granted
by the City Manager to an owner of one or more public
vehicles to authorize such owner to engage in the
business of providing public vehicle service in the City.
§34-59. Authority_ for and Dur_oose of article.
This article is adopted under the general police powers
granted to the City by its charter and general law. It is not
intended hereby to grant or offer any franchise, but it is
intended to regulate the operation of public vehicles in the
City.
§34-62. Violations of article _=enerally.
Any violation of any of the provisions of this article shall
constitute a Class 3 Misdemeanor.
§34-64. Licensin_=
Upon presentation of a permit issued pursuant to this
article, within thirty (30) days of its issuance, and
satisfactory evidence that all license fees have been paid
to the City Trsssurer and that the insurance policy or bond
required by section 34-65 has been duly filed, the
Commissioner of Revenue shall issue'to the applicant a
license for each and every vehicle specified in such
permit; provided, however, that any such permit shall be
effective until cancelled, and no additional permit shall be
required for the purpose of obtaining licenses, so long as
the original permit remains in effect.
§34-65. Liability_ insurance or bond.
(a) No public vehicle shall be operated or license issued
therefor unless the owner has filed with the City Manager
a liability insurance policy issued by an insurance
company authorized to do business in the state, providing
for motor vehicle liability insurance with a combined
single limit which shall equal or exceed the greater of: (i)
$125,000.00 or (ii) the amount of insurance required by the
State Corporation Commission for operation of a taxicab
as provided in Article 7 of Title 56 of the Code of Virginia,
(1950), as amended.
131
§34-66. Ins_Dection.
No public vehicle shall be operated in the City unless it
shall bear a current and valid vehicle inspection sticker
issued by the Commonwealth.
§34-67. Ade=_uate and efficient service rQ~_uired.
Adequate and efficient public service shall at all times be
rendered by the operators of public vehicles in the City.
§34-70. Vehicle stands,
The City Manger may cause to be designated stands for
public vehicles at such places within the City as, in his
judgment, will best serve the convenience and necessity
of the public. The operator of any public vehicle which is
occupying a stand shall be inside or in the immediate
vicinity of the public vehicle.
§34-91. Re=_uired.
No license for the operation of a public vehicle shall be
issued under Chapter 19 of this Code, nor shall any public
vehicle be operated on the streets of the City, unless and
until the City Manager has issued the requisite permit to
the owner thereof.
§34-92. Filinp and contents of a_~_olication.
Application for a permit required by this division shall be
filed with the City Manager and shall set forth:
The name and address of the applicant.
The trade name under which the applicant does or
proposes to do business.
Where the vehicles will be kept when not in use.
The number of vehicles the applicant desires to operate.
Whether the applicant has been convicted of a violation of
any federal, state or municipal law.
132
An agreement or stipulation that the applicant will operate
and continue to operate during the period of time the
permit shall remain in effect in accordance with applicable
laws and regulations, as the same may, from time to time,
be amended.
7. Any other information required by the City Manager.
§34-94. Investi_=ation of and hearinp on a_o~olication;
determination of City_ Manaper: issuance,
The City Manager shall make or cause to be made an
investigation, including any healing deemed desirable, as
to each application for permit, and shall determine
whether or not the applicant is a person of suitable
character and qualifications to conduct such business. In
determining this latter question, the City Manager may
investigate the fitness of the officers and stockholders of
any corporation making such application. If the City
Manager determines that the applicant has met all
applicable requirements of this Article and that the
applicant is fit to provide such public vehicle service, the
City Manager shall issue a single permit indicating the
maximum number of vehicles which may be placed into
operation by the owner.
§34-97. Transfer: substitution of vehi¢IQ$.
No permit issued under this division shall be transferable
to another owner, unless the City Manager shall
determine, after such investigation as he deems
appropriate, that the character and qualifications of the
applicant transferee meet the requirements of this
division.
§34-98. Revocation.
(a)
A permit issued under the provisions of this article
may be revoked or suspended for a specified period
of time by the City Manager if the holder thereof has
violated any of the provisions of this article or any
133
ordinance of the City or any federal or state law, the
violation of which reflects unfavorably on the
fitness of the holder of the permit to offer public
vehicle service.
(b)
Prior to suspension or revocation, the holder shall
be given reasonable notice of the proposed action
to be taken and shall have an opportunity to present
to the City Manager evidence as to why the permit
should not be revoked or suspended.
2. The Code of the City of Roanoke (1979), as amended, is hereby
amended by redesignating Division 2. Certificate of Public Convenience and
Necessit;y as:
DIVISION 2. PERMIT
3. The Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained by the addition of the following new Section 34-73.1,
Monitorinp of radio dispatches; Section 34-78, Postinp of information inside public
vehicles: Section 34-93.1, Distinctive vehicle color scheme and markinps re=_uired;
and Section 34-99, Appeals:
§34-73.1. Monitorin_= of radio dispatches.
It shall be unlawful to have any radio frequency scanning
or similar electronic devices in a taxicab. It shall also be
unlawful to monitor radio communications between a
dispatcher and a taxicab or between two or more taxicabs
for the purpose of responding to a call for taxicab service
without the permission of the participants to the
communication or of the company by whom they are
employed.
§34-78. Postinp of information inside public vehicles.
Each public vehicle shall have posted, on the inside of the
vehicle in a location and of such size as to be
conspicuous to the passengers, the business office
location and telephone number of the owner of the
vehicle.
134
§34-93.t Distinctive vehicle color scheme and markin_,s required.
(a) Subject to the approval of the City Manager, each
owner shall adopt a color scheme or identifying markings
for painting or identifying its taxicabs and shall file such
identification, identifying design, monogram or other
insignia thereof with the City Manager. The color scheme
or identifying marking shall be distinct from that of any
other owner's taxicabs. All taxicabs put into operation
shall bear the color scheme or identification design,
monogram or other insignias selected.
(b) The name of the owner or the registered trade name
shall be painted with permanent paint or appear on
permanently affixed decals on both sides and rear of each
taxicab, with letters 3" high or greater. The color to be
used for lettering shall be in sharp contrast to the color or
surface paint to which it is applied, so as to be easily
visible at a reasonable distance, including at night with
street lighting.
§34-99. A_oDeals.
Any applicant who is denied a permit or any owner whose permit
has been revoked may appeal such decision by filing a written
Notice of Appeal with the City Manager within fifteen (15)
calendar days of such decision.
(a)
Any such notice of appeal shall state the grounds
for the appeal.
(b)
Upon receipt of an appeal, the City Manager shall
designate a person who did not participate in
making the determination under review to hear the
appeal.
(c)
The appeal shall be heard as soon as possible after
receipt of the appeal, but in no event more than ten
(10) business days after the filing of the appeal,
unless the appeal officer and the aggrieved party
agree to an extension of the deadline.
135
(d)
The appeal officer shall have authority to affirm,
modify or reverse the City Manager's decision. The
appeal 'officer shall announce his decision within
five (5) business days after the hearing is
completed.
4. Section 34-68, Construction of body of taxicabs; Section 34-69,
Maintenance of vehi¢l~; Section 34-73, Violations of sections 34-67 throuah :~4-72
or 34-80; Section 34-93, Notice of ar)Dlication and hearina thereon; Section 34-95,
Council action on a_~vlication; and Section 34-96, Issuance, Code of the City of
Roanoke (t979), as amended, are hereby repealed.
5. In order to provide for the usual operation of the municipal
government, an emergency is deemed to exist and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 11th day of December, 1995.
No. 32769-121195.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
136
ADDroDriations
Health and Welfare
Emergency Shelter Grant FY94 (1-4) ...............
$ 1,782,398.00
61,000.00
1) TRUST
2) TAP Homeless
Intervention
3) Blue Ridge
Community
Services
4) RAM House
(035-054-5170-5251)
(035-054-5170-5254)
(035-054-5170-5255)
(035-054-5170-5252)
$ (215.00)
(3,350.00)
(1,902.00)
5,467.00
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 11th day of December, 1995.
No. 32770-121195.
A RESOLUTION authorizing the City Manager to execute Amendment
No. 1 to the Agreement with Roanoke Area Ministries to increase their budget for its
day shelter and homeless prevention activities, 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 Agreement with Roanoke Area Ministries, in
form similar to Amendment No. I which is attached to the City Manager's report
dated December 11, 1995, to this Council, which amendment provides for an
increase in the budget for its day shelter and homeless prevention activities.
137
Attorney.
The form of the amendment 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 11th day of December, 1995.
No. 32771-121195.
A RESOLUTION expressing the intent of the City of Roanoke to join
with the County of Roanoke and/or the City of Salem to form a multi-member
Regional Transportation District Commission or in the alternative to create a single
member Transportation District Commission in order to preserve and expand the
mass transit system within the district and urging the General Assembly to authorize
a sales tax of 2% of the retail price of motor vehicle fuels sold within such
Transportation District.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke intends to create a multi-member Regional
Transportation District consisting of the jurisdictions of the City of Roanoke, the
County of Roanoke (including the Town of Vinton), and/or the City of Salem.
2. If the County of Roanoke and the City of Salem do not desire to
join at this time with the City of Roanoke in the creation of a multi-member Regional
Transportation District Commission, the City of Roanoke intends to create a single
member Transportation District Commission.
3. The General Assembly is urged to enact legislation amending the
appropriate sections of the Code of Virginia, (1950), as amended, to permit any
Transportation District Commission established as set forth above to obtain all the
benefits provided to Transportation Districts by the Code of Virginia, including the
authorization of a sales tax of 2% on the retail price of motor vehicle fuels sold
within such Transportation District, as more particularly set forth in the report to this
Council dated December 11, 1995.
138
4. The City Clerk is directed to transmit attested copies of this
resolution to the Clerk of the Board of Supervisors of the County of Roanoke and to
the Clerk of the Council of the City of Salem.
5. The City Clerk is directed to transmit attested copies of this
resolution to The Honorable John S. Edwards, Member-Elect, Senate of Virginia, The
Honorable A. Victor Thomas, Member, House of Delegates, and The Honorable
Clifton A. Woodrum, III, Member, House of Delegates.
APPROVED
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 11th day of December, t995.
No. 32772-t 21 t95.
AN ORDINANCE to amend and raordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
A_oDro_oriations
Public Safety
Police Investigation (1-2) ....................
Revenue
Grants-in-Aid Commonwealth
Other Categorical Aid (3) .....................
$ 35,876,174.00
2,811,359.00
$ 32,402,604.00
12,719,628.00
139
1) Uniforms -
HEAT Program
2) Expendable
Equipment -
HEAT
3) HEAT Program -
State Revenue
(001-050-3112-2068) $ 136.00
(001-050-3t 12-2069)
(001-020-1234-0696)
1,264.00
t ,400.00
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 11th day of December, 1995.
No. 32773-121195.
A RESOLUTION adopting and endorsing a Legislative Program for the
City to be presented to the City's delegation to the 1996 Session of the General
Assembly.
WHEREAS, the members of City Council are in a unique position to be
aware of the legislative needs of this City and its people;
WHEREAS, previous Legislative Programs of the City have been
responsible for improving the efficiency of local government and the quality of life
for citizens of this City;
WHEREAS, Council is desirous of again adopting and endorsing a
Legislative Program to be advocated by the Council and its representatives at the
General Assembly; and
WHEREAS, the Legislative Committee of City Council has by report,
dated December 11, 1995, recommended to Council a Legislative Program to be
presented at the 1996 Session of the General Assembly;
140
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The Legislative Program transmitted by report of the Legislative
Committee, dated December 11, 1995, is hereby adopted and endorsed by the
Council as the City's official Legislative Program for the 1996 Session of the General
Assembly.
2. The Clerk is directed to issue cordial invitations to the City's
Senator and Delegates to the 1996 Session of the General Assembly to attend
Council's Special Meeting relating to legislative matters, to be held at 12:30 p.m. on
December 18, 1995.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 11th day of December, 1995.
No. 32774-t2t t95.
AN ORDINANCE amending and reordaining Rule 1, Re_~ular meetine_s,
of §2-15, Rules of _=rocedura, of the Code of the City of Roanoke (1979), as amended,
to provide for a new schedule of regular meetings of City Council effective January
1, 1996; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Rule 1, Ree_ular meetin_es, of §2-15, Rules of 0rocedlJre, of the
Code of the City of Roanoke (1979), as amended, is hereby amended and reordained
as follows:
§2-15. Rules of Drocedure.
Pursuant to §8 of the Charter, providing for the
determination of its rules by the council, the following rules set out in
this section are adopted.
141
Rule 1.
Regular Meetings.
(a) The council shall hold regular meetings on the first
and third Mondays of each month. When any regularly scheduled
Monday meeting shall fall on a holiday of the city, such meeting shall
be held on Tuesday next following. Unless otherwise provided by
ordinance or resolution of council, each meeting of city council shall
commence at 12:30 p.m. for the conduct of informal meetings, work
sessions or executive sessions. Thereafter, Council shall take up the
regular agenda at 2:00 p.m. Council may recess between the 12:30 p.m.
session and the 2:00 p.m. session. The second meeting of each month
shall be recessed upon the completion of all business except the
conduct of public hearings, and such meeting shall be reconvened at
7:00 p.m. on the same day for the conduct of public hearings. All
meetings of city council shall be automatically adjoumed at 11:00 p.m.,
unless a motion setting a new time for adjoumment be made, seconded
and unanimously carried.
(b) All regular meetings of council shall be held in the
Council Chambers, Room 450, of the Municipal Building in the city,
unless otherwise provided by ordinance or resolution of council.
(c) This rule shall have no application to the
organizational meeting of council required by §10 of the City Charter.
2. Rule 1, as amended by this ordinance, shall be effective as to
regular meetings of City Council held on and after January 1, 1996.
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. I~arker
City Clerk
David A. Bowers
Mayor
142
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 11th day of December, 1995.
No. 32778-121195.
A RESOLUTION supporting tax exemption of property in the City of
Roanoke owned by Habitat for Humanity in the Roanoke Valley, Inc. and used by it
exclusively for charitable or benevolent purposes on a non-profit basis.
WHEREAS, Habitat for Humanity in the Roanoke Valley, Inc., (hereinafter
"the Applicant") has petitioned this Council for support of a bill to be introduced at
the 1996 Session of the General Assembly to exempt certain property of the
Applicant from taxation pursuant to Article X, §6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to
be heard with respect to the Applicant's petition was held by Council on December
11, 1995;
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 the personal property of the Applicant and the buildings and as much
land as is reasonably necessary to the use of its buildings, providing such personal
and real property shall be used bY the Applicant exclusively for charitable or
benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Resolution
and Council's support of a bill hereinafter described in Paragraph 1 to be introduced
on behalf of the Applicant at the 1996 Session of the General Assembly, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which
would be applicable to real property of 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:
1. Council supports a bill to be introduced at the 1996 Session of
the General Assembly whereby Habitat for Humanity in the Roanoke Valley, Inc., a
non-profit organization, seeks to be classified and designated a charitable or
143
benevolent 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 to be
introduced at the 1996 Session of the General Assembly, the Applicant agrees to pay
to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy,
which would be applicable to 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 owns real property currently assessed at $177,500.00,
representing a real property tax liability of $2,183.24 for the t995-96 tax year, and
Council recommends to the General Assembly that the specific classification shall
be benevolent or charitable.
4. The City Clerk is directed to forward an attested copy of this
Resolution to the Commissioner of Revenue and the City Treasurer for purpose of
assessment and collection, respectively, of the service charge established by this
Resolution, to David A. Cooper, President for the Applicant.
5. This Resolution shall be in full force and effect at such time as
a copy, duly signed by an authorized officer of the Applicant, has been filed with the
City Clerk.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
144
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 11th day of December, 1995.
No. 32779-124495.
A RESOLUTION supporting tax exemption of property in the City of
Roanoke owned by CHsis Pregnancy Center of Roanoke Valley, Inc. and used by it
exclusively for charitable or benevolent purposes on a non-profit basis.
WHEREAS, Crisis Pregnancy Center of Roanoke Valley, Inc.,
(hereinafter "the Applicant") has petitioned this Council for support of a bill to be
introduced at the 1996 Session of the General Assembly to exempt certain property
of the Applicant from taxation pursuant to Article X, §6(a)(6) of the Constitution of
Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to
be heard with respect to the Applicant's petition was held by Council on December
11, 1995;
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 the personal property of the Applicant and the buildings and as much
land as is reasonably necessary to the use of its buildings, providing such personal
and real property shall be used by the Applicant exclusively for charitable or
benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Resolution
and Council's support of a bill hereinafter described in Paragraph 1 to be introduced
on behalf of the Applicant at the 1996 Session of the General Assembly, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which
would be applicable to real property of 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:
1. Council supports a bill to be introduced at the 1996 Session of
the General Assembly whereby Crisis Pregnancy Center of Roanoke Valley, Inc., a
non-profit organization, seeks to be classified and designated a charitable or
145
benevolent 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 to be
introduced at the 1996 Session of the General Assembly, the Applicant agrees to pay
to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy,
which would be applicable to 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 owns real property currently assessed at $245,800.00,
representing a real property tax liability of $3,144.32 for the 1995-96 tax year.
Council recommends to the General Assembly that the specific classification shall
be benevolent or charitable.
4. The City Clerk is directed to forward an attested copy of this
Resolution to the Commissioner of Revenue and the City Treasurer for purpose of
assessment and collection, respectively, of the service charge established by this
Resolution, to Ruth Fielder, President and Executive Director of the Applicant.
5. This Resolution shall be in full force and effect at such time as
a copy, duly signed by an authorized officer of the Applicant, has been filed with the
City Clerk.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
146
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 11th day of December, 1995.
No. 32780-121195.
A RESOLUTION requesting the 1996 Session of the General Assembly
of Virginia to enact a certain amendment to the Roanoke Charter of t952, as
amended.
WHEREAS, at a regular meeting of the City Council held on
December 11, 1995, at 7:00 p.m., in the Council Chamber, 215 Church Avenue, S. W.,
Roanoke, Virginia, after due and proper publication of the notice of public hearing
pursuant to §15.1-835, Code of Virginia (1950), as amended, which notice contained
inter alia, an informative summary of the proposed amendment to the Roanoke
Charter of 1952 hereinafter referred to, a public hearing with respect to such
proposed amendment was held before the City Council at which all citizens so
desiring were afforded opportunity to be heard to determine if the citizens of the City
desire that the City request the General Assembly to amend its existing Charter in
the form and manner hereinafter referred to and as provided in the aforesaid notice;
and
WHEREAS, upon conclusion of such public hearing and upon
consideration of the proposed amendments to such Charter, the Council is of
opinion that the 1996 Session of the General Assembly should be requested to
amend this City's Charter as hereinafter set forth.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The General Assembly of Virginia is hereby requested at its 1995
Session to amend subsection (18) of §2, Powers of the city_, of the Roanoke Charter
of 1952, as presently amended, by adding the words hereinafter shown as
underscored:
§2. Powers of the city_.
In addition to the powers mentioned in the preceding section,~
the said city shall have power:
147
(18) To direct the location of all buildings for storing
gunpowder or other explosive or combustible substances, to regulate
or prohibit the sale and use of dynamite, gunpowder, firecrackers,
kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all
explosive or combustible materials, the exhibition of fireworks, the
discharge of firsarms, the possession by any person of a han~l;llJn in
any public park of the City_ provided that the exemptions set out in
§18.2-308 of the Code of Vir_ainia shall apply, mutatis mutandi$, the use
of candles and lights in barns, stables and other buildings, the making
of bonfires and the carrying of concealed weapons, and to regulate the
movement over its streets of dangerous, explosive, or highly
combustible materials.
2. The City Clerk is directed to forthwith, as provided by §15.1-834,
Code of Virginia (1950), as amended, transmit to each of the members of the General
Assembly of Virginia representing the City of Roanoke at the 1996 Session of the
said General Assembly two copies of this resolution setting forth the requested
amendment to the Roanoke Charter of 1952, as presently amended, to be put into the
form of a bill to be introduced at the 1996 Session of the General Assembly.
APPROVED
ATTEST: ~)~
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32775-121895.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 330, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City.
148
WHEREAS, Frontier Associate, Ltd., has made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned
from C-1, Office District, to RM-2, Residential Multi-family District, subject to certain
conditions proffered by the applicant; 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 December 11, 1995, 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. 330 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 Plantation Road, N. E., and
designated on Sheet No. 330 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax Nos. 3300104, 3300108 through 3300111, be, and is hereby rezoned from
C-1, Office District, to RM-2, Residential Multi-family District, as requested in the
Petition filed in the Office of the City Clerk on October 11, 1995, and that Sheet No.
330 of the Zone Map be changed in this respect.
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
149
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32776-121895.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 604, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
WHEREAS, Kenneth L. and Michelle R. Taylor, have made application
to the Council of the City of Roanoke to have the hereinafter described property
rezoned from C-2, General Commercial District, to RS-2, Residential Single Family
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 December 11, 1995, 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. 604 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
A 0.555-acre, more or less, tract of land located at 4541 Shenandoah
Avenue, N. W., and designated on Sheet No. 604 of the Sectional 1976 Zone Map City
of Roanoke as Official Tax No. 6040315, be, and is hereby rezoned from C-2, General
150
Commercial District, to RS-2, Residential Single Family District, subject to the
proffers contained in the First Amended Petition, filed in the Office of the City Clerk
on November 1, 1995 and that Sheet No. 604 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 18th day of December, 1995.
No. 32777-t 21895.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (t979),
as amended, and Sheet Nos. 129 and 550, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant.
WHEREAS, Friendship Manor Retirement Community Inc., has made
application to the Council of the City of Roanoke to have the hereinafter described
property rezoned from RM-2, Residential Multi-family District, RS-3, Residential
Single-family District, and C-2, General Commercial District, to RPUD, Residential
Planned Unit Development District, and 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 December 1t, 1995, 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
151
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. 129
and 550 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the
following particular and no other:
Six (6) tracts of land containing 60.53 acres, more or less, lying between
1-581 and Franklin Road immediately west of the Roberts Road neighborhood, and
designated on Sheet Nos. 129 and 550 of the Sectional 1976 Zone Map, City of
Roanoke, as Official Tax Nos. 1290105, 1290131 and 5500111 are hereby rezoned
from RM-2, Residential Multi-family District, to RPUD, Residential Planned Unit
Development District; Official Tax No. 5500112 is hereby rezoned from RM-2,
Residential Multi-family District and C-2, General Commercial District, to RPUD,
Residential Planned Unit Development District; Official Tax No. 1290107 is hereby
rezoned from RM-2, Residential Multi-family District, to RPUD, Residential Planned
Unit Development District, and C-2, General Commercial District; and a portion of
Official Tax No. 1290108 is hereby rezoned from RS-3, Residential Single-family
District, to RPUD, Residential Planned Unit Development District, and C-2, General
Commercial District, subject to the proffers, and the boundaries contained in the
Amended Petition filed in the Office of the City Clerk on November 22, 1995, and that
Sheet Nos. 129 and 550 of the Zone Map be changed in this respect.
ATTEST:
ary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32781-121895.
A RESOLUTION recognizing and commending the Honorable John
S. Edwards, Vice-Mayor of the City of Roanoke.
152
WHEREAS, the Honorable John S. Edwards, Vice-Mayor of the City of
Roanoke, was on November 7, 1995, elected to the Senate of Virginia and will be
terminating his service on City Council in the near future;
WHEREAS, Vice-Mayor Edwards has served on City Council since
November 1, 1993, being initially unanimously appointed to City Council to fill a
vacancy created by a resignation;
WHEREAS, on May 3, 1994, Vice-Mayor Edwards was elected to a full
four year term on City Council, and, at this election, he received the highest number
of votes cast for any candidate and was thereby elected Vice-Mayor;
WHEREAS, Vice-Mayor Edwards has given unselfishly of his time and
abilities, serving as Co-Chair of Council's Legislative Committee, Vice-President of
the Greater Roanoke Transit Company Board of Directors, and as a member of
Council's Audit Committee and the Economic Development Commission and the
Fifth Planning District Commission;
WHEREAS, Vice-Mayor Edwards has been very active in civic affairs in
the Roanoke Valley and some of the offices he holds or has held include Chairman
of the Board of Trustees of Virginia Lutheran Homes, Inc., Board of Directors of the
Roanoke branch of the National Conference of Christians and Jews, Board of
Directors of the Virginia Museum of Transportation, former member of the Board of
Directors of the Roanoke Valley Convention and Visitors Bureau, former member of
the Executive Committee of the Board of Trustees of the United Way of Roanoke
Valley, and former member of the Board of Directors of Mill Mountain Zoo, Inc.; and
WHEREAS, in his public service, Vice-Mayor Edwards has
demonstrated a keen interest in education, human services and economic
development issues and has always displayed personal characteristics of honesty,
integrity, persuasiveness, fairness and friendliness;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the Council adopts this means of recognizing and commending the very
meritorious services rendered to the City of Roanoke and its people by the
Honorable John S. Edwards, Vice Mayor.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 1995.
No. 32783-121895.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 School and General Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
SchoolFund
AD_oroDriations
Education
Project Success Program (1) .....................
Instruction (2-3) ................................
Facilities (4-10) .................................
Other Uses of Funds (11) .........................
$102,290,710.00
20,500.00
58,109,438.00
2,588,718.00
2,533,092.00
Revenue
Education
Project Success Program (12) .....................
Grants-In-Aid Commonwealth (13) ..................
Non-Operating (14) ...............................
$ 99,119,681.00
20,500.00
35,978,211.00
37,707,465.00
Fund Balance
Capital Maintenance and Equipment Replacement
Program - School Unappropriated (15) ..............
$ 0.00
General Fund
ADDroDriation$
Nondepartmental $ 51,889,422.00
Transfers to Other Funds (16) ....................... 50,810,571.00
154
Capital Maintenance and Equipment Replacement
Program - School Unappropriated (17) ............... $ 632,574.00
1) Tuition
2) Elementary
Regional
Tuition
3) Secondary
Regional
Tuition
4) Elementary
Playground
Equipment
5) Instructional
and Adminis-
trative
Technology
6) Transpor-
tation
Scheduling
Equipment
7) Facility
Maintenance
Equipment
8) Improvements
to Patrick
Henry High
School
9) Lincoln
Terrace
Electric
Service
Upgrade
10) Elementary
Magnet School
Alterations
11) Interest
12) Contributions
13) Special
Education
State
Revenue
(030-060-6931-6t 00-0312)
(030-060-6001-6029-0701)
(030-060-6001-6129-0701)
(030-060-6006-6000-0821)
(030-060-6006-6302-0826)
(030-060-6006-6676-0821)
(030-060-6006-668t -082t )
(030-060-6006-6681-0851 )
(030-060-6006-6681-0851 )
(030-060-6006-6681-0851 )
(030-060-6007-6998-0902)
(030-060-6931-1103)
(030-060-6000-0633)
$ 15,500.00
125,000.00
125,000.00
13,502.00
211,429.00
2,360.00
,910.00
3,732.00
23,144.00
2,000.00
(125,000.00)
15,500.00
125,000.00
155
14) Transfer
from General
Fund (030-060-6000-1037) $ 268,076.00
15) CMERP -
School (030-3324) ( 1.00)
16) Transfer to
School Fund (001-004-9310-9530) 268,076.00
17) CMERP -
School (001-3324) 268,076.00
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32784-121895.
A RESOLUTION concurring in a request of the Roanoke Regional
Airport Commission to change the date that the Commission is required to submit
its annual budget for approval by the participating political subdivisions, and
authorizing the proper officials to take appropriate actions to implement such
change.
WHEREAS, pursuant to (i) Section 24.B of the Roanoke Regional Airport
Commission Act, Chapter 140, 1986 Acts of Assembly ("Act"); (ii) Section 17 of the
January 28, 1987, contract between the City of Roanoke, the County of Roanoke and
the Roanoke Regional Airport Commission ("Contract"); and (iii) Section 611.(b) of
the Master Indenture of Trust between the Roanoke Regional Airport Commission
and Signet Trust Company Securing Airport Revenue Bonds, dated October 1, 1988
("Master Indenture"); the Roanoke Regional Airport Commission ("Commission") is
required annually, prior to February 15, to prepare and submit to the participating
political subdivisions (currently, the City of Roanoke and the County of Roanoke) (i)
156
its proposed operating budget showing its estimated revenues and expenses on an
accrual basis for the forthcoming fiscal year, and if such estimated expenses exceed
such estimated revenues, the portion of the deficit proposed to be borne by each
participating political subdivision; and, (ii) a proposed capital budget showing its
estimated expenditures for such fiscal year for assets costing more than $100,000.00
and the source of funds for such expenditures, including any amount requested
from the participating political subdivisions;
WHEREAS, the Commission has requested that the City of Roanoke and
the County of Roanoke as the political subdivisions participating in the formation
of the Commission, concur in amending the Act, Contract, and Master Indenture to
provide for annual submittal of the Commission's proposed operating and capital
budgets prior to March 16 instead of February t5 of each year; and
WHEREAS, implementing such amendments to provide for submittal
of the Commission's annual operating and capital budgets prior to March 16 instead
of February 15 each year will in no way prejudice or harm the participating political
subdivisions and will in fact benefit all parties by enabling the Commission to
provide more current, useful, and accurate financial and budget information, and to
better forecast revenue and expense trends and outlooks;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The Council hereby concurs in the amendment of the Act,
Contract, and Master Indenture to provide for submittal of the Commission's annual
operating and capital budgets prior to March 16 instead of February 15 each year,
and, subject to and upon approval of the Trustee under the Master Indenture and
finalization of any other required approvals or authorizations, the City Manager and
the City Clerk are authorized to execute and attest, respectively, on behalf of the
City, in form approved by the City Attorney, any and all documentation necessary
to implement such change and provide for the appropriate amendment of the Act,
Contract and Master Indenture as described herein.
2. The Clerk is directed to forward an attested copy of this
Resolution to the Secretary of the Roanoke Regional Airport Commission.
ATTEST:
Mary F. P~rker
City Clerk
APPROVED
Mayor
157
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 1995.
No. 32785-121895.
A RESOLUTION authorizing the execution of a contract and related
documents with Cigna Group Insurance Company to provide long term disability
insurance for employees of the City.
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 and any other necessary and appropriate documents with
Cigna Group Insurance Company, for long term disability insurance for employees
of the City for a term of two years beginning February 1, 1996 and ending
January 30, 1998. The contract shall contain such terms as are consistent with the
terms negotiated by and between the City and Cigna Group Insurance Company
described in the City Manager's report to Council dated December t8, 1995.
2. Such contract and any other necessary and
documents shall be in form approved by the City Attorney.
appropriate
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 1995.
No. 32787-121895.
A RESOLUTION accepting the bid of Kovatch Mobile Equipment
Corporation for the purchase of one new fire pumping engine, upon certain terms
and conditions; and rejecting all other bids made for such item.
158
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The bid submitted by Kovatch Mobile Equipment Corporation for
the purchase of one new fire pumping engine at a cost of $260,509.00, is hereby
ACCEPTED.
2. The City's Manager of Supply Management is hereby authorized
and directed to issue any required purchase orders for the purchase of such fire
engine, and the City Manager or the Assistant City Manager is authorized to execute,
for and on behalf of the City, any required purchase agreements with respect to the
aforesaid fire engine, 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 David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 1995.
No. 32788-121895.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
159
Armror~riations
Health and Welfare
Health Department (1) ..........................
Nondepartmental
Contingency - General Fund (2) ..................
$18,987,738.00
1,085,332.00
$ 51,331,909.00
366,579.00
1) Subsidies
2) Contingency
(001-054-5110-3700)
(001-002-9410-2199)
$17,327.00
(17,327.00)
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 December, 1995.
No. 32789-121895.
A RESOLUTION authorizing the City Manager or his designee to enter
into a contract and any necessary addenda with the Virginia Department of Health
relating to the operation of the local Health Department, upon certain terms and
conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager or his designee, and the City Clerk are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, the requisite contract and any
necessary addenda with the Virginia Department of Health, pursuant to §32.1-31,
Code of Virginia (1950), as amended, such contract and addenda establishing the
160
financial contributions of the City and the Commonwealth to the local Health
Department and the public health services to be rendered by such Department, as
more particulaHy set forth in the December 18, 1995 report of the City Manager to
this Council, such contract and addenda to be in form approved by the City Attomey.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32790-121895.
AN ORDINANCE amending and reordaining §2-301, Human Resources
Committee, Code of the City of Roanoke (1979), as amended, to rename such
committee as the Human Services Committee and to authorize the City Manager to
promulgate administrative procedures to be followed by the Committee; to amend
the Code of the City of Roanoke (1979), by enacting new §2-301.1, Cultural Services
Committee, to provide for a new Council-appointed committee having the duties of
reviewing requests for funding made to the City by cultural agencies, advising the
Council as to the merits of funding such agencies, recommending an allocation of
funding and monitoring and evaluating the programs of such agencies and
authorizing the City Manager to promulgate administrative procedures to be followed
by the Committee; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 2-301, Human Resources Committee, Code of the City of
Roanoke (1979), as amended, is amended and reordained as follows:
§2-301. Human Services Committee.
(a) The Human Services Committee shall be
composed of seven (7) members appointed by the
Council. The Committee shall select a chair from among
its members. It shall meet on the call of its chair or any
two members.
161
(b) The purposes of the Human Services
Committee shall be to review applications or requests for
funding made to the City by private social services
agencies; to advise the Council as to the merits of
funding the programs of such agencies; to recommend an
allocation of funding to such agencies; and to monitor and
evaluate the programs of such agencies.
(c) The City Manager shall be authorized to
promulgate administrative procedures to be followed by
the Committee.
2. The Code of the City of Roanoke (1979), as amended, is amended
and reordained by the addition of the following new section:
§2-301.1. Cultural Services CommitteQ.
(a) The Cultural Services Committee shall be
composed of seven (7) members appointed by the Council
of which one shall be the City Manager's designee who
shall serve ex officio. The Committee shall select a chair
from among its members. It shall meet on the call of its
chair or any two members.
(b) The purposes of the Cultural Services
Committee shall be to review applications or requests for
funding made to the City by private cultural agencies; to
advise the Council as to the merits of funding the
programs of such agencies; to recommend an allocation
of funding to such agencies; and to monitor and evaluate
the programs of such agencies.
(c) The City Manager shall be authorized to
promulgate administrative procedures to be followed by
the Committee.
162
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
City Clerk
David A. Bowers
Mayor
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 1995.
No. 32791-121895.
AN ORDINANCE AUTHORIZING THE SALE OF TWENTY-THREE
MILLION DOLLARS ($23,000,000) PRINCIPAL AMOUNT OF CITY
OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES 1996A, AND EIGHT MILLION
THREE HUNDRED THOUSAND DOLLARS ($8,300,000)
PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA,
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,
SERIES 1996B, AS PART OF A COMBINED ISSUE OF THIRTY-
ONE MILLION THREE HUNDRED THOUSAND DOLLARS
($31,300,000) 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 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
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE,
163
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 8, 1994, and Ordinances Nos. 32131-080894 and 32t32-080894 adopted
by this Council on August 8, 1994, there were authorized to be issued, sold and
delivered general obligation bonds of the City in the principal amount of $23,000,000,
for the purposes specified in Ordinances Nos. 32132-080894 and 32131-080894.
(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 $23,000,000 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
1996A' (hereinafter referred to as the '1996A Bonds").
(b) (i) Pursuant to Chapter 5.t of Title 15.1 of the Code of Virginia,
1950, being the Public Finance Act of 1991, and Ordinance No. 32703-102395
adopted by this Council on October 23, 1995, this Council has authorized the
issuance of general obligation public improvement bonds of the City in the principal
amount of $8,300,000, for the purposes specified in Ordinance No. 32703-102395.
(ii) 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 1996A Bonds, for the issuance, sale and delivery of an issue of
general obligation public improvement bonds in the aggregate principal amount of
$8,300,000 authorized for issuance pursuant to the ordinance referred to in
subsection (b)(i) hereof to be known and designated as "City of Roanoke, Virginia,
General Obligation Public Improvement Bonds, Series 1996B" (hereinafter referred
to as the "1996B Bonds" and, collectively with the 1996A Bonds, the "Bonds").
SECTION 2. This Council hereby authorizes the sale of the Bonds,
consisting of the 1996A Bonds and the 1996B Bonds, in accordance with the
provisions of this Ordinance.
The Bonds of each series shall be dated January 1, 1996; shall be
numbered from No. R-96A-1 upwards in order of issuance in the case of the 1996A
Bonds and from No. R-96B-1 upwards in order of issuance in the case of the 1996B
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; shall bear interest from their date payable on August 1, 1996 and
semiannually on each February 1 and August 1 thereafter as determined by the City
Manager and the Director of Finance in accordance with the provisions of Section 8
164
hereof; and shall mature on February 1 in each of the years 1997 to 2014, both
inclusive, 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.
The Bonds of each series maturing on or before February 1, 2006 shall
not be subject to redemption prior to maturity. The Bonds of each series maturing
on and after February 1, 2007 (or portions thereof in installments of $5,000) shall be
subject to redemption at the option of the City prior to their stated maturities, on or
after February 1, 2006, in whole or in part from time to time on any date, in such
order as may be determined by the City (except that if at any time less than all of the
Bonds of a given maturity are called for redemption, the particular Bonds or portions
thereof in installments of $5,000 of such maturity to be redeemed shall be selected
by lot), upon payment of the following redemption prices (expressed as a percentage
of the principal amount of the Bonds to be redeemed), together with the interest
accrued thereon to the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive)
Redemption Prices
(Percenta_ues of PrinciDal Amount}
February 1, 2006 to January 31, 2007
February 1, 2007 to January 31, 2008
February 1, 2008 and thereafter
102%
101
100
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
redeemed, that such Bond must be surrendered in exchange for the principal
amount thereof to be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption,
by first class mail, postage prepaid, to the registered owner thereof at his address
as it appears on the books of registry kept by the Registrar as of the close of
business on the forty-fifth (45th) day next preceding the date fixed for redemption.
If notice of the redemption of any Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the portion of the principal
amount thereof to be redeemed) and of the accrued interest and premium, if any,
payable upon such redemption shall have been duly made or provided for, interest
thereon shall cease to accrue from and after the date so specified for the redemption
thereof.
165
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. The Bonds shall be executed, for and on behalf of the City,
by the manual or facsimile signatures of the Mayor and City Treasurer of the City
and shall have a facsimile of the corporate seal of the City imprinted thereon,
attested by the manual or facsimile signature of the City Clerk of the City.
The Director of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds.
The Director of Finance shall direct the Registrar to authenticate the
Bonds and no Bond shall be valid or obligatory for any purpose unless and until the
certificate of authentication endorsed on each Bond shall have been manually
executed by an authorized signator of the Registrar. Upon the authentication of any
Bonds the Registrar shall insert in the certificate of authentication the date as of
which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior
to the first interest payment date, the certificate shall be dated as of the date of the
initial issuance and delivery of the Bonds of the series of Bonds of which such Bond
is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate
shall be dated as of such interest payment date; (iii) if a Bond is authenticated after
the fifteenth (15th) day of the calendar month next preceding an interest payment
date and prior to such interest payment date, the certificate shall be dated as of such
interest payment date; and (iv) in all other instances the certificate shall be dated as
of the interest payment date next preceding the date upon which the Bond is
authenticated.
The execution and authentication of the Bonds in the manner above set
forth is adopted as a due and sufficient authentication of the Bonds.
166
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.
(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 govemmental charges required to be paid with respect
to such transfer or exchange. All Bonds surrendered pursuant to this Section 5
shall be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One
Bond representing each maturity of the Bonds will be issued to and registered in the
name of Cede & Co., as nominee of The Depository Trust Company, New York, New
167
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. CUSIP identification numbers may be printed on the
Bonds, but no such number shall constitute a part of the contract evidenced by the
particular Bond upon which it is printed; no liability shall attach to the City or any
officer or agent thereof (including any paying agent for the Bonds) by reason of such
numbers or any use made thereof (including any use thereof made by the City, any
such officer or any such agent) or by reason of any inaccuracy, error or omission
with respect thereto or in such use; and any inaccuracy, error or omission with
respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of
CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the
CUSIP Service Bureau charge for the assignment of such numbers shall be the
responsibility of the successful bidder for the Bonds.
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.
168
SECTION 7. (a) The proceeds of sale of the 1996A Bonds shall be
applied to the payment of the costs of the permanent public improvements specified
in Ordinances Nos. 3213t-080894 and 32132-080894.
(b) The proceeds of sale of the 1996B Bonds shall be applied to the
payment of the costs of the public improvement projects set out in Section 6 of
Ordinance No. 32703-102395.
(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. The Bonds shall be sold at competitive sale on January 18,
1996 or on such earlier or later date as shall be determined by the Director of
Finance. The Director 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 Prelimi-
nary 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 maturing
on February 1 in each of the years 1997 to 2014, both inclusive, and are hereby
further authorized to receive proposals for the purchase of the Bonds and 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 the proposal accepted by them in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are
hereby authorized to modify 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%).
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 substan-
tially 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
169
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".
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.
All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and
attorneys of and for the City in connection with the issuance and sale of the Bonds
are hereby ratified and confirmed.
SECTION 9. The 1996A Bonds, the certificate of authentication of the
registrar, and the assignment endorsed on the 1996A Bonds, shall be substantially
the following forms, respectively, to-wit:
(FORM OF 1996A BOND)
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES 1996A
No. R-96B-1
MATURITY DATE:
INTEREST RATE: DATE OF BOND:
CUSIP NO,:
FEBRUARY 1, ~
JANUARY 1, 1996
770077
REGISTERED OWNER:
PRINCIPAL SUM:
DOLLARS
170
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
August 1, 1996 and on each February I and August 1 thereafter (each such date is
hereinafter referred to as an "interest payment data"), from the data hereof or from
the intarest payment data next preceding the data of authentication hereof to which
interest shall have been paid, unless such data of authentication is an intarest
payment data, in which case from such intarest payment data, 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 data, in which
case from such following intarest payment data, such intarest to be paid until the
maturity or redemption hereof at the Intarest Rata (specified above) per annum, by
check or draft mailed by the Paying Agent hereinafter mentioned to the Registared
Owner in whose name this Bond is registared 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 intarest payment date. 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 , . Principal of, premium, if any, and intarest on this
Bond are payable in any coin or currency of the Unitad Statas of America which, on
the respective datas of payment thereof, shall be legal tander for public and private
debts.
This Bond is one of a series of Bonds of like data, denomination and
tanor except as to number, intarest rata 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 school buildings, public buildings, public
bridges, streets and sidewalks, storm drains, parks, economic development, and the
acquisition of real property for the foregoing, pursuant to an ordinance of the
Council of the City, adopted on the 8th day of August, 1994, and ratified by a
majority of the qualified voters of the City voting at an election legally called, held
and conductad on the 8th day of November, 1994, and under and pursuant to the
Constitution and statutas of the Commonwealth of Virginia, and the Charter of the
City, as amended.
The Bonds of the issue of which this Bond is one (or portions thereof
in installments of $5,000) maturing on and after February 1, 2007 are subject to
redemption at the option of the City prior to their stated maturities, on or after
February 1, 2006 in whole or in part from time to time on any data, in such order as
171
may be determined by the City (except that if at any time less than all of the Bonds
of a given maturity ars 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
(Percentages of Princi_oal Amount;)
February 1, 2006 to January 31, 2007
February 1, 2007 to January 31, 2008
February 1, 2008 and thereafter
102%
101
100
If this Bond is rsdeemable and this Bond (or any portion of the principal
amount hersof in installments of $5,000) shall be called for rsdemption, 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
rsdeemed, that this Bond must be surrendersd in exchange for the principal amount
hereof to be redeemed and a new Bond or Bonds issued equalling in principal
amount that portion of the principal amount hersof 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 hersof 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 preceding the date fixed for redemption. If notice of the
redemption of this Bond (or the portion of the principal amount hersof 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 prsmium, if any, payable upon such rsdemption 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 series of which this Bond
is one, this Bond may be exchanged at the office of the Registrar for a like aggrsgate
principal amount of Bonds of other authorized principal amounts and of the same
series, interest rate and maturity. This Bond is transferable by the Registersd 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
]72
is one, and upon the surrender hereof for cancellation. Upon such transfer a new
Bond or Bonds of authorized denominations and of the same aggregate principal
amount, series, interest rate and maturity as the Bond surrendered, will be issued
to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the
punctual payment of the principal of and 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.
It is certified, recited and declared that all acts, conditions and things
required to exist, happen or be performed precedent to and in the issuance of this
Bond do exist, have happened and have been performed in due time, form and
manner as required by law, and that the amount of this Bond, together with all other
indebtedness of the City does not exceed any limitation of indebtedness prescribed
by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the
city.
IN WITNESS WHEREOF, the City has caused this Bond to be executed
by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile
of the corporate seal of the City to be imprinted hereon attested by the manual or
facsimile signature of the City Clerk of the City; and this Bond to be dated as of the
first day of January, t996.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Mayor
Attest:
City Treasurer
City Clerk
173
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pumuant to the within-
mentioned proceedings.
, Registrar
By:
Date of Authentication:
ASSIGNMENT
FOR VALUED RECEIVED the undemigned 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:
174
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.
The 1996B Bonds, the certificate of authentication of the registrar, and
the assignment endorsed on the 1996B Bonds, shall be in substantially the following
forms, respectively, to-wit:
(FORM OF t996B BOND)
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES 1996B
No. R-96B-1
MATURITY DATI~:
FEBRUARY 1, ~
REGISTERED OWNER:
INTEREST RATE:
DATE OF BOND:
JANUARY 1, 1996
CUSIP NO,:
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
175
Principal Sum (specified above), and to pay interest on such Principal Sum on
August 1, 1996 and on each February 1 and August I 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. 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
, . 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 a series of Bonds of like date, denomination and
tenor except as to number, interest and maturity issued for the purpose of providing
funds to defray the cost of various public improvement projects of and for the City
and for the purpose of providing funds to provide for the refunding in advance of
their stated maturity of certain 'general obligation public improvement bonds
heretofore issued by the City, under and pursuant to and in full compliance with the
Constitution and statutes of the Commonwealth of Virginia, including Chapter 5.1 of
Title 15.1 of the Code of Virginia, 1950 (the same being the Public Finance Act of
1991), the Charter of the City and ordinances and other proceedings of the Council
of the City duly adopted and taken under such Chapter 5.1.
The Bonds of the issue of which this Bond is one (or portions thereof
in installments of $5,000) maturing on and after February 1, 2007 are subject to
redemption at the option of the City prior to their stated maturities, on or after
February 1, 2006 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:
176
Redemption Dates
(Both Dates Inclusive)
Redemption Prices
(Percenta_oes of Princi_oal Amount)
February 1, 2006 to January 31, 2007
February 1, 2007 to January 31, 2008
February t, 2008 and thereafter
102%
101
100
If this Bond is redeemable and this Bond (or any portion of the principal
amount hereof in installments of $5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity of this Bond, the date
and place or places fixed for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of this bond is to be
redeemed, that this Bond must be surrendered in exchange for the principal amount
hereof to be redeemed and a new Bond or Bonds issued equalling in principal
amount that portion of the principal amount hereof not to be redeemed, shall be
mailed not less than thirty (30) days prior to the date fixed for redemption, by first
class mail, postage prepaid, to the Registered Owner hereof at his address as it
appears on the books of registry kept by the Registrar as of the close of business
on the forty-fifth (45th) day 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 series of which this Bond
is one, this Bond may be exchanged at the office of the Registrar for a like aggregate
principal amount of Bonds of other authorized principal amounts and of the same
series, interest rate and maturity. This Bond is tmnsfereble by the Registered Owner
hereof, in person or by his attorney duly authorized in writing, on the books of
registry kept by the Registrar for such purpose at the office of the Registrar but only
in the manner, subject to the limitations and upon payment of the charges, if any,
provided in the proceedings authorizing the Bonds of the series of which this Bond
is one, and upon the surrender hereof for cancellation. Upon such transfer a new
Bond or Bonds of authorized denominations and of the same aggregate principal
amount, series, interest rate and maturity as the Bond surrendered, will be issued
to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of
authentication hereon shall have been manually signed by the Registrar.
177
The full faith and credit of the City are irrevocably pledged to the
punctual payment of the prinCipal of 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.
It is certified, recited and declared that all acts, conditions and things
required to exist, happen or be performed precedent to and in the issuance of this
Bond do exist, have happened and have been performed in due time, form and
manner as required by law, and that the amount of this Bond, together with all other
indebtedness of the City does not exceed any limitation of indebtedness prescribed
by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the
city.
IN WITNESS WHEREOF, the City has caused this Bond to be executed
by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile
of the corporate seal of the City to be imprinted hereon attested by the manual or
facsimile signature of the City Clerk of the City; and this Bond to be dated as of the
first day of January, t996.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Mayor
Attest:
City Treasurer
City Clerk
178
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to
mentioned proceedings.
the within-
, Registrar
By:
Date of Authentication:
ASSIGNMENT
FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and
transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF TRANSFEREE
the within Bond and all rights thereunder, hereby irrevocably constituting and
appointing , Attorney, to
transfer such Bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
179
Signature Guaranteed
NOTICE: Signature(s) must be
guaranteed by a member firm of The
New York Stock Exchange, Inc. or a
commercial bank or trust company.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears on the
front of this Bond in every particular,
without alteration or enlargement or
any change whatsoever.
SECTION 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. This Ordinance shall constitute a
"resolution" for purposes of Section 15.1-227.9 of the Code of Virginia, 1950.
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.
ATTEST: /~
Mary F. Parker
APPROVED
David A Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32792-121895.
A RESOLUTION endorsing enactment of legislation by the 1996 Session
of the General Assembly authorizing the portability of benefits between local
government retirement systems or between local retirement systems and the
Virginia Retirement System.
180
WHEREAS, the recruitment and retention of qualified personnel is
critical to maintaining and improving the quality of public service in the
Commonwealth; and
WHEREAS, intrastate mobility of public service professionals would
facilitate and enhance the recruitment of qualified personnel; and
WHEREAS, some political subdivisions of the Commonwealth do not
participate in the Virginia Retirement System and provide a local retirement system
whose benefits are not portable from system to system; and
WHEREAS, Title 51.1 of the Code of Virginia does not provide for the
portability of retirement benefits between local retirement systems or between local
retirement systems and the Virginia Retirement System; and
WHEREAS, the House of Delegates and the Senate requested the
Virginia Retirement System, in cooperation with the Association for the Municipal
Retirement Systems of Virginia, to study the portability of retirement benefits
between the Commonwealth and its political subdivisions; and
WHEREAS, as a result of the portability study, the Virginia Retirement
System and the Association for the Municipal Retirement Systems of Virginia
recommend enabling legislation to permit the portability of benefits of vested
members, based on a reciprocal agreement between participating systems;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
t. Council supports the enabling legislation sought by the Virginia
Retirement System to permit the portability of benefits between local retirement
systems or between local retirement systems and the Virginia Retirement System.
2. The City Clerk is directed to forward an attested copy of this
resolution to the Honorable A. Victor Thomas, Member, House of Delegates, the
Honorable Clifton A. Woodrum, III, Member, House of Delegates, and the Honorable
John S. Edwards, Member-Elect, Senate of Virginia·
ATTEST: ~'/~~ APPROVED
· Bowers
City Clerk Mayor
181
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of DeCember, t995.
No. 32793-121895.
A RESOLUTION authorizing the execution of a First Addendum to the
Water Contract Addendum dated January 27, 1995, between the City of Roanoke and
the County of Roanoke and providing that the County of Roanoke provide traded
water to City owned facilities in the Coyner Springs area located in Botetourt
County.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Mayor and City Clerk are authorized, respectively, to execute
and attest, for and on behalf of the City a First Addendum to the Water Contract
Addendum dated January 27, 1995, between the City of Roanoke and the County of
Roanoke, such Addendum being generally in the form of the attachment to the
report to this Council dated December 18, 1995, and being subject to any
amendments as to form that might be deemed necessary by the City Attorney prior
to execution, all as more particularly set forth in the said report.
2. The form of such First Addendum shall be approved by the City
Attorney prior to execution.
3. The execution of the First Addendum to the Water Contract
Addendum dated January 27, 1995, is conditioned upon the agreement of the County
of Roanoke, by appropriate resolution, to enter into the said Addendum.
4. The Clerk is directed to transmit an attested copy of this
resolution to the Clerk for the Roanoke County Board of Supervisors.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
David A. Bowers
182
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32794-t 21895.
AN ORDINANCE amending and reordaining paragraphs (9) and (15) of
subsection (b) of §26-45, Prohibitad dischar_aes ._enerally, and subsection (b) of §26-
46, Dischar_ae of heavy metals and toxic material~, Code of the City of Roanoke
(1979), as amended, the amended sections to incorporate the new technical based
limits, a relaxed pH limit, and the new provisions relating to wastewater pumped
from restaurant grease traps; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Paragraphs (9) and (15) of subsection (b) of §26-45, Prohibited
discham_es _.enerally, of the Code of the City of Roanoke (1979), as amended, are
hereby amended and reordained to read and provide as follows:
§26-45. Prohibited discharqes =_enerally.
(b)
(9)
Discharges into public sewers shall not contain:
Waste, wastewater or any other substance having a pH lower
than five (5.0) or any other substance with a corrosive property
capable of causing damage or hazard to structures, equipment,
or personnel at the wastewater facility.
(15)
Trucked or hauled industrial wastewater, with the exception that
wastewater pumped from restaurant grease traps may only be
trucked or hauled and discharged only at a designated area at
the wastewater treatment plant.
2. Subsection (b) of §26-46, Dischar_.e of heavy metals and toxic
materials, of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
183
§26-46. Discham_e of heavy metals and toxic materials.
(b) The maximum allowable concentrations of heavy
metals stated in terms of milligrams per liter (mgll),
determined on the basis of individual sampling in
accordance with "Standard Methods" are:
(1)
(2)
(3)
(4)
(s)
(6)
(?)
(8)
(9)
(lO)
(11)
(12)
(13)
(14)
(15)
Arsenic: ................................... 0.18 mg/I.
Barium: .................................... 5.0 mg/I.
Boron: ....................................... 1.0 mg/I.
Cadmium: ................................ 0.03 mg/I.
Chromium (total): ................... 1.63 mgll.
Chromium VI: ......................... 0.59 mg/I.
Copper: .................................... 1.61 mgll.
Cyanide: .................................. 1.0 mg/I.
Lead: ....................................... 0.3 mgll.
Manganese: ............................. 1.0 mgll.
Mercury: .............................. 0.003 mgll.
Nickel: .................................... 2.81 mgll.
Selenium: ............................... 0.02 mgll.
Silver: ...................................... 0.28 mgll.
Zinc: ........................................ 0.8 mgll.
In addition, if it is determined that any one (1) of these
parameters exceeds the state effluent requirements for the
wastewater treatment plant, an adjustment in the given
parameter concentration limit will be required. To accomplish
this, the discharge permits for industries discharging the
particular compound will be adjusted to ensure compliance.
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:
City Clerk Mayor
184
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 1995.
No. 32795-121895.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
ADDroDriations
General Government
Employee Parking (1) ...........................
1) Appropriated from
$ 8,058,469.00
200,000.00
General Revenue (008-056-9698-9003) $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 avi Bowers
City Clerk Mayor
185
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32796-121895.
AN ORDINANCE providing for the acquisition of real property at 517
Church Avenue, identified by Roanoke City Tax No. 1113409, and the structure
located thereon, and a vacant lot on Campbell Avenue identified by Roanoke City
Tax Map No. 1011204, for the Employee Parking 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 proper City officials are authorized to acquire for the
Employee Parking Project, fee simple title to the real estate at 517 Church Avenue,
identified by Roanoke City Tax Map No. 1113409, and the structure located thereon,
for the consideration of $65,000.00.
2. The proper City officials are authorized to acquire for the
Employee Parking Project the fee simple title to a vacant lot on Campbell Avenue,
identified by Roanoke City Tax Map No. 101 t204 for the consideration of $35,000.00.
3. Upon delivery to the City of a deed, approved as to form and
execution by the City Attorney, the Director of Finance is directed to pay the
consideration to the owners, 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
186
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of December, 1995.
No. 32797-121895.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Sewage Treatment Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_~_oro_r) riations
Capital Outlay $ 20,867,677.00
Roanoke River Interceptor Sewer Property (1) ........ 200,000.00
Tinker Creek Interceptor Sewer Property (2) .......... 50,000.00
Sewage Treatment Plant Expansion Bonds 94 (3) ...... 13,530,882.00
1) Appropriated
from Bond
Funds
2) Appropriated
from Bond
Funds
3) Appropriated
from Bond
Funds
(003-056-8476-9001)
(003-056-8477-9001)
(003-056-8465-9001)
$ 200,000.00
50,000.00
(250,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
City Clerk Mayor
187
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32798-121895.
AN ORDINANCE providing for the acquisition of property rights needed
by the City for the construction of the Roanoke River and Tinker Creek Sewer
Interceptor Projects; 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; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the construction of the Roanoke River and Tinker Creek
Sewer Interceptor Projects, 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 Attachments "A" and "B" thereto, to
this Council dated December 18, 1995, 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 fee simple interest, permanent easements, and temporary
construction easements, with appropriate ancillary rights with respect to the parcels,
for such consideration as the City Manager may deem appropriate, subject to the
limitation set out below and subject to applicable statutory guidelines. All requisite
documents shall be upon form approved by the City Attorney.
2. The City Manager is directed to offer on behalf of the City to the
owners of each of the aforesaid parcels, such consideration as he deems
appropriate for the necessary interests, provided, however, the total consideration
offered or expended shall not exceed $250,000.00 without further authorization of
Council. Upon the acceptance of any offer and upon delivery to the City of a deed,
approved as to form and execution by the City Attorney, the Director of Finance is
directed to pay the respective consideration to the owners of the interest conveyed,
certified by the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any real
estate 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
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.
188
4. In instituting or conducting any condemnation proceeding, the
City Attomey is authorized to make motion on behalf of the City for entry of an order,
pursuant to §25-46.8, Code of Virginia 0950), 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.
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 18th day of December, 1995.
No. 32799-121895.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Sewage Treatment Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_o~ro_oriations
Capital Outlay $ 20,707,826.00
I/I Property Rights Acquisition (1) ................. 120,000.00
189
R~tained Earnings
Retained Earnings - Unrestricted (2) ............... $18,993,108.00
1) ApproPriated
from General
Revenue
2) Retained
Earnings -
Unrestricted
(003-056-8464-9003)
(003-3336)
$ 15,000.00
(15,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
M~a~ F.e~Park~r
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of December, 1995.
No. 32800-121895.
AN ORDINANCE providing for the acquisition of property rights needed
by the City for the construction of the Infiltration/Inflow Reduction Program;
authorizing the City Manager to fix a certain limit on the consideration to be offered
by the City; providing for the City's acquisition of such property rights by
condemnation, under certain circumstances; authorizing the City to make motion for
the award of a right of entry on any of the parcels for the purpose of commencing
the project; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
t. For the construction of the Infiltration/Inflow Reduction Program,
Peters Creek 4 (PC-4), the City wants and needs certain easements, together with
temporary construction easements and rights of ingress and egress, as more
specifically set forth in the report and attachments thereto to this Council dated
December 18, 1995, on file in the Office of the City Clerk. The proper City officials
190
are authorized to acquire for the City from the respective owners the necessary
easements with appropriate ancillary rights with respect to the parcels, for such
consideration as the City Manager may deem appropriate, subject to the limitation
set out below and subject to applicable statutory guidelines. All requisite
documents shall be upon form approved by the City Attorney.
2. The City Manager is directed to offer on behalf of the City to the
owners of each of the aforesaid parcels, such consideration as he deems
appropriate for the necessary interests, provided, however, the total consideration
offered or expended shall not exceed $15,000.00 without further authorization of
Council. Upon the acceptance of any offer and upon delivery to the City of a deed,
approved as to form and execution by the City Attorney, the Director of Finance is
directed to pay the respective consideration to the owners of the interest conveyed,
certified by the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any real
estate 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
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.
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
191
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of January, 1996.
No. 32782-010296. '
AN ORDINANCE amending and reordaining subsection (f) of §19-20,
When tax payable: installment payment: penalty_ for late payment: report ana
collection of deline_uencies, of Article I, In General, of Chapter 19, License Tax Code,
of the Code of the City of Roanoke (1979), as amended, to provide for interest to
commence on the first day of the month following the month in which business
license taxes are due and continuing until said taxes are paid in full at the maximum
amount authorized by the State Code.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Subsection (f} of §t9-20, When tax payable: installment payment.
penal~ for late payment: report and collection of delin~_uerl¢ie% 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 as follows:
Sec. 19-20. When tax payable; installment payment;
penalty for late payment; report and
collection of deline_uencies,
(f) The failure to pay the tax assessed, or due to have been
assessed, on a license on or before the due date as set forth in
subsections (a) and (b), or to pay such installment thereof as is
required by subsection (d), or at such other time as the same shall
become due and payable, shall subject the person so failing to the
payment of a penalty of ten percent (10%) of the license tax remaining
unpaid on such date, such penalty to be added and collected by the
treasurer. In addition, interest at the maximum yearly rates authorized
by the general law of the Commonwealth, as provided for in section
192
58.1-3916, Code of Virginia (1950), as amended, shall be assessed and
collected on such delinquent tax and penalty remaining unpaid from
the first day of the month following the month in which such taxes, or
any installment, are due to be paid, until paid.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of January, 1996.
No. 32786-010296.
AN ORDINANCE amending Ordinance No. 16380, adopted April 19, 1965,
establishing building setback lines on both sides of Colonial Avenue, S. W., from
Brandon Avenue, S. W., to Overland Road, S. W.
WHEREAS, Ordinance No. 16380, adopted by City Council on April 19,
1965, established building setbacks along Colonial Avenue, S. W., said setbacks
measuring 60 feet from both sides of the centerline of Colonial Avenue, S. W.,
between Brandon Avenue, S.W., and Overland Road, S. W.;
WHEREAS, a residential structure at t006 Colonial Avenue was
constructed before the adoption of Ordinance No. 16380;
WHEREAS, a portion of the aforementioned structure lies within the
boundaries of the setback established by Ordinance No. 16380;
WHEREAS, the property owner of 1006 Colonial Avenue, S. W., has
requested that the building setback lines established by Ordinance No. 16380 be
reduced on both sides of Colonial Avenue from 60 feet from the centerline to 45 feet
from the centerline of Colonial Avenue;
WHEREAS, after considering all of the evidence submitted, including
the City Manager's report dated December 18, 1995, to this Council, the Council is
of the opinion that Ordinance No. 16380 should be amended to establish building
setback lines as hereinafter provided.
193
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that Ordinance No. 16380 be amended to establish building setback lines on both
sides of Colonial Avenue, S. W., between Brandon Avenue, S. W., and Overland
Road, S. W., each of said setback lines to be measured forty-five (45) feet from the
centerline of Colonial Avenue, S. W., between said streets; and
BE IT FURTHER ORDAINED that Ordinance No. 16380 shall remain in
full force and effect in all other respects.
ATTEST:
M~ary F~. a rk~r
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of January, 1996.
No. 32801-010296.
AN ORDINANCE authorizing the City Manager to execute a Boundary
Line Agreement with James L. Mayhew to establish the boundary line between the
respective properties.
BE IT ORDAINED by the Council of the City of Roanoke that the City
Manager, or his designee, and the City Clerk, are hereby authorized to execute and
attest, respectively, a Boundary Line Agreement with James L. Mayhew, establishing
the boundary lines between property owned by the City and Mr. Mayhew, as shown
on the survey attached as Schedule "A" to the report of the Water Resources
Committee dated December 18, 1995, said agreement to be upon form approved by
the City Attorney.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
194
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of January, 1996.
No. 32802-010296.
A RESOLUTION authorizing the execution of an agreement with KDL
Investments, L.L.C. for use of the Community Development Block Grant (CDBG)
funds in connection with the rehabilitation of the facade and the building located at
14 East Campbell Avenue in the H-1 Historic District.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistant City Manger and the City Clerk
are hereby authorized on behalf of the City to execute and attest, respectively, an
agreement with KDL Investments, L.L.C. for the use of the CDBG Downtown Facade
Grant funds to provide for a grant to KDL Investments of up to $5,000.00 to be used
in rehabilitating the facade of the above building and to further provide for the use
of the CDBG funded Economic Development Investment Fund to provide for an
unsecured loan to KDL Investments in an amount not to exceed $85,000.00 for the
rehabilitation of some or all of the above building, all as more particularly set forth
in the City Manager's report to Council dated January 2, 1996.
2. The form of the 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 2nd day of January, 1996.
No. 32803-010296.
A RESOLUTION approving the proposed Citizen Participation Plan
regarding Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs, and authorizing
the City Manager to execute the Citizen Participation Plan and any change thereto
which does not constitute a substantial amendment to such plan.
195
WHEREAS, by Resolution No. 32476-050895, adopted May 8, 1995,
Council approved submittal of the approved Consolidated Plan for FY 1995-96 to
HUD;
WHEREAS, the City's current Citizen Participation Plan must be
modified to comply with new guidelines promulgated by HUD in January, 1995.
that:
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. This Council approves the proposed Citizen Participation Plan as
attached to the report of the City Manager, dated January 2, 1996.
2. The City Manager or the Assistant City Manager is hereby
authorized, for and on behalf of the City, to execute the Citizen Participation Plan,
and any changes thereto which does not constitute a substantial amendment to the
plan and submit the same to HUD for continuation of these programs.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of January, 1996.
No. 32804-010296.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
General, Utility Line Services, and 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 1995-96 General, Utility Line Services, and Management
Services Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
196
General Fund
ADDroDriatione
Judicial Administration
General District Court (1) ........................
General Government
City Treasurer (2) ...............................
Public Safety
Building Inspections (3) ..........................
Police Patrol (4-5) ...............................
Fire Operations (6-7) .............................
Public Works
Communications (8) .............................
Snow Removal (9) ...............................
Building Maintenance (10) ........................
Parks Maintenance (11-12) ........................
Health and Welfare
Social Services -Income Maintenance (13-14) ........
Community Development
Planning and Community Development (t5-16) .......
$ 4,036,926.00
58,573.00
$10,115,679.00
754,976.00
$ 35,923,613.00
705,218.00
7,780,707.00
10,313,630.00
$ 22,758,609.00
2,424,064.00
114,052.00
3,238,947.00
22,677,446.00
$18,974,t 95.00
3,898,756.00
$ 1,362,162.00
763,235.00
Fund Balance
Reserved CMERP - City (17) ....................... $ 3,848,722.00
Utili~ Services Fund
A_~_Dro_Driations
Operating
Utility Line Services (18) ..........................
Utility Line Services -Capital Outlay (19) .............
$ 3,243,383.00
2,837,233.00
406,150.00
Retained Earnings
Retained Earnings - Unrestricted (20) ................ 1,743,350.00
Manaaement Services Fund
A_~oro_~riations
Operating $ 496,930.00
Management Services (21) .......................... 459,070.00
197
Retained Earnin_,s
Retained Earnings - Unrestricted (22) .................. $ 292,889.00
1) Furniture and
Equipment
>$1,000
2) Furniture and
Equipment
>$1,000
3) Other Equipment
4) Wearing Apparel
5) Other Equipment
6) Wearing Apparel
7) Expendable
Equipment
<$1,000
8) Other Equipment
9) Chemicals
10) Maintenance
Third Party
Contract
11) Project
Supplies
12) Maintenance -
Buildings
13) Other Equipment
14) Expendable
Equipment
<$1,000
t5) Fees for
Professional
Services
16) Expendable
Equipment
<$1,000
17) Reserved
CMERP - City
18) Expendable
Equipment
<$1,000
19) Other Equipment
(001-070-2120-9005) $ 7,880.00
(001-020-1234-9005)
(001-052-3410-9015)
(001-050-3113-2064)
(001-050-3113-9015)
(001-050-3213-2064)
(001-050-3213-2035)
(001-050-4130-9015)
(001-052-4140 -2045)
(001-052-4330-3056)
(001-052-4340-3005)
(001-052-4340-2050)
(001-054-5313-9015)
(001-054-5313-2035)
(001-052-8110-2010)
(001-052-8110-2035)
(001-3323)
(016-056-2625-2035)
(016-056-2626-9015)
3,035.00
2,502.00
19,729.00
14,607.00
7,590.00
3,898.00
62,177.00
11,486.00
7,500.00
25,000.00
32,500.00
2,650.00
1,134.00
12,000.00
819.00
(214,507.00)
3,030.00
66,227.00
198
20) Retained
Earnings -
Unrestricted
21) Expendable
Equipment
<$1,000
22) Retained
Earnings -
Unrestricted
(016-3336)
(015-002-1617-2035)
$ (69,257.00)
765.00
(015-3336) (765.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of January, 1996.
No. 32805-010296.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
A_o_~ro_Driations
Health and Welfare $ 2,413,991.00
Virginia Innovative Homeless Initiative Grant (1) .......70,483.00
Revenue
199
Health and Welfare $ 2,413,991.00
Virginia Innovative Homeless Initiative Grant (2) ....... 70,483.00
t) Virginia
Innovative
Homeless
Initiative Grant
2) State Grant Funds
(035-054-5192-2154)
(035-035-1234-7213)
$ 70,483.00
70,483.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of January, 1996.
No. 32806-010296.
A RESOLUTION accepting the Virginia Innovative Homeless Initiatives
program grant award made to the City from the Department of Mental Health, Mental
Retardation and Substance Abuse Service, Office of Mental Health and Substance
Abuse Services; and authorizing execution of the necessary grant documents, on
behalf of the City, to comply with the terms and conditions and requiremente
pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Virginia Innovative
Homeless Initiatives program grant made by the Department of Mental Health, Mental
Retardation and Substance Abuse Service, Office of Mental Health and Substance
Abuse Services, amounting to $70,483.00 in funding to provide six months of
200
temporary staffing resources for the "Homeless Assistance Team" to enhance
existing outreach and shelter services during the winter months of 1995-1996, upon
the terms and conditions as set out in the Council report dated January 2, 1996.
2. The City Manager, or the Assistant City Manager is authorized
to execute, for and on behalf of the City, the requisite grant agreement and related
documents, including, but not limited to, the necessary Memorandum of Agreement
with the Department of Mental Health, Mental Retardation and Substance Abuse
Services, Office of Mental Health and Substance Abuse Services, thereby agreeing
on behalf of the City, to comply with the terms and conditions of the Grant
Agreement, applicable law and regulations and all requirements of the United States
Department of Housing and Urban Development, now or hereafter in effect,
pertaining to the assistance provided.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of January, 1996.
No. 32807-011696.
A RESOLUTION accepting the resignation of John S. Edwards as Vice-
Mayor and member of City Council; appointing Wendell H. Butler as a member of the
City Council for a term commencing upon his qualification and expiring June 30,
1996; and authorizing the City Attorney to file a Petition for a Writ of Election with
the Circuit Court for the City of Roanoke requesting that the Court order an election
in connection with the next regular councilmanic election to fill the unexpired
portion of Mr. Edwards' term.
WHEREAS, the Honorable John S. Edwards, Vice-Mayor and member
of City Council, has by letter, dated December 22, 1995, resigned from Council
effective December 31, 1995;
201
WHEREAS, §4 of the Charter of the City of Roanoke provides that
vacancies in the Council shall be filled within thirty days by majority vote of the
remaining members of Council;
WHEREAS, §4 also provides that the person appointed to fill a vacancy
on City Council shall serve "until the day upon which the terms of office of
councilmen elected at the next following regular Councilmanic election shall
commence", and such day is July 1, 1996;
WHEREAS, §4 further requires that, at the next regular Councilmanic
election (May 7, 1996), a Council member shall be elected for the remaining portion
of Mr. Edwards' unexpired term (July 1, 1996, through June 30, 1998); and
WHEREAS, this Council is desirous of appointing Wendell H. Butler to
fill the Council vacancy created by the resignation of Mr. Edwards for a term
commencing upon Dr. Butler's qualification and terminating June 30, 1996;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The resignation of John S. Edwards as Vice-Mayor and member
of the Council of the City of Roanoke is hereby accepted effective December 31,
1995.
2. Wendell H. Butler is hereby appointed as a member of the Council
of the City of Roanoke for a term commencing upon his qualification and expiring
June 30, 1996.
3. Pursuant to §59 of the City Charter, before entering upon the
duties of a member of City Council, Dr. Butler shall qualify for office by taking the
oath prescribed by general law of the Commonwealth.
4. The City Attorney is hereby authorized to file a Petition for Writ
of Election with the Circuit Court for the City of Roanoke requesting that the Court
enter a Writ of Election ordering an election to be held at the next regular
councilmanic election (May 7, 1996) to fill the unexpired portion of Mr. Edwards'
term (July 1, 1996, through June 30, 1998) and to take such other action, for and on
behalf of the Council, as is required to cause such election to be held.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
202
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of January, 1996.
No. 32808-011696.
A RESOLUTION electing the Honorable William White, Sr., as Acting
Vice-Mayor of the City of Roanoke for a term of January 16, 1996, through June 30,
1996.
WHEREAS, the Honorable John S. Edwards has resigned as Vice-Mayor
and as a member of City Council effective December 31, 1995;
WHEREAS, City Council has accepted the resignation of Mr. Edwards,
and, pursuant to §4 of the City Charter, the Council has appointed a person to fill the
vacancy on City Council created by the resignation of Mr. Edwards;
WHEREAS, in the absence of the Mayor, there is a need for a Vice-
Mayor to preside at meetings of the Council, to represent the City on ceremonial
occasions and to perform other duties imposed upon the Mayor by §15 of the City
Charter;
WHEREAS, §4 of the City Charter provides that the member of Council
receiving the largest number of votes in each regular councilmanic election shall be
the Vice-Mayor of the City, but such section makes no provision for the filling of a
vacancy created in the office of Vice-Mayor; and
WHEREAS, City Council is desirous of appointing an acting Vice-Mayor
for a term of January 16, 1996, through June 30, 1996;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The Honorable William White, Sr., is hereby elected as Acting
Vice-Mayor of the City of Roanoke for a term of January 16, 1996, through June 30,
1996.
203
2. The Acting Vice-Mayor shall perform the duties of the Mayor
during his absence or disability.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of January, 1996.
No. 32809-011696.
A RESOLUTION declaring a local emergency; authorizing emergency
powers to the City Manager as Director of Emergency Services; authorizing the City
Manager to make application for Federal and State public aid and assistance to deal
with such emergency; designating the Director of Finance as the fiscal agent for the
City; and calling upon the Federal and State governments for assistance.
WHEREAS, the Council of the City of Roanoke finds that the City has
sustained near blizzard conditions which commenced at 10:00 a.m. on January 7,
1996, and that, due to the unprecedented snowfall, substantial and, as yet,
incalculable property damage has been done; and
WHEREAS, due to the snowstorm, a condition of extreme peril to life
and property necessitates the proclamation of the existence of an emergency;
that:
THEREFORE, BE IT RESOLVED by the Council for the City of Roanoke
1. The Budget Administrator is hereby authorized to execute for and
in behalf of City of Roanoke, a public entity established under the laws of the State
of Virginia, an application (FEMA Form 90-63, Mar. 81) and to file it in the appropriate
State office for the purpose of obtaining certain Federal financial assistance under
the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from
the President's Disaster Relief Fund.
204
2. The City of Roanoke, a public entity established under the laws
of the State of Virginia, hereby authorizes its agent to provide to the State and to the
Federal Emergency Management Agency (FEMA) for all matters pertaining to such
Federal disaster assistance the assurances and agreements printed on the reverse
side of such application.
3. It is hereby proclaimed that an emergency existed throughout the
City and that such emergency existed from 10:00 a.m. on January 7, 1996, until
terminated at 8:00 a.m. on January 12, 1996. All emergencies previously declared
by this Council are hereby terminated.
4. During the existence of the emergency declared by this
Resolution, the City Manager, as Director of Emergency Services, possessed those
powers, functions and duties prescribed by the Code of Virginia, (1950), as
amended, the Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as
amended, and the Emergency Operations Plan approved by this Council in order to
further the public health, safety and welfare, address the needs of the people of the
City of Roanoke and mitigate the effects of such emergency, and any actions taken
by the City Manager under his authority as Director of Emergency Services during
such period of emergency are hereby ratified.
5. The City Manager is hereby authorized for and on behalf of the
City to execute applications for Federal and State public aid and assistance as is
necessary and proper to meet this emergency and to provide to Federal and State
agencies for all matters relating to Federal and State disaster assistance the
assurances and agreements required by the Federal Emergency Management
Agency and other agencies of State and Federal governments.
6. The Director of Finance is hereby designated as the City's fiscal
agent to receive, deposit and account for Federal and State funds made available to
the City to meet the emergency declared by this resolution, and the Budget
Administrator is hereby designated as the City's agent for executing and submitting
appropriate documentation and information regarding federal and state
reimbursement for this emergency.
7. The Council calls upon the Federal and State governments to take
steps to afford to the City of Roanoke and to the persons and business concerns
and other organizations and agencies suffering injury and damage from this disaster
such public aid and assistance as is necessary and proper to meet this emergency.
205
8. The City Clerk is directed to forward an attested copy of this
resolution to the Honorable George Allen, Governor of Virginia.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of January, 1996.
No. 32810-011696.
A RESOLUTION authorizing the City Manager to make application to the
Commonwealth of Virginia Department of Transportation for Industrial Access Road
Funds up to $450,000.00 for roadway construction to provide industrial access for
Roanoke Electric Steel Corporation and authorizing the execution of any required
documentation on behalf of the City for acceptance of any such funds which may be
awarded.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistant City Manager is hereby
authorized to execute and file on behalf of the City of Roanoke any and all
appropriate documents required in connection with the application to the
Commonwealth of Virginia Department of Transportation for Industrial Access Road
Funds up to $450,000.00 for roadway construction to provide industrial access to
Roanoke Electric Steel Corporation and to execute on behalf of the City any
documentation necessary for the acceptance of such Industrial Access Road Funds,
and to furnish such additional information as may be required by the
Commonwealth, all as more particularly set out in the City Manager's report to this
Council dated January 16, 1996.
2. The form of any agreements for the acceptance of such Industrial
Access Road Funds shall be approved by the City Attorney.
206
3. Any local matching funds up to $150,000.00 that may be
necessary or are required by the acceptance of such Industrial Road Access Funds
will be made available.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of January, 1996.
No. 32811-011696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
General, Management Services, and City Information Systems Fund Appropriations,
and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General, Management Services, and City
Information Systems Fund Appropriations, be, and the same are hereby, amended
and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental
Transfers to Other Funds (1) .....................
$ 52,349,236.00
51,270,385.00
Fund Balance
Reserved CMERP -City (2) ...................... $ 3,148,228.00
Mana_oement Services Fund
Ar)_r)ror)riations
Management Services
Transfers to Other Funds (3) ......................
$ 513,305.00
55,000.00
Retained Earninps
Retained Earnings - Unrestricted (4) ................ $ (55,000.00)
City_ Information Systems Fund
A.o_oro.oriation~
Capital Outlay
Data Network System (5) ..........................
Police and Jail Systems (6) ........................
$ 608,000.00
358,000.00
250,000.00
CIS Capital Outlay
Other Equipment (7) ..............................
E-Mail System (8) ................................
Automated Budget System (9) .....................
Geographical Information System Study (10) .........
Building Inspection and Development Review (11) ....
$1,239,302.00
277,086.00
100,000.00
55,000.00
60,000.00
52,000.00
Revenue
Non-Operating $1,292,600.00
Other Revenue (12-13) ............................. 1,292,600.00
1) Transfer to City
Information
Systems
2) Reserved CMERP -
City
3) Transfer to City
Information
Systems
4) Retained
Earnings -
Unrestricted
(001-004-9310-9513)
(001-3323)
(015-002-1617-9513)
$1,000,000.00
(1,000,000.00)
55,000.00
(015-3336) (55,000.00)
207
208
5) Appropriated
from General
Revenue
6) Appropriated
from General
Revenue
7) Other
Equipment
8) E-Mail System
9) Automated
Budget System
10) Geographical
Information
System Study
11) Building
Inspection
and Development
Review
12) Transfer from
General Fund
13) Transfer from
Management
Services
(013-052-9800-9003)
(013-052-9801-9003)
(013-052-1602-9015)
(013-052-1602-9201 )
(013-052-1602-9208)
(013-052-1602-9204)
(013-052-1602-9209)
(013-020-1234-1037)
(013-020-1234-1124)
$ 358,000.00
250,000.00
180,000.00
100,000.00
55,000.00
60,000.00
52,000.00
1,000,000.00
55,000.00
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 16th day of January, 1996.
No. 32812-011696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
General Fund Appropriations, and providing for an emergency.
209
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ApproDriations
Health and Welfare
Income Maintenance (1,2) .........................
Nondepartmental
Contingency -General Fund (3) ....................
$19,087,738.00
3,994,972.00
$ 51,566,519.00
329,079.OO
Revenue
Grants-In-Aid Commonwealth $ 32,463,704.00
General Relief (4) ................................ 187,500.00
1) General Relief
2) Supplemental
Security Income
3) Contingency
4) General Relief
(001-054-5313-3125)
(001-054-5313-3116)
(001-002-9410-2199)
(001-020-1234-0674)
$ 200,000.00
(100,000.00)
(37,500.00)
62,500.00
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of January, 1996.
No. 32813-011696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
General Fund Appropriations, and providing for an emergency.
210
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A_oDroDriations
General Government
City Treasurer (1-7) ............................
Nondepartmental
Contingency - General Fund (8) ..................
$10,123,644.00
762,941.00
$ 51,610,346.00
372,906.00
1) Regular
Employees
Salaries (001-020-1234-1002) $ 8,072.00
2) City
Retirement (001-020-1234-1105) 1,009.00
3) FICA (001-020-1234-1120) 618.00
4) Hospitalization
Insurance (001-020-1234-1125) 852.00
5) Dental
Insurance (001-020-1234-1126) 55.00
6) Life
Insurance (001-020-1234-1130) 29.00
7) Administrative
Supplies (001-020-1234-2030) 365.00
8) Contingency (001-002-9410-2199) (11,000.00)
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
211
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of January, 1996.
No. 32819-011696.
A RESOLUTION requesting that the Commonwealth Transportation
Board establish a project for the improvement of the Virginia Museum of
Transportation.
WHEREAS, in accordance with the Commonwealth Transportation
Board's construction allocation procedures, it is necessary that a request by
resolution be received from the local government in order that the Virginia
Department of Transportation program an enhancement project in the City of
Roanoke; and
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 16,
1996, 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.
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.
212
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 16, 1996, 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.
5. The City Clerk is directed to forward a copy of this resolution to
the appropriate officials at the Commonwealth Transportation Board.
APPROVED
ATTEST:
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of January, 1996.
No. 32820-011696.
A RESOLUTION requesting that the Commonwealth Transportation
Board establish a project for the first phase of the Roanoke Valley Comprehensive
Greenway System.
WHEREAS, in accordance with the Commonwealth Transportation
Board's construction allocation procedures, it is necessary that a request by
resolution be received from the local government in order that the Virginia
Department of Transportation program an enhancement project in the City of
Roanoke; and
WHEREAS, Council supports the construction of the Prospect
Greenway, the first phase of the Roanoke Valley Comprehensive Greenway System;
that:
THEREFORE BE IT RESOLVED by the Council of the City of Roanoke
213
1. The City hereby endorses and requests that the Commonwealth
Transportation Board establish a project for the Prospect Greenway, the first phase
of the Roanoke Valley Comprehensive Greenway System, said Prospect Greenway
being more particularly described in the City Manager's report dated January 16,
1996, 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
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.
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 Clerk is directed to forward a copy of this resolution to
the appropriate officials at the Commonwealth Transportation Board.
APPROVED
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 1996.
No. 32814-020596.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 322, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
214 "
WHEREAS, First Homes, LLC, has made application to the Council of
the City of Roanoke to have the hereinafter described property rezoned from HM,
Heavy Manufacturing District to RM-1, Residential Multi-family, Low 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 January 16, 1996, 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. 322 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That certain tract of land lying in the 1600 block of Wallace Avenue,
Block 14, Lots 13, 14, 15, 16, 17, 20 and 21, and designated on Sheet No. 322 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3221712, 3221713,
3221714, 3221715, 3221716, 3221719, and 3221720, be, and is hereby rezoned from
HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density
District, subject to the proffers contained in the First Amended Petition filed in the
Office of the City Clerk on December 15, 1995, and that Sheet No. 322 of the Zone
Map be changed in this respect.
ATTEST:
Mary F.~'.~PParker
APPROVED
David A. Bowers
City Clerk Mayor
215
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 1996.
No. 32815-020596.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 546, Sectional 1976 Zone Map, City of
Roanoke, in order to repeal certain conditions presently binding upon certain
property previously conditionally rezoned, to rezone certain property within the City,
and to subject certain property to conditions proffered by the applicant.
WHEREAS, Roanoke Health Care Center, LLC, filed an application to the
Council of the City of Roanoke to repeal certain conditions presently binding upon
a tract of land located on Van Winkle Road, S. W., being further identified as Official
Tax No. 5460101, which property was previously conditionally rezoned by Ordinance
No. 24898, adopted December 3, 1979; and to have the hereinafter described
property rezoned from RM-2, Residential Multi-family, Medium Density District, to C-
1, Office District; and to have the hereinafter described property became subject to
new proffers; 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 16, 1996, 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 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 conditions binding upon the tract of land lying in the northwest
corner of the intersection of Narrows Lane and Van Winkle Road, consisting of 49.23
acres of land, pursuant to Ordinance No. 24898, adopted December 3, 1979, should
be repealed, and that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that the proffered conditions contained in Ordinance No. 24898, adopted
December 3, 1979, are hereby repealed.
216
BE IT FURTHER 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.
546 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
The entire 49.23-acre, more or less, tract of land located in the
northwest corner of the intersection of Narrows Lane and Van Winkle Road, and
designated on Sheet No. 546 of the Section 1976 Zone Map City of Roanoke as
Official Tax No. 5460101, be, and is hereby rezoned from C-1, Office District, and RM-
2, Residential Multi-family District, to C-1, Office District, all of said tract being
subject to the proffers contained in the Third Amended Petition, filed in the Office
of the City Clerk on December 22, 1995, and that Sheet No. 546 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 5th day of February, 1996.
No. 32816-020596.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 206, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned LM, Light Manufacturing District.
WHEREAS, James B. Young and Betty M. Young, filed an application
to the Council of the City of Roanoke to amend certain conditions presently binding
upon a tract of land located at 1919 Tenth Street, N. W., being further identified as
Official Tax No. 2060534, which property was previously conditionally rezoned by
the adoption of Ordinance No. 27294, adopted September 24, 1984; 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
217
WHEREAS, a public hearing was held by City Council on said
application at its meeting on January 16, 1996, after due and timely notice thereof
as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which
hearing all parties in interest and citizens were given an opportunity to be heard,
both for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the conditions now binding upon the above-described property should
be amended as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, Sheet No.
206 of the Sectional 1976 Zone Map, City of Roanoke, be amended, and Ordinance
No. 27204 be amended, to reflect the following proffers that (1) The structures
presently erected as the rezoned property will be painted and repaired, and the
surrounding areas will be landscaped and maintained as shown on the site plan
dated August 8, 1984, attached as Exhibit D to the petition filed in 1984, and
considered by City Council on September 24, 1984, (2) Outdoor advertising signage
on the property will continue on the existing boards without any increase in size or
number of outdoor advertising boards, and (3) The structures presently erected on
the rezoned property will not be enlarged or expanded; new structures will not be
erected upon said premises; nor will the present use of said buildings be changed.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of February, 1996.
No. 32817-020596.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 301 and Sheet No. 201, Sectional 1976 Zone Map, City of
Roanoke, to designate certain property within the City as H-2-, Neighborhood
Preservation District.
218
WHEREAS, the City AdministratiOn has proposed that the hereinafter
described property be designated with the zoning overlay designation of H-2,
Neighborhood Preservation 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 16, 1996, 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, as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 301 and
No. 201 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the
following particular and no other:
Those certain properties generally being located east of Jefferson
Street, north of Wells Avenue, and south of Patton Avenue, and bearing Official Tax
Nos. 3011401 through 3011411, 3011413 through 3011423, 3011425 through 3011437,
3014010, 3014010, 3012801 through 3012827, 3012846 and 2011002, be and are
hereby designated H-2, Neighborhood Preservation District, and that Sheet No. 301
and No. 201 of the Zone Map be changed in this respect.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
219
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of February, 1996.
No. 32818-020596.
AN ORDINANCE authorizing the closing, without vacation, of a certain
public right-of-way in the City of Roanoke, Virginia, as are more particularly
described hereinafter.
WHEREAS, the Roanoke City Planning Commission filed an Application
to the Council of the City of Roanoke, Virginia, on December 6, 1995, in accordance
with law, requesting the Council to permanently close, without vacation, 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, made its
recommendation to Council; and
WHEREAS, public hearing was held on said Application by the City
Council on January 16, 1996, 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 permanent closing of the subject public right-of-way have
been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
substantial inconvenience will result to any individual or to the public from
permanently closing said public right-of-way, and that such closing will promote the
safety and welfare of those using the subject public right-of-way and the right-of-way
in the vicinity of the right-of-way to be closed.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and
more particularly described as follows:
Belle Air Circle, S. W., at its intersection with Brandon Avenue, S. W.,
be, and hereby is, permanently closed, without vacation, as described above and in
said Application.
220
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently closed without vacation" on said 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 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 closing described
above on all maps and plats recorded in that office on which Belle Air Circle, S. W.,
appears.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of February, 1996.
No. 32821-020596.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
School and Capital Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 School and Capital Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
School Fund
A_o_oroDriations
Education $102,317,125.00
Chess Program 1995-96 (1-2) ...................... 15,000.00
221
Western Virginia Regional Science
Fair 1995-96 (3-8) ............................... $ 11,415.00
Instruction (9) ................................... 58,112,838.00
Other Uses of Funds (10) .......................... 2,535,092.00
Revenue
Education $ 99,146,096.00
Chess Program 1995-96 (11) ........................ 15,000.00
Western Virginia Regional Science
Fair 1995-96 (12-13) .............................. 11,415.00
Capital Fund
Appropriations
Education $19,859,393.00
Jackson Middle School Renovations (14-15) ........... 5,983,945.00
School Computer Network (16) ...................... 1,350,000.00
Breckinridge Middle School Renovations (17-18) ....... 6,375,000.00
Air Conditioning System (19) ........................ 340,000.00
Fire Alarm System (20) ............................. 80,000.00
Wilson Middle School Renovations (21) ............... 391,051.00
Capital Improvement Reserve ....................... (11,943,704.00)
Public Improvement Bonds - Series 1996 (22) .......... (7,169,996.00)
Revenue
Due from State Literary Loan (23-24) ................. $ 7,500,000.00
1) Tournament
Fees (030-060-6941-6102-0332) $ 5,000.00
2) Supplies (030-060-6941-6102-0614) 10,000.00
3) Security
Services (030-060-6942-6311-0195) 111.00
4) Social
Sec u rity (030-060-6942-6311-0201 ) 9.00
5) Contracted
Services (030-060-6942-6311-0313) 60.00
6) Travel
Expenses (030-060-6942-6311-0554) 8,840.00
7) Membership
Fees (030-060-6942-6311-0581) 500.00
222
8) Instructional
Supplies
9) Matching
Fund
10) Transfer to
MY Fund
11) Donations
12) Local Match
13) Contributions
14) Appropriation
from Bond
Funds
15) Appropriation
from Literary
Loan
16) Appropriation
from Bond
Funds
17) Appropriation
from Bond
Funds
18) Appropriation
from Literary
Loan
19) Appropriation
from Bond
Funds
20) Appropriation
from Bond
Funds
21) Appropriation
from Bond
Funds
22) Schools
23) Due from
State
Literary
Fund
24) Due from
State
Literary
Fund
(030-060-6942-6311-06t 4)
(030-060-6001-6111-0588)
( 030-060-6007-6999-0911 )
(030-060-6941-1103)
(030-060-6942-1101)
(030-060-6942-1103)
(008-060-6082-6896-9001)
(008-060-6082-6896-9006)
(008-060-6083-6896-9001)
(008-060-6085-6896-9001)
(008-060-6085-6896-9006)
(008-060-6086-6896-9001)
(008-060-6087-6896-9001)
(008-060-6088-6896-9001)
(008-052-9701-9182)
(008-1320)
(008-1321)
$ 1,895.00
(2,000.00)
2,000.00
15,000.00
2,000.00
9,415.00
1,133,945.00
2,500,000.00
t,096,604.00
1,375,000.00
5,000,000.00
340,000.00
80,000.00
391,051.00
(4,416,600.00)
2,500,000.00
5,000,000.00
223
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 February, 1996.
No. 32822-020596.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Aporo_~riations
Traffic Engineering $ 1,475,300.00
Traffic Signals - Install New Signals (1) ...............232,000.00
Capital Improvement Reserve $ (4,882,589.00)
Public Improvement Bonds - Series 1996 (2) ........... (7,587,104.00)
1) Appropriated from
Bond Funds (008-052-9561-9001) $ 60,000.00
2) Streets and
Sidewalks (008-052-9701-9191 ) (60,000.00)
224
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 February, 1996.
No. 32823-020596.
A RESOLUTION memorializing the late John F. Gilbert.
WHEREAS, the members of this Council have learned, with sorrow, of
the passing on January 21, 1996, of John F. Gilbert;
WHEREAS, Mr. Gilbert, who was born in Staunton, Virginia, was a
pioneer television journalist in Western Virginia who began work at WSLS,
Channel 10, in May, 1953, just six months after the station went on the air, and
remained with the station for the next forty-two years, retiring on June 30, 1995;
WHEREAS, Mr. Gilbert first worked as a photographer and later as a
reporter, covering politics, government and the courts;
WHEREAS, Mr. Gilbert served as President of the Virginia Press
Photographers and received numerous citations and awards for his expert
photography and skillful news reporting;
WHEREAS, Mr. Gilbert was one of the first television reporters to cover
the Virginia General Assembly, and he provided outstanding coverage of a
momentous period in Virginia history;
WHEREAS, Mr. Gilbert was known to be tenacious in getting to the
bottom of a story, but also fair in presenting his coverage of the story; and
225
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 John F. Gilbert and extends to Mary Minter Jarrett Gilbert,
his widow, and two daughters, Diane Summerson Gilbert and Mary Jarrett Gilbert,
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. Gilbert and to the Manager of WSLS.
APPROVED
/'~ ~ ~'ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of February, 1996.
No. 32824-020596.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Utility Line Services Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Utility Line Services Capital Outlay $ 464,045.00
Vehicular Equipment (1) ........................... 131,588.00
226
Retained Earninps
Retained Earnings - Unrestricted (2) ................. $ 1,754,712.00
1) Vehicular
Equipment
2) Retained
Earnings -
Unrestricted
(016-056-2626-9010)
(016-3336)
$ 57,895.00
(57,895.00)
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 February, 1996.
No. 32825-020596.
A RESOLUTION accepting the bids for the purchase of vehicular
equipment, 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 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:
227
Item Quantity and Description Successful bidder Purchase
No Price
t Nine (9) new intermediate size automobiles Berglund Chevrolet, Inc. $121,174.02
2 Three (3) new intermediate size Berglund Chevrolet, Inc. $42,439.74
automobiles
3 Two (2) new mid-size pickup trucks Magic City Motor $26,038.40
Corporation
4 Three (3) new mid-size, extended cab Magic City Motor $41,239.62
pickup truck cab/chassis Corporation
5 One (1) new % ton extended cab pickup Pinkerton Chevrolet-GEO, $16,654.47
truck Inc.
6 One (1) new 15 passenger window van Berglund Chevrolet, Inc. $20,557.61
7 Two (2) new 4 wheel drive utility type Pinkerton Chevrolet-GEO, $46,022.04
vehicles Inc.
2. The City's Manager of Supply Management is hereby authorized
and directed to issue any required purchase orders for the purchase of such
vehicles, 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 vehicles, 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 David A. Bowers
City Clerk Mayor
228
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of February, 1996.
No. 32826-020596.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General and Grant Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
General Fund
ADDroDriations
Judicial Administration $ 94,744.00
Juvenile and Domestic Relations Court (1) ............ 94,744.00
Nondepartmental $ 52,027,839.00
Transfer to Other Funds (2) ......................... 51,016,149.00
Revenue
Grant-In-Aid Commonwealth $ 32,636,030.00
Virginia Juvenile Community Control Act (3-7) ......... 467,794.00
Grant Fund
Ap~ro_~riation
Health and Welfare $
VJCCCA -Youth Haven I (8-17) .....................
VJCCCA - Start Up Projects (18) ....................
VJCCCA- Outreach Detention (19-27) ................
VJCCCA - Juvenile Court Service Enhanced
Community Service (28-31) ........................
VJCCCA - Juvenile Court Service Street Law (32-35)
VJCCCA - Juvenile Court Service Intensive
Supervision (36-46) ..............................
2,619,569.00
26,197.00
31,463.00
23,281.00
10,916.00
6,916.00
50,184.00
229
VJCCCA - Juvenile Court Service Substance Abuse
Counseling (47-57) .............................. $
VJCCCA - Crisis Intervention Center Assaultive
Youth Program (58-69) ...........................
22,781.00
33,900.00
Revenue
Health and Welfare - Special Purpose
Virginia Juvenile Community Crime Control Act (70)
$ 2,616,569.00
205,578.00
1) Residential/
Detention
Services
2) Transfer to
Grant Fund
3) Outreach
Detention
4) Crisis
Intervention
5) Youth Haven I
6) Family
Oriented
Group Home
(FOGH)
7) VJCCCA
8) Regular
Employee
Salaries
9) ICMA RC
Retirement
10) FICA
11) Hospital-
ization
Insurance
12) Dental
Insurance
13) Life
Insurance
14) Fees for
Professional
Services
15) Admini-
strative
Supplies
(001-076-2130-2008)
(001-004-9310-9535)
(001-020-1234-0719)
(001-020-1234-0720)
(001-020-1234-0721)
(001-020-1234-0722)
(001-101-1234-0723)
(035-054-5050-1002)
(035-054-5050-1115)
(035-054-5050-1120)
(035-054-5050-1125)
(035-054-5050-1126)
(035-054-5050-1130)
(035-054-5050-2010)
(035-054-5050-2030)
(34,652.00)
205,578.00
(58,366.00)
(107,895.00)
(108,503.00)
(22,104.00)
467,794.00
13,750.00
1,719.00
1,052.00
1,050.00
55.00
48.00
4,980.00
1,000.00
230
16) Local Mileage
17) Program
Activities
18) Training and
Development
19) Regular
Employee
Salaries
20) ICMA RC
Retirement
21) FICA
22) Hospital-
ization
Insurance
23) Dental
Insurance
24) Life
Insurance
25) Telephone -
Cellular
26) Local Mileage
27) Equipment
Rental/Lease
28) Temporary
Employee
Wages
29) FICA
30) Admini-
strative
Supplies
31) Motor Fuels/
Lubricants
32) Temporary
Employee
Wages
33) FICA
34) Residential/
Detention
Services
35) Admini-
strative
Supplies
(035-054-5050-2046)
(035-054-5050-2066)
(035-054-5051-2044)
(035-054-5052-1002)
(035-054-5052-1115)
(035-054-5052-1120)
(035-054-5052-1125)
(035-054-5052-1126)
(035-054-5052-1130)
(035-054-5052-2021)
(035-054-5052-2046)
(035-054-5052-3070)
(035-054-5053-1004)
(035-054-5053-1120)
(035-054-5053-2030)
(035-054-5053-2038)
(035-054-5054-1004)
(035-054-5054-1120)
(035-054-5054-2008)
(035-054-5054-2030)
240.00
2,303.00
31,463.00
10,616.00
1,327.00
812.00
,050.00
55.00
37.00
300.00
,440.00
7,644.00
5,908.00
452.00
3,396.00
1,100.00
1,184.00
91.00
5,000.00
641.00
231
36) Regular
Employee
Salaries
37) Temporary
Employee
Wages
38) ICMA RC
Retirement
39) FICA
40) Hospital-
ization
Insurance
41) Dental
Insurance
42) Life
Insurance
43) Telephone -
Cellular
44) Admini-
strative
Supplies
45) Expendable
Equipment
46) Local Mileage
47) Regular
Employee
Salaries
48) Temporary
Employee
Wages
49) ICMA RC
Retirement
50) FICA
51) Hospital-
ization
Insurance
52) Dental
Insurance
53) Life
Insurance
54) Admini-
strative
Supplies
(035-054-5055-1002) $
(035-054-5055-1004)
(035-054-5055-1115)
(035-054-5055-1120)
(035-054-5055-1125)
(035-054-5055-1126)
(035-054-5055-1130)
(035-054-5055-2021)
(035-054-5055-2030)
(035-054-5055-2035)
(035-054-5055-2046)
(035-054-5056-1002)
(03S-OS4-S056-1004)
(035-054-5056-1115)
(035-054-5056-1120)
(035-054-5056-1125)
(035-054-5056-1126)
(035-054-5056-1130)
(035-054-5056-2030)
26,535.00
2,608.00
2,389.00
2,230.00
2,130.00
165.00
93.00
1,500.00
6,133.00
4,401.00
2,000.00
9,775.00
2,608.00
880.00
948.00
710.00
55.00
35.00
3,790.00
232
55) Expendable
Equipment
56) Training and
Development
57) Local Mileage
58) Regular
Employee
Salaries
59) Temporary
Employee
Wages
6O) ICMA RC
Retirement
61) FICA
62) Hospital-
ization
Insurance
63) Dental
Insurance
64) Life
Insurance
65) Fees for
Professional
Services
66) Admini-
strative
Supplies
67) Training and
Development
68) Local Mileage
69) Program
Activities
70) Virginia
Juvenile
Community
Crime
Control Act
(035-054-5056-2035)
(035-054-5056-2044)
(035-054-5056-2046)
(035-054-5057-1002)
(035-054-5057-1004)
(035-054-5057-1115)
(035-054-5057-1120)
(035-054-5057-1125)
(035-054-5057-1126)
(035-054-5057-1130)
(035-054-5057-2010)
(035-054-$057-2020)
(035-054-5057-2044)
(035-054-5057-2046)
(035-054-5057-2066)
(035-035-1234-7214)
2,400.00
1,000.00
580.00
17,849.00
4,384.00
1,978.00
1,367.00
1,575.00
83.00
64.00
2,000.00
600.00
1,000.00
2,000.00
1,000.00
205,578.00
233
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 February, 1996.
No. 32827-020596.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_~_~ropriations
Streets and Bridges $12,724,048.00
Hollins Road/Norfolk Avenue Bridge (1) .............. 321,868.00
Bridge Maintenance 95/96 (2) ....................... 168,650.00
1) Appropriated from
General Revenue
2) Appropriated from
General Revenue
(008-052-9696-9003)
(008-052-9549-9003)
$ (18,650.00)
18,650.00
234
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 5th day of February, 1996.
No. 32828-020596.
AN ORDINANCE accepting the bid of Allegheny Construction Company,
Inc., for the repair of the following five culverts/bridges: Ogden Road Culvert over
Murray Run (#8035); Mud Lick Road over Mud Lick Creek (#8019); Berkley Road over
Glade Creek (#8015); Crestmoor Road over Barnhart Branch (#8025); and
Shenandoah Avenue over Peters Creek (#8033), 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., made to the
City in the total amount of $120,350.00 for the repair of the following five
culverts/bridges: Ogden Road Culvert over Murray Run (~8035); Mud Lick Road over
Mud Lick Creek (#8019); Berkley Road over Glade Creek (#8015); Crestmoor Road
over Barnhart Branch (#8025); and Shenandoah Avenue over Peters Creek (#8033),
all as is more particularly set forth in the report to this Council dated February 5,
1996, 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.
235
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 February, 1996.
No. 32829-022096.
AN ORDINANCE authorizing the appropriate City officials to enter into
a Supplemental Lease Agreement between the City and the United States of
America, for use of space in the Commonwealth of Virginia Building by the
Bankruptcy Court, 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, in form approved by the City Attorney, a Supplemental Lease
Agreement extending for a one year term from February 1, 1996 through January 31,
1997, the lease agreement dated July 15, 1985 with the United States of America for
use of space in the Commonwealth of Virginia Building by the Bankruptcy Court, as
more fully set forth in the report to this Council dated February 5, 1996.
ATTEST:
Mary F.~'~iarker
City Clerk
APPROVED
David A. Bowers
Mayor
236
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of February, 1996.
No. 32830-022096.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 School and General Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
SchoolFund
AD_oroDriation~
Education
Title I Winter (1-6) ...............................
Arts Incentive Grant 1995-96 (7) ...................
Facilities (8-10) .................................
$102,607,404.00
2,596,775.00
293.00
2,808,344.00
Revenue
Education
Title I Winter (11) ................................
Arts Incentive Grant 1995-96 (12) ...................
Non-Operating (13) ...............................
$ 99,436,375.00
2,596,775.00
293.00
37,927,091.00
General Fund
A_~_~ro_~riations
Nondepartmental $ 53,038,732.00
Transfers to Other Funds (14) ....................... 52,030,197.00
Fund Balance
Capital Maintenance and Equipment Replacement
Program -School Unappropriated (15) ............... $ 412,948.00
237
1) Supervisors
2) Social
Security
3) Inservice
4) Transpor-
tation
Services
5) Service
Contracts
6) Contracted
Services
7) Instructional
Supplies
8) Jackson
Middle
School
Furniture &
Equipment
9) Inclement
Weather
(030-060-6149-6000-0124)
(030-060-6149-6000-0201)
(030-060-6149-6200-0129)
(030-060-6149-6200-0583)
(030-060-6149-6200-0332)
(030-060-6149-6200-0313)
(030-060-6820-6000-0614)
(030-060-6006-6681-0851 )
$ 4,114.00
27,451.00
20,000.00
15,210.00
10,000.00
20,000.00
293.00
175,000.00
Repairs (030-060-6006-6681-0851) 10,000.00
10) Roof
Replacement (030-060-6006-6896-0809) 34,626.00
11) Federal Grant
Receipts (030-060-6149-1102) 96,775.00
12) Federal Grant
Receipts (030-060-6820-1102) 293.00
13) Transfer from
General Fund (030-060-6000-1037) 219,626.00
14) Transfer to
School Fund (001-004-9310-9530) 219,626.00
15) CMERP -
School (001-3324) 219,626.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
M~ary F~. ark~r~~'~'~
APPROVED
City Clerk .................. Mayor
238
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 1996.
No. 32831-022096.
A RESOLUTION authorizing the execution of an amendment to the
agreement with the Roanoke Valley Drug and Alcohol Abuse Council to utilize
$8,618.00 remaining from its 1994-95 CDBG Agreement with the City of Roanoke.
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 amendment to the agreement with the Roanoke Valley Drug and
Alcohol Abuse Council, which amendment shall provide for the use of additional
CDBG funds in the amount of $8,618.00, said funds remaining from a previous 1994-
95 CDBG Agreement with the City, as set forth in the City Manager's report to this
Council dated February 20, 1996.
2. The form of the amendment shall be approved by the City
Attorney.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of February, t996.
No. 32832-022096.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
239
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appro_~riations
Parks, Recreation & Culture $ 5,231,592.00
Contributions - Cultural (1) ......................... 1,831,115.00
Nondepartmental $ 52,794,106.00
Contingency - General Fund (2) ...................... 289,754.00
1) Explore Park
2) Contingency
(001-002-7220-3758)
(001-002-9410-2199)
$ 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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of February, 1996.
No. 32833-022096.
A RESOLUTION supporting the location of a Visitor's Information Center
near the Blue Ridge Parkway.
WHEREAS, the local governments and groups interested in promoting
economic development and tourism in the Roanoke Valley have long endorsed the
construction of a major tourist visitor information center close to the Blue Ridge
Parkway; and
240
WHEREAS, an ad hoc advisory committee comprised of representatives
of the National Park Service, Roanoke County, City of Roanoke, City of Salem, Town
of Vinton, Roanoke Valley Convention and Visitors Bureau, Fifth District Planning
Commission, Salem-Roanoke County Chamber of Commerce, Roanoke Regional
Chamber of Commerce, Friends of the Blue Ridge Parkway, the Virginia Division of
Tourism, and Virginia's Explore Park recently concluded that the Visitor's
Information Center should be built on the site on the south side of the Roanoke River
adjacent to the Roanoke River Parkway, near the former baler building located on
the now closed regional landfill, and referred to as Site number 5 in the City
Manager's report to this Council dated February 20, 1996.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Council of the City of Roanoke endorses the proposal to
build a Visitor's Information Center at Site number $ near the Blue Ridge Parkway
and further offers its support to further the realization of this project.
2. The City Clerk is directed to forward attested copies of this
resolution to the Honorable John W. Warner, United States Senator, the Honorable
Charles S. Robb, United States Senator, the Honorable Robert W. Goodlatte,
Member, United States House of Representatives, Gary Everhardt, Superintendent,
National Park Service, Blue Ridge Parkway, Asheville, North Carolina, and Mary H.
Allen, Clerk, Roanoke County Board of Supervisors.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 1996.
No. 32834-022096.
A RESOLUTION expressing the intent of the City of Roanoke to be a
partner organization in The New Century Council and concurring in The New Century
Vision for Western Virginia.
241
WHEREAS, Beverly T. Fitzpatrick, Jr., Executive Director of the New
Century Council, met with City Council on Monday, October 23, 1995, and outlined
the visioning process used by The New Century Council and discussed some of the
important issues that have surfaced as a part of this visioning process; and
WHEREAS, The New Century Council has requested that the City of
Roanoke become a partner organization and that the City concur in the seven major
vision statements recommended by The New Century Council volunteers and
approved by The New Century Council Board;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council desires and intends that the City of Roanoke be a
partner organization in The New Century Council.
2. The City of Roanoke, as a partner organization, concurs in the
major vision statements adopted by The New Century Council volunteers and
approved by the New Century Council Board.
3. W. Robert Herbert, City Manager, is designated as the City's
contact person with The New Century Council.
4. The City's contact person is hereby authorized to nominate City
of Roanoke representatives to the seven vision implementation committees.
5. The City Clerk is directed to forward an attested copy of this
resolution to Beverly T. Fitzpatrick, Executive Director, The New Century Council.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
DavidA. Bowers
242
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 1996.
No. 32835-022096.
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 an
increase in 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, 1996, in order to be eligible for payment for the next fiscal year.
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 additional State street maintenance funds, as set forth in the City
Manager's report and its attachments, dated February 20, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of February, 1996.
No. 32836-022096.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Capital Projects Fund Appropriations, and providing for an emergency.
243
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Public Improvement Bonds -Series 1996 (1-8) ......... $ 23,772,896.00
1) Public Education
2) Streets and
Sidewalks
3) Bridges
4) Buildings
5) Storm Drains
6) Parks
7) Employee Parking
8) Economic
Development
(008-052-9701-9182)
(008-062-9701-9191)
(008-052-9701-9190)
(008-052-9701-9183)
(008-052-9701-9176)
(008-052-9701-9180)
(008-052-9701-9192)
(008-052-9701-9178)
$7,170,000.00
9,338,000.00
6,246,000.00
4,633,000.00
1,600,000.00
1,$00,000.00
1,000,000.00
813,000.00
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 20th day of February, 1996.
No. 32837-022096.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Grant Fund Appropriations, and providing for an emergency.
244
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
ADDroDriations
Community Development Block Grant FY95
Economic Development (1) ........................
Unprogrammed CDBG (2-6) ........................
Community Development Block Grant FY96
Unprogrammed CDBG (6-7) ........................
$ 3,373,762.00
1,175,778.00
298,028.00
$ 2,674,376.00
224,628.00
Revenue
Community Development Block Grant FY95 (8-19) ...... $ 3,373,762.00
Community Development Block Grant FY96 (20-22) ..... 2,$74,376.00
1) Hotel Roanoke
Section 108
Interest
2) Unprogrammed
CDBG -
Williamson
Road Garage
3) Unprogrammed
CDBG -
Home Purchase
Assistance
4) Unprogrammed
CDBG - RRHA
5) Unprogrammed
CDBG - Other
6) Unprogrammed
CDBG -
Williamson
Road Garage
7) Unprogrammed
CDBG - Other
8) Parking Lot
Income - RRHA
(035~94-9430-$135) $
(035-094-9440-5182)
(035-094-9440-5192)
(035-094-9440-5197)
(035-094-9440-5189)
(03S~9S-9540-5182)
(03S~9S-9540-5189)
(035-03S-1234-9502)
8,233.00
37,050.00
6,297.00
145,166.00
109,515.00
78,695.00
103,185.00
14,941.00
245
9) Other Program
Income - RRHA
10) Williamson Road
Garage Income
Loan Payment-
NNEO
Critical Home
Repair
11)
12)
13) Chemical & Paper
Loan Payment
14) TAP - SRO Loan
Payment
15) Home Ownership
Assistance
16) Wells Avenue
Land Sale
Gainsboro Land
Sale
Rental
Rehabilitation
Repayments
17)
18)
19) Conference
Center Section
108 Interest
Income
20) Williamson Road
Garage Income
21) Shaffers
Crossing
Land Sale
22) Deanwood
Land Sale
(035-035-1234-9503)
(035-035-1234-9507)
(035-035-1234-9509)
(035-035-1234-9513)
(035-035-1234-9515)
(035-035-1234-9520)
(035-035-1234-9522)
(035-035-1234-9526)
(035-035-1234-9528)
(035-035-1234-9540)
(035-035-1234-9542)
(035-035-1234-9607)
(035-035-1234-9627)
(035-035-1234-9629)
130,225.00
37,050.00
(167.00)
203.00
6,665.00
5,618.00
6,297.00
4,290.00
106,878.00
(13,972.00)
8,233.00
78,695.00
34,685.00
68,500.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
APPROVED
~"~X ~"~'~'ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
246
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 1996.
No. 32838-022096.
AN ORDINANCE amending subsections (a) and (b) of §32-221, Re_oorl;
and remittance, of Article IX. Admission~ Ti~x, of Chapter 32, Taxation, of the Code
of the City of Roanoke (1979), as amended, to allow with written approval of the
Director of Finance or his designee remittance of admission taxes by the twentieth
of the month following the date of the event or on a quarterly basis; and providing
for an emergency.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Subsections (a) and (b) of §32-221, Re_oort and remittance, of
Article IX. Admission~ Tax, of Chapter 32, Taxation, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordained to read
and provide as follows:
Article IX. Admissions Tax.
§32-221. Re_~)ort and remittance.
(a) The person collecting any admission tax under this
article shall make out a report, upon such forms and
setting forth such information as the director of finance
may prescribe and require, showing the amount of the
admission charge collected, exclusive of the federal tax
thereon, and the tax from the admissions for which he is
liable, and shall sign and deliver the same to the treasurer,
with a remittance of such tax. Such report and remittance
shall be made on or before the twentieth day of each
month covering the amount of tax collected during the
preceding month. Upon request of the person collecting
any admissions tax and the written approval of the
director of finance or his designee, the person collecting
any admissions tax may make such report and remittance
on the twentieth day of the month following the date of the
event.
247
(b) Any person operating a place of amusement or
entertainment whereat amusement or entertainment is
furnished regularly throughout the year may, upon written
application to, and with the written consent of, the director
of finance, or his designee, make reports and remittances
on a quarterly basis in lieu of the monthly basis provided
for in subsection (a) above. Such quarterly reports and
remittances shall be made on the twentieth day of April,
July, October and January in each year, and shall cover
the amounts collected during the three (3) months
immediately preceding the months in which reports and
remittances are required.
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 20th day of February, 1996.
No. 32839-022096.
AN ORDINANCE authorizing the appropriate City officials to execute a
quitclaim deed, modification agreement, and other necessary documents, in
connection with correcting the legal description of the parking deck levels in the
First Union Tower Building; authorizing acceptance of a deed conveying the
correctly described first three levels of the parking deck of the First Union Tower
Building to the City; and providing for an emergency.
248
WHEREAS, the ownership of the First Union Tower Building was
originally structured so that the City would own the lower three levels of the parking
deck, the Roanoke Redevelopment and Housing Authority ("RRHA") would own the
upper three levels of the parking deck, and Faison Roanoke Office Limited
Partnership ("Faison") would own all property above and below the parking deck;
WHEREAS, Faison has conveyed undivided interests in part of its
interest in the First Union Tower Building and surrounding land to Stephen W.
Lemon, Barbara B. Lemon, Sarah L. Ludwig, William J. Lemon, W. Tucker Lemon as
Trustee of the W. Tucker Lemon 1990 Living Trust, and Blue Ridge Highlands, Inc.
(the "Other Owners");
WHEREAS, a recent survey has revealed that the elevations used to
describe the levels of the parking deck were incorrect by six to eight feet; and
WHEREAS, the City, RRHA, Faison and the Other Owners of the First
Union Tower Building desire to correct any error caused by the incorrect legal
descriptions of the levels of the parking deck.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. The City Manager and the City Clerk are authorized to execute
and attest, respectively, on behalf of the City, the appropriate quitclaim deed, in form
approved by the City Attorney, conveying (a) the City's interest in all property below
the first three levels of the parking deck of the First Union Tower Building to Faison
and the Other Owners and (b) the City's interest in all property above the first three
levels of the parking deck of the First Union Tower Building to RRHA.
2. The City Manager and the City Clerk are authorized to execute,
seal and attest, respectively, on behalf of the City, a Modification of the Reciprocal
Operating Agreement dated September 6, 1991, by and among Faison, the City and
RRHA to correct the description of the levels of the parking decks.
3. The City Manager and the City Clerk are authorized to execute,
seal and attest, respectively, on behalf of the City, any other documents necessary
to correct the legal description of the parking deck levels of the First Union Tower
Building.
4. This Council hereby authorizes the acceptance, in form approved
by the City Attorney, of a deed conveying the first three levels of the parking deck
in the First Union Tower Building to the City.
249
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 force
and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of February, 1996.
No. 32840-022096.
A RESOLUTION changing the time and place of commencement of the
regular meeting of City Council scheduled to be held at 12:30 p. m., on Monday,
March 4, 1996.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The meeting of City Council regularly scheduled to be held at
12:30 p. m. on Monday, March 4, 1996, is hereby rescheduled to be held at 12:00
noon, Monday, March 4, 1996, in the Pocahontas Room at The Hotel Roanoke &
Conference Center, at 110 Shenandoah Avenue, N. W., 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
ATTEST:
Mary F. Parker
City Clerk
David A. Bow6rs
Mayor
250
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of March, 1996.
No. 32841-030496.
A RESOLUTION commending and congratulating Roanoke County on
the recent opening of the Spring Hollow Reservoir Project.
WHEREAS, the Spring Hollow Reservoir Project, which consists of the
reservoir and dam, the water treatment facility, a pump station, distribution storage,
· and transmission lines, was approved by County voters in a referendum in 1986; and
WHEREAS, construction on the dam began in 1993 and was completed
in 1994; and
WHEREAS, the dam rises 243 feet high and is 990 feet long and it is the
largest example of a roller compacted concrete dam on the east coast; and
WHEREAS, the dam was named the Clifford D. Craig Memorial Dam in
honor of the late Clifford Craig who was the County Utility Director during the critical
stages of the planning and construction of the Project; and
WHEREAS, the reservoir holds 3.2 billion gallons of water and is
capable, at peak capacity, of providing 23 million gallons per day (MGD) to Roanoke
Valley residents, and water to fill the reservoir is pumped from the Roanoke River
at a maximum rate of 80 million gallons per day and, in the case of upstream
contamination or during periods of Iow river flow, pumping operations can be
temporarily suspended; and
to filter and
Department
WHEREAS, the water treatment facility will use a state of the art process
disinfect the water, which facility was designed in-house by the Utility
staff; and
WHEREAS, the first water transmission lines for the project have been
installed in Southwest County following an 18 mile route around the base of Twelve
O'Clock Knob and Sugar Loaf Mountain to the Starkey/Tanglewood area, and the
northern water transmission lines will extend from the treatment plant north of the
1-81 corridor to the Hanging Rock area; and
WHEREAS, the Spring Hollow Reservoir Project will benefit all the
residents of the Roanoke Valley and will be able to meet the water supply needs of
Roanoke Valley residents well into the future.
251
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this resolution as a means of congratulating
and commending Roanoke County on the recent opening of the Spring Hollow
Reservoir Project.
2. The City Clerk is directed to forward an attested copy of this
resolution to Mary Allen, Clerk of the Roanoke County Board of Supervisors.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of March, 1996.
No. 32842-030496.
A RESOLUTION congratulating and commending the Virginia Tech
Hokies on an outstanding football season culminating in a great victory in the 62nd
Sugar Bowl.
WHEREAS, the Virginia Tech Hokies finished the 1995 football season
with a 10-2 record and ranked Number 10 in the final Associated Press poll;
WHEREAS, Virginia Tech won the Big East Conference Championship
and in doing so won a school record ten games in a row, including victories over
such highly-rated teams as University of Miami, Syracuse University, University of
Virginia and Southwest Conference Champion University of Texas;
WHEREAS, Virginia Tech's final victory came on New Year's Eve in the
Sugar Bowl in New Orleans before 70,283 fans where the Hokies soundly defeated
Number 9 ranked University of Texas by a score of 28-10 in a nationally televised
contest;
252
WHEREAS, in beating the Texas Longhorns, the Hokies came back to
win, just as they have all year, by shutting down a highly acclaimed running attack,
forcing four Texas turnovers and scoring 28 unanswered points;
WHEREAS, all of Western Virginia and the entire Commonwealth have
been excited by the stirring accomplishments of the Virginia Tech Hokies as
evidenced by the 30,000 Virginia Tech fans who traveled to New Orleans for the 62nd
Sugar Bowl contest;
WHEREAS, in its 102nd football season, Virginia Tech achieved its
highest ranking ever and in doing so brought great honor and acclaim to Virginia
Polytechnic Institute & State University, Western Virginia and the Commonwealth of
Virginia;
WHEREAS, one of the leaders of this great Virginia Tech team was
Cornell Brown, a native of nearby Lynchburg, who was a consensus First Team All
America at the defensive end position; and
WHEREAS, Roanoke City Council is desirous of extending special
recognition to its Hometown Team;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. On behalf of the City of Roanoke and all its people, this Council
extends its congratulations and highest commendations to the 1995 Virginia Tech
Hokies football team, Roanoke's Hometown Team, and Coach Frank Beamer on an
outstanding season culminating in the team's great Sugar Bowl victory.
2. The City Clerk is directed to forward an attested copy of this
resolution to Dr. Paul E. Torgersen, President, Virginia Polytechnic Institute & State
University, David Braine, Athletic Director, Frank Beamer, Head Coach, and Cornell
Brown.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
253
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of March, 1996.
No. 32843-030496.
AN ORDINANCE authorizing an Extraterritorial Arrest Agreement to be
entered into between the City and Roanoke County to provide for extraterritorial
arrest power when certain offenses are committed in the presence of an off-duty
officer of the City of Roanoke Police Department in Roanoke County or an officer of
the Roanoke County Police Department in the City of Roanoke; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The Mayor, members of the Roanoke City Council and the City
Manager are hereby authorized on behalf of the City to execute, and the City Clerk
is authorized to attest, an Extraterritorial Arrest Agreement between the City and
Roanoke County, Virginia, dated March 4, 1996, a copy of which is attached to the
report of the City Manager, dated March 4, 1996, providing that an officer of the
Roanoke City Police Department in Roanoke County, except in the Town of Vinton,
or an officer of the Roanoke County Police Department in the City of Roanoke shall
possess extraterritorial arrest powers to stop and effect arrests and otherwise
enforce the law with respect to any violation of a state law which an officer would be
required to act upon if working a tour of duty in his jurisdiction of employment, and
upon such other terms and conditions as are provided therein.
2. In order to provide for the usual operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker ~ David A. Bowers
City Clerk Mayor
254
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of March, 1996.
No. 32844-030496.
1996-1997
conditions.
A RESOLUTION approving the Roanoke Regional Airport Commission's
proposed operating and capital budget upon certain terms and
BE IT RESOLVED by the Council of the City of Roanoke that in
accordance with the requirements of the Roanoke Regional Airport Commission Act
and the Roanoke Regional Airport Commission Contract dated January 28, 1987, the
City of Roanoke hereby approves the Airport Commission's 1996-1997 proposed
operating and capital budget, as well as a separate listing of proposed capital
expenditures, as more particularly set forth in a report from the Commission to this
Council dated February 14, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of March, 1996.
No. 32845-030496.
A RESOLUTION authorizing the City Manager to execute an agreement
with the Virginia Department of Transportation for installation of short-arm gates at
the railroad crossing on Bridge Street, S. W., in connection with the Surface
Transportation Program.
BE IT RESOLVED by the council of the City of Roanoke that the City
Manager or his designee and the City Clerk are hereby authorized, on behalf of the
City to execute, seal and attest, respectively, in form approved by the City Attorney,
the Bridge Street Railroad Crossing Safety Project Agreement with the Virginia
255
Department of Transportation for installation of short-arm gates at the railroad
crossing on Bridge Street, S. W., in connection with the Surface Transportation
Program, as more particularly set forth in report of the City Manager dated March 4,
1996.
APPROVED
/'~ F~P]Parker Mary .
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of March, 1996.
No. 32846-030496.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ADDroDriations
Public Works
Parks Maintenance (1) .........................
$ 22,764,928.00
3,751,439.00
Revenue
Grants-In-Aid Commonwealth
Other Categorical Aid (2) ........................
$ 32,641,030.00
12,895,554.00
1) Project Supplies
2) SBA Tree Planting
Grant
(001-052-4340-3005)
(001-020-1234-0697)
5,000.00
5,000.00
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 March, 1996.
No. 32847-030496.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 t995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Ap_~ro_~riations
Public Works
Snow Removal (1-6) ............................
Public Safety
Jail (7) ........................................
Nondepartmental
Contingency -General Fund (8) ...................
$ 23,090,644.00
444,768.00
$ 35,805,613.00
7,003,425.00
$ 52,934,593.00
224,663.00
Revenue
Grant-in-Aid Federal Government
Flood Damage Reimbursements (9) ................
Snow Storm 96 Reimbursements (10) ..............
$ 147,793.00
14,000.00
110,000.00
257
1) Overtime Wages
2) FICA
3) Fees for
Professional
Services
4) Expendable
Equipment
< $1,000
5) Motor Fuels
and Lubricants
6) Chemicals
7) Reimbursement
8) Contingency
9) Flood Damage
Reimbursements
10) Snow Storm 96
Reimbursements
(001-052-4140-1003)
(001-052-4140-1120)
(001-052-4140-2010)
(001-052-4140-2035)
(001-052-4140-2038)
(001-052-4140-2045)
(001-024-3310-8005)
(001-002-9410-2199)
(001-020-1234-0707)
(001-020-1234-0714)
$187,049.00
14,309.00
36,225.00
2,000.00
3,595.00
87,538.00
(123,000.00)
(81,716.00)
14,000.00
110,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
David A-Bowers
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of March, 1996.
No. 32848-030496.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
258
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General and Capital Projects Fund
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
General Fund
ADDro_ariation~
Parks, Recreation and Cultural
Recreation (1) ..................................
Community Development
Community Education (2) ........................
General Government
Commissioner of Revenue (3) .....................
Public Safety
Crisis Intervention (4) ............................
Youth Haven I (5) ................................
Judicial Administration
Circuit Court (6) .................................
Public Works
Building Maintenance (7) ..........................
Parks Maintenance (8) ............................
Nondepartmental
Transfers to Other Funds (9) .......................
$ 5,214,117.00
1,408,586.00
$ 1,363,460.00
57,666.00
$10,133,894.00
954,946.00
$ 35,937,1t3.00
430,765.00
422,374.00
$ 4,004,374.00
181,242.00
$ 22,783,046.00
3,255,111.00
3,754,557.00
$ 53,174,309.00
52,174,149.00
Fund Balance
Reserved CMERP - City (10) ........................ $ 2,647,511.00
Ca_oital Pro_iects Fund
ADDro_ariations
Public Safety
Police Firearms Training Range (11)
1) Expendable
Equipment
2) Furniture and
Equipment
> $1,000
(001-052-7110-2035)
(001-054-8170-9005)
$ 9,561,146.00
158,000.00
$ 7,525.00
1,128.00
259
3) Expendable
Equipment
4) Other Equipment
5) Construction -
Other
6) Other Equipment
7) Construction -
Other
8) Other Equipment
9) Transfer to
Capital
Projects Fund
10) Reserved CMERP -
C~ty
11) Appropriated
from General
Revenue
(001-022-1233-2035) $ 840.00
(001-054-3360-9015) 4,000.00
(001-054-3350-9065)
(001-072-2110-9015)
(001-052-4330-9065)
(00t-052-4340-9015)
(001-004-9310-9508)
(001-3323)
(008-052-9676-9003)
4,500.00
2,100.00
15,000.00
8,118.00
158,000.00
(201,211.00)
158,000.00
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 4th day of March, 1996.
No. 32849-030496.
AN ORDINANCE amending §2-188.1, Reserve for self-insured liabilities,
Code of the City of Roanoke (1979), as amended, to increase the maximum balance
of the reserve for self-insured liabilities from one (1) percent to three (3) percent of
total general fund appropriations; and providing for an emergency.
260
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 2-188.1, Reserve for self-insured liabilities., Code of the
City of Roanoke (1979), as amended, is hereby amended and reordained to read and
provide as follows:
§2-188.1. Reserve for self-insured liabilities.
At the conclusion of each fiscal year, two hundred fifty
thousand dollars ($250,000.00), to the extent available from any
undesignated general fund balance at the end of such fiscal year,
shall be reserved for self-insured liabilities of the city. Under no
circumstances shall such reserve create a deficit in the general
fund. The maximum balance of the reserve shall be three (3)
percent of the total general fund appropriations for the
concluded fiscal year. Funds reserved for self-insured liabilities
shall be expended only pursuant to ordinance adopted by
council. The provisions of this section shall be implemented
prior to §2-189 of this Code relating to reserve for capital
improvements and capital maintenance and equipment
replacement.
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:
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of March, 1996.
No. 32850-030496.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
261
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of. the 1995-96 Sewage Treatment Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_o_oropriations
Capital Outlay
Murray Run Replacement MR-1 (1) ................
$ 21,084,684.00
202,007.00
Retained Earninqs
Retained Earnings - Unrestricted (2) ............... $18,806,102.00
1) Appropriated
from General
Revenue
2) Retained
Earnings -
Unrestricted
(003-056-8478-9003)
(003-3336)
$ 202,007.00
(202,007.O0)
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 March, 1996.
No. 32851-030496.
AN ORDINANCE accepting the bid of Aaron J. Conner, General
Contractor, Inc., for the Murray Run Sewer Replacement Project MR-l, 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.
262
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Aaron J. Conner, General Contractor, Inc., in the total
amount of $179,006.60, for the Murray Run Sewer Replacement Project MR-l, as is
more particularly set forth in the March 4, 1996 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
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 1996.
No. 32852-031896.
AN ORDINANCE authorizing execution of a deed granting a permanent
easement across City-owned property located at the Beaverdam Reservoir in
Bedford County for use as an access road by adjoining property owners, upon
certain terms and conditions.
263
BE IT ORDAINED by the Council of the City of Roanoke that the City
Manager, or his designee, and the City Clerk, are hereby authorized to execute and
attest, respectively, a Deed granting a permanent non-exclusive easement across
City-owned property, located in Bedford County and bearing Official Tax Map No.
120-A-10, for access to adjoining property owned by David Fore, et al, as shown on
the survey attached to the report of the Water Resources Committee dated
February 20, 1996, said deed to be in form approved by the City Attorney.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 1996.
No. 32853-031896.
A RESOLUTION congratulating and commending the University of
Virginia Cavaliers on an outstanding football season culminating in a great victory
at the Peach Bowl.
WHEREAS, the University of Virginia Cavaliers football team finished
the 1995 season with an excellent 9 - 4 record, as co-champions of the Atlantic Coast
Conference and ranked No. 16 in the final Associated Press poll;
WHEREAS, on November 2, 1995, in Charlottesville, the Cavaliers
defeated No. 2 ranked Florida State by a score of 33-28 in one of the greatest
victories in the history of Virginia football;
WHEREAS, on December 30, 1995, Virginia went up against a
dangerous University of Georgia football team in the Peach Bowl held in a packed
Georgia Dome, including 20,000 Virginia fans who traveled to Atlanta to support their
team;
WHEREAS, Virginia achieved a 34-27 victory in the Peach Bowl by virtue
of a dramatic last-minute kickoff return that went 83 yards for a touchdown;
264
WHEREAS, Virginia's outstanding team was led by two of the finest
football players ever to come out of the Roanoke Valley, twin brothers, Tiki and
Ronde Barber, who excelled at tailback and defensive back, respectively, and, who
each made First Team, All Atlantic Coast Conference;
WHEREAS, the 1995 University of Virginia football team achieved the
second highest ranking ever for a Virginia football team and brought great honor
and acclaim to the University of Virginia and the Commonwealth of Virginia; and
WHEREAS, Roanoke City Council is desirous of extending special
recognition to this outstanding tsam which includes great players from the Roanoke
Valley;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. On behalf of the City of Roanoke and its people, this Council
extends its congratulations and highest commendations to the 1995 University of
Virginia Cavaliers football team and Coach George Welch on an outstanding season
culminating in the team's great Peach Bowl victory.
2. The City Clerk is directad to forward an attested copy of this
resolution to Dr. John Casteen, President, Terry Holland, Athletic Director, George
Welch, Head Coach, Tiki Barber and Ronde Barber.
ATTEST: /'~
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 1996.
No. 32854-031896.
A RESOLUTION commending and congratulating the Roanoke Junior
Express Hockey Team on their outstanding season.
WHEREAS, the Roanoke Junior Express Hockey Team (ages 15, 16 and
17) plays in the Mid-Atlantic Division for Midget Hockey Teams;
WHEREAS, the Roanoke Junior Express placed second and won the
Bronze Medal in the International Junior Hockey Tournament held in Montreal,
Quebec, Canada, on February 23, 24 and 25, 1996;
WHEREAS, the Roanoke Junior Express Hockey Team won the Mid-
Atlantic Championship, placing first and winning the Gold Medal in the Mid-Atlantic
Tournament held on March 1, 2 and 3, 1996;
WHEREAS, the team will be playing in a Tier 2 Tournament in Maryland
on March 15, 16 and 17, 1996, with hopes of going on to compete in a National
Tournament;
WHEREAS, the team members are Scott Baker, Ryan Watson, Evan
Maxey, Steven Hamblen, Chad Whitworth, Jeremy Blair, Jeremy Brown, William
Spiller, Greg Hahn, Mark Tuggle, Kevin Duddy, Robert Smith, Patrick Savard, Dan
Pitman and Bryan Paiement, Stickboy;
WHEREAS, the team is coached by Dick Pitman, Head Coach, Dean
Watson, Assistant Coach, and Pierre Paiement, who served as a Special Coach
during the International Tournament in Montreal; and
WHEREAS, by achieving success in a sport for which our region is not
ordinarily noted, these outstanding young men have brought recognition and honor
to the City of Roanoke;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The Roanoke Junior Express Hockey Team is commended and
congratulated on the outstanding season they have had thus far, and this Council
extends to the team its best wishes for the team's continued success.
2. The City Clerk is directed to forward an attested copy of this
resolution to Dick Pitman, Head Coach, Dean Watson, Assistant Coach, and Pierre
Paiement, Special Coach.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
266
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 1996.
No. 32855-031896.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 School and General Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
SchoolFund
ADDropriation$
Education
Child Specialty Services 95-96 (1-2) .................
Facilities (3-4) ...................................
$102,633,819.00
54,037.0O
2,897,292.00
Revenue
Education $ 99,462,790.00
Child Specialty Services 95-96 (5) ................... 54,037.00
Non-Operating (6) ................................ 38,016,039.00
GeneralFund
AaoroDriatiolle
Nondepartmental $ 53,299,883.00
Transfers to Other Funds (7) ...................... 52,324,723.00
Fund Balance
Capital Maintenance and Equipment Replacement
Program - School Unappropriated (8) ................ $ 324,000.00
1) Travel (030-060-6529-6554-0614) $ 400.00
2) Equipment (030-060-6529-6554-0821) 2,300.00
267
3) Administrative
Financial
System (030-060-6006-6662-0821) $20,000.00
4) Roof
Replacement (030-060-6006-6896-0809) 68,948.00
5) State Grant
Receipts (030-060-6529-1 t00) 2,700.00
6) Transfer from
General Fund (030-060-6000-1037) 88,948.00
7) Transfer to
School Fund (001-004-9310-9530) 88,948.00
8) CMERP -
School (001-3324) 88,948.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
Ci~ Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 1996.
No. 32856-031896.
A RESOLUTION endorsing certain improvements to Interstate 581
consisting of the Interstate 581/Valley View Boulevard Interchange.
WHEREAS, the Roanoke City Planning Commission has recommended
by report dated March 6, 1996, that this Council endorse improvements to 1-581, said
improvements consisting of an initial phase for a partial interchange, approximately
one mile south of Hershberger Road, and ultimate improvements along 1-581 from
a location just north of Hershberger Road to a location just south of the proposed
interchange, a copy of which is on file in the Office of the City Clerk.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
268
1. That this Council endorses the recommended improvements to
1-581, and requests the Virginia Department of Transportation ('%fDOT") to program
a highway project on 1-581, said improvements consisting of an initial phase for a
partial interchange, thereby requiring a break in intsrstste access approximately one
mile south of Hershberger Road, and ultimate improvements along 1-581 from a
location just north of Hershberger Road to a location just south of the proposed
interchange, all of which is set forth in the City Manager's report dated March 18,
1996, to this Council.
2. That this Council requests VDOT and the Federal Highway
Administration to approve this additional access break on 1-58t.
3. That this Council has previously approved General Obligation
Public Improvement Bonds in the amount of $5 Million for the partial interchange.
4. That the process to amend the Roanoke Valley Long Range
Transportation Plan is scheduled for April, 1996.
5. That the City Clerk is directed to forthwith transmit attested
copies of this resolution to the City Planning Commission.
ATTEST:
Mary F. I~rker
APPROVED
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 1996.
No. 32857-031896.
A RESOLUTION authorizing the City Manager to execute an Agreement
with American Shows for the use and rental of Victory Stadium, upon certain terms
and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. That the City Manager or the Assistant City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, an Agreement with American Shows, for the use and rental of Victory
269
Stadium for auto racing, upon the terms and conditions set forth in the City
Manager's report dated March 18, 1996.
2. The form of the agreement shall be approved by the City Attorney.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 1996.
No. 32858-031896.
A RESOLUTION waiving the standard rental fee for the use of Victory
Stadium, and authorizing the City Manager to execute an Agreement with TRUST for
the use of Victory Stadium for a fundraiser, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. That the standard rental fee of eight percent (8%) of gross
receipts and a fiat fee of five hundred fifty dollars ($550.00) is hereby waived for said
fundraiser.
2. 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 TRUST, for the use of Victory Stadium, upon form
approved by the City Attorney, for a fundraiser to be held on April 19, 1996, from
12:00 p.m. to 9:00 p.m., upon the terms and conditions set forth in the City
Manager's report dated March 18, 1996, including the condition that TRUST will
reimburse the City for all direct expenses incurred by the City in connection with
such event.
ATTEST: //~C~,.,~-.
Mary F. Parker
City Clerk
APPROVED
Mayor
270
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 1996.
No. 32859-031896.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Consortium Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
A_o~ronriations
Fifth District Employment & Training
Consortium - FY95-96
Title II - C (1-10) .................................
Other Jurisdictional Contributions (11-12) ...........
Family Services (13-17) ...........................
$1,~?.~.,206.00
90,062.00
6,473.00
18,480.00
Revenue
Fifth District Employment & Training
Consortium - FY95-96 $1,444,206.00
Title II - C (18) .................................... 90,062.00
Other Jurisdictional Contributions (t9) ............... 6,473.00
Family Services (20) ............................... 18,480.00
1)Administrative
Wages
2)Administrative
Fringes
3)Training Wages
4)Training Fringes
5)Training
Communications
6)Training Supplies
7)Training
Insurance
8)Services Wages
· (034-054-9663-8350)
(034-054-9663-8351)
(034-054-9663-8050)
(034-054-9663-8051)
(034-054-9663-8053)
(034-054-9663-8055)
(034-054-9663-8056)
(034-054-9663-8030)
$ 5,615.00
1,000.00
9,500.00
2,000.00
250.00
755.00
400.00
12,000.00
271
9) Services Fringes
10)Services Supplies
11)Administrative
Insurance
12)Administrative
Miscellaneous
13) Wages
t4) Fringes
15) Communications
16) Supplies
17) Miscellaneous
18) Title II - C
Revenue
19) Other
Jurisdictional
Contributions
20) Family Services
Revenue
(034-054-9663-8031)
(034-054-9663-8035)
(034-054-9680-8356)
(034-054-9680-8360)
(034-054-9695-8350)
(034-054-9695-8351)
(034-054-9695-8353)
(034-054-9695-8355)
(034-054-9695-8360)
(034-034-1234-9663)
(034-034-1234-9680)
(034-034-1234-9695)
$ 2,500.00
2,345.00
4,073.00
2,400.00
14,235.00
2,920.00
100.00
325.00
900.00
36,365.00
6,473.00
18,480.00
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 March, 1996.
No. 32860-031896.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
272
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_~proDriation~
Streets and Bridges $13,034,998.00
Sidewalk and Curbs Phase I (1) .................... 310,950.00
Capital Improvement Reserve $(5,138,539.00)
Public Improvement Bonds - Series 1996 (2) .......... (1,508,573.00)
1) Appropriated from
Bond Funds
2) Streets and
Sidewalks
(008-052-9707-9001)
(008-052-9701-9191 )
$ 310,950.00
(310,950.00)
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 March, 1996.
No. 32861-031896.
AN ORDINANCE accepting the bid of H. & S. Construction Company, for
the construction of new concrete sidewalks, entrances, and curb and gutter
improvements throughout the City, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
273
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 $285,950.00, for the construction of new concrete sidewalks,
entrances, and curb and gutter improvements throughout the City of Roanoke, as
is more particularly set forth in the report to this Council dated March 18, 1996, 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
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 1996.
No. 32862-031896.
A RESOLUTION authorizing the execution of a Bulk Water Purchase
Agreement between the City of Roanoke and the Town of Vinton.
274
BE IT RESOLVED by the Council of the City of Roanoke as follows:
t. The Mayor and City Clerk am authorized, respectively, to execute
and attest, for and on behalf of the City a Bulk Water Purchase Agreement between
the City of Roanoke and the Town of Vinton.
2. The proposed Agreement would establish a minimum monthly
purchase of 500,000 gallons of water per month by the Town of Vinton from the City
of Roanoke, the trading of water between the City of Roanoke and the Town of
Vinton, a five-year term subject to PFG, Inc., or its successor remaining in operation,
the cost of bulk water purchases to equal the City rate times a multiplier of 1.25 for
water volume up to 1,500,000 gallons per month, and a multiplier of 1.50 for water
volume in excess of 1,500,000 gallons per month, renewable upon mutual agreement
of the parties, and being generally in the form of the attachment to the report to this
Council dated March 18, 1996.
3. The form of such Agreement shall be approved by the City
Attorney prior to execution.
4. The Clerk is directed to transmit an attested copy of this
resolution to the Clerk for the Town of Vinton.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 1996.
No. 32863-031896.
A RESOLUTION changing the time and place of commencement of the
regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday,
April 1, 1996.
BE IT RESOLVED by the Council of the City of Roanoke that:
275
1. The meeting of City Council regularly scheduled to be held at
12:30 p.m. on Monday, April 1, 1996, is hereby rescheduled to be held at 12:00 noon,
Monday, April 1, 1996, at the Crestar Bank Building, Mezzanine Level, 37 West
Church Avenue, 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
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 1996.
No. 32868-031896.
AN ORDINANCE amending Article III. S_oecial License Taxation, of
Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as
amended, by the addition of new Section 19-16.1, Exem_otion for craft shows, aH;
show~, et;., under ~;ertain circumstancee, to provide for exemption from taxation of
organizers of craft shows, art shows, trade shows and festivals held in public parks,
streets or sidewalks under certain circumstances; by the addition of new Section 19-
78.1, Craft shows, art shows, trade shows and festivals, to provide for the imposition
of a license tax upon the organizer of a craft show, art show, trade show and festival
and the exemption from license tax for the individual exhibitors; amending Section
19-80, Street and other sellers, of the Code of the City of Roanoke (1979); and
providing for an emergency.
WHEREAS, the City of Roanoke did on Sunday, March 10, 1996, duly
and legally publish in The Roanoke Times, a newspaper having general circulation
in the City, a notice of the proposed change in local license tax imposed upon the
organizer, manager, or conductor of a craft show, art show, trade show or festival;
and
276
WHEREAS, a public hearing was held on said proposed change by this
Council at its regular meeting on March 18, 1996, at 7:00 p.m., after due and timely
notice thereof by publication in The Roanoke Times, at which hearing all citizens
were afforded the opportunity to be heard on said proposed change.
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Article III. S_oecial License Taxation, of Chapter 19, License Tax
Code, of the Code of the City of Roanoke (1979), as amended, be, and is hereby,
amended and reordained to read and provide as follows:
Article III. Special License Taxation.
§19-16.1.
Exemption for craft shows, art shows, etc.,
under certain circumstance~,
Nothing contained in this chapter shall be construed to
require the payment of a local license tax under this
chapter for a craft show, art show, trade show or festival
as defined in section 19-78.1 provided the person who
organizes, manages, conducts, or sponsors such an event
has entered into a contract with the City establishing the
terms and conditions of the use of the public park, street
or sidewalk.
§19-78.1. Craft shows, art shows, trade shows
and festivals.
(a) A craft show, art show, trade show or festival shall
mean any event operating under the auspices of a single
organizer, manager, conductor, or sponsor and consisting
of a group of five (5) or more separate and distinct
vendors selling or offering for sale goods, wares, or
merchandise at a specific location in a public park, street,
or sidewalk for a period of less than 15 days during any
license tax year.
277
(b) There is imposed upon every person who organizes,
manages, conducts or sponsors a craft show, art show,
trade show or festival in the City a license tax of $3.00 for
each vendor selling or offering for sale goods, wares, or
merchandise at such show or festival during a single day
or any portion of such day. The total license tax due and
owing pursuant to this section shall not exceed $500.00
per tax year.
(c) No person selling or offering for sale goods, wares, or
merchandise at a craft show, art show, trade show or
festival shall be liable for any license taxation on gross
receipts or required to obtain a license pursuant to any
other provision of this chapter as a result of participating
in such show or festival if the organizer, manager,
conductor, or sponsor of such show or festival obtains a
license and pays the license tax provided in this section.
(d) This section shall have no application to the
following:
(1) Wholesale merchants or peddlers who are covered
by section t9-81 of this chapter;
(2) Persons selling meats, milk, butter, eggs, poultry,
fish or other seafood, game, vegetables, fruits or
other family supplies of a perishable nature or farm
products which have been raised, grown, caught or
harvested by the seller and not purchased by the
seller for resale;
(3)
Persons selling used or secondhand household
goods or personal effects or handcraft items from
flea market stalls; and
(4)
Persons selling their own used or secondhand
household goods or personal effects from their
place of abode to the extent such sales are
permissible under the Code of the City of Roanoke
(1979), as amended.
278
2. Section 19-80, Street and other sellers, of Article III. S_oecial
License Taxatiorh of Chapter 19, License Tax Code of the Code of the City of
Roanoke (t 979), as amended, is hereby amended and reordained to read and provide
as follows:
§19-80. Street or other sellem.
Effective March 18, 1996 there is imposed upon every
transient person who carries and exhibits wares upon his
person and who sells such wares on the streets or in or
about the public places of this city during a parade for a
period of fourteen (14) days or less per tax year a license
tax of six dollars ($6.00) per week.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of April, 1996.
No. 32864-040196.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City.
WHEREAS, Woodrow C. Hickman, Jr., has made application to the
Council for the City of Roanoke to have the hereinafter described property rezoned
from LM, Light Manufacturing District, to RM-I, Residential Multi-family, Low Density
District; and
279
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on March 18, 1996, 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. 111 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That certain tract of land located at 1010 Norfolk Avenue, S. W., and
designated on Sheet No. 11t of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 1110805, be, and is hereby rezoned from LM, Light Manufacturing
District, to RM-1, Residential Multi-family, Low Density District, as requested in the
Petition filed in the Office of the City Clerk on January 11, 1996, and that Sheet
No. 111 of the Zone Map be changed in this respect.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
280
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 1996.
No. 32865-040196.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 256, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
WHEREAS, Lee Hartman has made application to the Council of the City
of Roanoke to have the hereinafter described property rezoned from RM-1,
Residential Multi-family, Low Density District, to C-2, General Commercial District,
subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public healing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on March 18, 1996, 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. 256 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
The rear portion of a tract of land measuring 75 feet by 246 feet, more
or less, located off of Cove Road, N. W., and designated on Sheet No. 256 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2560134, be, and is
hereby rezoned from RM-1, Residential Multi-family, Low Density District, to C-2
General Commercial District, subject to the proffers contained in the First Amended
281
Petition filed in the Office of the City Clerk on February 8, 1996, subject to any
changes required by the City during site plan review, and that Sheet No. 256 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 1st day of April, 1996.
No. 32866-040196.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 402, Sectional 1976 Zone Map of the City of Roanoke, to
rezone certain property within the City subject to certain conditions proffered by the
applicant.
WHEREAS, Habitat for Humanity in the Roanoke Valley, Inc., has made
application to the Council of the City of Roanoke to have the hereinafter described
property rezoned from HM, Heavy Manufacturing District, to RM-1, Residential
Multifamily, Low Density District, subject to certain conditions proffered by the
applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on March 18, 1996, 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
282
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the
opinion that the hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That certain tract of land located on Albemarle Avenue, S. E., and
designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax Nos. 4022213, 4022214 and 4022215, be, and is hereby rezoned from HM,
Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District,
subject to the proffers contained in the Second Amended Petition filed in the Office
of the City clerk on February 23, 1996, subject to any changes required by the City
during site plan review, and that Sheet No. 402 of the Zone Map be changed in this
respect.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 1996.
No. 32867-040196.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 548, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
WHEREAS, Springwood Associates, 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
and RPUD, Residential Planned Unit Development, subject to certain conditions
proffered by the applicant; and
283
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on March 18, 1996, 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, a public meeting on this matter was held on April 1, 1996;
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. 548 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That certain 13.8-acre parcel of land lying on the north end of Griffin
Road, adjacent to the east side of Franklin Road, S. W., U. S. Route 220, and
designated on Sheet No. 548 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 5480712, be, and is hereby rezoned from RS-3, Single Family
Residential District, to C-2 General Commercial District and RPUD, Residential
Planned Unit Development, subject to the proffers contained in the Sixth Amended
Petition filed in the Office of the City Clerk on March 18, 1996, subject to any
changes required by the City during site plan review, and that Sheet No. 548 of the
Zone Map be changed in this respect.
APPROVED
Mary F. Parker
City Clerk
David A. Bowers
Mayor
284
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 1996.
No. 32869-040196.
A RESOLUTION congratulating and commending Center in the Square
for receiving one of the 25 National Excellence Awards for The City Summit
presented by the U. S. Department of Housing and Urban Development in
recognition of Center in the Square's innovative approach to urban revitalization.
WHEREAS, Center in the Square provides rent free space, marketing
assistance, and administrative services for arts, cultural and historical organizations
serving the Roanoke Valley area;
WHEREAS, thousands of children and adults have benefited by access
to arts and entertainment provided at Center in the Square;
WHEREAS, since Center in the Square's creation, new businesses have
invested and opened in the downtown area, adding new life and job opportunities
to an area that many had considered lost to deterioration and crime;
WHEREAS, as a recipient of the National Excellence Award, Center in
the Square will provide a useful model that other communities across the country
and throughout the world may adopt to address problems of rapid urbanization and
to initiate world-wide action to improve shelter and living environments;
WHEREAS, by sharing their experience and knowledge at the Second
United Nations Conference on Human Settlements (Habitat II), also known as The
City Summit to be convened in Istanbul, Turkey in June 1996 to address problems
of rapid urbanization and to initiate world-wide action to improve shelter and living
environments, the Center in the Square will help government, nonprofit, and private
organizations from around the world make their cities, towns and villages healthy,
safe, equitable and sustainable; and
WHEREAS, Roanoke City Council is desirous of extending special
recognition to Center in' the Square for its outstanding creative solutions to pressing
urban challenges.
that:
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
285
1. On behalf of the City of Roanoke and its citizens, this Council
extends its congratulations and highest commendations to the Center in the Square
for its receipt of one of the 25 National Excellence Awards for The City Summit
presented by the U. S. Department of Housing and Urban Development.
2. The City Clerk is directed to forward an attested copy of this
resolution to Dr. James C. Sears, President and General Manager of Center in the
Square.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 1996.
No. 32871-040196.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Capital Projects, Water, and 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 1995-96 Capital Projects, Water, and Sewage Treatment
Fund Appropriations, be, and the same are hereby, amended and reordained to read
as follows, in part:
Capital Prqiects Fund
A_o_r)ro_oriafions
Capital Improvement Reserve $ 21,775,377.00
Public Improvement Bonds - Series 1996 (1) ......... 19,089,030.00
286
Streets and Bridges $12,931,314.00
Peters Creek Road Extension (2) ................... 670,083.00
Water Fund
Aoorooriationa
Capital Outlay $ 24,422,690.00
Peters Creek Road Extension (3) .................. 117,502.00
Retained Earnin_,a
Retained Earnings - Unappropriated (4) ............. 25,737,006.00
Sewaae Treatment Fund
Ao_oro_oriations
Capital Outlay $ 21,034,599.00
Peters Creek Road Extension (5) ................... 602,321.00
Retained EarnJng~
Retained Earnings - Unrestricted (6) ................ 18,856,186.00
1) Streets and
Sidewalks
2) Appropriated
from Bond
Funds
3) Appropriated
from General
Revenue
4) Retained
Earnings -
Unrestricted
5) Appropriated
from General
Revenue
6) Retained
Earnings -
Unrestricted
(008-052-970t-9191)
(008-052-9595-900t)
(002-056-8384-9003)
(002-3336)
(003-056-8472-9003)
(003-3336)
$(207,266.00)
207,266.00
41,245.00
(41,245.00)
151,922.00
(151,922.00)
287
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 April, 1996.
No. 32872-040196.
A RESOLUTION authorizing the acceptance and execution of the
agreement between the City and the Commonwealth of Virginia, Department of
Transportation, as well as all utility agreements for adjustment of water and sewer
facilities, in connection with Phase II of the Peters Creek Road Extension Project
(Project No. 0117-128-101, C-502, B-601, B-602); providing for the allocation of the
City's remaining share of the project cost; 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, as well as all utility agreements necessary for the adjustment of
water and sewer facilities, for the construction of Phase II of the Peters Creek Road
Extension Project (Project No. 0117-128-101, C-502, B-601, B-602), located within the
City limits, and allocating $380,431.69 for the City's share of the cost of Phase II of
the project, and additional $5,000.00 for the separate purchase of one new traffic
signal controller and cabinet, and an additional $15,000.00 for street lighting at the
southern end of this project, upon certain terms and conditions, as more specifically
set forth in the report to this Council dated April 1, 1996.
288
Attorney.
2. The form
ATTEST:
Mary F. Parker
City Clerk
of all agreements shall be approved by the City
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 1996.
No. 32873-040196.
A RESOLUTION accepting the bids for the purchase of personal
computers and related equipment, 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 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 the report to this Council
dated April 1, 1996, any alternates and in each bidder's proposal, are hereby
ACCEPTED, at the purchase price set out with each item:
Item # Successful Bidder Cost
Items #1-10, 16, 17 & 18 CS Business Systems, Inc. 213,851.00
Item #11 Microland, Inc. 7,973.00
Item #12 NCI Norvell Consulting, Inc 899.95
Item #13 AmeriData 950.00
Item #15 Azarat Marketing Group 745.00
Items #14, 19 & 20 MPX, IncD 4,313.00
289
2. The City's Manager of Supply Management is hereby authorized
and directed to issue any required purchase orders for the purchase of such
computer equipment, 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 computer equipment, 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
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 1996.
No. 32874-040196.
A RESOLUTION authorizing acceptance of a 23rd Judicial District
Juvenile Drug Dealers' Intervention Program Grant from the Virginia Department of
Criminal Justice Services on behalf of the City, authorizing execution of any and all
necessary documents to comply with the terms and conditions of the grant and
applicable laws, regulations, and requirements pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The 23rd Judicial District Juvenile Drug Dealers' Intervention
Program Grant from the Virginia Department of Criminal Justice Services, in the
amount of $38,625.00, as set forth in the City Manager's report dated April 1, 1996,
is hereby ACCEPTED.
2. W. Robert Herbert, City Manager, or his designee, and the City
Clerk are hereby authorized to execute, seal and attest, respectively, any and all
requisite documents, and to furnish such additional information as may be required
290
in connection with the City's acceptance of this grant, to comply with the terms and
conditions of the grant and all applicable laws, regulations and requirements
pertaining thereto.
3. All documents to be executed on behalf of the City shall be
approved as to form by the City Attorney.
APPROVED
ATTEST:
Mary F. Parker '~ avl . owers
City Clerk Mayor
Utility Line
emergency.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 1996.
No. 32876-040196.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Services and Water Fund Appropriations, and providing for an
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Utility Line Services and Water Fund
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
Utility_ Line Services Fund
ApproDriations
Operating $ 3,112,233.00
Utility Line Services (1) ............................ 3,112,233.00
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
291
Retained Earnina_s
Retained Earnings - Unrestricted (2) ................. $ 1,537,606.00
Water Fund
ADDroDriations
Capital Outlay $ 24,656,445.00
Coyner Springs Waterline (3) ....................... 275,000.00
Revenue
NonOperating Revenue $ 523,030.00
Transfer from Utility Line Services (4) ................ 275,000.00
1) Transfer to
Water Fund
2) Retained
Earnings -
Unrestricted
3) Appropriated from
General Revenue
4) Transfer from
Utility Line
Services
(016-056-2625-9502)
(016-3336)
(002-056-9600-9003)
(002-020-1234-1151)
$ 275,000.00
(275,000.00)
275,000.00
275,000.00
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
292
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of April, 1996.
No. 32877-040196.
AN ORDINANCE accepting the bid of J. P. Turner and Brothers
Incorporated for the installation of a water main and appurtenances extending from
the existing 16 inch main on Route 460, then following Route 660 to the City-owned
facilities at Coyner Springs, 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 $247,994.75, for the installation of a water main and appurtenances
extending from the existing 16 inch main on Route 460, then following Route 660 to
the City-owned facilities at Coyner Springs, as more particularly set forth in the
April 1, 1996, 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.
293
4. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 1996.
No. 32879-040196.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Sewage Treatment Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_~oroDriations
Capital Outlay $ 20,917,677.00
III Property Rights Acquisition (1) .................. 155,000.00
Retained Earnings
Retained Earnings -Unrestricted (2) ................ $18,973,108.00
1) Appropriated
from General
Revenue
2) Retained
Earnings -
Unrestricted
(003-056-8464-9003)
(003-3336)
$ 35,000.00
(36,000.00)
294
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 1st day of April, 1996.
No. 32880-040196.
AN ORDINANCE providing for the acquisition of property rights needed
by the City for the construction of the Peters Creek (PC-3) Sewer Interceptor 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; and proving for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the construction of the Peters Creek (PC-3) Sewer Interceptor
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, to this Council dated
April 1, 1996, 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
permanent easements, temporary construction easements, and appropriate ancillary
rights with respect to the parcels, for such consideration as the City Manager may
deem appropriate, subject to the limitation set out below and subject to applicable
statutory guidelines. All requisite documents shall be upon form approved by the
City Attorney.
2. The City Manager is directed to offer on behalf of the City to the
owners of each of the aforesaid parcels, such consideration as he deems
appropriate for the necessary interests, provided, however, the total consideration
offered or expended shall not exceed $35,000.00 without further authorization of
295
Council. Upon the acceptance of any offer and upon delivery to the City of a deed,
approved as to form and execution by the City Attorney, the Director of Finance is
directed to pay the respective consideration to the owners of the interest conveyed,
certified by the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any real
estate 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
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.
5. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of April, 1996.
No. 32882-040196.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
296
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
ADDroDriations
Streets and Bridges $12,754,048.00
Three Bridges Replacement (1) .................... 133,500.00
Capital Improvement Reserve $ 21,952,643.00
Public Improvement Bonds - Series 1996 (2) .......... 19,266,296.00
1) Appropriated from
Bond Funds
2) Bridges
(008-052-955t-9001)
(008-052-9701-9190)
$ 30,000.00
(30,000.00)
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 April, 1996.
No. 32883-040196.
AN ORDINANCE providing for the acquisition of property rights needed
by the City for the Brambleton Avenue, Cove Road and Peachtree Road Bridge
Replacement Projects; 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.
297
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the Brambleton Avenue, Cove Road and Peachtree Road
Bridge Replacement Projects, the City wants and needs certain easements, together
with temporary construction easements and rights of ingress and egress, as more
specifically set forth in the report and attachments thereto to this Council dated
April 1, 1996, 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
easements and appropriate ancillary rights with respect to the parcels, for such
consideration as the City Manager may deem appropriate, subject to the limitation
set out below and subject to applicable statutory guidelines.
2. The total consideration offered or expended for the parcels shall
not exceed $30,000.00 without further authorization of Council. Upon the
acceptance of any offer and upon delivery to the City of a deed, approved as to form
and execution by the City Attorney, the Director of Finance is directed to pay the
respective consideration to the owners of the interest conveyed, certified by the City
Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any real
estate 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
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 the 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.
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:
City Clerk
APPROVED
David A. Bowers
Mayor
298
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of April, 1996.
No. 32870-041596.
AN ORDINANCE authorizing the execution of a Request for Permit
agreement with Plantation Pipeline Company to allow a crossing of its pipeline
facilities with a sanitary sewer line in connection with the Tinker Creek Interceptor
Sewer Replacement Project, 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 Request for Permit with Plantation Pipeline
Company to permit a crossing of its pipeline facilities with a sanitary sewer line in
connection with the Tinker Creek Interceptor Sewer Replacement Project, upon
certain terms and conditions, as more particularly set forth in the report and its
attachment to this Council dated April 1, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of April, 1996.
No. 32875-041596.
AN ORDINANCE extending the Food/Beverage Concession Management
Contract agreement between the City of Roanoke and The Swanson Corporation for
a period of three years with an option by the City to extend the contract for up to two
additional years unless terminated sooner by either party pursuant to Section 4 of
the contract.
299
WHEREAS, the Roanoke Civic Center Commission has decided that the
Food/Beverage Concession Management Contract between the City of Roanoke and
The Swanson Corporation should be extended for a period of three years with an
option by the City to extend the contract for up to two additional years unless
terminated sooner by either party pursuant to Section 4 of the contract; and
WHEREAS, the Roanoke Civic Center Commission has reported to the
Council of the City of Roanoke the above decision for implementation.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The Food/Beversge Concession Management Contract agreement
dated May 1, 1991, between the City of Roanoke and The Swanson Corporation
providing for food/beverage concession services for the Roanoke Civic Center,
pursuant to the terms of that contract, is hereby extended for a period of three
additional years from May 1, 1996, and terminating April 30, 1999, and providing that
the City at its option may extend the term of the contract for up to two additional
years unless terminated sooner by either party pursuant to Section 4 of the contract
and that the terms and conditions of the contract will otherwise remain the same, all
as more particularly set forth in the report to this Council dated April 1, 1996.
2. The City Manager or the Assistant City Manager and the City
Clerk are hereby authorized on behalf of the City to execute and attest, respectively,
the contract extension with The Swanson Corporation, said contract to be in such
form as is approved by the City Attorney.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of April, t996.
No. 32878-041596.
AN ORDINANCE authorizing the extension of the Lease and Agreement,
as amended, between the City and Virginia Polytechnic Institute and State
University, of the space located at t 1 t-t t 7 Church Avenue, S. W., upon certain terms
and conditions.
3OO
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, an extension of the Lease and Agreement, dated May 2, 1989,
as amended, between the City and Virginia Polytechnic Institute and State University
("VPI"), for the lease of the space located at 111-117 Church Avenue, S. W., at a rate
of $1.00 per year, and to commence as of August 1, 1996 and go through July 31,
1997; said lease renewal to be for a one (1) year term, with automatic renewal for up
to four additional one-year terms, unless terminated by VPI or the City in writing at
least three (3) months prior to the expiration of the renewal term; such lease to be
in form approved by the City Attorney and to contain such terms and conditions as
are set out in the report to this Council dated April 1, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of April, t996.
No. 32881-041596.
AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the sale and conveyance of property owned by the City and
located at the northwest corner of Liberty Road and Hillcrest Avenue, N. W., 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 and on behalf of the City, to execute and attest, respectively, the
necessary documents providing for the sale of City-owned property located at the
northwest corner of Liberty Road and Hillcrest Avenue, N. W., identified as Lot 20,
Block 2, Map of Meadow Land, and bearing Official Tax Map No. 2071420, to C. M.
Vandergrift, for the sum of $7,500.00, upon the terms and conditions more
particularly set forth in the Water Resources Committee's report and attachments
dated April 1, 1996.
301
2. All documents 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 15th day of April, 1996.
No. 32884-041596.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 t995-96 School and General Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
School Fund
A_o_oro_oriations
Education
Project Success Program (1) .....................
Facilities (2-3) ..................................
$102,931,59t .00
28,600.00
3,095,316.00
Revenue
Education
Project Success Program (4) ......................
Non-Operating (5) ...............................
$ 99,760,562.00
28,600.00
38,214,063.00
302
General Fund
Appropriations
Nondepartmental $ 53,543,521.00
Transfers to Other Funds (6) ..................... 52,680,747.00
Fund Balance
Capital Maintenance and Equipment Replacement
Program -School Unappropriated (7) ............... $
125,976.00
1) Tuition (030-060-6931-6100-0312) $ 8,100.00
2) Elementary
Technology (030-060-6006-6002-0826) 20,000.00
3) Modular
Buildings (030-060-6006-6681-0829) 178,024.00
4) Contributions (030-060-6931-1103) 8,100.00
5) Transfer from
General Fund (030-060-6000-1037) 198,024.00
6) Transfer to
School Fund (00t-004-9310-9530) 198,024.00
7) CMERP -
School (001-3324) (198,024.00)
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 15th day of April, 1996.
No. 32885-041596.
A RESOLUTION establishing the date of a special meeting of the
Council of the City of Roanoke.
303
BE IT RESOLVED by the Council of the City of Roanoke that a Special
Meeting of Council will be held on the April 29, 1996, at 7:00 p.m., in the Exhibit Hall
of Roanoke Civic Center, 710 Williamson Road, N. E., in said City, for the purpose
of holding a public hearing to consider (1) the proposed City budget for 1996-1997;
(2) to consider the proposed real estate tax rate as required by §58.1-3321, Code of
Virginia (1950), as amended; and (3) to consider the recommended 1996-1997 HUD
funding budget.
APPROVED
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of April, 1996.
No. 32886-041596.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A_o_oroDriations
Community Development
Depf. of Planning and Community Development (1) ....
Nondepartmental
Contingency (2) ..................................
$ 1,363,460.00
798,235.00
$ 53,308,997.00
116,993.00
1) Fees for
Professional
Services
(00t -052-8110-201 O)
$ 35,000.00
304
2) Contingency
(001-002-9410-2199) $ (35,000.00)
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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of April, 1996.
No. 32887-041596.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A_r)_oro_Driations
Parks, Recreation and Cultural
Recreation (1) ..................................
Parks Maintenance (2) ...........................
Revenue
Miscellaneous Revenue
Miscellaneous (3) ...............................
1) Expendable
Equipment
< $1,000
$ 5,258,987.00
1,423,456.00
3,764,557.00
$ 363,599.00
293,099.00
(001-052-7110-2035) $ 15,000.00
3O5
2) Construction
Other
3) Reebok Trust
Award
(001-052-4340-9065)
(001-020-1234-0895)
5,000.00
20,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of April, 1996.
No. 32888-041596.
A RESOLUTION authorizing acceptance of the settlement award from
the Commonwealth of Virginia; and authorizing execution of the necessary
documents, on behalf of the City, to comply with the terms and conditions of such
award.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the settlement award
from the Commonwealth of Virginia in the amount of $20,000.00, upon the terms and
conditions, as set out in the Council report dated April 15, 1996.
2. The City Manager, or the Assistant City Manager, and the City
Clerk, are authorized to execute, seal and attest, respectively, for and on behalf of
the City, the requisite documents, approved as to form by the City Attorney,
necessary to comply with the terms and conditions of the Grant.
ATTEST: :~, PO.~--/~..
Mary F.~P rker
City Clerk
APPROVED
Mayor
3O6
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th daY of April, 1996.
No. 32889-041596.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
A_Doro_~riations
Health and Welfare $ 2,385,416.00
Rehabilitative Incentive Services Grant (1) ........... 25,290.00
Revenue
Health and Welfare $ 2,385,416.00
Rehabilitative Incentive Services Grant (2) ........... 25,290.00
1) Fees for
Professional
Services
2) State Grant
Receipts
(035-054-5193-2010)
(035-035-1234-7215)
25,290.00
25,290.00
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
307
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The lSth day of April, 1996.
No. 32890-041596.
A RESOLUTION urging the passage and implementation of S. 849 which
is pending before the United States Senate.
WHEREAS, S. 849 which has been passed by the United State House
of Representatives and is now pending before the United States Senate permits
localities to impose a maximum hiring age for police and firsfighters and a
mandatory retirement age for such employees; and
WHEREAS, this legislation is supported by a broad-based coalition of
organizations, including the Virginia Municipal League, the National League of
Cities, the U.S. Conference of Mayors, the International Association of Chiefs of
Police, and the International Association of Firefighters, as well as many cities and
counties throughout the country; and
WHEREAS, this legislation would permit the imposition of a mandatory
retirement age and a maximum entry level age for persons holding critical public
safety positions, if such restrictions were deemed in the best interests of the
citizens of the City; and
WHEREAS, such legislation would provide the City with flexibility in its
personnel employment and retirement systems with possible enhancement of the
safety and well being of the citizens of the City at large as well as those persons who
ars serving in public safety capacities and could also result in a substantial savings
in tax dollars by reducing workers' compensation claims and disability rstirsment
claims.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that:
1. This Council urges the adoption and implementation of S. 849.
308
2. The City Clerk is directed to provide a certified copy of this
resolution to the Honorable John W. Warner, Member, United States Senate, and the
Honorable Charles S. Robb, Member, United States Senate.
APPROVED
ATTEST:
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of April, 1996.
No. 32892-041596.
A RESOLUTION amending the Roanoke City Thoroughfare Plan, an
element of Roanoke Vision, the City's Official Comprehensive Plan for Roanoke.
WHEREAS, the necessity has arisen to consider, revise and update the
Roanoke City Thoroughfare Plan, adopted in 1993; and
WHEREAS, by Resolution No. 32856-031896, this Council endorsed
improvements to 1-581, consisting of an initial phase for a partial interchange,
approximately one mile south of Hershberger Road, and ultimate improvements
along 1-581 from a location just north of Hershberger Road to a location just south
of the proposed interchange;
WHEREAS, the improvements eliminate a proposed connection from
Valley View Boulevard to Tenth Street, N. W., via Andrews Road, N. W., and instead
connect Valley View Boulevard to 1-581 with an interchange; 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
April 15, 1996, 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 plan
amendment.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
309
1. That this Council hereby amends the Roanoke City Thoroughfare
Plan, an element of Roanoke Vision, the City's official Comprehensive Plan, by
proposing connection of Valley View Boulevard to 1-581 with an interchange, and
eliminating the proposed connection from Valley View Boulevard to Tenth Street,
N. W., via Andrews Road, N. W.
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 David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of April, 1996.
No. 32893-041596.
A RESOLUTION approving the amendment to the Roanoke Valley Area
Long Range Transportation Plan (t995-2015).
WHEREAS, the necessity has arisen to consider, revise and update the
Roanoke Valley Area Long Range Transportation Plan (1995-2015);
WHEREAS, this Council has endorsed improvements to 1-581,
consisting of an initial phase for a partial interchange, approximately one mile south
of Hershberger Road, and ultimate improvements along 1-581 from a location just
north of Hershberger Road to a location just south of the proposed interchange;
WHEREAS, the highway planning process for this 1-581 project requires
an amendment to the Roanoke Valley Area Long Range Transportation Plan (1995-
2015);
WHEREAS, a public meeting was held on Tuesday, April 2, 1996, which
provided interested parties an opportunity to evaluate the proposed project and this
project amendment; and
310
WHEREAS, the Roanoke Valley Area Long Range Transportation Plan
(1995-2015) must be a fiscally constrained plan.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. That this Council hereby amends the Roanoke Valley Area Long
Range Transportation Plan (1995-2015), by adding a project on 1-581 from
Hershberger Road to a location approximately one mile south of Herehberger Road
for a new interchange and a collector distributor roadway system and deleting the
improvements to 1-581 from Elm Avenue to Orange Avenue, all of which is more
specifically set forth in the Planning Commission's report dated April 15, 1996, to
this Council.
2. That the City Clerk is directed to forthwith transmit attested
copies of this resolution to the City Planning Commission.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32891-050696.
AN ORDINANCE authorizing the Mayor to execute an Agreement
between the County of Roanoke and the City of Roanoke relating to the boundary
line between said governmental entities, and authorizing certain other actions
relating to such boundary line adjustment.
WHEREAS, the Council deems it appropriate in order to further the
public health, safety and welfare to relocate portions of the boundary line between
the City of Roanoke and the County of Roanoke in accordance with the provisions
of §15.1-1031.1 through §1031.3 of the Code of Virginia (1950), as amended ("State
Code"); and
311
WHEREAS, relocation of the boundary line between such governmental
entities in the areas proposed will permit more effective and efficient delivery of
municipal services; and
WHEREAS, the Planning Commission has recommended to the Council
establishment of a new boundary line at certain points between the City of Roanoke
and the County of Roanoke, as set out in its report dated April 15, 1996, to this
Council; and
WHEREAS, the County of Roanoke, through its administration, has
indicated its support for the boundary relocation as set forth in the Planning
Commission's report dated April 15, 1996, to this Council; and
WHEREAS, the Council concurs in the recommendation of the Planning
Commission as set forth in its report dated April 15, 1996.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. This Council approves the concept of the adjustment of the
boundary line between the City of Roanoke and Roanoke County as set forth in the
Planning Commission's report dated April 15, 1996, to this Council.
2. The Mayor and the City Clerk be, and hereby are, authorized to
execute and attest, respectively, an Agreement, between the City of Roanoke and the
County of Roanoke, in form approved by the City Attorney, establishing a new
boundary line at certain points between said jurisdictions as more particularly
described in the Planning Commission's report dated April 15, 1996, to this Council,
all of which is incorporated by reference herein, subject to this Council's
reconsideration of this matter at a public hearing held on a later date as required by
law.
3. The City Manager is authorized to take, or cause to be taken, such
actions as may be necessary to effect and prepare a survey of said boundary
adjustment at no cost to the City, in accordance with the terms and conditions as set
forth in the Planning Commission's report dated April 15, 1996, to this Council.
4. The boundary line set forth in said Agreement shall be described
by metes and bounds.
5. Upon execution of the Agreement between the governmental
entities, and further consideration by this Council as required by law, the City
Attorney is authorized to participate in appropriate legal proceedings in the Circuit
312
Court of one of the affected jurisdictions, and to execute appropriate pleadings,
orders and decrees, approved as to form by him, to relocate the boundary line in
accordance with the Planning Commission's report dated April 15, 1996, to this
Council.
6. Upon the execution of the Agreement between the governmental
entities in accordance with law, the City Clerk is authorized to cause the description
of such boundary line, as agreed upon, to be duly published in accordance with law,
at no cost to the City.
7. The Mayor and City Attorney are authorized to take, or cause to
be taken, such other actions, and to execute other documents as may be required
by law to effect the change in the boundary line as set forth herein, and the City
Clerk is authorized to attest such documents, consistent with the Planning
Commission's report dated April 15, 1996, to this Council, at no cost to the City.
8. Upon entry of an order by the Circuit Court establishing the new
boundary line in accordance with law, the City Clerk is directed to forward a certified
copy of such order to the Secretary of the Commonwealth.
9. The City Clerk is directed to forward an attested copy of this
ordinance to the Clerk of the Board of Supervisors for Roanoke County.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32894-050696.
A RESOLUTION recognizing the meritorious service rendered to this
City and its people by Gordon E. Peters, City Treasurer.
WHEREAS, after thirty years of service to the City, including eighteen
years as City Treasurer, Gordon E. Peters has announced his retirement effective
May 31, 1996;
313
WHEREAS, the people of this City have demonstrated their confidence
in Mr. Peters by electing him to the Constitutional Office of Treasurer on five
separate occasions;
WHEREAS, Mr. Peters has given unselfishly of his time and ability and
served the City with the utmost loyalty and devotion, displaying the highest
professionalism and competence, and, in particular, attributes of honesty, integrity,
friendliness, thoroughness, precision and attention to detail; and
WHEREAS, during his long tenure with the City, Mr. Peters has
developed a broad understanding of the financial operations of the City, and as such
he will be sorely missed by the City of Roanoke, its officers and employees;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the Council adopts this means of recognizing and commending the outstanding
public service rendered to the City by Gordon E. Peters, City Treasurer.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32895-050696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
314
AD_oroDriations
Judicial Administration
Commonwealth's Attorney (1,2) .....................
Revenue
$ 4,033,093.00
955,693.00
Mary F. Parker
City Clerk
1) Expendable
Equipment <$1,000
2) Furniture and
Equipment >$t ,000
3) Commonwealth's
Attorney
(001-020-1234-0610)
27,549.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
APPROVED
(001-026-2210-2035)
(001-026-2210-9005)
$ 298.00
27,251.00
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32896-050696.
A RESOLUTION concurring in reclassification by the State
Compensation Board of a position in the Office of Commissioner of Revenue.
WHEREAS, the State Compensation Board reimburses the City of
Roanoke for one-half of all State approved salaries in the Office of Commissioner of
Revenue; and
David A. Bowers
Mayor
Grants-in-Aid Commonwealth $ 32,668,579.00
Commonwealth's Attorney (3) ....................... 686,653.00
315
WHEREAS, the Board has recently approved, subject to concurrence
of City Council, reclassification of a position in the Commissioner's Office;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council concurs in the reclassification of one position in the
Office of Commissioner of Revenue as approved by the State Compensation Board
and described in more detail in a letter from Bruce W. Haynes, Executive Secretary,
State Compensation Board, to The Honorable Mareha Compton Fielder,
Commissioner of Revenue, dated April 2, 1996.
2. The Clerk is directed to forward an attested copy of this
resolution to Mr. Haynes.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32897-050696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A_o_~ro_oriations
General Government
Risk Management (1,2) ............................
$10,274,291.00
619,598.00
316
Fund Balance
Reserved for Insurance Claims - City (3) .............. $ 2,100,373.00
1) Self Insurance
Automobile
Liability Claims
2) Litigation Settle/
Judgement
3) Reserved for
Insurance Claims-
City
(001-002-1262-2172)
(001-002-1262-2179)
(001-3327)
$105,349.00
11,048.00
(116,397.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32898-050696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
General and Fleet Management Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General and Fleet Management Fund
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
317
General Fund
AD_aroDriation$
Nondepartmental $ 53,527,727.00
Transfers to Other Funds (1) ...................... 52,666,453.00
Fund Balance
Reserved CMERP - City (2) ........................ $ 2,466,621.00
Fleet Mana_uement Fund
ADDroDriations
Fleet Management Capital Outlay (3) ................ $ 3,148,235.00
Revenue
NonOperating $ 320,453.00
Transfer from General Fund (4) ..................... 295,453.00
1) Transfer to
Fleet
Management
Fund
2) Reserved CMERP-
city
3) Vehicular
Equipment
4) Transfer from
General Fund
(001-004-9310-9517)
(001-3323)
(017-052-2642-9010)
(017-020-1234-0951 )
80,890.00
(80,890.00)
80,890.00
80,890.00
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
318
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32899-050696.
A RESOLUTION accepting the bid for the purchase of a Rubber Tired
Loader from Baker Brothers, Inc., 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 Baker Brothers, Inc., to purchase one new
Rubber Tired Loader at a total cost of $80,890.00, is hereby ACCEPTED.
2. The City's Manager of Supply Management if hereby authorized
and directed to issue any required purchase orders for the purchase of such
mowers, and the City Manager or the Assistant City Manager is authorized to
execute, for and on behalf of the City, any required documents with respect to the
aforesaid items, such documents 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.
ATTEST:
~Mary~ar~r
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32901-050696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Capital Projects, Water, and Sewage Treatment Fund Appropriations, and providing
for an emergency.
319
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Capital Projects, Water, and Sewage Treatment
Fund Appropriations, be, and the same are hereby, amended and reordained to read
as follows, in part:
CaDital Pro_iects Fund
A_o_oroDriation~
Streets and Bridges
Brandon Avenue Widening (1) ....................
Water Fund
A_DDro_oriations
Capital Outlay
Brandon Avenue Widening (2) .....................
Retained Earnina_s
Retained Earnings - Unrestricted (3) ................
Sewa~ae Treatment Fund
ADDroDriation~
Capital Outlay
Brandon Avenue Widening (4) .....................
Retained Earninas
Retained Earnings - Unrestricted (5) ................
1) Appropriated
from General
Revenue
2) Appropriated
from General
Revenue
19,004,341.00
(002-056-8385-9003)
263,783.00
$13,191,856.00
212,858.00
$ 24,645,228.00
263,783.00
25,514,469.00
$ 21,088,452.00
3,768.00
(008-052-9604-9003) $156,858.00
320
3) Retained
Earnings -
Unrestricted
4) Appropriated
from General
Revenue
5) Retained
Earnings -
Unrestricted
(002-3336)
(003-056-8479-9003)
(003-3336)
$(263,783.00)
3,768.00
(3,768.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32902-050696.
AN ORDINANCE authorizing the City Manager to enter into an
agreement with the Virginia Department of Transportation for the widening of
Brandon Avenue from Edgewood Street to the west corporate limits, and to execute
all utility agreements for adjustment of water and sewer facilities in connection with
the 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 the City Clerk,
are hereby authorized to execute and attest, for and on behalf of the City, an
agreement with the Virginia Department of Transportation, providing for the
widening of Brandon Avenue (Project No. 0011-128-F02, PE-101, RW-201, C-501, B-
602, D-601, D-603), and to execute all utility agreements for adjustment of water and
sewer facilities in connection with the project, as more specifically set forth in the
report and attachments thereto to this Council dated May 6, 1996, on file in the Office
of the City Clerk.
321
Attorney.
The form of the agreements shall be approved by the City
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32903-050696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
General, Transportation, 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 1995-96 General, Transportation, and Utility Line Services
Fund Appropriations, be, and the same are hereby, amended and reordained to read
as follows, in part:
General Fund
AD_oroDriation~
Parks, Recreation and Cultural
Libraries (1) ...................................
Recreation (2) .................................
$ 5,265,740.00
1,989,966.00
1,420,209.00
322
Public Works
Parks Maintenance (3-4) ..........................
Public Safety
Fire Operations (5) ...............................
Health and Welfare
Health Department (6) ............................
Nondepartmental
Transfers to Other Funds (7) .......................
$ 23,194,825.00
3,835,620.00
$ 35,864,443.00
10,353,830.00
$ 19,101,080.00
1,094,890.00
$ 53,521,832.00
52,705,254.00
Fund Balance
Reserved CMERP - City (8) ......................... $ 2,470,429.00
Trans_oortation Fund
Appropriations
Operating $ 2,498,023.00
Church Avenue Parking Garage (9) ................... 176,645.00
Revenue
NonOperating $ 945,337.00
Transfer from General Fund (10) ..................... 897,172.00
Utili~Line Services Fund
A_o_~ro_oriations
Operating $ 3,308,528.00
Utility Line Services Capital Outlay (11) ...............471,295.00
Retained Earnings
Retained Earnings - Unrestricted (12) ................. $1,805,357.00
1) Fees for
Professional
Services
2) Expendable
Equipment
3) Construction -
Other
4) Other Equipment
(001~S4-7310-2010)
(001~52-7110-2035)
(001-052-4340-9065)
(001~52.4340-9015)
15,000.00
11,753.00
57,821.00
18,242.00
323
5) Other Equipment
6) Furniture and
Equipment
· $1,000
7) Transfer to
Transportation
Fund
8) Reserved CMERP -
City
9) Maintenance -
Buildings
10) Transfer from
General Fund
11) Other Equipment
12) Retained
Earnings -
Unrestricted
(001-050-3213-9015)
(001-054-5110-9005)
(001-004-9310-9507)
(001-3323)
(007-056-8220-2050)
(007-020-1234-1037)
(016-056-2626-9015)
(016-3336)
40,200.00
9,558.00
24,507.00
(177,081.00)
24,507.00
24,507.00
7,250.00
(7,250.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32904-050696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
324
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General and Fleet Management Fund
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
General Fund
ADDrooriations
Nondepartmental
Transfers to Other Funds (1) ......................
Public Works
Parks Maintenance (2) ............................
$ 53,446,837.00
52,585,563.00
$ 23,078,762.00
3,756,717.00
Fund Balance
Reserved CMERP - City (3) ........................ $ 2,547,511.00
Fleet Manaaement
A_o_oro_~riations
Fleet Management Capital Outlay (4) ................ $ 3,067,345.00
Revenue
NonOperating $ 239,563.00
Transfer from General Fund (5) ..................... 214,563.00
1) Transfer to
Fleet
Management
Fund (001-004-9310-9517) $ 102,840.00
2) Other
Equipment (001-052-4340-9015) (2,840.00)
3) Reserved
CMERP - City (001-3323) (100,000.00)
4) Other
Equipment (017-052-2642-9015) 102,840.00
5) Transfer from
General Fund (017-020-1234-0951 ) 102,840.00
325
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32905-050696.
A RESOLUTION accepting the bid for the purchase of two new 16 foot
rotary mowers from Virginia Turf and Irrigation Company, upon certain terms and
conditions; and rejecting all other bids made of such items
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The bid submitted by Virginia Turf and Irrigation Company to
purchase two new 16 foot rotary mowers at a total cost of $102,840.00, is hereby
ACCEPTED.
2. The City's Manager of Supply Management is hereby authorized
to issue any required purchase orders for the purchase of such mowers, and the
City Manager of the Assistant City Manager is authorized to execute, for and on
behalf of the City, any required documents with respect to the aforesaid mowers,
such documents 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:
ary F. Parker David A Bowers
City Clerk Mayor
326
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32906-050696.
A RESOLUTION approving the granting of a leave of absence for
educational purposes to Carla L. James, an employee of the City Library.
BE IT RESOLVED by the Council of the City of Roanoke that this
Council APPROVES the granting of a leave of absence to Carla L. James, Library
Associate, in the City Library, for the period of August 22, 1996 through August 21,
1997, for the purpose of completing the requirements for a Master's Degree in
Library and Information Science from the University of North Carolina at
Greensboro; such approval, however, being made expressly subject to said
employee's written agreement to abide by each and every term and provision of §2-
45, Code of the City of Roanoke (1979), as amended, and such rules and regulations
as may be promulgated by the City Manager; such written agreement 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 6th day of May, 1996.
No. 32907-050696.
A RESOLUTION authorizing the City Manager to enter into a contract
with Total Action Against Poverty (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
327
contract with Total Action Against Poverty (TAP), subject to program funding, in
order to provide certain program services for the City, as more particularly set forth
in the report and attachments to this Council dated May 6, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32908-050696.
AN ORDINANCE to amend §22.1-2, Definition~, §22.1-39, Definitions,
§22.1-49, Optional spousal allowance, §22.1-67, Or)tional or modified retirement
allowance, and §22.1-68, Pensions to spouses of retired memben~ or membem
eli_~ible to retire, Code of the City of Roanoke (1979), as amended, to amend the
definition of "creditable service", to amend the definition of "average final
compensation" for purposes of the Employees' Supplemental Retirement System
(ESRS), to provide for restoration of a member's retirement allowance under ESRS
if such member's spouse predeceases him or her after the member has selected an
optional spousal allowance and to delete the provision of ESRS that terminates a
spousal allowance upon remarriage of a spouse, to provide for restoration of a
members's modified retirement allowance under the Employees' Retirement System
(ERS) if such member's beneficiary predeceases him or her after the member has
selected a modified retirement allowance and to provide that a spousal benefit upon
the death of a member of ERS shall continue for the life of the surviving spouse; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
Section 22.1-2, Definitions, §22.1-39, Definition~, §22.1-49, Optional
spousal allowance, §22.1-67, Optional or modified retirement allowan¢e, and §22.1-
68, Pensions to spouses of retired members or members eli_eible to retire, Code of
the City of Roanoke (1979), as amended, are hereby amended and reordained to read
and provide as follows:
328
§22.1-2. Definitions.
The following words and phrases, as used herein,
shall have the following meanings, unless a different
meaning is plainly required by the context. Words
importing male gender shall be construed to include
female, and singular words shall be deemed to include
plural and plural words shall be deemed to include
singular, whenever appropriate. Additional definitions
appear in each article governing a particular system. The
definitions herein apply throughout the city plan unless
the system specifies a different meaning.
Creditable service shall mean membership service
plus prior service. For a member who has unused
extended illness leave pursuant to §2-55 of this Code and
the regulations established by the city manager pursuant
to §2-53(b) and §2-55(a) of this Code, seventy-five (75)
percent of such member's unused extended illness leave
balance upon the date of retirement shall be converted to
creditable service not to exceed one (1) year of creditable
service; provided no member shall use conversion of
extended illness leave to meet vesting requirements of
ESRS or ERS, and no retirement allowance for any
member converting extended illness to creditable service
shall exceed sixty (60) percent of average final
compensation.
§22.1-39. Definitions.
Avera~_e final compensation shall mean the average
annual earnable compensation, as defined by §22.1-2, of
a member during the thirty-six (36) consecutive months of
creditable service yielding the highest such average prior
to retirement.
System shall mean the Employees' Supplemental
Retirement System of the City of Roanoke hereinafter
referred to as the ESRS.
§22.1-49. ODtional sDousal allowartce.
Until the effective date of retirement, any member
may elect to convert the retirement allowance otherwise
payable to him into an optional spousal allowance of
equivalent actuarial value in accordance with one (1) of
the optional forms set out below. If an optional spousal
allowance is selected and the spouse dies before the
member, the member's pension allowance shall, as of the
first day of the next month after the death of the member's
spouse, be increased by an amount equal to the amount
by which the pension allowance was reduced at the date
of retirement by virtue of the member's election of a
spousal allowance. The member's spouse, if any, shall be
required to sign the election form designated by the
board, when the member applies for retirement. A spouse
must be married to the member at retirement and one (1)
year prior to death of the member or retired member to be
eligible for a spousal allowance. The spousal allowance
shall continue until the death of the spouse. A member's
election of an optional spousal allowance shall be
irrevocable. A spousal benefit shall be reduced by any
workers' compensation benefit as provided for in §22.t-9.
The optional forms are as follows:
329
§22.1-67. ODtional or modified retirement allowance.
Until the effective date of retirement, any member
may elect to convert the retirement allowance otherwise
payable to him into a modified retirement allowance of
equivalent actuarial value in accordance with one (1) of
the optional forms set out below. If a modified retirement
allowance is selected and the beneficiary dies before the
member, the member's pension allowance shall, as of the
first day of the next month after the death of the member's
beneficiary, be increased by an amount equal to the
amount by which the pension allowance was reduced at
the date of retirement by virtue of the member's election
of a modified retirement allowance. A modified retirement
allowance shall continue until the death of the beneficiary.
A member's election of a modified retirement allowance
shall be irrevocable. The optional forms are as follows:
330
§22.1-68. Pensions to spouses of retired members or
membem Qli~lible to retire.
Upon the receipt of proof, satisfactory to the board,
(i) of the death, on or after July 1, 1973, of a member in
active service after the completion of twenty (20) or more
years of creditable service or after the attainment of age
sixty (60), or (ii) of the death of a member who retired on
or after July 1, 1973, or of the death of a former member in
receipt of a vested allowance pursuant to §22.1-64, a
pension shall be payable to the surviving spouse,
commencing on the day next following the date of death
of the member, retired member or former member in
receipt of a vested allowance and ceasing upon the death
of the spouse; provided, that the spouse was married to
the retired member or former member at the time that
payment of his benefit commenced; that the spouse was
married to the member, retired member or former member
for at least one (1) year prior to his death; and that the
member, retired member or former member had not made
an optional election under §22.1-67 which was in full force
and effect. The amount of the pension shall be one-half of
the retirement allowance or vested allowance to which the
member was entitled or would have been entitled had he
retired at the time of death under the provisions of §22.1-
63(a)(2), or under the provisions of §22.1-62; provided,
however, that if the surviving spouse is more than sixty
(60) months younger than the member, the benefit will be
reduced by one-sixth (116) of one (1) percent for each full
month in excess of sixty (60) months. A spousal benefit
shall be reduced by any workers' compensation benefit as
provided for in §22.1-9.
2. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect on and after June 1, 1996.
ATTEST:
M' M'~ary F.~'~ppa rk e~
City Clerk
APPROVED
David A. Bowers
Mayor
331
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32909-050696.
A RESOLUTION rejecting all bids for the Biological Aerated Filter
Treatment System for the expansion and upgrade of the Water Pollution Control
Plant Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. All bids received by the City for the Biological Aerated Filter
Treatment System for the expansion and upgrade of the Water Pollution Control
Plant Project, are hereby REJECTED.
2. The City Clerk is directed to notify all bidders and to express to
each the City's appreciation for said bids.
3. The City Manager is authorized to make any changes in the scope
of the project or the procurement documents deemed advisable and to cause the
revised project to be readvertised for bids.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32910-050696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
332
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A_o_oro_oriations
Public Works $ 23,518,246.00
Street Paving (1) ................................. 1,476,865.00
Fund Balance
Capital Maintenance and Equipment Replacement
Program -City Unappropriated (2) ................... $ 2,264,414.00
1) Fees for
Professional
Services
2) CMERP - City
Unappropriated
(001-052 -4120-201 O)
(001-3323)
$ 383,097.00
(383,097.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32911-050696.
AN ORDINANCE accepting the bid of Adams Construction Company,
for paving and profiling of various streets, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the City for the
work; and providing for the emergency.
333
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Adams Construction Company, made to the City in the
total amount of $1,375,786.00, 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 6, 1996, 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 6th day of May, 1996.
No. 32915-050696.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Capital Projects Fund Appropriations, and providing for an emergency.
334
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the t995-96 Capital Projects Fund Appropriations, be, and
the same ars hereby, amended and reordained to read as follows, in part:
ApDroDriations
Capital Improvement Reserve
Public Improvement Bonds -Series 1992A (1) ........
Sanitation
Storm Drain Project- Villa Heights (2) ...............
$ 21,571,689.00
2,302,754.00
$ 3,175,277.00
40,000.00
1) Storm Drains
2) Appropriated
from Bond
Funds
(008-052-9700-9176)
(008-052-9689-9001)
$(4o,ooo.oo)
40,000.00
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 6th day of May, 1996.
No. 32916-050696.
AN ORDINANCE providing for the acquisition of property rights needed
by the City for the construction of the Villa Heights Storm Drainage 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; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
335
1. For the construction of the Villa Heights Storm Drainage Project,
the City wants and needs permanent and temporary construction easements, and
rights of ingress and egress, as more specifically set forth in the report and
Attachment "A" thereto, to this Council dated May 6, 1996, 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 permanent easements, temporary construction
easements, and appropriate ancillary rights with respect to the parcels, for such
consideration as the City Manager may deem appropriate, subject to the limitation
set out below and subject to applicable statutory guidelines. All requisite
documents shall be upon form approved by the City Attorney.
2. The City Manager is directed to offer on behalf of the City to the
owners of each of the aforesaid parcels, such consideration as he deems
appropriate for the necessary interests, provided, however, the total consideration
offered or expended shall not exceed $4,000.00 without further authorization of
Council. Upon the acceptance of any offer and upon delivery to the City of a deed,
approved as to form and execution by the City Attorney, the Director of Finance is
directed to pay the respective consideration to the owners of the interest conveyed,
certified by the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any real
estate 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
the owner be unknown, the City Attorney is authorized and directed to institute
condemnation 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.
5. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
336
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32917-050696.
A RESOLUTION approving the recommendation of the Roanoke Valley
Regional Cable Television Committee to approve the annual operating budget for
Fiscal Year 1996-97 for the operation of the regional government and educational
access station-Roanoke Valley Television (RVTV, Channel 3), and for the City to
provide partial funding,
WHEREAS, the Roanoke Valley Regional Cable Television Committee
(Committee) has reviewed and approved the annual budget for the Fiscal Year 1996-
97 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 $90,974, 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 the Fiscal Year 1996-97 for the operation
of the regional government and regional educational access station, RVTV, as set
forth in a report to this Council dated May 6, 1996, is hereby approved.
337
2. The amount of $90,974 will be provided by the City of Roanoke
as its prorata share for the annual operational budget for RVTV for the Fiscal Year
1996-97 as requested in the report to this Council dated May 6, t996.
APPROVED
ATTEST:
Mary F. Parker ~ ~~
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32918-060696.
A RESOLUTION changing the time and place of commencement of the
regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday,
May 20, 1996.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The meeting of City Council regularly scheduled to be held at
12:30 p.m. on Monday, May 20, t996, is hereby rescheduled to be held at 12:00 noon,
Monday, May 20, 1996, in the Roanoke Ballroom at the Hotel Roanoke & Conference
Center, at 110 Shenandoah Avenue, N. W., 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
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
338
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 6th day of May, 1996.
No. 32919-050696.
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 that a Special
Meeting of Council will be held on May 13, 1996, at 6:00 p.m., in Council Chambers,
Municipal Building, 216 Church Avenue, S. W., in said City, for the purpose of
adopting the proposed annual budget for the City of Roanoke for Fiscal Year 1996-
97, and related matters.
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32920-051396.
AN ORDINANCE adopting the annual General Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997;
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, 1996, and ending June 30, 1997,
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:
Revenue
General Property Taxes
Other Local Taxes
$ 62,236,700.00
48,446,356.00
Permits, Fees and
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Current Services
Miscellaneous
Total Revenue
ADpropriations
City Council
City Clerk
City Manager
Office of Management and Budget
Personnel Management
Occupational Health Clinic
Dues, Memberships and Affiliations
Economic Development and Grants
Grants Compliance
Personnel Lapse
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
Registrar
City Treasurer
Commissioner of Revenue
Real Estate Valuation
Board of Equalization
Sheriff
Jail
Commonwealth's Attorney
Cost Collections Unit
$ 562,200.00
875,500.00
1,138,326.00
33,840,433.00
25,000.00
5,136,010.00
310.500,00
$152.571.025.00
216,780.00
342,412.00
657,962.00
351,776.00
709,306.00
202,467.00
1,238,035.00
385,222.00
4,826.00
(815,000.00)
397,576.00
610,188.00
1,614,982.00
t,097,898.00
449,275.00
111,000.00
38,627,406.00
9,310,800.00
5,843,900.00
412,944.00
212,353.00
788,981.00
976,293.00
904,653.OO
19,782.00
1,570,212.00
7,550,028.00
924,065.00
63,804.00
339
340
Clerk of Circuit Court
Director of Public Safety
Police - Administration
Police - Investigation
Police - Patrol
Police - Services
Police - Training
Fire - Administration
Fire - Support
Fire - Operations
Emergency Medical Services
Emergency Services
Animal Control
Communications
Director of Public Works
Building Inspections
Street Maintenance
Street Paving
Snow Removal
Street Lighting
Traffic Engineering
Solid Waste Management
Recycling
Custodial Services
Engineering
Building Maintenance
Parks Maintenance
Recreation
City Market
$ 349,962.00
2,926,477.00
7,735,918.00
1,658,875.00
334.904.00
340,979.00
506,601.00
10,509,690.00
1,764,636.00
Planning and Community Development
Director of Human Development
Law Library
Juvenile Detention Home
Outreach Detention
Youth Haven I
Crisis Intervention
Health Department
Mental Health and Retardation
Human Services Committee
Cultural Services Committee
Total Action Against Poverty
$ 1,025,641.00
140,516.00
13,006,136.00
13,121,906.00
141,637.00
361,388.00
1,984,295.00
135,962.00
789,825.00
2,238,415.00
1,025,786.00
96,449.00
906,000.00
1,292,479.00
4,795,155.00
523,409.00
931,624.00
1,324,168.00
3,012,191.00
3,680,323.00
1,453,032.00
26,025.00
780,761.00
196,603.00
121,721.00
825,659.00
192,327.00
478,498.00
454,422.00
1,068,130.00
346,250.00
408,997.00
428,353.00
207,073.00
341
Social Services -
Administration
Income Maintenance
Social Services - Services
Employment Services
State and Local
Hospitalization
Comprehensive Services Act
Comprehensive Services Act -
Administration
Libraries
Community Education
VA Tech Cooperative
Extension Program
Supply Management
Director of Utilities
and Operations
General District Court
Magistrate's Office
Circuit Court
Juvenile and Domestic
Relations Court
Juvenile and Domestic
Relations Court Clerk
$ 677,663.00
4,123,214.00
6,075,086.00
722.601,00
11,598,564.00
66,000.00
5,770,283.00
18,080.00
1,998,038.00
58,222.00
61,383.00
227,771.00
145,648.00
36,100.00
5,157.00
191,569.00
56,465.00
36.663.00
Total Appropriations
$152.571.025.00
2. That all salaries and wages covered by the Pay Plan, paid from
the appropriations herein, shall be paid in accordance with the provisions thereof;
3. That the Director of Finance be, and he is hereby authorized and
directed to transfer between accounts such appropriations for salaries and wages
for the labor force as may be necessary to cover cost of labor performed by one
department for another;
4. That this Ordinance shall be known and cited as the 1996-97
General Fund Appropriation Ordinance; and
342
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, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32921-051396.
AN ORDINANCE adopting the annual Water Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997;
and declaring the existence of an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. That all money that shall be paid into the City Treasury for the
Water Fund in the fiscal year beginning July 1, 1996, and ending June 30, 1997, 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:
Revenue
Operating
Non-Operating
$8,578,561.00
98,300.00
Total Revenue
$8.676,861.00
ADDro_oriations
General Operating Expenses
Water Pumping Station and Tanks
Water Purification
$2,317,549.00
689,588.00
1.734.984.00
$4,742,121.00
343
Depreciation
Interest Expense
Capital Outlay
$1,721,000.00
1,547,093.00
666.647,00
Total Appropriations
$8.676.86t.Q0
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 1996-97
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, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32922-051396.
AN ORDINANCE adopting the annual Sewage Treatment Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997; 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, 1996, and ending
June 30, 1997, 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:
344
Revenue
Operating
Non-Operating
$ 8,971,450.00
865.000.00
TotalRevenue
$ 9.836.450.00
A_~_oro_oriations
Administration
Maintenance
Operations
Laboratory
Lateral Maintenance and
Replacement
Depreciation
Capital Outlay
Interest Expense
$1,722,578.00
1,001,145.00
2,329,005.00
246,231.00
2.544.633.00
$ 7,843,592.00
962,000.00
230,000.00
800.858.00
Total Appropriations
$ 9.836.450.00
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 1996-97
Sewage Treatment Fund Appropriation Ordinance; and
4. That in order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this Ordinance shall
be in full force and effect on and after July 1, 1996.
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
345
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32923-051396.
AN ORDINANCE adopting the annual Civic Center Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30,
1997; 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, 1996, and ending June 30,
1997, 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:
Revenue
Operating $ 1,288,700.00
Non-Operating 914.771.00
Total Revenue
$ 2,203,471,00
ApDro_oriations
Operating Expenses
Promotional Expenses
Depreciation
Capital Outlay
Total Appropriations
$2,039,051.00
114,420.00
$ 2,153,471.00
423,0O0.O0
50.000.00
$ 2.626.471.00
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 1996-97 Civic
Center Fund Appropriation Ordinance; and
346
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, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32924-051396.
AN ORDINANCE adopting the annual Transportation Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30,
1997; and declaring the existence of an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. That all money that shall be paid into the City Treasury for the
Transportation Fund in the fiscal year beginning July 1, 1996, and ending June 30,
1997, 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:
Revenue
Operating
Non-Operating
$1,723,997.00
981.133.00
Total Revenue
$ 2.705.130.00
A~ro.oriations
Century Station Parking Garage
Williamson Road Parking Garage
$ 92,384.00
180,376.00
347
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Surface Parking Lots
Depreciation
Interest Expense
Transfer to Other Funds
$ 59,473.00
179,052.00
130,620.00
18,341.00
529,053.00
636,452.00
Total Appropriations
$ 2.659.379.00
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 1996-97
Transportation 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, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32925-051396.
AN ORDINANCE adopting the annual Nursing Home Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30,
1997; and declaring the existence of an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
348
1. That all money that shall be paid into the City Treasury for the
Nursing Home Fund in the fiscal year beginning July 1, 1996, and ending June 30,
1997, shall constitute a Nursing Home 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:
Revenue
Operating
Non-Operating
$1,260,227.00
555.022.00
Total Revenue
$1,815,249.00
Ao_oro_oriations
Operating Expenses
Depreciation
$1,815,249.00
22,412.00
Total Appropriations
$1.837.661.00
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 1996-97
Nursing Home 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, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
349
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32926-051396.
AN ORDINANCE adopting the annual City Information Systems Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997; 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, 1996, and ending
June 30, 1997, 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:
Revenue
Operating
Non-Operating
$ 2,392,943.00
5.000.00
TotelRevenue
$ 2.397.943,00
A_o_~ro_oriations
Operating Expenses
Depreciation Expense
$1,935,327.00
462.616.00
Total Appropriations
$ 2.397.943.00
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 1996-97 City
Information Systems Fund Appropriation Ordinance; and
350
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, 1996.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32927-051396.
AN ORDINANCE adopting the annual Materials Control Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997; 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, 1996, and ending June 30,
1997, 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:
Reven u e
Operating $ 162,774.00
Non-Operating 1.000.00
Total Revenue
$ 163,774.00
Ap_~ro_oriations
Operating Expenses
Depreciation Expense
$ 161,945.00
1,829.00
Total Appropriations $ 163,774.00
351
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 1996-97
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, 1996.
APPROVED
ATTEST: ~
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32928-051396.
AN ORDINANCE adopting the annual Management Services Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997; 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, 1996, and ending
June 30, 1997, 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:
Revenue
Operating $ 212,993.00
Non-Operating 4.000.00
Totel Revenue $ 216.993.00 --
352
A_D_Dro_~riations
Operating Expenses
Depreciation Expense
$ 180,495.00
36.498.00
Total Appropriations
$ 216.993.00
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 1996-97
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, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32929-051396.
AN ORDINANCE adopting the annual Utility Line Services Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997; 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, 1996, and ending
June 30, 1997, 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:
353
Revenue
Operating
Non-Operating
$ 3,087,533.00
40.000.00
Total Revenue
$ 3.127.533.00
ApproDriations
Operating Expenses
Depreciation Expense
$ 2,901,633.00
225.900.00
Total Appropriations
$ 3.127.533.00
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 1996-97
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, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32930-051396.
AN ORDINANCE adopting the annual Fleet Management Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997; and declaring the existence of an emergency.
354
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, 1996, and ending
June 30, 1997, 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:
Revenue
Operating
Non-Operating
$ 3,090,721.00
30.000.00
Total Revenue
$ 3.120.721.00
ADDroDrJations
Operating Expenses
Capital Outlay
Depreciation Expense
$ 2,056,267.00
950,000.00
1,100,000.00
Total Appropriations
$ 4,106,267.00
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 1996-97 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, 1996.
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
355
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32931-051396.
AN ORDINANCE adopting the annual Risk Management Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997; 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, 1996, and ending
June 30, 1997, 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:
Revenue
Operating $ 611.190.00
Total Revenue $ 611.190.00
AD_oro_oriations
Operating Expenses $ 603,425.00
Depreciation Expense 7.765.00
Total Appropriations $ 611.190.00
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 1996-97 Risk
Management Fund Appropriation Ordinance; and
356
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, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32932-051396.
AN ORDINANCE adopting the annual School Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997;
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, 1996, and ending June 30, 1997,
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:
Revenue
Grants-in-Aid Commonwealth
State Sales Tax (ADM)
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Interest on Investments
$ 30,904,879.00
8,090,895.00
2,353,997.00
2,632,706.00
38,627,406.00
200.000.00
Total Revenue
$ 82,709,883.00
357
AD_~ropriations
Instruction
General Support
Transportation
Operation/Maintenance of Plant
Food Services
Facilities
Other Uses of Funds
$ 62,197,157.00
3,092,380.00
2,825,031.00
9,156,322.00
3,561,633.00
150,000.00
1.727.360,00
Total Appropriations
$ 82.709.883.00
2. That this Ordinance shall be known and cited as the 1996-97
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, 1996.
ATTEST:
Ma/~ F. pa~r er~' /~~
APPROVED
David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th.day of May, 1996.
No. 32933-051396.
AN ORDINANCE adopting a portion of the annual Grant Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997; and declaring the existence of an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. That the money that shall be paid into the City Treasury for the
Grant Fund for the Virginia Juvenile Crime Control Act in the fiscal year beginning
July 1, 1996, and ending June 30, 1997, 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:
358
Revenue
Virginia Juvenile Community Crime
Control Act
$366.659.00
Total Revenue
$366,659.00
ADDroDrJations
Youth Haven I
Outreach Detention - Electronic Monitoring
Juvenile Court Service - Enhanced
Community Service
Juvenile Court Service - Street Law Program
Juvenile Court Service - Intensive Supervision
Juvenile Court Service - Substance
Abuse Counseling
Juvenile Court Service - Detention Beds
Crisis Intervention Center Assaultive
Youth Program
Crisis Intervention - Family Oriented
Group Home (FOGH)
$ 48,200.00
47,714.00
14,450.00
3,550.00
100,255.00
43,973.00
10,000.00
66,558.00
31.959.00
Total Appropriations
$366,659.00
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 1996-97
Grant Fund Appropriation Ordinance; and
359
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, 1996.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32934-051396.
AN ORDINANCE to adopt and establish a Pay Plan for officers and
employees of the City effective July 1, 1996; 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 Firs 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. 32467-050895,
adopted May 8, 1995, 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:
360
Pay Grade
01
O2
O3
O4
05
O6
07
O8
O9
10
tl
12
13
14
15
16
17
18
19
2O
CITY OF ROANOKE, VIRGINIA
Minimum
Annual
Salary
$12,723.36
13,360.62
14,029.60
14,730.82
15,467.66
16,627.78
17,910.88
19,790.16
21,867.56
24,164.92
25,635.22
28,324.92
31,313.62
34,633.56
38,321.66
41,590.64
46,061.08
51,035.14
55,484.78
61,531.34
PAY PLAN
July 1, 1996
Midpoint Maximum Merit
Annual Annual Increase
Salary Salary Amount
$ 14,951.00 $ 17,178.20 $ 672.88
15,700.00 18,038.80 706.42
16,486.00 18,941.78 741.78
17,310.00 19,888.44 778.96
18,176.00 20,883.46 817.96
19,539.00 22,449.70 879.32
21,494.00 25,076.48 967.20
23,749.00 27,707.42 1,068.60
26,242.00 30,616.04 1,180.92
28,999.00 33,832.50 1,304.94
32,044.00 38,452.70 1,441.96
35,406.00 42,487.12 1,593.28
39,142.00 46,970.30 1,761.50
43,292.00 51,950.34 1,948.18
47,902.00 57,482.36 2,155.66
53,029.00 64,466.22 2,386.28
58,729.00 71,395.74 2,642.90
65,071.00 79,105.52 2,928.12
72,133.00 88,778.82 3,246.10
79,994.00 98,453.94 3,599.70
361
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, 1996, the Pay Plan
hereinafter set out in its entirety, which shall read and provide as follows:
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, 1996, 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 and five-tenths
percent (4.5%) 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, 1995, 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, 1996.
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, 1996, 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,
1996.
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:
362
POSITION TITLE
Appraiser
Assistant City Manager
Assistant Civic Center Manager
Assistant to City Manager
for Community Relations
City Attorney
City Clerk
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
ANNUAL SALARY
$ 1,620.00
$ 1,800.00
$ 990.00
$ 1,080.00
$ 2,000.00
$ 2,O00.00
$ 1,620.00
$ 2,000.00
$ 1,800.00
$ 1,8oo.0o
$ 2,000.00
$ 1,620.00
$ 990.00
$ 2,000.00
$ 1,620.00
INCREMENT
POSITION TITLE
ANNUAL SALARYINCREMENT
Senior Tax Compliance Administrator
Superintendent of Social Services
Tax Compliance Administrator
Youth Services Planner
$ 1,300.00
$ 450.00
$ 1,300.00
$ 900.00
If the requirement that any of the foregoing officers or employees own or lease a
motor vehicle for routine use in the conduct of City business should be eliminated,
then the salary increment established by this Ordinance shall be terminated as of
the date of elimination of such requirement.
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.
363
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. 32467-0508095,
adopted May 8, 1995, 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 10, t996.
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, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32935-051396.
AN ORDINANCE establishing the annual salaries of the Mayor, Vice-
Mayor and Council Members for the fiscal year beginning July 1, 1996; and providing
for an emergency and an effective date.
WHEREAS, §14.1-47.2, Code of Virginia (1950), as amended, authorizes
this Council, notwithstanding any contrary provision of law, general or special, to
set annual salaries by ordinance for the Mayor, Vice-Mayor and each member of
Council within certain limits, and this Council is desirous of exercising this
authority.
364
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. For the fiscal year beginning July 1, 1996, and ending June 30,
1997, and for succeeding fiscal years unless modified by action of this Council, the
annual salaries of the Mayor, Vice-Mayor and each members of Council shall be as
follows:
Mayor $18,000.00
Vice-Mayor and Council
Members
$14,000.00
2. This ordinance shall remain in effect until amended or repealed
by ordinance duly adopted by City Council.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect on and after July 1, 1996.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32936-051396.
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, 1996; 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, 1996, and ending June 30,
1997, 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:
365
City Manager
City Attorney
Director of Finance
Director of Real Estate
Valuation
Municipal Auditor
City Clerk
$115,000.00
$102,500.00
$ 88,000.00
$ 70,000.00
$ 69,000.00
$ 62,700.00
2. Any increase in compensation due to any officer or employee
under this Ordinance shall be first paid with the paycheck of July t0, 1996.
3. The Director of Finance is hereby directed to pay to the
International City Management Association Retirement Corporation Deferred
Compensation Plan as deferred compensation on behalf of the Director of Finance
the amount of $3,750.00 for the first half of Fiscal Year 1996-1997 (July 1, 1996, to
December 31, 1996); provided, however, for calendar year 1996, the amount
contributed on behalf of such officer shall not exceed the maximum permitted by
Internal Revenue Code and IRS regulations to be deferred on a tax-free basis
annually.
4. On and after January 1, 1997, the Director of Finance shall pay a
lump sum of $7,500.00 per calendar year to ICMA as deferred compensation on
behalf of the incumbent Director of Finance.
5. In no calendar year shall amounts of deferred compensation
contributed by the City to ICMA on behalf of the Director of Finance exceed the
maximum amount permitted by the Internal Revenue Code and IRS regulations to be
deferred on a tax-free basis annually.
6. The Director of Finance shall be authorized, for and on behalf of
the City, to execute any documents required by ICMA to implement this ordinance.
7. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect on and after July 1, 1996.
APPROVED
ATTEST: ~,
Mary F. Parker
City Clerk
David A. Bowers
Mayor
366
IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32937-051396.
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, 1995, shall effective July 1, 1996, be increased by three (3)
percent 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, 1996.
2. The increase in benefits provided for in Paragraph I of this
ordinance shall apply to the following categories of persons entitled to receive
benefits under the City of Roanoke Pension Plan only:
Any member of the Employees' Supplemental
Retirement System (hereinafter "ESRS") or of
the Employees' Retirement System
(hereinafter "ERS") retired under §22.1-44,
Normal Service Retirement, or under §22.1-
62, Retirement and Service Retirement
Allowance Generally, respectively, of the
Code of the City of Roanoke (1979), as
amended (hereinafter "City Code"), 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, Nonoccupational Disability
Retirement Allowance, or under §22.1-65,
Nonoccupational Disability Retirement
Allowance., respectively, of the City Code,
provided such member shall have at least
one hundred twenty (120) months of
creditable service; or
367
Any member of ESRS or ERS retired under
§22.1-48,Occupational Disability_ Retirement
AIl<)wan<~, or under §22.1-66, Occupational
Disability Retirement AIlcwanCe,
respectively, of the City Code, regardless of
amount of creditable service; or
dm
Any member of the ESRS retired under §22.1-
45, Early Service Retirement Allowance, or
§22.1-46, Vested Allowance, or any member
of ERS retired under §22.1-63, Early Service
Retirement Allowance, or §22.1-64, Vested
Allowance, of the City Code; or
Any surviving spouse of a member, provided
such surviving spouse is entitled to benefits
under Article III, Employees' Supplemen~l
Retirement System, or under Article IV,
Em_oloyees' Retirement System, of Chapter
22.1, Pensions and Retirement, of the City
Code, and further provided that the deceased
member through whom the surviving spouse
is entitled to benefits would qualify, if alive,
under paragraph 2.a., 2.b., 2.c., or 2.d. of this
ordinance; or
Any member retired under Article V, Police
and Fire Department Pension Plan as of
December 31. 1945, of Chapter 22.1,
Pensions and Retirement, of the City Code, or
the surviving spouse of any such member.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect on July 1, 1996.
ATTEST: ~,
Mary F. Parker
City Clerk
APPROVED
Mayor
368
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32938-051396.
A RESOLUTION providing for an amendment of the fees charged at
Century Station Parking Garage, Church Avenue Parking Garage, Market Square
Parking Garage, Tower Parking Garage, Williamson Road Parking Garage,
Williamson Road Parking Lot, and Viaduct Parking Lot; and directing amendment of
the Fee Compendium.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The parking fees for the Century Station Parking Garage shall be
amended in accordance with the following schedule effective July 1, 1996:
Century Station Parking Garage
Monthly (un-reserved) $60.00
Monthly (reserved-contractual 65.75
obligation)
Monthly (reserved) 70.00
Monthly (un-reserved on roof) 55.00
Monthly (reserved on roof) 60.00
2. The parking fees for the Church Avenue Parking Garage shall be
amended in accordance with the following schedule effective July 1, 1996:
Church Avenue Parking Garage
Monthly (un-reserved) $50.00
Monthly (un-reserved on roof) 45.00
Church Avenue Parking Garage
SHORT-TERM
One Hour .75
Two Hours 1.50
amended
1996:
Three Hours $ 2.25
Four Hours 3.25
Five Hours and longer 4.25
Enter after 5:00 p.m. Monday - Friday Free
Saturday and Sunday Free
369
3. The parking fees for the Market Square Parking Garage shall be
in accordance with the following schedule effective July 1,
Market Square Parking Garage
Monthly (un-reserved) $60.00
Monthly (reserved-health and/or 70.00
security concerns)
Monthly (un-reserved on roof) 55.00
Monthly (reserved on roof) 60.00
SHORT-TERM
One Hour .75
Two Hours 1.50
Three Hours 2.25
Four Hours 3.25
Five Hours and longer 4.25
Enter between 5:00 p.m. and 9:00 p.m. 1.50
Monday - Saturday
Enter after 9:00 p.m. Monday - Free
Saturday
Sunday Free
4. The parking fees for the Tower Parking Garage shall be amended
in accordance with the following schedule effective July 1, 1996:
370
Tower Parking Garage
Monthly (un-reserved) $60.00
Monthly (un-reserved, contractual 23.00
obligation)
Monthly (reserved, contractual 65.75
obligation)
Monthly (un-reserved on roof) 55.00
Monthly (reserved on roof) 60.00
SHORT-TERM
One Hour $ .75
Two Hours 1.50
Three Hours 2.25
Four Hours 3.25
Five Hours and longer 4.25
Enter after 6:00 p.m. Monday - Friday Free
Saturday and Sunday Free
5. The parking fees for the Williamson Road Parking Garage shall
be amended in accordance with the following schedule effective July 1, 1996:
Williamson Road Parking Garage
Monthly (un-reserved) $50.00
Monthly (un-reserved on roof) 45.00
Monthly (un-reserved on side lot) 47.50
6. The parking fees for the Williamson Road Parking Lot shall be
amended in accordance with the following schedule effective July 1, 1996:
Williamson Road Parking Lot
Monthly (un-reserved) I $47.50
371
7. The parking fees for the Viaduct Parking Lot shall be amended
in accordance with the following schedule effective July 1, 1996:
Viaduct Parking Lot
Monthly (un-reserved) I
$47.50
SHORT-TERM
Each % hour .50
Enter after 5:00 p.m. 1.00
8. The City Manager or his designee is hereby authorized to modify
or waive the parking fees for any of the above parking garages or parking lots for
City sponsored events or other special events, as the City Manger may deem
appropriate, all as more particularly set forth in the City Manager's report to this
Council dated May 8, 1996.
9. 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 fees to be charged at Century Station Parking Garage, Church Avenue
Parking Garage, Market Square Parking Garage, Tower Parking Garage, Williamson
Road Parking Garage, Williamson Road Parking Lot, and Viaduct Parking Lot.
~'~ ~'~ ~'ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 13th day of May, 1996.
No. 32939-051396.
A RESOLUTION authorizing the City Manager to submit an approved
Annual Update to the HUD Consolidated Plan for FY 1996-97 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.
372
WHEREAS, citizen input has been received and considered on three
occasions: January 16, April 9 and April 29, 1996 on the Annual Update to the HUD
Consolidated Plan ("Plan") for FY 1996-97; and
WHEREAS, the Plan must be approved by this Council and submitted
to HUD in May, 1996, to ensure timely receipt of new entitlement funds.
that:
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. The City Manager or his designee is hereby authorized, for and
on behalf of the City, to submit the approved Annual Update of the Entitlement
Consolidated Plan for FY 1996-97 to HUD for review and approval, and to execute the
appropriate documents with the 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 20th day of May, 1996.
No. 32900-052096.
AN ORDINANCE authorizing the City Manager to enter into an
agreement authorizing the Northwest Recreation Club to construct a permanent
addition to an existing structure at the Westside ballfield, 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 with
the Northwest Recreation Club, authorizing the construction of a permanent addition
to an existing city-owned concession/storage building at the Westside ballfield
behind the existing baseball backstop, to be constructed of such materials and
373
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 financial resources to permit completion of the project and
receipt by the Northwest Recreation Club of the proper permit from the Building
Commissioner.
3. The Northwest Recreation Club shall give prior notice to the City
of its intention to commence construction.
4. Upon completion, the Northwest 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 Northwest 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 Northwest
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 Northwest Recreation Club.
9. If construction of the structure has not been completed to the
satisfaction of the City Manager within fifteen (15) months of the date of this
ordinance, authorization to construction such structure shall be revoked, and the
Northwest 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.
374
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 Northwest
Recreation Club, has been filed with the City Clerk.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32912-052096.
AN ORDINANCE authorizing acceptance of the dedication of a certain
waterline easement across property located at or near Valley View Mall in the City
of Roanoke, and owned by Sears, Roebuck and Co.; Valley View Associates Limited
Partnership; Noro Valley View Associates, Ltd.; and Wal-Mart Stores, Inc., 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, appropriate documentation providing for
dedication of the waterline and waterline easement across property and located at
or near Valley View Mall in the City of Roanoke and owned by Sears, Roebuck & Co.;
Valley View Associates Limited Partnership; Noro Valley View Associates, Ltd.; and
Wal-Mart Stores, Inc., as more particularly described in the report to this Council
from the Water Resources Committee dated May 6, 1996.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
375
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32913-052096.
AN ORDINANCE authorizing the dedication of a certain public utility
easement to Appalachian Power Company, and the vacation by Appalachian Power
Company of certain portions of an existing public utility easement across City-
owned property located at Coyner Springs, 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, appropriate documentation providing for the
dedication of a public utility easement to Appalachian Power Company across City-
owned property at Coyner Springs for the purpose of upgrading existing overhead
electric power lines and the relocation of poles along Va. Route 660, and the
vacation by Appalachian Power Company of unused portions of an existing public
utility easement, all as more particularly described in the report to this Council from
the Water Resources Committee dated May 6, 1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32914-052096.
AN ORDINANCE authorizing and providing for the lease by the City of
five acres of City-owned property in Fishburn Park (the "Property") to Blue Ridge
Public Television, subject to certain terms and conditions.
WHEREAS, Blue Ridge Public Television acknowledges a contribution
from the City of $6,000.00 per month, the fair market rental value of the Property.
376
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that, provided the consent of the Fishburn heirs can be obtained, the City Manager
and City Clerk are authorized to execute and attest, respectively, in form approved
by the City Attorney, a new lease with Blue Ridge Public Television, leasing to said
organization five acres of City-owned property in Fishburn Park, for a term of five
years, at the rate of $1.00 per year, upon certain terms and conditions, as more
particularly set out in the report of the Water Resources Committee dated May 6,
1996.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32940-052096.
A RESOLUTION memorializing the late Artie Levin.
WHEREAS, the members of this Council have learned, with sorrow, of
the passing on May 3, 1996, of Artie Levin, Roanoke's "Mr. Fitness";
WHEREAS, Mr. Levin's exercise program in which he stressed the
importance of staying healthy ran for nearly twenty-five years on WDBJ, Channel 7,
WSLS, Channel 10, and WFXR, Channel 27, and during this time Artie Levin became
a Western Virginia institution;
WHEREAS, Mr. Levin's show ran in an era when television stations
produced local shows with local talent, and Artie Levin, an extremely friendly and
popular man, became a local celebrity;
WHEREAS, Mr. Levin also authored a column, entitled "Keep Fit", which
ran in the Roanoke Times for many years;
377
WHEREAS, Mr. Levin, a world rated tri-athlete in his age category,
maintained a strict exercise regimen well into his 70s, with a weekly schedule of 150
miles of bicycle riding, 15 miles of running and five miles of swimming, and in 1992,
he won the 75-and-over age group of the Central Florida Sprint Triathlon, one of the
many athletic events he participated in across the country;
WHEREAS, Mr. Levin was an active member of the Roanoke Valley
Community, serving in many capacities in the Blue Ridge Bicycle Club, the Roanoke
Conference of Christians and Jews, Beth Israel Synagogue, B'Nai B'rith, Roanoke
Valley Together, the United Jewish Appeal and Roanoke Jewish Community Council;
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 Artie Levin, Roanoke's "Mr. Fitness", and extends to his
son, Dr. Larry Levin, of Boca Raton, Florida, and his daughter, Cindy Levin
Goldstein, of Roanoke, the sympathy of this Council and that of the citizens of this
City.
2. The Clerk is directed to forward an attested copy of this
resolution to Dr. Levin and Mrs. Goldstein.
ATTEST:
Mary F. ParKer
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32941-052096.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Grant Fund Appropriations~ and providing for an emergency.
378
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development
HOME Investment Partnership FY92 (1-2) ............
HOME Investment Partnership FY94 (3-5) ............
HOME Investment Partnership FY95 (6-8) ............
Community Development Block Grant FY95
RRHA Administrative FY95 (9-13) ...................
Unprogrammed CDBG FY95 (14-16) .................
Community Development Block Grant FY96
RRHA Administrative FY96 (17) .....................
Unprogrammed CDBG FY96 (18) ....................
$ 2,510,000.00
756,000.00
605,000.00
651,000.00
$ 3,373,752.00
465,609.00
215,794.00
$ 2,574,376.00
301,611.00
145,933.00
1) Rental
Rehabilitation
Support
2) Unprogrammed
HOME
3) Down Payment &
Closing Cost
Support
4) CHDO Assistance
Support
5) Unprogrammed
HOME
6) Gainsboro Lot/
Homeownership
Support
7) Owner-Occupied
Rehabilitation
Support
8) Unprogrammed
HOME
9) Rental
Rehabilitation
Support
(035-052-5300-5271)
(035-052-5300-5320)
(035-052-5302-5301)
(035-052-5302-5302)
(035-052-5302-5320)
(035-052-5303-5305)
(035-052-5303-5306)
(035-052-5303-5320)
(035-094-9410-5004)
$(9,479.00)
9,479.00
(18,000.00)
(3,7S0.00)
21,750.00
(14,000.00)
(115,700.00)
129,700.00
9,479.0O
379
10) Owner-Occupied
Support
11) CHDO Assistance
Support
12) Downpayment &
Closing Cost
Support
t 3) Gainsboro Lot/
Homeownership
Support
14) Unprogrammed
CDBG -
Williamson
Road Garage
15) Unprogrammed
CDBG - Home
Purchase
Assistance
16) Unprogrammed
CDBG - RRHA
17) Owner-Occupied
Support
18) Unprogrammed
CDBG -
Williamson
Road Garage
(035-094-9410-5032)
(035-094-9410-5330)
(035-094-9410-5331)
(035-094-9410-5332)
(035-094-9440-5182)
(035-094-9440-5192)
(035-094-9440-5197)
(035-095-9510-5032)
(035-095-9540-5182)
$ 37,005.00
3,750.00
18,000.00
14,000.00
(37,050.00)
(6,297.00)
(38,887.00)
78,695.00
(78,695.00)
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
380
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32942-052096.
A RESOLUTION authorizing execution of amendments to the
Community Development Block Grant and HOME contracts with the City of Roanoke
Redevelopment and Housing Authority for the administration of the HOME
Investment Partnerships Program.
WHEREAS, the Department of Housing and Urban Development (HUD)
HOME Cash Management System procedures have prevented draw-downs by the
Treasurer's Office to reimburse the City for payments to the Roanoke
Redevelopment and Housing Authority for its HOME activity delivery costs; and
WHEREAS, the funds are needed to reimburse the City's General Fund
for payment of $160,929.00 in delivery costs in connection with the HOME
Investment Partnerships Program, as described in the City Manager's report dated
May 20, 1996.
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 authorized to execute and attest, respectively, Amendment No. 1 to the
Community Development Block Grant contract and Amendment No. 1 to the HOME
contract with the Roanoke Redevelopment and Housing Authority to reimburse the
City's General Fund for the expenditure of $160,929.00 in connection with the HOME
Investment Partnerships Program, as more particularly set forth in the report to this
Council dated May 20, 1996.
Attorney.
The form of the amendments shall be approved by the City
/'~ ~ ~'ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
381
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32943-052096.
AN ORDINANCE amending and reordaining §32-102.3(a), Purposes of
Tax, §32-102.4, Other PQwers and Duties, §32-103.3(a), Purposes of Tax, and §32-
103.4, Other Powers and Duties, of the Code of the City of Roanoke (1979), as
amended, so that the references in those sections to the Code of Virginia will
conform with the current numbering of the Code of Virginia; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 32-102.3(a), Purposes of Tax, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and provide
as follows:
§32-102.3. Purposes of Tax.
(a) Taxes collected pursuant to this division shall be levied
for and used to provide additional governmental services
not being offered uniformly throughout the entire city,
including, but not limited to, economic and business
development and promotional activities intended to foster
business retention, business recruitment and developer
recruitment; planning for the development or revitalization
of downtown and for the transportation and public facility
and public space needs of downtown; and those public
purposes enumerated in section 15.1-18.2, Code of
Virginia (1950), as amended. Costs of collecting,
accounting for and administering the tax provided for by
this division shall be a charge against revenues derived
from such tax.
2. Section 32-102.4, Other powers and duties, of the Code of the City
of Roanoke (1979), as amended, is hereby amended and reordained to read and
provide as follows:
§32-102.4. Other powers and duties.
382
The city shall have all those powers and duties with
respect to a downtown service district set forth in section
15.1-18.2, Code of Virginia (1950), as amended, including
the power to contract with any person, firm or corporation
to provide additional governmental services in such
district.
3. Section 32-103.3, Pur_r)oses of Tax, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and provide
as follows:
§32-103.3. Pur_~oses of tax.
(a) Taxes collected pursuant to this division shall be levied
for and used to provide additional governmental services
not being offered uniformly throughout the entire city,
including, but not limited to economic and business
development and promotional activities intended to foster
business retention, business recruitment and developer
recruitment, planning for the revitalization of the
Williamson Road area, and those public purposes
enumerated in section 15.1-18.2, Code of Virginia (1950),
as amended. Costs of collecting, accounting for and
administering the tax provided for by this division shall be
a charge against revenues derived from such tax.
4. Section 32-102.3, Purposes of Tax, of the Code of the City of
Roanoke, (1979), amended, is hereby amended and reordained to read and provide
as follows:
§32-103.4. Other _oowers and duties.
The city shall have all those powers and duties with
respect to a service district set forth in section 15.1-18.2,
Code of Virginia (1950), as amended, including the power
to contract with any person, firm or corporation to provide
additional governmental services in such district.
383
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 20th day of May, 1996.
No. 32944-052096.
AN ORDINANCE authorizing the continuation of the additional tax on
real property and improvements located in the Williamson Road Area Service District
as defined by section 32-103.2 of the Code of the City of Roanoke (1979), as
amended, and further authorizing a certain agreement to be entered into with the
Williamson Road Area Business Association, Inc. (WRABA) for an initial term of one
year commencing July 1, 1996, and for nine successive one year terms, to provide
that WRABA shall act on behalf of the City to foster economic advancement and
development of the Williamson Road Area Service District previously created by City
Council; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. That the Council of the City of Roanoke, having determined that
the additional tax imposed by section 32-103.1 of the Code of the City of Roanoke
(1979), as amended, (City Code) on real property and improvements located in the
Williamson Road Area Service District is helping with the revitalization and
development of the Williamson Road Area Service District, hereby continues the
said tax set forth in section 32-103.1 at the same rate of ten cents ($.10) for every
one hundred dollars ($100.00) of assessed value of real property and improvements
located in the Williamson Road Area Service District as defined by section 32-103.2
together with the valuation provisions of that section and the other provisions of
Division 7, Williamson Road Area Service District, Article II, Real Estate Taxes
Generally, Chapter 32, Taxation, City Code, as more particularly set forth in the City
Manager's report to this Council dated May 20, 1996.
384
2. The City Manager or the Assistant City Manager is hereby
authorized to execute and the City Clerk is authorized to attest, respectively, a
written agreement between the City and WRABA for an initial term of one year
commencing July 1, 1996, which shall be automatically extended annually for nine
additional fiscal years, subject to termination, with or without cause, during each
such period of time; providing for WRABA's serving as an independent contractor
of the City for the purpose of undertaking certain developmental and or
governmental activities as may be agreed upon by this Council and as allowed by
section 15.1-18.2 of the Code of Virginia (1950), as amended, in the Williamson Road
Area Service District heretofore created by City Council; providing that WRABA shall
undertake such activities with tax revenues generated from the Williamson Road
Area Service District pursuant to section 32-103.1, City Code; providing for approval
of the work program and budget of WRABA by the City Manager each year not later
than June 1, 1996, of the initial year and not later than April 1, of any successive
year; providing for disbursements by the City to WRABA of an amount up to the
actual tax receipts received by the City pursuant to section 32-103.1, City Code less
an administrative fee to cover the City's direct cost incurred in collecting and
administering such receipts; and providing for the City Manager to designate one
representative to be an ex officio member of the Board of Directors of WRABA, this
Council hereby authorizing the City Manager to appoint such ex officio member; all
as more specifically provided in the report of the City Manager to this Council dated
May 20, 1996.
3. The term of the City's agreement with WRABA shall be
automatically extended on each July 1, commencing July 1, 1997, for nine
successive one year terms with the agreement expiring on June 30, 2006, unless
either party has earlier given ninety days written notice of termination prior to the
expiration of any one year term pursuant to the appropriate section of the agreement
or the City has earlier chosen to terminate the agreement for cause as provided for
in the agreement.
4. WRABA shall conduct all its activities in accordance with
sections 32-103 through 32-103.4, City Code and sections 15.1-18.2 and 15.1-18.3,
Code of Virginia (1950), as amended. The agreement to be executed by the City
Manager or the Assistant City Manager shall be in a form approved by the City
Attorney.
385
5. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32945-052096.
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 seven new houses on
seven 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:
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 of $20,000.00 for reimbursement of expenses associated with
construction of seven new houses on seven lots located at addresses from 819, 825,
831,837 Kellogg Avenue, N. W., 2019 Moorman Road, N. W., 1430 Salem Avenue,
S. W., and 1701 Chapman Avenue, S. W., in accordance with the recommendations
contained in the City Manager's report to this Council dated May 20, 1996.
2. The form of the agreement shall be approved by the City Attomey.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
386
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32946-052096.
A RESOLUTION authorizing the City Manager to execute an agreement
with Roanoke Festival in the Park, Inc., upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. That the City Manager or the Assistant City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, an agreement with Roanoke Festival in the Park, Inc., substantially
similar in form to the agreement attached to the City Manager's report dated May 20,
1996, to this Council, authorizing the City to grant credit up to $45,000.00 per year
for use by such organization for festival activities to be held in 1996, 1997, and 1998,
in accordance with the recommendations contained in the City Manager's report to
this Council dated May 20, 1996.
2. The form of the agreement shall be approved by the City Attorney.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32947-052096.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
387
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General and Fleet Management Fund
Appropriations, be, and the same are hereby, amended and reordained to read as
follows, in part:
General Fund
Ap_Dro_oriations
Nondepartmental $ 53,800,331.00
Transfers to Other Funds (1) ....................... 52,988,753.00
Fund Balance
Reserved CMERP - City (2) ......................... $ 2,339,504.00
Fleet Manaqement Fund
ADDroDriations
Capital Outlay from Revenue (3) ..................... $ 3,272,511.00
Revenue
NonOperating $ 444,729.00
Transfer from General Fund (4) ...................... 419,729.00
1) Transfer to
Fleet
Management
Fund
2) Reserved
CMERP - City
3) Vehicular
Equipment
4) Transfer from
General Fund
(001-004-9310-9517)
(001-3323)
(017-052-2642-9010)
(017-020-1234-0951 )
120,082.00
(120,082.00)
t20,082.00
120,082.00
388
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
mmmmmmmmmmmmmmmm
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32948-052096.
A RESOLUTION accepting the bid for the purchase of one new
Recyclables Hauler, cab/chassis and body and one new Recyclables Hauler body
from Wilbar Truck Equipment, Inc., 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 Wilbar Truck Equipment, Inc., to purchase
one new Recyclables Hauler, cab/chassis and body and one new Recyclables Hauler
body at a total cost of $120,081.40, 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
mowers, and the City Manager or the Assistant City Manager is authorized to
execute, for and on behalf of the City, any required documents with respect to the
aforesaid items, such documents 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.
/--~ a"~0 '~'ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
389
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32949-052096.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 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_oro_oriations
Nondepartmental $ 53,680,249.00
Transfers to Other Funds (1) ...................... 52,868,671.00
Fund Balance
Reserved CMERP - City (2) ........................ $ 2,459,586.00
Fleet Manaaement Fund
Apprqoriations
Capital Outlay from Revenue (3) .................... $ 3,152,429.00
Revenue
NonOperating $ 324,647.00
Transfer from General Fund (4) ...................... 299,647.00
390
1) Transfer to
Fleet
Management
Fund
2) Reserved
CMERP - City
3) Vehicular
Equipment
4) Transfer from
General Fund
(001-004-9310-9517)
(001-3323)
(017-052-2642-9010)
(017-020-1234-0951 )
187,924.00
(187,924.00)
187,924.00
187,924.00
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 20th day of May, 1996.
No. 32950-052096.
A RESOLUTION accepting the bids for the purchase of trucks and
related equipment, 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 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:
391
Quantity and Description Successful bidder Purchase Price
One (1) new 8 passenger window Farrell Ford-Pontiac, Inc. $16,985.00
van
Two (2) new cab/chassis for refuse Highway Motors, Inc. $103,220.00
bodies
Two (2) new refuse bodies Mid-State Equipment $52,500.00
Company
Two (2) new 10 ton dump bodies Cavalier Equipment $15,218.66
Company
2. The City's Manager of Supply Management is hereby authorized
and directed to issue any required purchase orders for the purchase of trucks and
related equipment, 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 items, 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 20th day of May, 1996.
No. 32952-052096.
A RESOLUTION changing the time and place of commencement of the
regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, June
3, 1996D
BE IT RESOLVED by the Council of the City of Roanoke that:
392
1. The meeting of City Council regularly scheduled to be held at
12:30 p.m. on Monday, June 3, 1996, is hereby rescheduled to be held at 12:00 noon,
Monday, June 3, 1996, at the Vinton War Memorial, 814 East Washington Avenue,
Vinton, Virginia, with the 2:00 p.m. session on the same date to be held in the City
Council Chambers, 215 Church Avenue, S. W., in the City of Roanoke.
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
ATTEST:
Mary F. Pa'~ker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32955-052096.
AN ORDINANCE amending and reordaining §31-39, Fees for _r)lat review,
of Chapter 31, Subdivisions, and §36.1-710, Fees generally, of Chapter 36.1, Zonin_~,
of the Code of the City of Roanoke (1979), as amended, to implement the Deferred
Payment Program which will provide a deferred payment option to customers in the
development community; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section §31-39, Fees for plat review, of Chapter 31, Subdivisions,
and §36.1-710, Fees generally, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, are hereby amended and reordained to provide as
follows:
Sec. 31-39. Fees for plat review.
(a) The city council may establish a schedule of fees, charges,
and expenses, including a collection procedure, for the review and
approval of all plats and applications to vacate plats by the agent. The
393
schedule of fees, charges and expenses shall be as set forth in the Fee
Compendium of the City of Roanoke and shall be made available by the
agent and may be altered or amended only by the city council.
(b) Upon the filing of an application for the review and
approval of all subdivision plata, or an application to vacate plata by
the agent, all fees, charges and expenses shall be either paid in full or
paid pursuant to City of Roanoke Deferred Payment Agreement
executed by the person, or his authorized representative, seeking such
review and approval or filing such application.
Sec. 36.1-710. Fees _~enerally.
(a) The city council shall establish a schedule of fees and
charges and a collection procedure for zoning permita, certificates of
zoning compliance, appeals, amendmenta, and other matters pertaining
to the regulations prescribed by this chapter. The cost of all
advertising notices required for amendmenta to this chapter, including
rezonings, shall be borne by the applicant. The schedule of fees and
charges shall be as set forth in the Fee Compendium of the City of
Roanoke and shall be available in the office of the zoning administrator
and city clerk and may be altered or amended only by city council.
(b) No action will be initiated on any application, appeal, or
amendment, and no permit, certificate, special exception, variance,
interpretation or amendment will be processed or granted, unless and
until either payment of the prescribed fees, charges and expenses has
been made in full, or payment is delayed pursuant to a City of Roanoke
Deferred Payment Agreement executed by, or on behalf of, a person
seeking a permit, certificate, special exception, variance, interpretation,
amendment or services.
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 ita passage.
ATTEST:
Mary F. P~arker
APPROVED
City Clerk ............... Mayor
394
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32957-052096n
A RESOLUTION supporting tax exemption of property in the City of
Roanoke owned by Northwest Recreation Club, Inc. and used by it exclusively for
charitable or benevolent purposes on a non-profit basis.
WHEREAS, Northwest Recreation Club, Inc., (hereinafter "the
Applicant") has petitioned this Council for support of a bill to be introduced at the
1997 Session of the General Assembly to exempt certain property of the Applicant
from taxation pursuant to Article X, §6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to
be heard with respect to the Applicant's petition was held by Council on May 20,
1996;
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 the personal property of the Applicant and the buildings and as much
land as is reasonably necessary to the use of its buildings, providing such personal
and real property shall be used by the Applicant exclusively for charitable or
benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Resolution
and Council's support of a bill hereinafter described in Paragraph 1 to be introduced
on behalf of the Applicant at the 1997 Session of the General Assembly, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which
would be applicable to real property of 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:
1. Council supports a bill to be introduced at the 1997 Session of
the General Assembly whereby Northwest Recreation Club, Inc., a non-profit
organization, seeks to be classified and designated a charitable or benevolent
organization within the context of §6(a)(6) of Article X of the Constitution of Virginia,
395
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 I of this Resolution to be
introduced at the 1997 Session of the General Assembly, the Applicant agrees to pay
to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy,
which would be applicable to 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 owns real property currently assessed at $273,800.00,
representing a real property tax liability of $3,367.72 for the 1995-96 tax year, and
Council recommends to the General Assembly that the specific classification shall
be benevolent or charitable.
4. The City Clerk is directed to forward an attested copy of this
Resolution to the Commissioner of the Revenue and the City Treasurer for purpose
of assessment and collection, respectively, of the service charge established by this
Resolution, and to James R. Cromwell, counsel for the Applicant.
5. This Resolution shall be in full force and effect at such time as
a copy, duly signed by an authorized officer of the Applicant, has been filed with the
City Clerk.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
396
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of May, 1996.
No. 32958-052096.
A RESOLUTION supporting tax exemption of property in the City of
Roanoke owned by AMVETS-Post #40 and used by it exclusively for patriotic,
charitable or benevolent purposes on a non-profit basis.
WHEREAS, AMVETS-Post #40, (hereinafter "the Applicant") has
petitioned this Council for support of a bill to be introduced at the 1997 Session of
the General Assembly to exempt certain property of the Applicant from taxation
pursuant to Article X, §6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to
be heard with respect to the Applicant's petition was held by Council on May 20,
1996;
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 the personal property of the Applicant and the buildings and as much
land as is reasonably necessary to the use of its buildings, providing such personal
and real property shall be used by the Applicant exclusively for patriotic, charitable
or benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Resolution
and Council's support of a bill hereinafter described in Paragraph 1 to be introduced
on behalf of the Applicant at the 1997 Session of the General Assembly, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which
would be applicable to real property of 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:
1. Council supports a bill to be introduced at the 1997 Session of
the General Assembly whereby AMVETS-Post #40, a non-profit organization, seeks
to be classified and designated a patriotic, charitable or benevolent organization
within the context of §6(a)(6) of Article X of the Constitution of Virginia, and whereby
397
property owned by the Applicant, which is used by it exclusively for patriotic,
charitable or benevolent purposes on a non-profit basis, shall be exempt from State
and local taxation.
2. In consideration of Council's adoption of this Resolution and
Council's support of the bill described in Paragraph 1 of this Resolution to be
introduced at the 1997 Session of the General Assembly, the Applicant agrees to pay
to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy,
which would be applicable to 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 owns real property currently assessed at $175,600.00,
representing a real property tax liability of $2,159.88 for the 1995-96 tax year, and
Council recommends to the General Assembly that the specific classification shall
be patriotic, benevolent or charitable.
4. The City Clerk is directed to forward an attested copy of this
Resolution to the Commissioner of the Revenue and the City Treasurer for purpose
of assessment and collection, respectively, of the service charge established by this
Resolution, and to Kenneth C. King, Jr., counsel for the Applicant.
5. This Resolution shall be in full force and effect at such time as
a copy, duly signed by an authorized officer of the Applicant, has been filed with the
City Clerk.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
398
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32951-060396.
AN ORDINANCE authorizing an agreement with other regional
governments to effectuate regional enforcement of vehicle decal ordinances.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the Assistant City Manager are hereby
authorized, on behalf of the City to execute, and the City Clerk is authorized to attest,
a Regional Compact Agreement, with any other local governments which authorize
such compact providing for reciprocal enforcement of vehicle license decal
requirements.
2. Such Regional Compact Agreement which shall be effective not
later than July 1, 1996, shall provide that each jurisdiction shall enforce the vehicle
decal requirements of the other member jurisdictions and shall contain such other
terms and conditions as may be agreed upon by the parties.
3. The form of the agreement shall be approved by the City Attorney.
APPROVED
Mary F. Parker David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32953-060396.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
399
WHEREAS, Lawrence H. Logan, Sr., has made application to the Council
of the City of Roanoke to have the hereinafter described property rezoned from LM,
Light Manufacturing District, to CN, Neighborhood 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 20, 1996, 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. 111 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
A certain tract of land located at 701 Salem Avenue, S. W., and
designated on Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 1111118, be, and is hereby rezoned from LM, Light Manufacturing
District, to CN, Neighborhood Commercial District, subject to the proffers contained
in the Second Amended Petition filed in the Office of the City Clerk on April 29, 1996,
and that Sheet No. 111 of the Zone Map be changed in this respect.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
400
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32954-060396.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 275 and No. 276, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City.
WHEREAS, Roanoke-Salem Business Center, LLC, has made
application to the Council of the City of Roanoke to have the hereinafter described
property rezoned from C-2, General Commercial District, and RM-1, Residential
Multi-family, Low Density District, to IPUD, Industrial Planned Unit Development
District, subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on May 20, 1996, 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. 275 and
No. 276 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the
following particular and no other:
That property beginning at a point approximately 250 feet, more or less,
south of Melrose Avenue, and bearing Official Tax No. 2761701, and that property
fronting Polk Street, N. W., and bearing Official Tax No. 2750101, be, and hereby are
rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit
Development District; and that property fronting on Michigan Avenue, N. W., and
bearing Official Tax No. 2750102, be, and is hereby rezoned from RM-I, Residential
401
Multifamily, Low Density District, to IPUD, Industrial Planned Unit Development
District, as requested in the Second Amended Petition filed in the Office of the City
Clerk on April 24, 1996, and that Sheet No. 275 and No. 276 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 3rd day of June, 1996.
No. 32956-060396.
AN ORDINANCE amending and reordaining Sections 7-14, Permit and
inspections fees, of Article II, Buildinq Code, of Chapter 7, Buildinp Repulations; 11-
9, Same - Review and inspection fee, of Chapter 11, Erosion and Sediment Control;
26-4.1, Sewer connection fees and charpe$, of Article I, In General, of Chapter 26,
Sewers and Sewape Disposal; and 30-62, Fee, of Division 2, Permit, of Article III,
Street Excavations, of Chapter 30, Streets and Sidewalks, to provide an option for
deferred payment of certain fees; and adding new Section 2-178.2, Deferred Paymenf;
Propram, to Article VIII, Finance Generally, of Chapter 2, Administration, of the Code
of the City of Roanoke (t979), as amended, to establish procedures for a deferred
payment program; and providing for an effective date.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Sections 7-14, Permit and inspections fees, of Article II, Buildimj
Code, of Chapter 7, Buildinq Requlations; 11-9, Same - Review and insoection fee,
of Chapter 11, Erosion and Sediment Conf;rQl; 26-4.1, Sewer connection fees and
char_~es, of Article I, In General, of Chapter 26, Sewers and Sewa_~e Disposal; and
30-62, Fee, of Division 2, Permit, of Article III, Street Excavations, of Chapter 30,
Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, are
hereby amended and reordained to read and provide as follows:
402
Sec. 7-14. Permi~ and inspection fees.
(a) The fees for permits, inspections and
reinspections required by the building code adopted by
this article 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.
(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; no
permit fee for maintenance and minor remodeling
performed by city employees on city property shall be due
or payable.
Sec. 11-9. Same - Review and ins0ection fee.
A plan review and inspection fee, in such amount as
may be prescribed from time to time by the council, shall
be paid (a) in full at the time of filing an erosion and
sediment control plan under section 11-8 of this chapter,
or (b) pursuant to the Deferred Payment Program set forth
in section 2-178.2 of this Code.
Sec. 26-4.1. Sewer connection fees and ¢harpe$.
Sewer connection fees and charges shall be such
as are, from time to time, fixed and prescribed by the city
council. These fees and charges shall be paid (a) in full at
the time the application required by sections 26-4 or 26-8
of this article is filed, or (b) pursuant to the Deferred
Payment Program set forth in section 2-178.2 of this Code.
Sec. 30-62. Fee.
403
An inspection fee or charge, in such amount as is
prescribed by the city council, shall be charged and
collected for each permit issued under this division. Such
fees shall be paid (a) in full prior to the issuance of the
permit, or (b) pursuant to the Deferred Payment Program
set forth in section 2-178.2 of this Code. Any public utility
company or its contractor conducting work requiring a
permit in connection with a city or Virginia Department of
Transportation sponsored project shall be exempt from
such fee.
2. Article VIII, Finance Generally, of Chapter 2, Administration, of the
Code of the City of Roanoke (t 979), as amended, be, and is hereby, amended and
reordained by the addition of the following section:
Sec. 2-178.2. Deferred Payment Proflram.
(a) This program is available only for the
payment of only those fees, charges and expenses which
are identified in this Code as eligible for payment pursuant
to the Deferred Payment Program or pursuant to a City of
Roanoke Deferred Payment Agreement. Prior to being
eligible to participate in this program, all participants must
furnish to the city the following:
(1)
a completed and properly executed
application form,
(2)
a completed and properly executed
deferred payment agreement, and
4O4
(3)
security which shall be in the form of
either an irrevocable letter of credit,
completed and properly executed
deferred payment bond, or cash
escrow.
(b) The amount of the irrevocable letter of credit,
deferred payment bond or cash escrow shall be the
maximum amount the participant may owe the city at any
one time pursuant to the deferred payment program.
When a participant's deferred payment account is at the
maximum amount, the participant shall not be permitted to
incur more fees, charges or expenses pursuant to this
program.
(c) The Office of Billings and Collections for the
city shall bill the participants of this program on a
monthly basis for the amounts charged to their deferred
payment account. Within thirty (30) days of the date of
such a bill, the participant shall pay the amount indicated
on the bill to the city treasurer. Any amounts which have
been billed but not paid within thirty (30) days shall be
overdue. In addition to the interest assessed pursuant to
section 2-178.1 of this chapter, a ten (10%) late payment
penalty shall be imposed on all overdue amounts.
(d) If any deferred payment program account is
overdue by more than thirty (30) days, the city shall seek
payment of the overdue account from the security without
further notice to the participant, and the participant shall
be barred from further participation in this program.
(e) The director of finance of the city shall
promulgate such other rules and regulations which he
deems necessary for the administration of the deferred
payment program.
4O5
This ordinance shall be in full force and effect on and after July 1,
1996.
ATTEST:
Mary F. Parker
APPROVED
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32959-060396.
AN ORDINANCE amending Article I. In General and Article II. Business.
Professional and Occu_~ational License Taxation, of Chapter 19, License Tax Code,
of the Code of the City of Roanoke (1979), as amended, by the addition of new
Sections 19-1.1, Intent of this chaDter: lev.v and _=ur_oose of ~ax; 19-1.2, License
re~_uirement: reo_uirin_~ evidence of _~a.vment of business license, business I~er~onal
_~ro_~ert.v. meals and admissions taxes; 19-1.3, Exce_~flons; 19-22.1, Limitations and
extensions; 19-32.1, A_~_oeals and rulings; 19-32.2, Situs of ~_ross recei_~ts: _~eneral
rule; 19-32.3, A_~_oortionment of _~ross recei_~ta and a~_reemenf~; by amending
Sections 19-2, Definitions; 19-5, A_~_~ointment and _~eneral _~owers and dlJfles of
license ins_~ector and de_~uties; 19-9, Se_;)arate license for each _~lace and cla$~ of
business; 19-11, A_~_~lication for license: a_~_~licant's oath; t9-20, When tax _oa_vable:
installment _~a.vment: _oenalt.v for late _~a_vment: re_~ort and ¢olle0f;ion of
delin~_uencies; 19-24, Term of license: _~roration of tax; 19-30, Tax_~a.ver's records;
and 19-45, License tax cate_~ories and rates; by REPEALING Sections 19-4, License
.year; 19-8, License re~_uired; 19-10, Se_oarate license for each class of business; 19-
13, Lev.v and _our_~ose of taxes; 19-14, Tax not imposed contrary_ to state or federal
law; and 19-15, Liability_ for tax _~enerall_v; and providing for an effective date.
WHEREAS, the City of Roanoke did on Sunday, May 12, 1996, duly and
legally publish in The Roanoke Times, a newspaper having general circulation in the
City, a notice that the issuance fee for the license tax is recommended to be $50.00;
and
WHEREAS, a public hearing was held on said issuance fee by this
Council at its regular meeting on May 20, 1996, at 7:00 p.m., after due and timely
notice thereof by publication in The Roanoke Times, at which hearing all citizens
were afforded the opportunity to be heard on said proposed $50.00 license issuance
fee.
406
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. Article I. In General, of Chapter 19, License Tax Code. of the Code
of the City of Roanoke (1979), as amended, be, and is hereby, amended and
reordained by the addition of the following sections:
Article I. In General.
§19-1.1. Intent of this chaDter: levy and _r)ur_oose of tax.
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 and license tax
under this chapter.
There is hereby levied and there shall be assessed
and collected a fifty dollar ($50.00) fee for issuing each
license required by the chapter as well as license taxes as
set forth in this chapter, for each and every license year
until otherwise changed, which license taxes shall be for
the support of the city government, the payment of the city
debts and interest thereon and for other municipal
purposes.
Sec. 19-1.2. License required; requiring evidence of
payment of business license, business personal property,
meals and admissions taxes.
(a) Whenever a license is required by this chapter, it shall
be unlawful to engage in any business, employment or
profession for which a license issuance fee or license tax
is imposed by this chapter, without first obtaining the
required license.
(b) No business license under this chapter shall be
issued until the applicant has produced satisfactory
evidence that all delinquent business license, personal
407
property, meals, transient occupancy, severance and
admissions taxes owed by the business to the city have
been paid.
(c) Any person who engages in a business without
obtaining the required license, or after being refused a
license, shall not be relieved of the license issuance fee or
license tax imposed by the Chapter.
(d) If any person shall commence to engage in any
business, employment or profession licensable under this
chapter without first obtaining such license, such person
shall be guilty of a misdemeanor, and, unless otherwise
specifically provided by this chapter, shall on conviction
thereof, be fined not more than one thousand dollars
($1,000.00). Such conviction thereof shall not relieve any
such person from the payment of the license issuance fee
or license tax prescribed by this chapter. If such violation
is continued for one month, such person shall moreover
be subject to a penalty of ten (10) percent of the amount of
the license tax which was due and payable at the
beginning of such month, in addition to the license tax
imposed by this chapter, and such penalty shall be
assessed and paid along with the license tax and shall
become a part of the license tax and shall be enforced in
the manner provided by the law for the enforcement of the
collection of other taxes.
(e) If the commissioner of revenue has knowledge of a
violation of this section, it shall be his duty to cause the
person in violation to be summoned before him to obtain
the required license, or to cause such person to be
summoned before the general district court to be tried for
the violation, or both. The duty herein imposed on the
commissioner shall not relieve the police force of the city
from the general duty of enforcing the provisions of this
chapter or any other ordinance of the city.
Sec. 19-1.3. Exce_otions.
(a) No license issuance fee or license tax shall be
imposed or levied:
408
On any public service corporation except as
provided in § 58.1-373t, Code of Virginia
(1950), as amended, or as permitted by other
provisions of state law;
For selling farm or domestic products or
nursery products, ornamental or otherwise,
or for the planting of nursery products, as an
incident to the sale thereof, outside of the
regular market houses and sheds of such
county, city or town; provided, such products
are grown or produced by the person offering
such products for sale;
Upon the privilege or right of printing or
publishing any newspaper, magazine,
newsletter or other publication issued daily
or regularly at average intervals not
exceeding three months, provided the
publication's subscription sales are exempt
from state sales tax, or for the privilege or
right of operating or conducting any radio or
television broadcasting station or service;
m
On a manufacturer for the privilege of
manufacturing and selling goods, wares and
merchandise at wholesale at the place of
manufacture;
On a person engaged in the business of
severing minerals from the earth for the
privilege of selling the severed mineral at
wholesale at the place of severance, except
as provided in sections 58.1-3712 and 58.1-
3713 Code of Virginia (1950), as amended;
Upon a wholesaler for the privilege of selling
goods, wares and merchandise to other
persons for resale unless such wholesaler
has a definite place of business or store in
the city or town; this subsection shall not be
409
construed as prohibiting the city from
imposing a local license issuance fee or
license tax on a peddler at wholesale
pursuant to §19-81 of this chapter;
w
Upon any person, firm or corporation for
engaging in the business of renting, as the
owner of such property, real property other
than hotels, motels, motor lodges, auto
courts, tourist courts, travel trailer parks,
lodging houses, rooming houses and
boardinghouses; however, any such license
tax imposed on January 1, 1974, shall not be
precluded from the levy of such tax by the
provisions of this subsection;
Upon a wholesaler or retailer for the privilege
of selling bicentennial medals on a nonprofit
basis for the benefit of the Virginia
Independence Bicentennial Commission or
any local bicentennial commission;
On or measured by receipts for management,
accounting, or administrative services
provided on a group basis under a nonprofit
cost-sharing agreement by a corporation
which is an agricultural cooperative
association under the provisions of section
13.1-312 et seq., Code of Virginia (1950), as
amended, or a member or subsidiary or
affiliated association thereof, to other
members of the same group; this subsection
shall not exempt any such corporation from
such license or other tax measured by
receipts from outside the group;
10.
On or measured by receipts or purchases by
a corporation which is a member of an
affiliated group of corporations from other
members of the same affiliated group; this
exclusion shall not exempt affiliated
corporations from such license or other tax
measured by receipts or purchases from
410
11.
12.
13.
outside the affiliated group; this exclusion
also shall not preclude the city from levying
a wholesale merchant's license issuance fee
or license tax on an affiliated corporation on
those sales by the affiliated corporation to a
nonaffiliated person, company, or
corporation, notwithstanding the fact that the
wholesale merchant's license tax would be
based upon purchases from an affiliated
corporation; such tax shall be based on the
purchase price of the goods sold to the
nonaffiliated person, company, or
corporation; As used in this subsection the
term "sales by the affiliated corporation to a
nonaffiliated person, company or
corporation" shall mean sales by the
affiliated corporation to a nonaffiliated
person, company or corporation where
goods sold by the affiliated corporation or its
agent are manufactured or stored in the
Commonwealth prior to their delivery to the
nonaffiliated person, company or
corporation.
On any insurance company subject to
taxation under section 58.1-2500 et seq.,
Code of Virginia (1950), as amended, or on
any agent of such company;
On any bank or trust company subject to
taxation under § 58.1-1200 et seq., Code of
Virginia (1950), as amended;
Upon a taxicab driver, if the city has imposed
a license tax upon the taxicab company for
which the taxicab driver operates;
411
14.
On any blind person operating a vending
stand or other business enterprise under the
jurisdiction of the Department for the Visually
Handicapped, or a nominee of the
Department, as set forth in §63.1-164 Code of
Virginia (1950), as amended;
15.
On any hospital, college, university, or other
institution of learning not organized or
conducted for pecuniary profit which by
reason of its purposes or activities is exempt
from income tax under the laws of the United
States unless such tax was enacted by the
city prior to January 15, 1991; the provisions
of this subsection shall expire on July 1,
1997;
16.
On an accredited religious practitioner in the
practice of the religious tenets of any church
or religious denomination; "Accredited
religious practitioner" shall be defined as one
who is engaged solely in praying for others
upon accreditation by suc.h church or
religious denomination; ~i
17.
On or measured by receipts of a charitable
nonprofit organization except to the extent
the organization has receipts from an
unrelated trade or business the income of
which is taxable under Internal Revenue
Code § 511 et seq; for the purpose of this
subsection, "charitable nonprofit
organization" means an organization which is
described in Internal Revenue Code § 501(c)
(3) and to which contributions are deductible
by the contributor under Internal Revenue
Code §170, except that educational
institutions shall be limited to schools,
colleges and other similar institutions of
learning.
412
18.
On or measured by gifts, contributions, and
membership dues of a nonprofit
organization; activities conducted for
consideration which are similar to activities
conducted for consideration by for-profit
businesses shall be presumed to be activities
that are part of a business subject to
licensure; for the purpose of this subsection,
"nonprofit organization" means an
organization exempt from federal income tax
under Internal Revenue Code §501 other than
charitable nonprofit organizations; or
19.
On any venture capital fund or other
investment fund, except commissions and
fees of such funds. However, gross receipts
from the sale and rental of real estate and
buildings remain taxable by the city provided
the real estate is located in the city and
provided the city is otherwise authorized to
tax such business and rental of real estate.
(b) Nothing contained in this chapter shall be construed
as attempting to impose any license tax on any business,
occupation, trade, calling or profession, or on any part
thereof, that is exempt by state or federal law from local
license taxation.
Sec. 19-22.1. Limitations and extensions.
(a) Where, before the expiration of the time prescribed
for the assessment of any license tax imposed pursuant
to this chapter, both the commissioner and the taxpayer
have consented in writing to its assessment after such
time, the tax may be assessed at any time prior to the
expiration of the period agreed upon. The period so
agreed upon may be extended by subsequent agreements
in writing made before the expiration of the period
previously agreed upon.
(b) If the commissioner ascertains that any license
issuance fee or license tax has not been assessed for the
current license year or any of the three preceding license
years or that the same has been assessed at less than the
law requires, the commissioner shall assess the license
issuance fee or license tax for such year or years at the
rats or rates prescribed for that tax year or years.
(c) On and after January 1, 2003, pursuant to §58.1-
3703.t A.4. b. and B.2., Code of Virginia (1950), as
amended, if the commissioner ascertains that because of
fraud or failure to apply for a license any license issuance
fee or license tax has not been assessed for the current
license year or any of the six preceding license years or
that the same has been assessed at less than the law
requires, the commissioner shall assess the license
issuance fee and license tax for such year or years at the
rate or rates prescribed for that tax year or years. Nothing
is this subsection shall be deemed to limit the
commissioner's authority or duty to assess taxes which
have not been assessed or have been assessed at less
than the law requires as set forth in subsection (b) above.
(d) The period for collecting any local license issuance
fee and license tax shall not expire prior to the period
specified in § 58.1-3940, Code of Virginia (1950), as
amended; two years after the date of assessment if the
period for assessment has been extsnded pursuant to this
section; two years after the final determination of an
appeal for which collection has been stayed pursuant to
section 19-32.1(b) or (d) of this chaptsr; or two years after
the final decision in a court application pursuant to § 58.1-
3984 or similar law for which collection has been stayed;
whichever is later.
Sec.19-32.1. AD_~eals and rulings.
(a) Any person assessed with a license tax as a result
of an audit may apply within ninety days from the date of
such assessment to the commissioner for a correction of
the assessment. The application must be filed in good
faith and sufficiently identify the taxpayer, audit period,
remedy sought, each alleged error in the assessment, the
grounds upon which the taxpayer relies, and any other
facts relevant to the taxpayer's contention. The
commissioner may hold a conference with the taxpayer if
requested by the taxpayer, or require submission of
additional information and documents, a further audit, or
413
414
other evidence deemed necessary for a proper and
equitable determination of the application. The
assessment shall be deemed prima facie correct. The
commissioner shall undertake a full review of the
taxpayer's claims and issue a determination to the
taxpayer setting forth its position. Every assessment
pursuant to an audit shall be accompanied by a written
explanation of the taxpayer's right to seek correction and
the specific procedure to be followed. This written
explanation shall include the name and address to which
such an application should be directed.
(b) Provided a timely and complete application is made,
collection activity shall be suspended until a final
determination is issued by the commissioner, unless the
commissioner determines that collection would be
jeopardized by delay or that the taxpayer has not
responded to a request for relevant information after a
reasonable time. Interest shall accrue in accordance with
the provisions of section 19-20(g) of this chapter, but no
further penalty shall be imposed while collection action is
suspended. The term "jeopardized by delay" includes a
finding that the application is frivolous, or that a taxpayer
desires to (i) depart quickly from the city, (ii) remove his
property therefrom, (iii) conceal himself or his property
therein, or (iv) do any other act tending to prejudice, or to
render wholly or partially ineffectual, proceedings to
collect the tax for the period in question.
(c) Any person assessed with a local license tax as a
result of an audit may apply within ninety days of the
determination by the assessing official on an application
pursuant to subsection (a) of this section to the Tax
Commissioner for a correction of such assessment. The
Tax Commissioner shall issue a determination to the
taxpayer within ninety days of receipt of the taxpayer's
application, unless the taxpayer and the assessing official
are notified that a longer period will be required. The
application shall be treated as an application pursuant to
§ 58.1-1821 Code of Virginia (1950), as amended, and the
Tax Commissioner may issue an order correcting such
assessment pursuant to § 58.1-1822 Code of Virginia
(1950), as amended. Following such an order, either the
taxpayer or the assessing official may apply to the
appropriate circuit court pursuant to § $8.1-3984 Code of
Virginia (1950), as amended. However, the burden shall be
on the party making the application to show that the ruling
of the Tax Commissioner is erroneous. Neither the Tax
Commissioner nor the Department of Taxation shall be
made a party to an application to correct an assessment
merely because the Tax Commissioner has ruled on it.
(d) On receipt of a notice of intent to file an appeal to
the Tax Commissioner under subsection (c) of this
section, the assessing official shall notify the treasurer
and the director of finance of appeal. The treasurer and
the director of finance shall suspend collection activity
until a final determination is issued by the Tax
Commissioner, unless the commissioner determines that
collection would be jeopardized by delay or that the
taxpayer has not responded to a request for relevant
information after a reasonable time. Interest shall accrue
in accordance with the provisions of section t9-20(g) this
chapter, but no further penalty shall be imposed while
collection action is suspended. The term "jeopardized by
delay" shall have the same meaning as set forth in
subsection (b) above.
(e) Any taxpayer may request a written ruling regarding
the application of a local license tax to a specific situation
from the commissioner. Any person requesting such a
ruling must provide all the relevant facts for the situation
and may present a rationale for the basis of an
interpretation of the law most favorable to the taxpayer.
Any misrepresentation or change in the applicable law or
the factual situation as presented in the ruling request
shall invalidate any such ruling issued. A written ruling
may be revoked or amended prospectively if (i) there is a
change in the law, a court decision, or the guidelines
issued by the Department of Taxation upon which the
ruling was based or (ii) the commissioner notifies the
taxpayer of a change in the policy or interpretation upon
which the ruling was based. However, any person who
acts on a written ruling which later becomes invalid shall
be deemed to have acted in good faith during the period in
which such ruling was in effect.
415
416
(f) The provision of this section relating to
administrative and judicial review of an assessment shall
be applicable to assessments made on and after January
1, 1997, even if for an earlier license year.
Sec. 19-32.2. Situs of _=ross receipts: _~eneral rule.
(a) Whenever the tax imposed by this chapter is
measured by gross receipts, the gross receipts included
in the taxable measure shall be only those gross receipts
attributed to the exercise of a privilege subject to license
at a definite place of business within the city. In the case
of activities conducted outside of a definite place of
business, such as during a visit to a customer location,
the gross receipts shall be attributed to the definite place
of business from which such activities are initiated,
directed or controlled. The situs of gross receipts for
different classifications of business shall be attributed to
one or more definite places of business or offices as
follows:
(1)
The gross receipts of a contractor shall be
attributed to the definite place of business at
which his services are performed, or if his
services are not performed at any definite
place of business, then the definite place of
business from which his services are
directed or controlled, unless the contractor
is subject to the provisions of § 58.1-3715
Code of Virginia (1950), as amended;
(2)
The gross receipts of a retailer or wholesaler
shall be attributed to the definite place of
business at which sales solicitation activities
occur, or if sales solicitation activities do not
occur at any definite place of business, then
the definite place of business from which
sales solicitation activities are directed or
controlled; however, a wholesaler or
distribution house subject to a license tax
417
measured by purchases shall determine the
situs of its purchases by the definite place of
business at which or from which deliveries of
the purchased goods, wares and
merchandise are made to customers. Any
wholesaler who is subject to license tax in
the city and in another locality or other
localities and who is subject to multiple
taxation because the localities use different
measures, may apply to the Commonwealth
of Virginia Department of Taxation for a
determination as to the proper measure of
purchases and gross receipts subject to
license tax in each locality;
(3)
The gross receipts of a business renting
tangible personal property shall be attributed
to the definite place of business from which
the tangible personal property is rented or, if
the property is not rented from any definite
place of business, then to the definite place
of business at which the rental of such
property is managed; and
(4)
The gross receipts from the performance of
services shall be attributed to the definite
place of business at which the services are
performed or, if not performed at any definite
place of business, then to the definite place
of business from which the services are
directed or controlled.
Sec. 19-32.3. Apportionment of _oross receipts and a~jreements.
(a) If a licensee has more than one definite place of
business and it is impractical or impossible to determine
to which definite place of business gross receipts should
be attributed under the general rule, the gross receipts of
the business shall be apportioned between the definite
places of businesses on the basis of payroll. Gross
receipts shall not be apportioned to a definite place of
business unless some activities under the applicable
general rule occurred at, or were controlled from such
418
definite place of business. Gross receipts attributable to
a definite place of business outside of the city shall not be
attributed to the city solely because the other jurisdiction
does not impose a tax on the gross receipts attributable to
the definite place of business in such other jurisdiction.
(b) The commissioner may enter into agreements with
any other political subsection of Virginia concerning the
manner in which gross receipts shall be apportioned
among definite places of business. However, the sum of
the gross receipts apportioned by the agreement shall not
exceed the total gross receipts attributable to all of the
definite places of business affected by the agreement.
Upon being notified by a taxpayer that its method of
attributing gross receipts is fundamentally inconsistent
with the method of one or more political subsections in
which the taxpayer is licensed to engage in business and
that the difference has, or is likely to, result in taxes on
more than 100 percent of its gross receipts from all
locations in the affected jurisdictions, the commissioner
shall make a good faith effort to reach an apportionment
agreement with the other political subsections involved.
If an agreement cannot be reached either the
commissioner or taxpayer may seek an advisory opinion
from the Commonwealth of Virginia Department of
Taxation pursuant to § 58.1-3701 Code of Virginia (1950),
as amended. Notice of the request shall be given to the
other party. Notwithstanding the provisions of § 58.1-3993
Code of Virginia (1950), as amended, when a taxpayer has
demonstrated to a court that two or more political
subdivisions of Virginia have assessed taxes on gross
receipts that may create a double assessment within the
meaning of § 58.1-3986 Code of Virginia (1950), as
amended, the court shall enter such orders pending
resolution of the litigation as may be necessary to ensure
that the taxpayer is not required to pay multiple
assessments even though it is not then known which
assessment is correct and which is erroneous.
2. Sections 19-2, Definitions; 19-5, Ap_oointment and ~jeneral powers
and duties of license ins_oector and de_Duties; 19-9, Separate license for each place
and class of business; 19-11, A_o_olication for license: applicant's oath; 19-20, When
tax payable: installment payment: penalty_ for late payment: report and collection of
delinu_uencie$; 19-24, Term of license: proration of tax; 19-30, Tax_oa_ver's records;
419
of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as
amended, are hereby amended and reordained to read and provide as follows:
§19-2. Definitions.
The following words and terms shall have the meanings
respectively ascribed to them in this section for the
purpose of this chapter:
(a) "Affiliated group" shall mean:
One or more chains of corporations subject
to inclusion connected through stock
ownership with a common parent corporation
which is a corporation subject to inclusion if:
Stock possessing at least eighty
percent of the voting power of all
classes of stock and at least eighty
percent of each class of the nonvoting
stock of each of the corporations
subject to inclusion, except the
common parent corporation, is owned
directly by one or more of the other
corporations subject to inclusion; and
The common parent corporation
directly owns stock possessing at
least eighty percent of the voting
power of all classes of stock and at
least eighty percent of each class of
the nonvoting stock of at least one of
the other subject to inclusion
corporations. As used in this
subsection, the term "stock" does not
include nonvoting stock which is
limited and preferred as to dividends;
the phrase "corporation subject to
inclusion" means any corporation
within the affiliated group irrespective
of the state or country of its
incorporation; and the term "receipts"
includes gross receipts and gross
income.
420
Two or more corporations if five or fewer
persons who ars individuals, estates or
trusts own stock possessing:
At least eighty percent of the total
combined voting power of all classes
of stock entitled to vote or at least
eighty percent of the total value of
shares of all classes of the stock of
each corporation; and
More than fifty percent of the total
combined voting power of all classes
of stock entitled to vote or more than
fifty percent of the total value of
sharss of all classes of stock of each
corporation, taking into account the
stock ownership of each such person
only to the extent such stock
ownership is identical with respect to
each such corporation.
When one or more of the corporations
subject to inclusion, including the
common parent corporation, is a
nonstock corporation, the term "stock"
as used in this subsection shall refer
to the nonstock corporation
membership or membership voting
rights, as is appropriate to the context.
(b) "Assessment" shall mean a determination as to the
proper rate of tax, the measure to which the tax rate is
applied, and ultimately the amount of tax, including
additional or omitted tax, that is due. An assessment shall
include a written assessment made pursuant to notice by
the assessing official or a self-assessment made by a
taxpayer upon the filing of a return or otherwise not
pursuant to notice. Assessments shall be deemed made
by an assessing official when a written notice of
assessment is delivered to the taxpayer by the assessing
official or an employee of the assessing official, or mailed
to the taxpayer at his last known address. Self-
assessments shall be deemed made when a return is filed,
or if no return is required, when the tax is paid. A return
filed or tax paid before the last day prescribed by
ordinance for the filing or payment thereof shall be
deemed to be filed or paid on the last day specified for the
filing of a return or the payment of tax, as the case may be.
(c) "Base year" shall mean the calendar year preceding
the license year, except for contractors subject to the
provisions of § 58.1-3715 or unless the local ordinance
provides for a different period for measuring the gross
receipts of a business, such as for beginning businesses
or to allow an option to use the same fiscal year as for
federal income tax purposes.
(d) "Business" shall mean a course of dealing which
requires the time, attention and labor of the person so
engaged for the purpose of earning a livelihood or profit.
It implies a continuous and regular course of dealing,
rather than an irregular or isolated transaction. A person
may be engaged in more than one business. The following
acts shall create a rebuttable presumption that a person is
engaged in a business: (i) advertising or otherwise
holding oneself out to the public as being engaged in a
particular business or (ii) filing tax returns, schedules and
documents that are required only of persons engaged in
a trade or business.
(e) "Commissioner" shall mean the commissioner of
the revenue of the city.
(f) "Definite place of business" shall mean an office or
a location at which occurs a regular and continuous
course of dealing for thirty consecutive days or more. A
definite place of business for a person engaged in
business may include a location leased or otherwise
obtained from another person on a temporary or seasonal
basis and real property leased to another. A person's
residence shall be deemed to be a definite place of
business if there is no definite place of business
maintained elsewhere and the person is not subject to
licensure as a peddler or itinerant merchant.
(g) "Director of finance" shall mean the director of
finance of the city.
421
422
(h) "Financial services" shall mean the buying, selling,
handling, managing, investing, and providing of advice
regarding money, credit, securities, or other investments.
(i) "Gross receipts" shall mean the whole, entire, total
receipts, without deduction. Gross receipts shall not
include any amount not derived from the exercise of the
licensed privilege to engage in a business or profession
in the ordinary course of business. The following items
are excluded from gross receipts:
Amounts received and paid to the United
States, the Commonwealth or any county,
city or town for the Virginia retail sales or use
tax, for any local sales tax or any local excise
tax on cigarettes, for any federal or state
excise taxes on motor fuels.
Any amount representing the liquidation of a
debt or conversion of another asset to the
extent that the amount is attributable to a
transaction previously taxed (e.g., the
factoring of accounts receivable created by
sales which have been included in taxable
receipts even though the creation of such
debt and factoring are a regular part of its
business).
Any amount representing returns and
allowances granted by the business to its
customer.
Receipts which are the proceeds of a loan
transaction in which the licensee is the
obligor.
Receipts representing the return of principal
of a loan transaction in which the licensee is
the creditor, or the return of principal or
basis upon the sale of a capital asset.
Rebates and discounts taken or received on
account of purchases by the licensee. A
rebate or other incentive offered to induce
the recipient to purchase certain goods or
services from a person other than the offeror,
and which the recipient assigns to the
licensee in consideration of the sale goods
and services shall not be considered a rebate
or discount to the licensee, but shall be
included in the licensee's gross receipts
together with any handling or other fees
related to the incentive.
Withdrawals from inventory for purposes
other than sale or distribution and for which
no consideration is received and the
occasional sale or exchange of assets other
than inventory whether or not a gain or loss
is recognized for federal income tax
purposes.
Investment income not directly related to the
privilege exercised by a business subject to
licensure not classified as rendering financial
services. This exclusion shall apply to
interest on bank accounts of the business,
and to interest, dividends and other income
derived from the investment of its own funds
in securities and other types of investments
unrelated to the licensed privilege. This
exclusion shall not apply to interest, late fees
and similar income attributable to an
installment sale or other transaction that
occurred in the regular course of business.
The following shall be deducted from gross receipts or
gross purchases that would otherwise be taxable:
Any amount paid for computer hardware and
software that are sold to a United States
federal or state government entity provided
423
424
that such property was purchased within two
years of the sale to said entity by the original
purchaser who shall have been contractually
obligated at the time of purchase to resell
such property to a state or federal
government entity. This deduction shall not
occur until the time of resale and shall apply
to only the original cost of the property and
not to its resale price, and the deduction
shall not apply to any of the tangible
personal property which was the subject of
the original resale contract if it is not resold
to a state or federal government entity in
accordance with the original contract
obligation.
Any receipts attributable to business
conducted in another state or foreign country
in which the taxpayer is liable for an income
or other tax based upon income.
(j) "License year" shall mean the calendar year for
which a license is issued for the privilege of engaging in
business.
(k) "Merchant" shall mean any person whose business,
or any part of it, consists of buying, or otherwise
acquiring, and selling, leasing or otherwise disposing of
goods, wares, merchandise, commodities, supplies,
machinery, equipment or any other article of personal
property.
(I) "Professional services" shall mean services
performed by architects, attorneys-at-law, certified public
accountants, dentists, engineers surveyors, surgeons,
veterinarians, and practitioners of the healing arts (the
arts and sciences dealing with the prevention, diagnosis,
treatment and cure or alleviation of human physical or
mental ailments, conditions, diseases, pain or infirmities)
and such occupations, and no others, as the Department
of Taxation may list in the BPOL guidelines promulgated
pursuant to § 58.1-3701. The department shall identify and
list each occupation or vocation in which a professed
knowledge of some department of science or learning,
gained by a prolonged course of specialized instruction
and study, is used in its practical application to the affairs
of others, either advising, guiding, or teaching them and
in serving their interests or welfare in the practice of an art
or science founded on it. The word "profession" implies
attainments in professional knowledge as distinguished
from mere skill, and the application of knowledge to uses
for others rather than for personal profit.
(m) "Purchases" shall mean all goods, wares and
merchandise received for sale at each definite place of
business of a wholesale merchant. The term shall also
include the cost of manufacture of all goods, wares and
merchandise manufactured by any wholesale merchant
and sold or offered for sale. A wholesale merchant may
elect to report the gross receipts from the sale of
manufactured goods, wares and merchandise if it cannot
determine the cost of manufacture or chooses not to
disclose the cost of manufacture.
(n) "Real estate services" means providing a service
with respect to the purchase, sale, lease, rental, or
appraisal of real property.
(o) "Treasurer" shall mean the treasurer of the city.
Sec. 19-5. Appointment and general powers and duties of
license ins_~ector and de_outie;,
(a) The commissioner shall designate some person in
his office to act as license inspector of the city, and may
designate such other persons in his office to act as deputy
license inspectors as he may deem necessary and proper.
The license inspector and all deputy license inspectors
shall at all times be under the supervision and control of
the commissioner.
(b) The license inspector and deputy license inspectors
shall ascertain the name of each person engaged in
conducting any business, occupation, profession or other
activity in the city without having obtained a license
therefor pursuant to this chapter.
425
426
(c) The license inspector and deputy license inspectors
shall have the power and right, at all reasonable times, to
examine the books and records of any taxpayer liable for
taxes assessable under this chapter, with respect to the
possible liability of any person using the facilities of such
taxpayer, as well as with respect to the liability of the
taxpayer whose books and records are so examined.
(d) The license inspector is authorized and empowered
to summons any person before him, in the office of the
commissioner, and require the production of any or all of
such persons records, books and papers relevant to the
matter under investigation. The license inspector is
authorized and empowered to make other investigations
and audits of the records, books and papers of such
person, as the license inspector shall deem proper in
order to accurately determine the proper return to be
made by such person. If it shall appear that purchases,
sales, amount of business or other matters pertinent to
the assessment have been incorrectly reported or
returned or underestimated, the license inspector shall
make a report to the commissioner who, if he is satisfied
that such person has made an incorrect report or return or
an underestimate, shall assess such person with the
proper city license tax and with such penalty as may be
provided for in this chapter.
(e) Every person who shall fail to appear before the
license inspector or, appearing, fails or refuses to produce
such records, books and papers, when duly summoned,
or shall refuse to permit the license inspector to make
such other and further investigation and audit of such
books and papers as aforesaid, shall be guilty of a Class
3 misdemeanor.
Sec. 19-9. Separate license for each place and class of
business.
A separate license shall be required for each definite
place of business and for each business. A person
engaged in two or more businesses or professions carried
on at the same place of business may elect to obtain one
license for all such businesses and professions if all of
the following criteria are satisfied: (i) each business or
profession is subject to licensurs at the location and has
satisfied any requirements imposed by state law or other
provisions of the Code of the City of Roanoke; (ii) all of
the businesses or professions ars subject to the same tax
rate, or, if subject to different tax rates, the licensee
agrses to be taxed on all businesses and professions at
the highest rate; and (iii) the taxpayer agrses to supply
such information as the commissioner may requirs
concerning the naturs of the several businesses and their
gross receipts.
Sec. 19-11. Application for license: apolicant'~ Path.
(a) Every person shall apply for a license for each
business or profession when engaging in a business in
the city if (i) the person has a definite place of business in
the city; (ii) there is no definite place of business
anywhere and the person resides in the city; or (iii) there
is no definite place of business in the city but the person
operates amusement machines or is classified as an
itinerant merchant, peddler, carnival, circus, contractor
subject to § 58.1-3715 Code of Virginia (1950), as
amended, or public service corporation.
(b) Such application shall be written and deliversd to
the commissioner and shall state the rssidence of the
applicant, the nature and proposed location of the
business or profession. Such application may be made
upon the form of application prsscribed by the state
department of taxation for application for state licenses,
provided such form is stamped, printed or overprinted to
indicate its use for applying for a license under this
chapter, or upon such other form of application as may be
prescribed by the commissioner. The commissioner shall
keep such application on file in his office.
(c) Every person liable for a license issuance fee and
license tax which, under this chapter, is based upon the
amount of his actual or probable purchases, sales or
commissions, or of the gross receipts from his business
or profession, or graded in any other way shall, before he
is granted such license, be required to make oath in
writing before some notary public, not himself a state or
city officer or directly or indirectly employed by such
427
428
officer, or before the commissioner, upon forms furnished,
showing the amount of his actual or probable purchases,
sales or commissions, or of the gross receipts from his
business or profession, or of the fair value of articles
manufactured, processed or produced, or any other matter
that may be pertinent to the assessment of the tax on such
license. In the case of a corporation, such oath shall be
made by the chief officer or agent resident in the city or in
charge of the business, and in case of an unincorporated
firm, by any member thereof. The form of such oath shall
be such that the application and oath shall be separately
made and signed.
(d) If any person shall make any false statement in any
application or affidavit required by this section, he shall be
guilty of a misdemeanor, and upon conviction thereof,
shall be fined not more than one thousand dollars
($1,000.00).
Sec. 19-20. When application due; when tax payable;
extensions; penalty and interest for late payment; report
and collection of delinquencies.
(a) Each person subject to a license issuance fee and
license tax shall apply for a license prior to beginning
business if he was not subject to licensure in the city on
or before January 1 of the license year, or no later than
March 1 of the license year if he had been issued a license
for the preceding year. The application shall be on forms
prescribed by the commissioner.
(b) The commissioner may grant an extension of time
in which to file an application for a license, for reasonable
cause. Any such extension shall be conditioned upon the
timely payment of a reasonable estimate of the
appropriate tax; the tax is then subject to adjustment to
the correct tax at the end of the extension, together with
interest from the due date until the date paid and, if the
estimate submitted with the extension is found to be
unreasonable under the circumstances, with a penalty of
ten percent of the portion paid after the due date.
429
(c) All license issuance fees and license taxes imposed
by this chapter shall be due and payable on or before
March 1 of each license year, unless otherwise expressly
provided.
(d) If the tax is not paid by the appropriate due date as
set forth above, a penalty of ten percent of the tax shall be
imposed. In the case of an assessment of additional tax
made by the assessing official, if the application was
made in good faith and the understatement of the tax was
not due to any fraud, reckless or intentional disregard of
the law by the taxpayer, there shall be no late payment
penalty assessed with the additional tax. If any
assessment of tax by the assessing official is not paid
within thirty days, the treasurer shall impose a ten percent
late payment penalty. If the failure to pay was not the fault
of the taxpayer, the penalties shall not be imposed, or if
imposed shall be abated by the treasurer. In order to
demonstrate lack of fault, the taxpayer must show that he
acted responsibly and that the failure was due to events
beyond his control.
(e) When used in the subsection "acted responsibly"
means that: (i) the taxpayer exercised the level of
reasonable care that a prudent person would exercise
under the circumstances in determining the filing
obligations for the business and (ii) the taxpayer
undertook significant steps to avoid or mitigate the failure,
such as requesting appropriate extensions (where
applicable), attempting to prevent a foreseeable
impediment, acting to remove an impediment once it
occurred, and promptly rectifying a failure once the
impediment was removed or the failure discovered.
(f) When used in the subsection "events beyond the
taxpayer's control" include, but are not limited to, the
unavailability of records due to fire or other casualty; the
unavoidable absence (e.g., due to death or serious illness)
of the person with the sole responsibility for tax
compliance; or the taxpayer's reasonable reliance in good
faith upon erroneous written information from the
commissioner who was aware of the relevant facts relating
to the taxpayer's business when he provided the
erroneous information.
430
(g) Interest shall be charged on the late payment of the
tax from the due date until the date paid without regard to
fault or other reason for the late payment. Whenever an
assessment of additional or omitted tax by the assessing
official is found to be erroneous, all interest and penalty
charged and collected on the amount of the assessment
found to be erroneous shall be refunded together with
interest on the refund from the date of payment or the due
date, whichever is later. Interest shall be paid on the
refund of any license tax from the date of payment or due
date, whichever is later, whether attributable to an
amended return or other reason. Interest on any refund
shall be paid at the same rate charged under § 58.1-3916
Code of Virginia (1950), as amended.
(h) No interest shall accrue on an adjustment of
estimated tax liability to actual liability at the conclusion
of a base year. No interest shall be paid on a refund or
charged on a late payment, provided the refund or the late
payment is made not more than thirty days from the date
of the payment that created the refund or the due date of
the tax, whichever is later.
(i) Promptly after December 31 of each year, the
treasurer shall make written report to the director of
finance of each unpaid license issuance fee and license
tax and the director of finance shall collect each unpaid
license issuance fee and license tax.
(j) The provisions of this section relating to penalties
and interest shall be applicable to assessments made on
and after January 1, 1997 even if for an earlier license
year.
Sec. 19-24. Term of license: Droration of tax.
Unless otherwise expressly provided in this chapter, all
licenses shall be deemed to be issued for the current
license year. No license issuance fee and license tax
imposed by this chapter shall, upon issuance, be subject
to proration for any portion of a license year, unless it be
herein provided to the contrary, or unless such proration
is required of localities by the general law.
Sec. 19-30. Tax_~ayer's records and audits.
(a) Every person who is assessable with a local license
issuance fee and license tax shall keep sufficient records
to enable the commissioner to verify the correctness of
the tax paid for the license years assessable and to enable
the commissioner to ascertain what is the correct amount
of tax that was assessable for each of those years. These
records shall include, but not be limited to, all invoices,
records of all purchases and from whom made, records of
all sales, records of all commissions, gross receipts,
contracts and orders accepted and from whom received
and with whom made, records of all sales, commissions,
costs, receipts, contracts or orders accepted, and general
books of account. All such records, books of accounts
and other information shall be open to inspection and
examination by the commissioner, license inspector, and
deputy license inspector, to ascertain what is the correct
amount of the tax that was assessable for each of those
years. All such records, books of accounts and other
information shall be open to inspection and examination
by the commissioner in order to allow the commissioner
to establish whether a particular receipt is directly
attributable to the taxable privilege exercised within the
city. These records shall also be open to inspection and
examination by the director of finance and any officer of
the city charged in any manner with the duty of collecting
license taxes.
(b) The commissioner shall provide the taxpayer with
the option to conduct the audit in the taxpayer's local
business office, if the records are maintained there. In the
event the records are maintained outside the city, copies
of the appropriate books and records shall be sent to the
commissioner's office upon demand.
(c) Whenever it comes to the knowledge of the
commissioner that a person liable for a license issuance
fee and license tax has not kept, or is not keeping and
preserving the records herein provided for, the
commissioner shall proceed to estimate the probable
business of such person to the best of his ability and
assess such person with the license issuance fee and
431
432
license tax provided by this chapter upon the business so
estimated and, in addition, shall assess the penalty
hereinafter provided for.
(d) Every person who shall fail or refuse to keep the
records required by this section shall be assessed with
and pay a penalty of fifty dollars ($50.00), in addition to the
license issuance fee and license tax imposed. Any person
who shall continue to violate the provisions of this section
requiring such records to be kept, after written notice from
the commissioner, shall be subject to a further penalty of
fifty dollars ($50.00) for each month such violation shall
continue after the giving of such notice, both of which
penalties shall be assessed and collected in the same
manner as taxes are assessed and collected.
3. Section 19-45. License tax catepories and rate~, of Article II.
Business. Professional and Occupational License Taxation, of Chapter 19, License
Tax Code, of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
Sec. 19-45. License tax cate_,orie$ and rates.
(a) Except for the issuance fee imposed by §19-1.1 of
this chapter, no license fee or tax shall be imposed
pursuant to the provisions of this chapter on any person
whose gross receipts from a business, profession or
occupation subject to licensure are $100,000 or less.
(b) Except as otherwise provided in this chapter, any
business with gross receipts of more than $100,000 shall
be subject to a license tax based on the prior calendar
year's gross receipts, including the first $100,000 of such
gross receipts, at the rate set forth below for each class of
enterprise:
(1)
For contracting, and persons constructing for
their own account for sale, fourteen cents
($0.14) per one hundred dollars ($100.00) of
gross receipts;
(2)
(3)
For retail sales:
a. Mail order distribution centers:
Twenty cents ($0.20) per one
hundred dollars ($100.00) on the
first twenty million dollars
($20,000,000.00) of gross
receipts;
Five cents ($0.05) per one
hundred dollars ($100.00) on all
gross receipts between twenty
million dollars ($20,000,000.00)
and forty million dollars
($40,000,000.00); and
One cent ($0.01) per one
hundred dollars ($100.00) on all
gross receipts over forty million
dollars ($40,000,000.00).
All other retail sales, twenty cents
($0.20) per one hundred dollars
($100.00) of gross receipts.
Any person engaged in the short-term
rental business as defined in §58.1-
3510, Code of Virginia (1950), as
amended, shall be classified in the
category of retail sales for license tax
rate purposes.
For financial, real estate (except appraisers,
brokers and salesman) and professional
services, fifty-eight cents ($0.58) per one
hundred dollars ($100.00) of gross receipts;
Loan company, fifty cents ($0.50) per
one hundred dollars ($100.00) of gross
receipts;
433
434
Installment paper, fifty cents ($0.50)
per one hundred dollars ($100.00) of
gross receipts;
Mortgage company, fifty cents ($0.50)
per one hundred dollars ($100.00) of
gross receipts;
(4)
For repair, personal and business services,
and all other businesses and occupations not
specifically listed or excepted in this chapter,
thirty-six cents ($0.36) per one hundred
dollars ($100.00) of gross receipts; provided,
however, for a barber or beauty shop, the
rate shall be thirty-six cents ($0.36) per one
hundred dollars ($100.00) of gross receipts.
(s)
Any person, firm, or corporation designated
as the principal or prime contractor receiving
identifiable federal appropriations for
research and development services as
defined in § 31.205-18 (a) of the Federal
Acquisition Regulation in the areas of (I)
computer and electronic systems, (ii)
computer software, (iii) applied sciences, (iv)
economic and social sciences, and (v)
electronic and physical sciences shall be
subject to a license tax rate not to exceed
three cents per $100 of such federal funds
received in payment of such contracts upon
documentation provided by such person, firm
or corporation to the local commissioner of
revenue or finance officer confirming the
applicability of this subsection.
(6)
Any gross receipts properly reported to a
Virginia locality, classified for license tax
purposes by that locality in accordance with
subsection (a)(5) of this section, and on
which a license tax is due and paid, or which
gross receipts defined by subsection (a)(5)
of this section are properly reported to but
435
exempted by a Virginia locality from taxation,
shall not be subject to local license taxation
by any other locality in the Commonwealth.
(c) The terms used in this section and categories and
subcategories established by this section shall be defined
and explained for the purposes of this chapter in
accordance with the guidelines promulgated by the State
Department of Taxation pursuant to section 58.t-3701,
Code of Virginia (1950), as amended, for use by local
governments in administering local license taxation.
(d) Except as otherwise provided in this chapter, the
commissioner, using such guidelines, shall classify into
one of the categories or subcategories set forth above, the
business, profession or occupation of each applicant for
a license.
(e) The commissioner is empowered to prepare and
issue any other regulations necessary or appropriate for
the classification of businesses, professions or
occupations in the proper category or subcategory under
both this article and Article III of this chapter for situations
not covered by such guidelines.
4. Sections 19-4, License year; 19-8, Licenso
re,_uired; 19-10, Separate license for each class of
business; 19-13, Levy and _~um_ ose of taxes; 19-14, Tax
im_oosed contrary_ to state or federal law; and 19-15,
Liability_ for tax penerally; of Article I. In General, of
Chapter 19, License Tax Code, of the Code of the City of
Roanoke (1979), as amended, be, and are hereby
REPEALED.
5. This ordinance shall be in full force and effect
on and after January 1, 1997.
ATTEST:
City Clerk
APPROVED
David A. Bowers
Mayor
436
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32960-060396.
A RESOLUTION recognizing and commending James N. Kincanon for
more than fifty years of service as Secretary-Treasurer of the Roanoke Bar
Association.
WHEREAS, James N. Kincanon has served as Secretary-Treasurer of
the Roanoke Bar Association for more than fifty years, having first been elected to
the office of Secretary-Treasurer in 1937, and, with the exception of four years
during World War II when he was on active duty in the United States Navy, serving
continuously to the present;
WHEREAS, the office of Secretary-Treasurer of the Roanoke Bar
Association involves keeping all records of the Association, including minutes and
membership records, handling notice and logistical details of all regular and special
meetings of the Association, accounting for and investment of the funds of the
Association and otherwise conducting the business affairs of the Association;
WHEREAS, service to the Roanoke Bar Association has been a great
love of Mr. Kincanon who has unselfishly given of his time and talent for the benefit
of his profession, carrying out the duties of his Office with dedication, loyalty and
attention to detail;
WHEREAS, Mr. Kincanon, who was admitted to the Bar in 1934, served
the City as Assistant City Attorney from 1948 until 1965, and as City Attorney from
1965 until 1977, retiring in 1977, after twenty-eight years of exemplary service;
WHEREAS, since his retirement, Mr. Kincanon has continued his legal
career in the private practice of law; and
WHEREAS, City Council desires to make special recognition of the
services rendered to the Roanoke Bar Association by this distinguished former City
officer;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Council adopts this resolution as a means of recognizing and
commending the meritorious services rendered by James N. Kincanon as Secretary-
Treasurer of the Roanoke Bar Association for more than fifty years.
437
2. The City Clerk is directed to forward an attested copy of this
resolution to James N. Kincanon and to Charles N. Dorsey, President, Roanoke Bar
Association.
APPROVED
ATTEST: f~,~4~,c~.
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32961-060396.
A RESOLUTION recognizing and honoring the Honorable James E.
Taliaferro, Mayor of the City of Salem, upon his retirement.
WHEREAS, this Council has learned that James E. Taliaferro, Mayor of
the City of Salem, has announced his retirement effective June 30, 1996;
WHEREAS, Mayor Taliaferro, who was born in Salem on February 12,
1936, and graduated from Andrew Lewis High School, has been a member of Salem
City Council since 1972 and has served as Mayor since t974;
WHEREAS, Mayor Taliaferro has provided the leadership that resulted
in many of the City of Salem's major capital improvement projects, such as
construction of a new court facility, Salem Stadium, Moyer Sports Complex and
Salem Memorial Baseball Stadium;
WHEREAS, during Mayor Taliaferro's tenure, the City of Salem
established its own independent school system and constructed and renovated
many school facilities, creating the excellent Salem School Division that exists
today;
WHEREAS, Mayor Taliaferro has worked cooperatively with the City of
Roanoke on such important regional projects as water and sewer improvements and
construction of the Roanoke Regional Airport Terminal;
438
WHEREAS, under the leadership of Mayor Taliaferro, the City of Salem
has earned a reputation as an efficiently run and well-managed city offering a high
quality of life; and
WHEREAS, this Council desires to take special note of the retirement
of this outstanding Roanoke Valley leader who has led the City of Salem for nearly
twenty-two years;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. This Council adopts this means of recognizing and honoring the
Honorable James E. Taliaferro upon his retirement as Mayor of the City of Salem
effective June 30, 1996.
2. The Council extends to Mayor Taliaferro its best wishes for his
happiness and success in his retirement.
3. The Clerk is directed to forward an attested copy of this
resolution to the Honorable James E. Taliaferro, Mayor of the City of Salem.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32962-060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
439
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the t995-96 School and General Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
SchoolFund
A_D~ro_ariation~
Education
Food Services (1) ................................
Facilities (2-6) ...................................
$103,t67,567.00
3,454,863.00
3,221,292.00
Revenu~
Education
Charges for Services (7) ...........................
Non-Operating (8) ................................
$ 99,996,538.00
2,530,887.00
38,340,039.00
General Fund
ADDroDriations
Nondepartmental $ 53,629,308.00
Transfers toOther Funds (9) ....................... 52,831,230.00
Fund Balimce
Capital Maintenance and Equipment Replacement
Program - School Unappropriated (10) ...............
$ 0.00
1) Food
2) Technology
Software
3) Jackson
Custodial
Equipment
4) Modular
Furniture/
Fixtures
5) Facility
Maintenance
6) Maintenance
Vehicle
(030-060-6005-6788-0602)
(030.060-6006~302~826)
(030-060-6006-6681-0821)
(030-060~006-6681-0822)
(030.060-6006-6681-0851)
(030-060-6006~683.0824)
$110,000.00
21,100.00
11,900.00
34,60O.00
43,376.00
15,000.00
440
7) Cafeteria
Receipts
8) Transfer from
General Fund
9) Transfer to
School Fund
10) CMERP -
School
(030-060-6000-0811)
(030-060-6000-1037)
(001-004-9310-9530)
(001-3324)
$110,000.00
125,976.00
125,976.00
(125,976.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32963-060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
A.~_~ro_oriations
Community Development $ 2,510,000.00
HOME Investment Partnership FY93 (1-2) ............. 498,000.00
441
1) Rental
Rehabilitation
2) Rehabilitation
Loan
Subsidies
(035-052-5301-5236)
(035-052-5301-5260)
$ (5o,ooo.oo)
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 FOR THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32964-060396.
A RESOLUTION authorizing Amendment No. 2 to a HOME Investment
Partnerships Program Subrecipient Agreement between the City and the City of
Roanoke Redevelopment and Housing Authority, dated August 15, 1996, for funding
of the rehabilitation of certain properties from HOME funds.
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 a HOME Investment
Partnerships Program Subrecipient Agreement between the City and the City of
Roanoke Redevelopment and Housing Authority, dated August 15, 1996. Such
Amendment No. 2 shall provide for an increase of $50,000.00 in the City's HOME
funds contribution for the rehabilitation program, as more particularly set out in the
report to this Council dated June 3, 1996.
442
Attorney.
The amendment shall be approved as to form by the City
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32965-060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
General Fund (1-44) .............................. $153,066,557.00
1) Worker's Comp.
Medical
2) Worker's Comp.
Medical
3) Worker's Comp.
Wages
4) Worker's Comp.
Medical
5) Worker's Comp.
Medical
(001-002-1261-t140)
(001-002-1262-1140)
(001-004-1232-1135)
(001-004-1232-1140)
(001-023-1235-1140)
130.00
1,678.00
4,222.00
6,785.00
7,189.00
6) Worker's Comp.
Wages
7) Worker's Comp.
Medical
8) Worker's Comp.
Wages
9) Worker's Comp.
Medical
10) Worker's Comp.
Wages
11) Worker's Comp.
Medical
12) Worker's Comp.
Wages
13) Worker's Comp.
Medical
14) Worker's Comp.
Medical
15) Worker's Comp.
Wages
16) Worker's Comp.
Medical
17) Worker's Comp.
Medical
18) Worker's Comp.
Medical
19) Worker's Comp.
Wages
20) Worker's Comp.
Medical
21) Worker's Comp.
Medical
22) Worker's Comp.
Medical
23) Worker's Comp.
Wages
24) Worker's Comp.
Medical
25) Worker's Comp.
Medical
26) Worker's Comp.
Wages
27) Worker's Comp.
Medical
(001-024-3310-1135)
(001-024-33t0-1140)
(001-050-3112-1t35)
(001-050-3112-1140)
(00t-050-3113-1135)
(001-050-3113-1140)
(001-050-3114-1135)
(001-050-3114-1140)
(001-050-3211-1140)
(001-050-3213-1135)
(001-050-3213-1140)
(001-050-3214-t 140)
(001-050-3520-1140)
(001-050 -3521-1135)
(001-050-3521-1140)
(001-050-4130-1140)
(001-052-34t0-1140)
(001-052-4110-1135)
(001-052-4110-1140)
(001-052-4160-1140)
(001-052-4210-1135)
(001-052-4210-1140)
$22,175.00
16,777.00
2,665.00
13.00
96,823.00
133,996.00
4,023.00
1,385.00
77.00
60,191.00
188,928.00
134.00
30.00
14,301.00
6,509.00
103.00
871.00
5,633.00
24,997.00
1,429.00
5,642.00
15,995.00
443
444
28) Worker's Comp.
Wages (001-052-4211-1135) $ 156.00
29) Worker's Comp.
Medical (001-052-4211-1140) 33.00
30) Worker's Comp.
Wages (001-052-4220-1135) 2,067.00
31) Worker's Comp.
Medical (001-052-4220-1140) 10,475.00
32) Worker's Comp.
Wages (001-052-4310-1135) 6,785.00
33) Worker's Comp.
Medical (001-052-4310-1140) 11,755.00
34) Worker's Comp.
Medical (001-052-4330-1140) 1,766.00
35) Worker's Comp.
Wages (001-052-4340-1135) 767.00
36) Worker's Comp.
Medical (001-052-4340-1140) 20,116.00
37) Worker's Comp.
Medical (001-052-7110-1140) 1,105.00
38) Worker's Comp.
Wages (001-054-3320-1135) 1,449.00
39) Worker's Comp.
Medical (001-054-3320-1140) 17,055.00
40) Worker's Comp.
Medical (001-054-3350-1140) 1,299.00
41) Worker's Comp.
Medical (001-054-5314-1140) 2,335.00
42) Worker's Comp.
Medical (001-054-7310-1140) 136.00
43) Worker's Comp.
Wages (001-004-9110-1135) (350,000.00)
44) Worker's Comp.
Medical (001-004-9110-1140) (350,000.00)
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
445
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32966-060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
AD_oro_oriations
Public Works
Snow Removal (1-6) .............................
Public Safety
Jail (7) .........................................
$ 23,674,559.00
519,768.00
35,916,943.00
7,049,425.00
Revenue
Grant-in-Aid Federal Government $ 172,793.00
1996 Snow Storm (8) ............................. t35,000.00
1) Overtime Wages
2) Expendable
Equipment <$1,000
3) Motor Fuel and
Lubricants
4) Chemicals
5) Materials Control
6) Fleet Management
7) Reimbursements
8) 1996 Snow Storm
(001-052-4140-1003) $ 4,108.00
(001-052-4140-2035)
(001-052-4140-2038)
(001-052-4t40-2045)
(00t-052-4140-7010)
(001-052-4140-7025)
(001-024-3310-8005)
(001-020-1234-0714)
14,428.00
2,421.00
47,000.00
3,438.00
3,605.00
50,000.00
25,000.00
446
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 3rd day of June, 1996.
No. 32967-060396.
AN ORDINANCE authorizing the proper City officials to execute a lease
agreement with the Estate of James L. Trinkle for use of office space at 120 West
Kirk Avenue, by the Occupational Health Nurse, upon certain terms and conditions,
and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and
attest, respectively, for and on behalf of the City, in form approved by the City
Attorney, a lease agreement with the Estate of James L. Trinkle for 2,525+_ square
feet of office space on the ground floor of the building located at 120 West Kirk
Avenue, for use by the Occupational Health Nurse, for an initial term of twelve
months, beginning June 1, 1996, at a rate of $600.00 per month, with an option to
renew for two additional one-year terms, at a rate of $1,200.00 per month, as more
particularly set forth in the report to this Council dated June 3, 1996. Such lease
shall be in form approved by the City Attorney and contain such terms and
conditions as are approved and required by the City Manager.
2. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect upon its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
447
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32968-060396.
A RESOLUTION authorizing the City Manager to execute an agreement
with Briar Oak Investments, II, L.L.C., to provide funding for reimbursement of
expenses associated with rehabilitation of buildings in connection with the CDBG
Matching Facade Grant Fund Program, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. That the City Manager or the Assistant City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, an agreement with Briar Oak Investments, II, L.L.C., which agreement
shall provide for the use of Community Development Block Grant funds for two
grants of up to $5,000.00 each, for a total of no more than $10,000.00, for
reimbursement of expenses associated with rehabilitation of buildings in connection
with the Matching Facade Grant Fund Program, in accordance with the
recommendations contained in the City Manager's report to this Council dated
June 3, 1996.
2. The form of the agreement shall be approved by the City Attorney.
ATTEST:
APPROVED
David A Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32969-060396.
A RESOLUTION concurring with the recommendation of the Virginia
Department of Transportation (VDOT) that all Roanoke Electric Steel Corporation
truck traffic be prohibited from using Westside Boulevard within three years from
the date of the funding allocation for the proposed industrial access road, and that
448
appropriate signage prohibiting through trucks on Westside Boulevard will be put
in place, and to provide a bond to VDOT in the estimated amount of $304,850 to
assure compliance.
WHEREAS, by Resolution No. 32810-011696, approved on January 16,
1996, the City Manager was authorized to apply to VDOT for Industrial Access Road
Funds to provide industrial access to Roanoke Electric Steel Corporation;
WHEREAS, application was made for a 0.17 mile road project that would
link Roanoke Electric Steel Corporation to the second phase of the Peters Creek
Road Extension; and
WHEREAS, VDOT insists that before this road application can be
recommended for Commonwealth Transportation Board approval, the City must give
VDOT satisfactory assurance that all truck traffic for Roanoke Electric Steel
Corporation will be prohibited on a portion of Westside Boulevard within three years
from the date of the funding allocation for the project.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council concurs with the recommendation of VDOT that
within three years from the date of the funding allocation for the proposed industrial
access road, all Roanoke Electric Steel Corporation truck traffic will be prohibited
from using the appropriate part of Westside Boulevard whose use is intended to be
replaced by the industrial access road and that appropriate signage prohibiting
through trucks on that part of Westside Boulevard be put in place, all as more
particularly set forth in the City Manager's report to this Council dated June 3, 1996.
2. The City Manager or the Assistant City Manager is authorized to
take appropriate action to provide a bond to VDOT in the estimated amount of
$304,850 to assure the City's compliance with the conditions set forth in paragraph
1 above should funding by the Commonwealth be approved for this project and to
comply with such other conditions as may be reasonably required to obtain such
funding.
3. The City Clerk is directed to transmit an attested copy of this
resolution to VDOT.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
449
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32970-060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Sewage Treatment Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Sewage Treatment Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
AD_aroDriation$
Sewage - Maintenance (1) ......................... $ 1,121,139.00
Retained Earnin_es
Retained Earnings - Unrestricted (2) ................. $18,908,109.00
1) Maintenance -
Equipment
2) Retained
Earnings -
Unrestricted
(003-056-3155-2048)
(003-3336)
$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
450
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32971-060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Civic Center Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
Revenue
Operating Revenue (1-10) .......................... $ 1,483,100.00
Non-Operating Revenue (11-t2) ..................... 940,532.00
AD_DroDriations
Civic Center - Operating (13-15) ..................... $ 2,034,588.00
1) Coliseum Rental
2) Auditorium Rental
3) Exhibit Hall
Rental
4) Parking Fees
5) Advance Ticket
Sales
6) Cashiers
7) Security Guards
and Police
8) Catering
9) Concessions
10) Ice Rental
11) Interest on
Investments
12) Miscellaneous
13) Maintenance -
Buildings
(005-020-1234-0936)
(005-020-1234-0937)
(005-020-1234-0938)
(005-020-1234-0939)
(005-020-1234-0942)
(005-020-1234-0944)
(005-020-1234-0945)
(005-020-1234-0949)
(005-020-1234-0950)
(005-020-1234-1140)
(005-020-1234-0913)
(005-020-1234-0917)
(005-056-2105-2050)
$ 60,000.00
(7,400.00)
1,000.00
(25,000.00)
(36,000.00)
3,000.00
3,000.00
(10,000.00)
10,000.00
56,000.00
15,000.00
1,000.00
40,000.00
451
14) Project Supplies
15) Natural Gas
(005-056-2105-3005)
(005-056-2105-2024)
$ 10,000.00
10,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32972.060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Public Safety
Fire Operations (1-2) .............................
Emergency Medical Services (3-5) ..................
$ 35,931,133.00
10,306,300.00
1,800,361.00
Revenue
Charges for Services $ 5,092,232.00
EMS Services (6) ................................ 1,096,016.00
1) Regular Employee
Salaries
2) Emergency Medical
Technician
Salary
Supplement
3) Temporary
Employee Wages
4) FICA
5) Fees for
Professional
Services
6) EMS Services
(001-050-3213-1002)
(001-050-3213-1052)
(001-050-3521-1004)
(001-050-3521-1120)
(001-050-3521-2010)
(001-020-1234-0854)
$(36,822.00)
(10,708.00)
62,364.00
5,166.00
44,190.00
64,190.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32973-060396.
A RESOLUTION authorizing an Agreement or Agreements with Total
Action Against Poverty in Roanoke Valley, Inc. ("TAP"), to provide services required
for two components of the Employment Services Program administered by the
Department of Social Services.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistant City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, an Agreement or Agreements with Total Action Against Poverty in
Roanoke Valley, Inc., which Agreement or Agreements shall require TAP's provision
of services to the City in connection with Group Job Search for $t00,000 and Work
453
Experience for $100,000, two components of the Employment Services Program,
which funds will be reimbursed to the City by the State Department of Social
Services, all in accordance with the recommendations set out in the City Manager's
report to this Council, dated June 3, 1996.
2. The form of the Agreement or Agreements shall be approved by
the City Attorney.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32974-060396.
A RESOLUTION authorizing the appropriate City officials to enter into
a Shelter Plus Care Subrscipient 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, a Shelter Plus Care
Subrecipient 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 the purposes as more particularly set
forth in the City Manager's report dated June 3, 1996.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
454
IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32975-060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
A_o_oro_oriations
Community Development Block Grant FY94 (1-28) ...... $ 2,882,889.00
Community Development Block Grant FY95 (29-56) ..... 3,612,571.00
Revenue
Community Development Block Grant FY94 (57) ........ $ 2,882,889.00
Community Development Block Grant FY95 (58) ........ 3,612,571.00
1) Demolition
2) Gainsboro
Enhancement
Rehabilitation
3) L/M Housing
Downpayment
Assistance
4) Telephone
5) Training and
Development
6) Marketing Video
7) Newsletter
8) Self-Help Manual
9) Mini-Grant Hurt
Park Neighborhood
10) Gainsboro
Professional Park
(035-093-9320-5108)
(035-093-9320-5109)
(035-093-9320-5216)
(035-093-9325-2020)
(035-093-9325-2044)
(035-093-9325-5014)
(035-093-9325-5195)
(035-093-9325-5196)
(035-093-9325-5244)
(035-093-9330-5011)
S(9,000.00)
(7,664.00)
(5,000.00)
(1,950.00)
(137.00)
(1,105.00)
(578.00)
(4,563.00)
(207.00)
(23,118.00)
11) Micro-Business
Loan Pool
12) Deanwood
Industrial Park
Improvements
13) First Street
(Henry Street)
14) Shaffers Crossing
t5) Small Business
Development
16) WVA Revolving
Loan Fund
17) Trompeter
Brothers -
Rehabilitation
18) Gainsboro Curb
and Sidewalks
(035-093-9330-5018)
(035-093-9330-5051)
(o35..o93-933o-5144)
(o35-o93-933o-5145)
(035..093-9330-5156)
(035-093-9330-5174)
(035-093-9330-5266)
(035-093-9337-5019)
19) West End Sidewalks (035-093-9337-5023)
20) West End Center
Construction (035-093-9337-5024)
21) Neighborhood
Development
Grants
22) Belmont Fire
Station Center
23) Minority Business
Network
24) Stabilize Old
First Baptist
25) Expanding Horizons (035-093-9338-5084)
26) Project HOPE (035-093-9338-5088)
27) Operation
Bootstrap
Administration (035-093-9338-5212)
28) Unprogrammed CDBG-
Other
29) Demolition
30) Gainsboro
Enhancement
Rehabilitation
31) L/M Housing
Downpayment
Assistance
32) Telephone
(035-093-9337-5028)
(035-093-9337-5162)
(035..093-9337-5t65)
(035-093-9337-5215)
(035-093-9340-5t89)
(035-094-9420-5108)
(035-094-9420-5109)
(035-094-9420-5216)
(035-094-9425-2020)
$ (15,ooo.oo)
(2,267.00)
(2,322.00)
(6,8t2.00)
(462.00)
(36,251.00)
(29,554.00)
(9,092.00)
(3,154.00)
(51.oo)
(5,833.00)
(737.00)
(387.00)
(37,825.00)
(7,005.00)
(10,257.00)
(7,245.00)
(11,243.00)
9,000.00
7,664.00
5,000.00
1,950.00
455
456
33) Training and
Development
34) Marketing Video
35) Newsletter
36) Self-Help Manual
37) Mini-Grant Hurt
Park Neighborhood
38) Gainsboro
Professional Park
39) Micro-Business
Loan Pool
40) Deanwood
Industrial
Park
Improvements
41) First Street
(Henry Street)
(035-094-9425-2044)
(035-094-9425-5014)
(035-094-9425-5195)
(035-094-9425-5196)
(035-094-9425-5244)
42) Shaffers Crossing
43) Small Business
Development
44) WVA Revolving
Loan Fund
45) Trompeter
Brothers -
Rehabilitation
46) Gainsboro Curb
and Sidewalks
(035-094-9430-5011 )
(035-094-9430-5018)
(035-094-9430-5051)
(035-094-9430-5144)
(035-094-9430-5145)
(035-094-9430-5156)
(035-094-9430-5174)
47)
48) West End Center
Construction
49) Neighborhood
Development
Grants
50) Belmont Fire
Station Center
51) Minority Business
Network
52) Stabilize Old
First Baptist
53) Expanding Horizons
54) Project HOPE
55) Operation
Bootstrap
Administration
(035-094-9430-5266)
(035-094-9437-5019)
West End Sidewalks (035-094-9437-5023)
(035-094-9437-5024)
(035-094-9437-5028)
(035-094-9437-5162)
(035-094-9437-5165)
(035-094-9437-5215)
(035-094-9438-5084)
(035-094-9438-5088)
(035-094-9438-5212)
$ 137.00
1,105.00
578.00
4,563.00
207.00
23,118.00
15,000.00
2,267.00
2,322.00
6,812.00
462.00
36,251.00
29,554.00
9,092.00
3,154.00
51.00
5,833.00
737.00
387.00
37,825.00
7,005.00
10,257.00
7,245.00
457
56) Unprogrammed CDBG-
Other
57) CDBG Entitlement
93MC510020
58) CDBG Carryover -
1994
(035-094-9~.~-0-5189)
(035-035-1234-9401)
(035-035-1234-9523)
$ 11,243.00
(238,819.00)
238,819.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32976-060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Ap~roDriations
General Fund (1-130) ............................. $153,066,557.00
1) City Information
Systems
2) CIS - PC Rental
(ool-oo1-111o-7oos) $(
(OOl-OO1-111o-?oo?)(
153.00)
21.00)
458
3) City Information
Systems
4) CIS - PC Rental
5) City Information
Systems
6) CIS - PC Rental
7) Fleet Management
8) City Information
Systems
9) CIS - PC Rental
10) City Information
Systems
11) CIS - PC Rental
12) City Information
Systems
16)
17)
18)
13) CIS - PC Rental
14) Fleet Management
15) City Information
Systems
CIS - PC Rental
Fleet Management
City Information
Systems
23)
24)
19) CIS - PC Rental
20) City Information
Systems
21) CIS - PC Rental
22) City Information
Systems
CIS - PC Rental
City Information
Systems
25) CIS - PC Rental
26) Fleet Management
27) City Information
Systems
28) CIS - PC Rental
29) City Information
Systems
30) CIS - PC Rental
31) City Information
Systems
32) CIS - PC Rental
(001-001-1120-7005)
(001-001-1120-7007)
(001-002-1211-7005)
(001-002-1211-7007)
(001-002-1211-7025)
(001-002-1212-7005)
(001-002-1212-7007)
(001-002-1261-7005)
(001-002-1261-?007)
(001-002-1262-7005)
(001-002-1262-7007)
(001-002-1262-7025)
(001-002-8120-7005)
(001-002-8120-7007)
(001-002-8120-7025)
(001-002-8123-7005)
(001-002-8123-?007)
(001-003-1220-7005)
(001-003-1220-7007)
(001-004-1231-7005)
(001-004-1231-7007)
(OOl-OO4-1232-7005)
(OOl-OO4-1232-7oo7)
(OOl -oo4-1232-7o25)
(001-005-1240-7005)
(001-005-1240-7007)
(001-010-1310-7005)
(001-010-1310-7007)
(001-020-1234-7005)
(001-020-1234-7007)
$(1,373.00)
478.00
8,612.00
997.00
324.00
(16,983.00)
657.00
(6,477.00)
2,445.00
4,332.00
1,276.00
(1,507.00)
(558.00)
904.00
1,843.00
(548.00)
1,055.00
(1,889.00)
1,464.00
(89,221.00)
10,040.00
(96,114.00)
(3,747.00)
1,801.00
914.00
1,172.00
(3,552.00)
533.00
125,644.00
1,241.00
459
33) City Information
Systems
34) CIS - PC Rental
35) City Information
Systems
36) CIS - PC Rental
37) Fleet Management
38) City Information
Systems
39) CIS - PC Rental
40) Fleet Management
41) City Information
Systems
42) CIS - PC Rental
43) City Information
Systems
44) CIS - PC Rental
45) City Information
Systems
46) CIS - PC Rental
47) CIS - PC Rental
48) Fleet Management
49) Fleet Management
50) Fleet Management
51) City Information
Systems
52) Fleet Management
53) Fleet Management
54) City Information
Systems
55) CIS - PC Rental
56) Fleet Management
57) Fleet Management
58) Fleet Management
59) Fleet Management
60) City Information
Systems
61) CIS - PC Rental
62) Fleet Management
63) City Information
Systems
64) CIS - PC Rental
65) Fleet Management
66) Fleet Management
(001-022-1233-7005)
(001-022-1233-7007)
(001-023-1235-7005)
(001-023-t 235-7007)
(001-024-2140-7025)
(001-024-3310-7005)
(001-024-3310-7007)
(001-024-3310-7025)
(001-026-2210-7005)
(001-026-2210-7007)
(001-028-2111-7005)
(00t-028-2111-7007)
(001-050-1260-7005)
(001-050-1260-7007)
(001-050-3111-7007)
(001-050-3111-7026)
(001-050-3112-7025)
(001-050-3113-7025)
(001-050-3114-7005)
(001-050-3114-7025)
(001-050-3115-7025)
(001-050-3211-7005)
(001-050-3211-7007)
(001-050-3211-7025)
(001-050-3212-7025)
(001-050-3213-7025)
(001-050-3214-7025)
(001-050-3520-7005)
(001-050-3520-7007)
(001-050-3520-7025)
(001-050-3521-7005)
(001-050-3521-7007)
(001-050-3521-7025)
(001-050-3530-7025)
$20,946.00
2,502.00
(7,111.00)
2,772.00
(4,284.00)
21,900.00
3,790.00
1,916.00
(18,531.00)
1,794.00
(19,881.00)
1,303.00
(194.00)
152.00
11,771.00
(2,777.00)
8,831.00
13,932.00
(24,806.00)
1,663.00
357.00
83.00
1,050.00
3,342.00
848.00
30,264.OO
399.00
(3,402.0O)
509.00
3,121.00
15,001.00
1,657.00
5,309.00
(7,038.00)
460
67) City Information
Systems
68) CIS - PC Rental
69) Fleet Management
70) City Information
Systems
CIS - PC Rental
Fleet Management
City Information
Systems
71)
?2)
?3)
74) CIS - PC Rental
75) Fleet Management
76) City Information
Systems
77) CIS - PC Rental
78) Fleet Management
79) Fleet Management
80) City Information
Systems
(001-050-4130-7005)
(001-050-4130-7007)
(001-050-4130-?025)
(001-052-1280-7005)
(001-052-1280-7007)
(001-052-1280-7025)
(001-052-3410-7005)
(001-052-3410-7007)
(001-052-3410-7025)
(001-052-4110-7005)
(001-052-4110-7007)
(001-052-4110-7025)
(001-052-4140-7025)
81) CIS - PC Rental
82) Fleet Management
83) City Information
Systems (001
84) CIS - PC Rental (001
85) Fleet Management (001
86) Fleet Management (001
87) Fleet Management (001
88) City Information
Systems
89) CIS - PC Rental
90) Fleet Management
(001-052-4160-7005)
(001-052-4160-7007)
(001-052-4160-7025)
(001
(001
(001
-052-4210-7005)
-052-4210-7007)
-052-4210-7025)
-052-4211-7025)
-052-4220-7025)
91) City Information
Systems (001
92) CIS - PC Rental (001
93) Fleet Management (001
94) City Information
Systems (001
95) CIS - PC Rental (001
96) Fleet Management (001
97) City Information
Systems (001
98) CIS - PC Rental (001
99) Fleet Management (001
-052-4310-7005)
-052-4310-7007)
-052-4310-7025)
-052-4330-7005)
-052-4330-7007)
-052-4330-7025)
-052-4340-7005)
-052-4340-7007)
-052-4340-7025)
-052-7110-7005)
-052-7110-7007)
-052-7110-7025)
$(211.oo)
1,293.00
(1,461.00)
(207.00)
163.00
(757.00)
(25,264.00)
(402.00)
4,230.00
16,036.00
496.00
19,409.00
4,926.00
(906.00)
751.00
5,715.00
(1,634.00)
1,083.00
(??,402.00)
20,82?.00
2,299.00
(1,079.00)
6,000.00
(4,730.00)
(701.00)
62?.00
(18,219.00)
263.00
1,689.00
(25,997.00)
1,869.00
3,979.00
4,059.00
100) City Information
Systems
101) CIS - PC Rental
102) Fleet Management
103) City Information
Systems
104) CIS - PC Rental
105) City Information
Systems
106) CIS - PC Rental
107) City Information
Systems
108) CIS - PC Rental
109) Fleet Management
110) City Information
Systems
111) CIS - PC Rental
112) Fleet Management
113) City Information
Systems
114) CIS - PC Rental
115) Fleet Management
116) City Information
Systems
117) CIS - PC Rental
118) City Information
Systems
119) CIS - PC Rental
120) Fleet Management
121) City Information
Systems
122) CIS - PC Rental
123) Fleet Management
124) City Information
Systems
125) CIS - PC Rental
126) City Information
Systems
127) CIS - PC Rental
128) City Information
Systems
129) CIS - PC Rental
130) Fleet Management
(001-052-8110-7005)
(001-052-8110-7007)
(001-052-8110-7025)
(001-054-1270-7005)
(001-054-1270-7007)
(001-054-2150-7005)
(001-054-2150-7007)
(001-054-3320-7005)
(001-054-3320-7007)
(001-054-3320-7025)
(001-054-3350-7005)
(001-054-3350-7007)
(001-054-3350-7025)
(001-054-3360-7005)
(001-054-3360-7007)
(001-054-3360-7025)
(001-054-5110-7005)
(001-054-5110-7007)
(001-054-5311-7005)
(001-054-5311-7007)
(001-054-5314-7025)
(001-054-7310-7005)
(001-054-7310-7007)
(001-054-7310-7025)
(001-054-8170-7005)
(001-054-8170-7007)
(001-056-1237-7005)
(001-056-1237 -7007)
(001-056-1250-7005)
(001-056 -1250 -7007)
(001-056-1250-7025)
$(2,387.00)
1,695.00
1,134.00
(117.00)
(254.00)
(306.00)
558.00
(32.00)
508.0O
184.00
(287.00)
419.00
226.00
(271.00)
718.00
190.00
(355.00)
461.00
(5,673.00)
3,809.00
5,305.00
(10,327.00)
3,341.00
2,303.00
(153.00)
775.00
51,233.00
379.00
(164.00)
152.00
(585.00)
461
462
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32977-060396.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A.o_oro.oriations
General Fund (1-153) ............................ $153,066,557.00
1) Life Insurance (001-001-1110-1130) $( 44.00)
2) Life Insurance (001-001-1120-1130) 41.00
3) Long Term
Disability (001-001-1120-1132) 81.00
4) Unemployment
Wages (001-001-1120-1145) 5,443.00
5) Life Insurance (001-002-1211-1130) 205.00
6) Long Term
Disability (001-002-1211-1132) 198.00
463
7) Long Term
Disability
8) Long Term
Disability
90) Life Insurance
Long Term
Disability
11) Life Insurance
12) Long Term
Disability
13) Termination
Leave Wages
14) Life Insurance
15) Long Term
Disability
16) Life Insurance
17) Long Term
Disability
18) Unemployment
Wages
t9) Life Insurance
20) Long Term
Disability
21) Unemployment
Wages
22) Termination
Leave Wages
23) Health
Insurance
24) Disability
Insurance
25) Unemployment
Wages
26) Termination
Leave Wages
27) Life Insurance
28) Long Term
Disability
29) Long Term
Disability
Unemployment
Wages
30)
31) Long Term
Disability
(001-002-1212-1132)
(001-002-1261-1132)
(001-002-1262-1130)
(001-002-1262-1132)
(00t-002-8120-1130)
(001-002-8120-1132)
(001-002-8120-1150)
(001-003-1220-1130)
(001-003-1220-1 t 32)
(001-004-1231-1130)
(001-004-1231-1132)
(001-004-1231-1145)
(00t -004-1232-1130)
(001-004-1232-1132)
(001-004-1232-1145)
(001-004-1232-1150)
(001-004-9110-1125)
(001-004-9110-1131 )
(001-004-9110-1145)
(001-004-9110-1150)
(001-005-1240-1130)
(001-005-1240-1132)
(001-010-1310-1132)
(001-010-1310-1145)
(001-020-1234-1132)
111.00
255.00
24.00
78.00
(263.00)
106.00
11,278.00
113.00
192.00
70.00
354.00
479.00
(88.00)
219.00
265.00
3,425.00
(36,684.00)
(71,697.00)
(35,000.00)
(91,275.00)
57.00
105.00
45.00
41.00
219.00
464
32) Termination
Leave Wages
33) Life Insurance
34) Long Term
Disability
35) Termination
Leave Wages
36) Life Insurance
37) Long Term
Disability
38) Unemployment
Wages
39) Life Insurance
40) Long Term
Disability
41) Termination
Leave Wages
42) Long Term
Disability
43) Unemployment
Wages
44) Termination
Leave Wages
45) Life Insurance
46) Long Term
Disability
47) Long Term
Disability
48) Life Insurance
49) Long Term
Disability
50) Long Term
Disability
51) Life Insurance
52) Long Term
Disability
53) Unemployment
Wages
54) Termination
Leave Wages
55) Life Insurance
56) Long Term
Disability
(001-020-1234-1150) $ 1,291.00
(001-022-1233-1130) 18.00
(001-022-1233-1132) 234.00
(001-022-1233-1150) 1,396.00
(001-023-1235-1130) 97.00
(001-023-1235-1132) 246.00
(001-023-1236-1145) 844.00
(001-024-2140-1130) 107.00
(001-024-2140-1132) 528.00
(001-024-2140-1150) 935.00
(001-024-3310-1132) 2,445.00
(001-024-3310-1145) 7,746.00
(001-024-3310-1150) 9,560.00
(001-026-2210-1130) (148.00)
(001-026-2210-1132) 252.00
(001-026-2211-1132) 15.00
(001-028-2111-1130) 79.00
(001-028-2111-1132) 318.00
(001-050-1260-1132) 63.00
(001-050-3111-1130) 78.00
(001-050-3111-1132) 78.00
(001-050-3111-1145) 2,246.00
(001-050-3111-1150) 4,271.00
(001-050-3112-1130) 169.00
(001-050-3112-1132) 1,026.00
465
57) Termination
Leave Wages
58) Life Insurance
59) Long Term
Disability
60) Termination
Leave Wages
61) Life Insurance
62) Long Term
Disability
63) Termination
Leave Wages
64) Long Term
Disability
65) Termination
Leave Wages
66) Life Insurance
67) Long Term
Disability
68) Life Insurance
69) Long Term
Disability
70) Life Insurance
71) Long Term
Disability
72) Termination
Leave Wages
73) Long Term
Disability
74) Life Insurance
75) Long Term
Disability
76) Life Insurance
77) Long Term
Disability
78) Termination
Leave Wages
79) Long Term
Disability
80) Unemployment
Wages
81) Life Insurance
82) Long Term
Disability
(001-050-3112-1150)
(001-050-3113-1130)
(001-050-3113-t 132)
(001-050-3113-1150)
(001-050-3114-1130)
(001-050-3114-1132)
(001-050-3114-1150)
(001-050-3115-1132)
(001-050-3115-1150)
(001-050-3211-1130)
(001-050-3211-1132)
(001-050-3212-1130)
(001-050-3212-1132)
(001-050-3213-1130)
(001-050-3213-1132)
(001-050-3213-1150)
(001-050-3214-t132)
(001-050-3520-1130)
(001-050-3520-1132)
(001-050-3521-1130)
(001-050-3521-1132)
(001-050-3521-1150)
(001-050-3530-1132)
(001-050-3530-1145)
(001-050-4130-1130)
(001-050-4130-1132)
$19,662.00
(234.00)
2,808.00
59,472.00
(60.00)
561.00
19,186.00
78.00
536.00
(116.00)
114.00
64.00
105.00
409.00
3,453.00
8,466.00
54.00
22.00
45.00
52.00
555.00
4,112.00
99.00
1,876.00
( 183.00)
681.00
466
83) Termination
Leave Wages
84) Long Term
Disability
85) Life Insurance
86) Long Term
Disability
87) Long Term
Disability
88) Unemployment
Wages
89) Termination
Leave Wages
90) Life Insurance
91) Long Term
Disability
92) Life Insurance
93) Long Term
Disability
94) Unemployment
Wages
95) Termination
Leave Wages
96) Life Insurance
97) Long Term
Disability
98) Termination
Leave Wages
99) Life Insurance
100) Long Term
Disability
101) Unemployment
Wages
102) Termination
Leave Wages
103) Life Insurance
104) Long Term
Disability
105) Unemployment
Wages
106) Life Insurance
107) Long Term
Disability
(001-050-4130-1150)
(001-052-1280-1132)
(001-052-3410-1130)
(001-052-3410-1132)
(001-052-4110-1132)
(001-052-4110-1145)
(001-052-4110-1150)
(001-052-4160-1130)
(001-052-4160-1132)
(001-052-4210-1130)
(001-052-4210-1132)
(001-052-4210-1145)
(001-052-4210-1150)
(001-052-4211-1130)
(001-052-4211-1132)
(001-052-4211-1150)
(001-052-4220-1130)
(001-052-4220-1132)
(001-052-4220-1145)
(001-052-4220-1150)
(001-052-4310-1130)
(001-052-4310-1132)
(001-052-4310-1145)
(001-052-4330-1130)
(001-052-4330-1132)
$ 4,382.00
63.00
36.00
240.00
459.00
584.00
629.00
33.00
366.00
( 89.00)
744.00
367.00
7,837.00
( 56.00)
150.00
3,085.00
( 36.00)
276.00
2,557.00
1,400.00
68.00
465.00
293.00
( 81.oo)
537.00
467
108) Termination
Leave Wages
109) Life Insurance
110) Long Term
Disability
111) Unemployment
Wages
112) Termination
Leave Wages
113) Life Insurance
114) Long Term
Disability
115) Unemployment
Wages
116) Termination
Leave Wages
117) Life Insurance
118) Long Term
Disability
119) Unemployment
Wages
120) Long Term
Disability
121) Life Insurance
122) Long Term
Disability
123) Unemployment
Wages
124) Termination
Leave Wages
125) Life Insurance
126) Long Term
Disability
127) Termination
Leave Wages
128) Life Insurance
129) Long Term
Disability
130) Life Insurance
131) Long Term
Disability
132) Termination
Leave Wages
133) Life Insurance
(001-052 -4330-1150)
(001-052 -4340-t 130)
(001-052-4340-1132)
(001-052-4340-1145)
(001-052-4340-1150)
(001-052-7110-1130)
(001-052-7110-1132)
(001-052-7110-1145)
(001-052-7110-1150)
(001-052-8t 10-1130)
(001-052-8110-1132)
(001-052-8110-1145)
(001-054-1270-t132)
(001-054-3320-1130)
(001-054-3320-1132)
(001-054-3320-1145)
(001-054-3320-1150)
(001-054-3330-1130)
(001-054-3330-1132)
(001-054-3330-1150)
(001-054-3350-1130)
(001-054-3350-1132)
(001-054-3360-1130)
(001-054-3360-1132)
(001-054-3360-1150)
(001-054-5311-1130)
$ 288.00
( 177.00)
1,011.00
12,949.00
2,159.00
59.00
312.00
4,237.00
79.00
52.00
306.00
2,333.00
63.00
( 159.00)
264.00
1,471.00
42.00
( 26.00)
54.00
7,091.00
22.00
159.00
( 28.OO)
144.00
3,606.00
86.00
468
134) Long Term
Disability (001-054-5311-1132) $ 237.00
135) Life Insurance (001-054-5313-1130) ( 157.00)
136) Long Term
Disability (001-054-5313-1132) 1,140.00
137) Termination
Leave Wages (001-054-5313-1150) 4,254.00
138) Life Insurance (001-054-5314-1130) ( 49.00)
139) Long Term
Disability (001-054-5314-1132) 1,095.00
140) Termination
Leave Wages (001-054-5314-1150) 7,841.00
141) Life Insurance (001-054-5316-1130) 61.00
142) Long Term
Disability (001-054-5316-1132) 207.00
143) Life Insurance (001-054-7310-1130) ( 24.00)
144) Long Term
Disability (001-054-7310-1132) 657.00
145) Termination
Leave Wages (001-054-7310-1150) 8,754.00
146) Long Term
Disability (001-054-8170-1132) 21.00
147) Life Insurance (001-056-1237-1130) ( 48.00)
148) Long Term
Disability (001-056-1237-1132) 99.00
149) Termination
Leave Wages (001-056-1237-1150) 3,918.00
150) Long Term
Disability (001-056-1250-1132) 66.00
151) Life Insurance (001-072-2110-1130) 33.00
152) Long Term
Disability (001-072-2110-1132) 105.00
153) Unemployment
Wages (001-072-2110-1145) 542.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST: ~~)O.~,&.,¢.---A P P R O V E D
Mary F. Parker ~D~-
City Clerk Mayor
469
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32978-060396.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
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 1996-97 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ApDroDriations
Health and Welfare
Cultural Services Committee (1-17) ...............
$19,911,730.00
428,353.00
1) Subsidies
2) Mill Mountain
Zoo
3) WBRA TV
4) Center in the
Square
$) Harrison
Cultural
Center
6) Virginia
Transportation
Museum
7) Virginia
Amateur
Sports, Inc.
8) Roanoke
Symphony
Society
9) Roanoke Valley
Art Council
10) Mill Mountain
Theatre
(001-054-5221-3700)
(001-054-5221-3701 )
(001-054-5221-3703)
(001-054-5221-3706)
(001-054-5221-3713)
(001-054-5221-3714)
(001-054-5221-3719)
(001-054-5221-3736)
(001-054-5221-3737)
(001-054-5221-3749)
$(428,353.00)
6,378.00
3,000.00
150,000.00
85,000.00
77,000.00
40,000.00
7,100.00
4,125.00
4,200.00
470
11) Roanoke Museum
of Fine Art
12) Roanoke Sister
Cities
13) Explore Park
14) Opera Roanoke
15) Science Museum
of Western
Virginia
16) Roanoke Valley
Historical
Society
17) Julian Stanley
Wise
Foundation
(001-054-5221-3750)
(001-054-5221-3753)
(001-054-5221-3758)
(001-054-5221-3762)
(001-054-5221-3774)
(001-054-5221-3776)
(001-054-5221-3777)
4,000.00
10,000.00
27,000.00
2,750.0O
5,500.00
1,500.00
800.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32979660396.
A RESOLUTION concurring in the recommendations of the Cultural
Services Committee for allocation of City funds to various nonprofit agencies for
Fiscal Year 1996-1997.
WHEREAS, the Fiscal Year 1996-97 budget approved by City Council for
the Cultural Services Committee provides for funding in the amount of $428,353.00;
and
WHEREAS, in order to obtain an allocation for such funds, it was
necessary for agencies to file applications with the Cultural Services Committee;
and
471
WHEREAS, 17 requests for City funds in the total amount of $562,773.00
were received by the Cultural Services Committee from various agencies; and
WHEREAS, after studying each application and holding a public
hearing, the Committee has recommended allocation of funding to the applicant
agencies for Fiscal Year 1996-1997; and
WHEREAS, performance audits are to be conducted for each agency
receiving funds through the Committee to evaluate the effectiveness and efficiency
of funded programs;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. Council concurs in the recommendations of the Cultural Services
Committee as to the allocations for funding of various nonprofit agencies for Fiscal
Year 1996-1997 as more particularly set forth in the attachment to the Committee
Report submitted to this Council, dated June 3, 1996.
2. The Chairman of the Cultural Services Committee and the
Director of Human Development are authorized to release funds to the appropriate
agency, provided that objectives, activities, and other reassurances have been
submitted and accepted.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32980-060396.
AN ORDINANCE establishing the annual salaries of the Mayor, Vice-
Mayor and Council Members for the fiscal year beginning July 1, 1996; and providing
for an emergency and an effective date.
472
WHEREAS, §14.1-47.2, Code of Virginia (1950), as amended, authorizes
this Council, notwithstanding any contrary provision of law, general or special, to
set annual salaries by ordinance for the Mayor, Vice-Mayor and each member of
Council within certain limits, and this Council is desirous of exercising this
authority.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. For the fiscal year beginning July 1, 1996, and ending June 30,
1997, and for succeeding fiscal years unless modified by action of this Council, the
annual salaries of the Mayor, Vice-Mayor and each members of Council shall be as
follows:
Mayor - $18,000.00
Vice-Mayor and Council
Members
$14,000.00
2. This ordinance shall remain in effect until amended or repealed
by ordinance duly adopted by City Council.
3. In order to provide for the usual daily operation of the municipal
government, an emergency is deemed to exist, and this ordinance shall be in full
force and effect on and after July 1, 1996.
/~'~ ~ ~'ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32981-060396.
A RESOLUTION requesting that Amtrak reinstate bus service from
Roanoke to Clifton Forge in order to make Amtrak train service more accessible to
the citizens of the City of Roanoke and the Roanoke Valley.
473
WHEREAS, the closest Amtrak train station to Roanoke is located in
Clifton Forge, Virginia; and
WHEREAS, Amtrak has previously provided bus service from the City
of Roanoke to Clifton Forge in order to make Amtrak train service available to the
citizens of the City of Roanoke and the Roanoke Valley; and
WHEREAS, as of the end of April, 1996, Amtrak has discontinued the
bus service from Roanoke to Clifton Forge; and
WHEREAS, the Council of the City of Roanoke believes that it is in the
interest of the citizens of the City of Roanoke and the Roanoke Valley that Amtrak
reinstate the bus service from Roanoke to Clifton Forge in order to make Amtrak
train service more accessible to the citizens of the City of Roanoke and the Roanoke
Valley.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council of the City of Roanoke requests that Amtrak reinstate
bus service from Roanoke to Clifton Forge in order to make Amtrak train service
more accessible to the citizens of the City of Roanoke and the Roanoke Valley.
2. The City Clerk is directed to forward attested copies of this
resolution to the Honorable John W. Warner, United States Senator, the Honorable
Charles S. Robb, United States Senator, the Honorable Robert W. Goodlatte,
Member, United States House of Representatives, and Amtrak.
ATTEST:
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of June, 1996.
No. 32982-060396.
A RESOLUTION appointing David C. Anderson as City Treasurer for a
term commencing upon his qualification and expiring on December 31, 1997.
474
WHEREAS, this Council has accepted the resignation of Gordon E.
Peters, City Treasurer, effective May 31, 1996;
WHEREAS, Mr. Peters was elected for a term commencing January 1,
1994, and expiring December 31, 1997;
WHEREAS, §39 of the Roanoke City Charter of 1952 provides that,
unless two or more years remain on the term of the Treasurer at the time of vacancy,
the City Council shall select a qualified person to fill the office of Treasurer for the
balance of the term;
WHEREAS, less than two years of the term of Mr. Peters existed at the
time of his resignation; and
WHEREAS, this Council is desirous of appointing David C. Anderson
to fill the vacancy in the Office of City Treasurer created by the resignation of
Gordon E. Peters, for a term commencing on Mr. Anderson's qualification and
terminating December 31, 1997;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. David C. Anderson is hereby appointed as City Treasurer of the
City of Roanoke for a term commencing upon his qualification and expiring
December 31, 1997.
2. Pursuant to §59 of the City Charter, before entering upon the
duties of City Treasurer, Mr. Anderson shall qualify for office by taking the oath
prescribed by general law of the Commonwealth.
3. Pursuant to §37 of the City Charter, before entering upon his
duties as Treasurer, Mr. Anderson shall properly make, execute and lodge with the
City Clerk, a bond approved as to form and execution by the City Attorney, payable
to the City of Roanoke and executed by 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
475
and by ordinances of this Council. Council hereby approves the Fidelity and Deposit
Company of Maryland, a corporate bonding company, authorized to transact
business as a surety in the Commonwealth of Virginia, as the surety of the aforesaid
bond.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32983-061796.
citizen.
A RESOLUTION naming a City facility in honor of a distinguished
WHEREAS, Laban Johnson commenced his career in education in 1964
when he began teaching drama at Jefferson High School and thereafter at Patrick
Henry High School;
WHEREAS, while at Patrick Henry High School, Mr. Johnson oversaw
the design of the Clara Black Auditorium and incorporated his knowledge of theater
production into various architectural improvements for the building;
WHEREAS, Mr. Johnson has performed and directed in numerous live
performances;
WHEREAS, in 1985, Mr. Johnson assumed the position of first Special
Events Coordinator for the City of Roanoke, a capacity in which he has served until
the present;
WHEREAS, Mr. Johnson has supervised and directed the operations of
numerous major events, including large festivals that attracted thousands of tourists
to the City;
476
WHEREAS, Mr. Johnson, having served on numerous boards and
committees of area arts organizations, has been an ambassador of good will for the
City;
WHEREAS, Mr. Johnson has, for a number of years, had his own radio
and television shows which have been widely successful; and
WHEREAS, Mr. Johnson will soon be retiring from the City service.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. City Council adopts this resolution as a means of recognizing and
commending the outstanding personal and professional services rendered to the
City of Roanoke, its citizens, and visitors to the area by Laban Johnson.
2. In honor of Mr. Johnson, the Amphitheatre in Elmwood Park shall
henceforth be known as the Laban Johnson Amphitheatre.
3. The City Clerk is directed to forward an attested copy of this
Resolution to Laban Johnson and to convey to him the best wishes of this Council
for his future endeavors.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32984-061796.
A RESOLUTION recognizing and commending the meritorious service
rendered to the City by The Honorable Elizabeth T. Bowles, Member, Roanoke City
Council.
477
WHEREAS, the Honorable Elizabeth T. Bowles was first elected to City
Council in May, 1976, and was thereafter reelected four times, serving from July 1,
1976, through June 30, 1996;
WHEREAS, in the May, 1976, Councilmanic election, every seat on City
Council was open as a result of the January 1, 1976, annexation, and Mrs. Bowles
received the largest number of votes cast for any candidate and was thereby elected
and served as Vice-Mayor from July 1, 1976, through June 30, 1978;
WHEREAS, Mrs. Bowles has given unselfishly of her time and ability,
serving as Chairman of City Council's Water Resources Committee, as a member of
the Mill Mountain Development Committee, the Mayor's Committee for the Disabled,
the War Memorial Committee, the Virginia Municipal League Transportation Policy
Committee and the National League of Cities Transportation and Communications
Policy Committee;
WHEREAS, Mrs. Bowles has also served as President and Member of
the Board of Directors of TAP, President and Member of the Board of Directors of the
Fifth Planning District Commission, Member of the Board of Directors of Community
Hospital of Roanoke Valley and Member of the Board of Directors of the Miss
Virginia Pageant, Incorporated; and
WHEREAS, in her public service, Mrs. Bowles has always demonstrated
a keen interest in healthy neighborhoods, human services, basic public
infrastructure such as water and sewer facilities and transportation issues, and she
has always displayed personal characteristics of honesty, integrity, fairness,
graciousness, courteousness and friendliness;
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 Elizabeth T. Bowles,
Member, Roanoke City Council.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
478
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32985-061796.
A RESOLUTION recognizing and commending the meritorious service
rendered to the City by The Honorable Wendell H. Butler, Member, Roanoke City
Council.
WHEREAS, the Honorable Wendell H. Butler served as a member of City
Council from July 1, 1980, through June 30, 1984, and thereafter Dr. Butler
graciously agreed to return to City Council to fill a portion of the unexpired term of
John S. Edwards commencing January 16, 1996, and expiring June 30, 1996;
WHEREAS, in the May, 1980, Councilmanic election, Dr. Butler received
the largest number of votes cast and was thereby elected and served as Vice-Mayor
from July 1, 1980, through June 30, 1982;
WHEREAS, Dr. Butler has given unselfishly of his time and ability,
having served as a member of City Council's Audit Committee, the Roanoke Arts
Commission, the War Memorial Committee and the Housing Strategy Task Force;
WHEREAS, Dr. Butler has also served as Chairman of the Roanoke City
School Board and as a member of the Board of Directors of the Fifth Planning
District Commission, the Board of Directors of the City Rescue Mission, the Board
of Directors of the Blue Ridge Educational Television Association and the Board of
Managers of the Hunton YMCA; and
WHEREAS, in his public service, Dr. Butler has always demonstrated
a keen interest in education, the needs of children and less fortunate citizens, the
environment and basic public infrastructure such as water and sewer facilities, and
Dr. Butler has always displayed personal characteristics of honesty, integrity,
thoroughness, devotion to duty, compassion and friendliness;
479
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 Wendell H. Butler,
Member, Roanoke City Council.
ATTEST:
Mary F.~arker
City Clerk
APPROVED
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32986-061796.
A RESOLUTION recognizing and commending the meritorious service
rendered to the City by The Honorable Delvis O. "Mac" McCadden, Member, Roanoke
City Council.
WHEREAS, the Honorable Delvis O. "Mac" McCadden faithfully served
as a member of this City Council for four years, from July 1, 1992, through June 30,
1996;
WHEREAS, Mr. McCadden served on City Council's Audit Committee,
Water Resources Committee, Legislative Committee, Budget and Planning
Committee and Personnel Committee;
WHEREAS, Mr. McCadden also served as a member of the Board of
Directors of the Roanoke Valley Convention and Visitors Bureau, the Board of
Directors of the Fifth Planning District Commission, as a member of the City of
Roanoke Transportation Safety Commission and as City Council liaison to the
Roanoke Civic Center Commission;
WHEREAS, in his public service, Mr. McCadden always demonstrated
a keen interest in healthy neighborhoods, issues relating to crime and public safety,
cooperative ventures between Roanoke Valley governments, education, and
recreational and sports issues, and he has always displayed personal
characteristics of honesty, integrity, sincerity, articulateness, persuasiveness,
fairness and friendliness;
48O
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 Delvis O. "Mac"
McCadden, Member, Roanoke City Council.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32987-061796.
AN ORDINANCE to amend and rsordain certain sections of the 1995-96
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 1995-96 School Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ADDro_~riations
Education
Summer Youth Employment 1996 (1-5) ..............
Thurman Foundation for Children Grant (6-11) ........
Project Success Program (12) ......................
General Support (13) ..............................
Operation and Maintenance of Plant (14) .............
$103,007,182.00
60,341.00
6,000.00
9,250.00
3,052,436.00
8,968,993.00
Revenue
Education $ 99,836,153.00
Summer Youth Employment 1996 (15) ................ 60,341.00
Thurman Foundation for Children Grant (16) ........... 6,000.00
Project Success Program (17) ....................... 9,250.00
481
1) Teachers
2) Social
Security
3) Travel
4) Instructional
Supplies
5) Student
Participant
Allowances
6) Teacher
Stipends
7) Social
Security
8) Field Trips
9) Food
10) Instructional
Supplies
11) Training
Materials
12) Tuition
13) Contingency
14) Electrical
Service
15) Federal Grant
Receipts
16) Contributions
17) Contributions
(030-060-6451-6449-0121 )
(030-060-6451-6449-0201 )
(030-060-6451-6449-0551 )
(030-060-6451-6449-0614)
(030-060-6451-6549-0129)
(030-060-6943-6100-0129)
(030-060-6943-6100-0201 )
(030-060-6943-6100-0583)
(030-060-6943-6100-0602)
(030-060-6943-6100-0614)
(030-060-6943-6100-0617)
(030-060-6931-6100-0312)
(030-060-6002-6661-0589)
(030-060-6004-6681-0511 )
(030-060-6451-1102)
(030-060-6943-1103)
(030-060-6931-1103)
$ 12,750.00
975.00
7,120.00
3,583.00
35,913.00
4,087.00
313.00
500.00
100.00
500.00
500.00
9,250.00
(50,000.00)
50,000.00
60,341.00
6,000.00
9,250.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
482
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32988-061796.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
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 1996-97 School Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ADoroDriations
Education
Title I Winter 124-97-1 (1-27) ......................
Title VI 96-97 (28-36) ............................
Eisenhower Project Title II 96-97 (37-43) ............
Governor's School 96-97 (44-82) ..................
Flow Through 96-97 (83-97) ......................
Child Development Clinic 96-97 (98-104) ............
Child Specialty Services 96-97 (105-111) ............
Juvenile Detention Home 96-97 (112-118) ...........
Preschool Incentive 96-97 (119-129) ................
Adult Basic Education 96-97 (130-142) ..............
Apprenticeship 96-97 (143-148) ....................
Perkins Act Funds 96-97 (149-155) ..................
Regional Adult Education Specialist 96-97 (156-163)...
Adult Education in the Jails 96-97 (164) ..............
Regional Adult Literacy (TAP) 96-97 (165) ............
Project YES 96-97 (166-172) ........................
Drug Free Schools 96-97 (173-182) ..................
School Instructional Technology Funds 96-97 (183) ....
Homeless Assistance Program 96-97 (184-189) ........
Grants Management 96-97 (190-194) .................
$110,502,400.00
2,596,775.00
170,260.00
66,409.00
943,505.00
956,000.00
60,078.00
57,050.00
108,346.00
115,506.00
110,540.00
112,888.00
312,012.00
35,000.00
24,933.00
90,250.00
256,296.00
37,334.00
842,000.00
53,968.00
64,000.00
Instruction (195-198) .............................. 61,848,368.00
Other Uses of Funds (199-200) ...................... 2,076,149.00
RevenuQ
Education
Title I Winter 124-97-1 (201) ........................
Title VI 96-97 (202-203) ............................
Eisenhower Project Title II 96-97 (204) ...............
Governor's School 96-97 (205-207) ..................
Flow Through 96-97 (208-209) ......................
Child Development Clinic 96-97 (210) ................
Child Specialty Services 96-97 (2t 1) .................
Juvenile Detention Home 96-97 (212) .................
Preschool Incentive 96-97 (213) .....................
Adult Basic Education 96-97 (214-215) ...............
Apprenticeship 96-97 (216-217) .....................
Perkins Act Funds 96-97 (218) ......................
Regional Adult Education Specialist 96-97 (219) .......
Adult Education in the Jails 96-97 (220) ..............
Regional Adult Literacy (TAP) 96-97 (221) ............
Project YES 96-97 (222) ............................
Drug Free Schools 96-97 (223) ......................
School Instructional Technology Funds 96-97 (224) ....
Homeless Assistance Program 96-97 (225-226) ........
Grants Management 96-97 (227) .....................
1) Elementary
Teachers
2) Coordinators
3) Teacher Aides
4) Extended
DaylIEP
Supplements
5) Social
Security
6) Retirement
7) Health
Insurance
8) Instructional
Supplies
9) Instructional
Equipment
10) Administrator
11) Parent
Involvement
Coordinator
(030-060-6154-6000-0121 )
(030-060-6154-6000-0124)
(030-060-6154-6000-0141 )
(030-060-6154-6000-0129)
(030-060-6154-6000-0201)
(030-060-6154-6000-0202)
(030-060-6154-6000-0204)
(030-060-6154-6000-0614)
(030-060-6154-6000-0821 )
(030-060-6154-6200-0114)
(030-060-6154-6200-0124)
$110,502,400.00
2,596,775.00
170,260.00
66,409.00
943,505.00
956,000.00
60,078.00
57,050.00
108,346.00
115,506.00
110,540.00
112,888.00
312,012.00
35,000.00
24,933.0O
90,250.00
256,296.00
37,334.00
842,000.00
53,968.00
64,000.00
$1,180,635.00
75,038.00
249,967.00
43,760.00
118,528.00
171,793.00
148,906.00
51,800.00
55,576.00
56,975.00
46,763.00
483
484
12) Evaluation
Specialist
13) Clerical
14) Social
Security
15) Retirement
16) Health
Insurance
17) Indirect
Costs
18) Maintenance
and Repair
19) Travel
20) Transportation
Services
21) Evaluation
22) Parent
Involvement
23) Homeless/
Neglected
Materials
24) Dissemination
25) Administrative
Supplies
26) Food
27) Equipment
28) Visiting
Teachers
29) Social
Security
30) Retirement
31) Health
Insurance
32) Instructional
Materials
33) Director,
Research/
Testing/
Evaluation
34) Social
Security
35) Retirement
36) Health
Insurance
(030-060-6154-6200-0138)
(030-060-6154-6200-0151 )
(030-060-6154-6200-0201 )
(030-060-6154-6200-0202)
(030-060-6154-6200-0204)
(030-060-6154-6200-0212)
(030-060-6154-6200-0322)
(030-060-6154-6200-0551 )
(030-060-6154-6200-0583)
(030-060-6154-6200-0584)
(030-060-6154-6200-0585)
(030-060-6154-6200-0586)
(030-060-6154-6200-0587)
(030-060-6154-6200-0601 )
(030-060-6154-6200-0602)
(030-060-6154-6200-0821 )
(030-060-6240-6231-0123)
(030-060-6240-6231-0201)
(030-060-6240-6231-0202)
(030-060-6240-6231-0204)
(030-060-6240-6318-0613)
(030-060-6240-6665-0114)
(030-060-6240-6665-0201)
(030-060-6240-6665-0202)
(030-060-6240-6665-0204)
26,196.00
18,553.00
9,523.00
14,204.00
9,530.00
51,108.00
25,000.00
2,500.00
126,983.00
24,150.00
18,975.00
38,050.00
12,000.00
2,500.00
6,620.00
11,142.00
105,570.00
8,076.00
12,046.00
5,956.00
3,504.00
28,488.00
2,179.00
3,250.00
1,191.00
37) Substitute
Teachers
38) Tuition
Assistance/
Training/
Curr. Dev.
39) Social
Security
40) Travel
41) Instructional
Materials
42) Equipment
43) Tuition
Assistance,
Private
School
44) Teachers
45) Substitute
Teachers
46) Outreach/
Intercession/
Mentorship
47) Social
Security
48) State
Retirement
49) Health
Insurance
50) Local Travel
51) Conference
Travel
52) Field Trips
53) Textbooks
54) Software
55) Director
56) Clerical
57) Social
Security
58) Retirement
59) Health
Insurance
60) Temporary
Clerical
Support
(030-060-6241-6308-0021)
(030-060-6241-6308-0587)
(030-060-6241-6308-0201 )
(030-060-6241-6308-0554)
(030-060-6241-6308-0614)
(030-060-6241-6308-0821 )
(030-060-6241-6308-0587)
(030-060-6310-6146-0121 )
(030-060-6310-6146-0021)
(030-060-6310-6146-0129)
(030-060-6310-6146-0201 )
(030-060-6310-6146-0202)
(030-060-6310-6146-0204)
(030-060-6310-6146-0551)
(030-060-6310-6146-0554)
(030-060-6310-6146-0583)
(030-060-6310-6146-0613)
(030-060-6310-6146-0614)
(030-060-6310-6319-0126)
(030-060-6310-6319-0151)
(030-O60-6310-6319-0201)
(030-060-6310-6319-0202)
(030-060-6310-6319-0204)
(030-060-6310-6319-0321)
7,785.00
17,580.00
595.00
28,259.00
6,520.00
5,100.00
570.00
486,135.00
2,114.00
9,709.00
38,551.00
55,468.00
28,590.00
390.00
1,401.00
1,173.00
4,779.00
2,603.00
66,250.00
24,317.00
6,928.00
10,334.00
4,765.00
9,984.00
485
486
61) Local Travel
62) Conference
Travel
63) Administrative
Supplies
64) Inservice
65) Service
Contracts
66) Instructional
Technology
67) Purchased
Services
68) Library
Materials
69) Instructional
Supplies
70) Other
Materials
71) Equipment
72) Custodian
73) Social Security
74) City
Retirement
75) Health
Insurance
76) Electrical
Service
77) Natural Gas
Service
78) Tele-
communications
79) Maintenance
Supplies
80) Furniture
Replacement
81) Principal
Repayment
82) Interest on
Debt
83) Teachers
84) Coordinators
85) Psychologist
86) Classroom
Aides
(030-060-6310-6319-0551)
(030-060-6310-6319-0554)
(030-060-6310-6319-0601 )
(030-060-6310-6346-0129)
(030-060-6310-6346-0332)
(030-060-6310-6346-0351 )
(030-060-6310-6346-0381 )
(030-060-6310-6346-0613)
(030-060-6310-6346-0614)
(030-060-6310-6346-0615)
(030-060-6310-6346-0821 )
(030-060-6310-6681-0192)
(030-060-6310-6681-0201 )
(030-060-6310-6681-0203)
(030-060-6310-6681-0204)
(030-060-6310-6681-0511 )
(030-060-6310-6681-0512)
(030-060-6310-6681-0523)
(030-060-6310-6681-0608)
(030-060-6310-6681-0802)
(030-060-6310-6998-0901 )
(030-060-6310-6998-0902)
(030-060-6533-6453-0121 )
(030-060-6533-6453-0124)
(030-060-6533-6453-0132)
(030-060-6533-6453-0141 )
508.00
827.00
6,242.00
2,789.00
7,008.00
11,770.00
8,811.00
214.00
26,241.00
6,479.00
9,804.00
16,402.00
1,255.00
1,886.00
2,383.00
15,000.00
500.00
6,76O.0O
6,350.00
1,805.00
38,500.00
18,480.00
363,863.00
103,585.00
18,164.00
88,123.00
87) Social Security
88) State
Retirement
89) Health
Insurance
90) Bus Aides
91) Social Security
92) Health
Insurance
93) Contracted
Health
Services
94) Travel
95) Inservice
96) Supplies
97) Equipment
98) Educational
Coordinator
99) Social Security
100) State
Retirement
101) Health
Insurance
102) Indirect Costs
103) Travel
104) Supplies
105) Educational
Coordinator
106) Social Security
107) State
Retirement
108) Health
Insurance
109) Indirect Costs
110) Travel
t11) Supplies
112) Educational
Coordinator
13) Social Security
14) State
Retirement
15) Health
Insurance
16) Indirect Costs
(030-060-6533-6453-0201)
(030-060-6533-6453-0202)
(030-060-6533-6453-0204)
(030-060-6533-6553-0142)
(030-060-6533-6553-0201)
(030-060-6533-6553-0204)
(030-060-6533-6553-0311)
(030-060-6533-6553-0554)
(030-060-6533-6553-0587)
(030-060-6533-6553-0614)
(030-060-6533-6553-0821)
(030-060-6534-6554-0138)
(030-060-6534-6554-0201)
(030-060-6534-6554-0202)
(030-060-6534-6554-0204)
(030-060-6534-6554-0212)
(030-060-6534-6554-0614)
(030-060-6534-6554-0821)
(030-060-6535-6554-0138)
(030-060-6535-6554-0201)
(030-060-6535-6554-0202)
(030-060-6535-6554-0204)
(030-060-6535-6554-0212)
(030-060-6535-6554-0614)
(030-060-6535-6554-0821)
(030-060-6536-6554-0138)
(030-060-6536-6554-0201)
(030-060-6536-6554-0202)
(030-060-6536-6554-0204)
(030-060-6536-6554-0212)
43,891.00
65,463.00
51,224.00
40,814.00
3,122.00
16,678.00
126,073.00
5,000.00
2,000.00
22,000.00
6,000.00
44,970.00
3,440.00
5,136.00
2,383.00
2,249.00
1,200.00
700.00
42,533.00
3,254.00
4,853.00
2,383.00
2,127.00
1,200.00
700.00
80,671.00
6,171.00
9,205.00
4,765.00
4,034.00
487
488
117) Travel
118) Supplies
119) Diagnostic
Services
120) Teacher Aides
121) Social Security
122) State
Retirement
123) Health
Insurance
124) Purchased
Services
125) Tuition
126) Field Trips
127) Other Costs
128) Supplies
129) Equipment
130) Teachers
131) Counselor
132) Inservice
133) Aides
134) Social Security
135) state
Retirement
136) Health
Insurance
137) Instructional
Travel
138) Instructional
Supplies
139) Clerical
140) Social Security
141) State
Retirement
142) Health
Insurance
143) Coordinator
144) Social Security
145) State
Retirement
146) Health
Insurance
147) Part Time
Instructors
(030-060-6536-6554-0614)
(030-060-6536-6554-0821)
(030-060-6537-6553-0129)
(030-060-6537-6553-0141)
(030-060-6537-6553-0201)
(030-060-6537-6553-0202)
(030-060-6537-6553-0204)
(030-060-6537-6553-0311)
(030-060-6537-6553-0382)
(030-060-6537-6553-0583)
(030-060-6537-6553-0586)
(030-060-6537-6553-0614)
(030-060-6537-6553-0821)
(030-060-6784-6450-0121 )
(030-060-6784-6450-0123)
(030-060-6784-6450-0129)
(030-060-6784-6450-0141)
(030-060-6784-6450-0201)
(030-060-6784-6450-0202)
(030-060-6784-6450-0204)
(030-060-6784-6450-0551)
(030-060-6784-6450-0614)
(030-060-6784-6550-0151)
(030-060-6784-6550-0201)
(030-060-6784-6550-0202)
(030-660-6784-6550-0204)
(030~60-6785-6138~121)
(030~60-6785-6138~201)
(030-060-6785-6138-0202)
(030-060-6785-6138-0204)
(030-060-6785-6138-0313)
$ 700.00
2,800.00
26,660.00
16,511.00
3,303.00
1,884.00
4,765.00
6,000.00
29,800.00
1,050.00
6,550.00
11,049.00
7,934.00
69,243.00
1,140.00
2,448.00
4,657.00
5,086.00
5,34O.00
2,382.00
2,000.00
404.00
12,983.00
993.00
1,481.00
2,383.00
51,754.00
11,846.00
5,905.00
2,383.00
40,000.00
148) Travel
149) Teachers
150) Social Security
151) State
Retirement
152) Health
Insurance
153) Technical
Education
Equipment
154) Trades
Equipment
155) Business
Education
Equipment
156) Specialist
157) Clerical
158) Social Security
159) Retirement
160) Health
Insurance
161) Communications
162) Travel
163) Supplies
164) Contracted
Services
165) Contracted
Services
166) Guidance
Counselors
167) Teacher Aides
168) Social Security
169) Retirement
170) Health
Insurance
171) Travel
172) Supplies
173) Counselor
174) Inservice
175) Social Security
176) Retirement
177) Health
Insurance
178) Purchased
(030-060-6785-6138-0551 )
(030-060-6786-6138-0121 )
(030-060-6786-6138-0201 )
(030-060-6786-6138-0202)
(030-060-6786-6138-0204)
(030-060-6786-6138-0821 )
(030-060-6786-6138-0821)
(030-060-6786-6138-0826)
(030-060-6787-6351-0124)
(030-060-6787-635t -0151 )
(030-060-6787-635t -0201)
(030-060-6787-638t -0202)
(030-060-6787-6351-0204)
(030-060-6787-6351-0523)
(030-060-6787-6351-0551 )
(030-060-6787-6351-0614)
(030-060-6788-6550-0313)
(030-060-6789-6550-03t 3)
(030-060-6944-6315-0123)
(030-060-6944-6315-014t )
(030-060-6944-6315-0201)
(030-060-6944-6315-0202)
(030-060-6944-6315-0204)
(030-060-6944-6315-0551 )
(030-060-6944-63t 5-0614)
(030-060-6946-6306-0123)
(030-060-6946-6306-0129)
(030-060-6946-6306-0201)
(030-060-6946-6306-0202)
(030-060-6946-6306-0204)
$ 1,000.00
!53,255.00
11,724.00
17,485.00
11,911.00
50,000.00
17,637.00
50,000.00
18,050.00
5,564.00
1,807.00
635.00
1,000.00
2,044.00
3,400.00
2,500.00
24,933.00
90,250.00
168,333.00
26,379.00
14,896.00
22,216.00
21,443.00
2,000.00
1,029.00
16,583.00
2,000.00
2,454.00
1,892.00
1,191.00
489
490
Services
179) Travel
180) Field Trips
181) Other Charges
182) Supplies
183) School
Instructional
Technology
184) Instructor/
Liason
185) Tutom
186) Social Security
187) Retirement
188) Health
Insurance
189) Pupil
Transportation
190) Director of
Grants
191) Social Security
192) Retirement
193) Health
Insurance
194) Supplies
195) Retirement
196) Matching Funds
197) Matching Funds
198) Tuition -
In State
199) Matching Funds
200) Transfer to
School MY Fund
201) Federal Grant
Receipts
202) Federal Grant
Receipts
203) Local Match
204) Federal Grant
Receipts
205) State Grant
Receipts
206) Local Match
207) Fees
(030-060-6946-6306-0313)
(030-060-6946-6306-0551)
(030-060-6946-6306-0583)
(030-060-6946-6306-0587)
(030-060-6946-6306-0614)
(030-060-6947-6002-0826)
(030-060-6948-6000-0121)
(030-060-6948-6000-0141)
(030-060-6948-6000-0201)
(030-060-6948-6000-0202)
(030-060-6948-6000-0203)
(030-060-6948-6000-0583)
(030-060-6949-6307-0114)
(030-060-6949-6307-0201)
(030-060-6949-6307-0202)
(030-060~949-6307-0204)
(030-060-6949-6307-0614)
(030-060-6001-6000-0202)
(030-060-6001-6346-0588)
(030-060-6001-6450-0588)
(030-060-6001-6229-0382)
(030-060-6007-6998-0588)
(030-060-6007-6999~911)
(030-060-6154-1102)
(030-060-6240-1102)
(030-060-6240-1101)
(030-060-6241-1102)
(030-060.-6310-1100)
(030-060-6310-1101)
(030-060-6310-1103)
$ 1,203.00
1,000.00
7,000.00
2,000.00
2,011.00
842,000.00
27,493.00
7,680.00
2,691.00
3,137.00
2,383.00
10,584.00
50,912.00
3,895.00
5,810.00
2,383.00
1,000.00
(47,757.00)
(266,032.00)
(22,600.00)
(12,400.00)
(56,980.00)
405,769.00
2,596,775.00
122,503.00
47,757.00
66,409.00
343,197.00
323,012.00
277,296.00
491
208) State Grant
Receipts
209) Federal Grant
Receipts
210) State Grant
Receipts
211) State Grant
Receipts
212) State Grant
Receipts
213) Federal Grant
Receipts
214) Local Match
215) Federal Grant
Receipts
216) State Grant
Receipts
217) Fees
218) Federal Grant
Receipts
219) State Grant
Receipts
220) Federal Grant
Receipts
221) Federal Grant
Receipts
222) State Grant
Receipts
223) Federal Grant
Receipts
224) State Grant
Receipts
225) Local Match
226) Federal Grant
Receipts
227) Federal Grant
Receipts
(030-060-6533-1100)
(030-060-6533-1102)
(030-060-6534-1100)
(030-060-6535-1100)
(030-060-6536-1100)
(030-060-6537-1102)
(030-060-6784-tt01)
(030-060-6784-1102)
(030-060-6785-1100)
(030-060-6785-1103)
(030-060-6786-t t02)
(030-060-6787-1t00)
(030-060-6788-1102)
(030-060-6789-1102)
(030-060-6944-1100)
(030-060-6946-1102)
(030-060-6947-1100)
(030-060-6948-1101)
(030-060-6948-1102)
(030-060-6949-t 102)
100,000.00
856,000.00
60,078.00
57,050.00
108,346.00
115,506.00
22,600.00
87,940.00
43,500.00
69,388.00
312,0t2.00
35,000.00
24,933.00
9O,250.0O
256,296.00
37,334.00
842,000.00
12,400.00
41,568.00
64,000.00
492
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 June, 1996.
No. 32989-061796.
AN ORDINANCE creating Article 11.2, Rental Certificate of Compliance,
of Chapter 7, Buildin_~ Re_eulafiQn$, of the Code of the City of Roanoke (1979), as
amended, to provide for the inspection of rental dwellings and dwelling units in the
City of Roanoke, and repealing Article IV, Occu_r)ancy Permits, of Chapter 16, Human
Ri_~hts, 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. Chapter 7, Building_ Re~_ulations, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained by the addition of
a new Article 11.2, Rental Certificate of Compliance, to read and provide as follows:
ARTICLE 11.2.
RENTAL CERTIFICATE OF COMPLIANCE.
Sec. 7-34. Pur0ose 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
493
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:
Change in occupancy - means the vacation of a dwelling
or dwelling unit by any tenant and the subsequent
occupancy of such dwelling or dwelling unit by a new
tenant or tenants.
Dwelling - means any single structure which is a place of
residence, including, but not limited to, condominiums,
efficiencies, townhomes, manufactured or mobile homes,
single-family homes, two-family homes, mulfifamily homes
or multifamily apartments. The term "dwelling" shall not
include hospitals, nursing homes, convalescent homes or
similar facilities providing medical care to the aged, infirm
or disabled, or hotels, motels, inns and other
establishments held out for transients, unless such
establishments rent primarily to occupants for more than
thirty (30) continuous days.
Dwelling unit - means a single unit providing complete,
independent living facilities for one or more persons, or a
single habitable unit contained within a dwelling which is
an establishment which rents primarily to occupants for
more than thirty (30) continuous days. The term "dwelling
unit" shall not include unite within hospitals, nursing
homes, convalescent homes or similar facilities providing
medical care to the aged, infirm or disabled, or hotels,
motels, inns and other establishments held out for
transients, unless such establishments rent primarily to
occupants for more than thirty (30) continuous days.
Inspection or inspected - means an inspection conducted
by the city manager.
494
Manapinp apent - means any person having the authority,
singly or in combination with another, to enter into an
agreement for the occupancy of property subject to this
article.
MultiDle-family rental complex - means any dwelling, or
series of dwellings, consisting of no less than 20 dwelling
units, occupied for valuable consideration, on a single lot
or adjacent lots under common ownership. The term
"multiple-family rental complex" shall not include mobile
homes under common ownership in a mobile home park
or subdivision, and such term shall not include single-
family homes, two-family homes, or townhouses under
common ownership.
Owner - means any person holding title to real property in
the City of Roanoke as reflected in the public records of
any circuit court, the Commissioner of Revenue, City
Treasurer or City Clerk. The word "owner" shall not
include any person who merely holds a deed of trust on
real property.
Pro_oerty - means dwellings and dwelling units which are
leased or rented, in whole or in part, to tenants.
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.
Uniform Statewide Buildin;I Code, Volume I - means the
Uniform Statewide Building Code, Volume I, entitled the
New Construction Code, as referred to and adopted by
reference in section 7-13 of the Code of the City of
Roanoke (1979), as amended, and any subsequent
amendments to said Uniform Statewide Building Code,
Volume I, or subsequent editions.
Uniform Statewide Buildin9 Code, Volume II - means the
Uniform Statewide Building Code, Volume II, entitled the
Building Maintenance Code as referred to and adopted by
reference in section 7-30 of the Code of the City of
495
Roanoke (1979), as amended, and any amendments to
said Uniform Statewide Building Code, Volume II, or
subsequent editions.
Sec. 7-36. A0_~licability_.
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. Inspection and certificate of compliance
reo_uirQd.
(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 in a newspaper published or having general
circulation in the city notice, 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.
(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
496
certificate of compliance shall be valid for two 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. Exem_r)tion$.
(a) A certificate of compliance shall be issued, and no
inspection shall be required within three years of the
issuance of a certificate of occupancy, for a new dwelling
or dwelling unit constructed under the provisions of the
Uniform Statewide Building Code, Volume I, 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 Uniform Statewide
Building Code, Volume I, 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.
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:
497
(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 Uniform Statewide Building Code,
Volume II, exist within the dwelling units or
dwellings so inspected.
(b) A certificate of exemption shall be valid for a period
of two years from the date of issuance.
(c) If the city manager determines during any two-year
exemption period that one 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.
PHor 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 serve to
exempt the owner, managing agent or tenant from
compliance with all applicable statutes, laws, and
ordinances, including the Uniform Statewide Building
Code, Volume II.
Sec. 7-40. Issuance of certificate of compliance.
(a) The city manager shall issue a certificate of
compliance if, upon inspection, the dwelling or dwelling
unit complies with the Uniform Statewide Building Code,
Volume II. The owner or managing agent will be entitled
to receive a certificate of compliance immediately upon
498
the city manager's determination
dwelling unit complies with the
Building Code, Volume II.
that a dwelling or
Uniform Statewide
(b) If the dwelling or dwelling unit fails to comply with
any one or more of all applicable building regulations set
forth in the Uniform Statewide Building Code, Volume II,
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. Tem0orary_ 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 Uniform Statewide Building
Code, Volume II. 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
Uniform Statewide Building Code, Volume II,
can be 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.
499
(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 ComDliancQ.
(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.
(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.
5OO
Sec. 7-45. A_o_~eals.
(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 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 Uniform Statewide Building Code,
Volume II.
(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. Penalties.
(a) Any person willfully failing to comply with any
requirement of this article shall be guilty of a
misdemeanor in accordance with section 36-106 of the
Code of Virginia (1950), as amended.
(b) 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. Re_eulations.
The city manager is authorized to promulgate regulations
not inconsistent with the terms of this article.
501
2. Article IV, Occu_r)ancy Permits, of Chapter 16, Human Ri_ehts, of
the Code of the City of Roanoke (1979), as amended, is hereby REPEALED.
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 17th day of June, 1996.
No. 32990-061796.
A RESOLUTION amending the City's Fee Compendium to establish fees
in connection with the City's Rental Certificate of Compliance Program.
502
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The following fees shall be charged for inspections conducted
in connection with the Rental Certificate of Compliance Program after the city
manager has published notification and scheduled an inspection pursuant to section
7-37 of the Code of the City of Roanoke (1979), as amended:
Inspection of a dwelling unit either (1) as scheduled
pursuant to section 7-37 of the Code of the City of
Roanoke (1979), as amended, before the issuance of the
first certificate of compliance, temporary waiver of
compliance certificate, or certificate of exemption,
applicable to a dwelling unit, or (2) before a certificate of
compliance, temporary waiver of compliance certificate, or
certificate of exemption expires:
(i)
First, second or third
inspection ........................ No charge
(ii) Fourth and subsequent inspections ...... $35.00
Inspection of a dwelling unit either (1) after the vacation by
any tenant of the dwelling unit which has not been
inspected pursuant to section 7-37 of the Code of the City
of Roanoke (1979), as amended, or (2) after a certificate of
compliance, temporary waiver of compliance certificate, or
certificate of exemption expires:
(i) First inspection ....................... $75.00
(ii)
Any subsequent inspection ............. $35.00
each inspection
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 fees for inspections conducted in connection with the Rental Certificate of
Compliance Program.
3. Resolution No. 32412-032795 is hereby amended to the extent and
only to the extent of any inconsistency with this Resolution.
4. The fees established by this Resolution shall remain in effect until
amended by this Council.
ATTEST:
Mary F.C~arker'
City Clerk
5O3
This Resolution shall be in full force and effect immediately.
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32991-061796.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 General and Civic Center Fund Appropriations,
be, and the same are hereby, amended and reordained to read as follows, in part:
General Fund
ADDro_~riations
City Council (1) .................................. $
City Clerk (2) ....................................
City Manager (3) .................................
Nondepartmental (4-5) ............................
Personnel Management (6) ........................
Risk Management (7) .............................
Economic Development (8) ........................
City Attorney (9) .................................
Director of Finance (10) ...........................
Billings and Collections (11) .......................
Municipal Auditing (12) ............................
Registrar (13-14) ..................................
City Treasurer (15) ................................
Commissioner of the Revenue (16) ..................
224,189.00
36O,074.0O
587,812.00
54,751,074.00
828,860.00
623,572.00
390,986.00
624,547.00
1,541,164.00
1,060,603.00
445,150.00
246,862.00
763,965.00
944,261.00
504
Real Estate Valuation (17) .......................... $ 906,992.00
Jail (18) ......................................... 6,861,377.00
Commonwealth's Attorney (19) ...................... 892,045.00
Clerk of Circuit Court (20) .......................... 1,032,545.00
Police - Administration (21) ......................... 273,232.00
Police - Investigation (22) ........................... 2,796,251.00
Police - Patrol (23) ................................. 7,562,159.00
Police - Services (24) ............................... 1,651,326.00
Fire - Administration (25) ............................ 288,311.00
Fire -Technical Services (26) ........................ 286,713.00
Fire - Training and Safety (27) ........................ 191,717.00
Emergency Services (28) ............................ 168,320.00
Animal Control (29) ................................ 336,463.00
Communications (30-31) ............................ 2,383,610.00
Building Inspections (32) ........................... 710,497.00
Streets and Traffic (33) ............................. 2,212,765.00
Traffic Engineering (34) ............................. 1,303,457.00
Solid Waste Management/Refuse (35) ................. 4,616,399.00
Solid Waste Management/Recycling (36) ............... 612,834.00
Custodial Services (37) ............................. 897,715.00
Engineering (38) .................................. 1,449,179.00
Building Maintenance (39) .......................... 3,209,792.00
Parks Maintenance (40) ............................ 3,741,687.00
Community Planning (41) ........................... 801,105.00
Director of Human Development (42) .................. 177,484.00
Juvenile Detention Home (43) ........................ 775,502.00
Outreach Detention (44) ............................. 159,472.00
Crisis Intervention (45) .............................. 417,701.00
Social Services -Administration (46) .................. 563,613.00
Social Services - Income Maintenance (47) ............. 3,959,458.00
Social Services - Services (48) ....................... 5,924,313.00
Social Services - Employment Services (49) ............ 700,824.00
Libraries (50) ...................................... 1,963,124.00
Supply Management (51) ............................ 236,356.00
Circuit Court (52-53) ................................ 232,510.00
Civic Center Fund
A_o_~ro_r) riations
Capital Outlay $ 50,000.00
Virginia Municipal League Conference (54) ............ 50,000.00
Revenue
General Fund
Grant-in-Aid Commonwealth
Shared Expenses (55-58) ..........................
Welfare (59-61) ..................................
$ 32,573,556.00
5,563,346.00
12,847,392.00
Civic Center Fund
Other(62) ....................................... $ 974,532.00
1) Regular
Employee
Salaries
2) Regular
Employee
Salaries
3) Regular
Employee
Salaries
4) Salary Lapse
5) Transfer to
Civic Center
Fund
6) Regular
Employee
Salaries
7) Regular
Employee
Salaries
8) Regular
Employee
Salaries
9) Regular
Employee
Salaries
10) Regular
Employee
Salaries
11) Regular
Employee
Salaries
(001-001-1110-1002) $ ( 549.00)
(001-001-1120-1002)
(001-002-1211-1002)
(001-002-9410-1090)
(001-004-9310-9505)
(001-002-1261-1002)
(001-002-1262-1002)
(001-002-8120-1002)
(001-003-1220-1002)
(001-004-1231-1002)
(001-004-1232-1002)
10,305.00
48,209.00
787,822.00
50,000.00
8,365.00
3,974.00
(81,290.00)
14,464.00
(4,652.00)
(49,145.00)
505
5O6
12) Regular
Employee
Salaries
13) Regular
Employee
Salaries
14) Temporary
Employee
Wages
15) Regular
Employee
Salaries
16) Regular
Employee
Salaries
17) Regular
Employee
Salaries
18) Regular
Employee
Salaries
19) Regular
Employee
Salaries
20) Regular
Employee
Salaries
21) Regular
Employee
Salaries
22) Regular
Employee
Salaries
23) Regular
Employee
Salaries
24) Regular
Employee
Salaries
25) Regular
Employee
Salaries
(001-005-1240-1002) $
(001-010-1310-1002)
(001-010-1310-1004)
(001-020-1234-1002)
(001-022-1233-1002)
(00t-023-1235-1002)
(001-024-3310-1002)
(001-026-2210-1002)
(001-028-2111-1002)
(001-050-3111-1002)
(001-050-3112-1002)
(001-050-3113-1002)
(001-050-3114-1002)
(001-050-3211-1002)
7,205.00
408.00
20,000.00
(2,011.00)
(10,685.00)
3,039.00
(134,048.00)
(63,648.00)
3,628.00
19,759.00
(16,108.00)
(222,363.00)
(40,915.00)
(19,647.00)
26) Regular
Employee
Salaries
27) Regular
Employee
Salaries
28) Regular
Employee
Salaries
29) Regular
Employee
Salaries
30) Regular
Employee
Salaries
31) Overtime
Wages
32) Regular
Employee
Salaries
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
(001-050-3212-1002)
(001-050-3214-1002)
(001-050-3520-1002)
(001-050-3530-1002)
(001-050-4130-1002)
(001-050-4130-1003)
(001-052-3410-1002)
(001-052-4t 10-1002)
(001-052-4160-1002)
(001-052-4210-1002)
(001-052-42t 1-1002)
(001-052-4220-1002)
(001-052-4310-1002)
(001-052-4330-1002)
(001-052-4340-1002)
$ (2,624.00)
400.00
3,992.00
(1,473.00)
(75,609.00)
34,510.00
5,279.00
(23,192.00)
(6,726.00)
(74,270.00)
(5,354.00)
(28,519.00)
4,651.00
(45,319.00)
(103,230.00)
507
5O8
41) Regular
Employee
Salaries
42) Regular
Employee
Salaries
43) Regular
Employee
Salaries
44) Regular
Employee
Salaries
45) Regular
Employee
Salaries
46) Regular
Employee
Salaries
47) Regular
Employee
Salaries
48) Regular
Employee
Salaries
49) Regular
Employee
Salaries
50) Regular
Employee
Salaries
51) Regular
Employee
Salaries
52) Regular
Employee
Salaries
53) Fees for
Professional
Services
54) Appropriation
from General
Revenue
55) Treasurer
(001-052-8110-1002) $ 1,211.00
(001-054-1270-1002)
(001-054-3320-1002)
(001-054-3330-1002)
(001-054-3360-1002)
(001-054-5311-1002)
(001-054-5313-1002)
(001-054-5314-1002)
(001-054-5316-1002)
(001-054-7310-1002)
(001-056-1237-1002)
(001-072-2110-1002)
(001-072-2110-2010)
(005-056-8600-9003)
(001-020-1234-0613)
1,003.00
(54,624.00)
(15,021.00)
(13,669.00)
17,485.00
(32,478.00)
(69,886.00)
9,385.00
(28,242.00)
(12,040.00)
4,434.00
44,040.00
50,000.00
(1,006.00)
5O9
56) Commissioner
of the
Revenue
57) Sheriff
58) Commonwealth's
Attorney
59) General
Admin-
istration
60) Employment
Services
61 ) Direct Social
Service
Admin-
istration
62) Operating
Supplement -
General Fund
(001-020-1234-0610)
(001-020-1234-0611)
(001-020-t234-0610)
(001-020-1234-0676)
(001-020-1234-0681)
(00t-020-1234-0685)
(005-020-1234-0951 )
$ (5,343.00)
(25,026.00)
(63,648.00)
(7,496.00)
4,693.00
(34,943.00)
50,000.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
~ F~P~Parke~
Mary .
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32992-061796.
A RESOLUTION authorizing the City Manager to amend the Annual
Update of the Entitlement Consolidated Plan for FY 1996-97 and submit said
amendments to the United States Department of Housing and Urban Development
(HUD), and to execute documents in connection with said amendments.
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;
510
WHEREAS, these programs are outlined each year as an Annual Update
to the Five Year Consolidated Plan;
WHEREAS, citizen hearings were conducted on January 16, April 9, and
April 29, 1996, to identify community needs, to review the 1996-97 Annual Update to
the Consolidated Plan, and to obtain citizens' recommendations;
WHEREAS, City Council approved the FY 1996-97 Annual Update on
May 13, 1996, by Resolution No. 32939-051396;
WHEREAS, the Annual Plan was approved by this Council and
submitted to HUD in May, 1996, to ensure timely receipt of new entitlement funds;
and
WHEREAS, City Council requested a recommendation concerning the
allocation of said new entitlement funds prior to July 1, 1996.
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 amend the Annual Update of the Entitlement Consolidated
Plan for FY 1996-97 and submit said Amendments to HUD for review and approval,
after the required citizen review, provided there are no compelling objections to the
Amendments, and to execute the appropriate documents in connection with HUD for
said amendments, said documents to be approved as to form by the City Attorney,
all in accordance with the City Manager's report dated June 17, 1996, to this Council.
APPROVED
ATTEST:
Mary F. Parker ~'~)" ~
City Clerk Mayor
511
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32993-061796.
A RESOLUTION authorizing the proper City officials to execute an
agreement with the Blue Ridge Zoological Society of Virginia, Inc., and Roanoke
Jaycees, Inc., for the operation of the miniature railroad at the Mill Mountain Zoo,
upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager and City Clerk are authorized to execute and attest, respectively, for and
on behalf of the City, in form approved by the City Attorney, an agreement with the
Blue Ridge Zoological Society of Virginia, Inc., and Roanoke Jaycees, Inc., for the
operation of the miniature railroad at the Mill Mountain Zoo, for an initial term ending
December 31, 1996, with automatic annual renewals, upon the terms and conditions
as more particularly set forth in the report to this Council dated June 17, 1996.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32994-061796.
A RESOLUTION authorizing the City Manager to execute administrative
agreements and any necessary amendments thereto with two separate agencies for
implementation of various Community Development Block Grant programs.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. That the City Manager or the Assistant City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute and attest,
respectively, two separate administrative agreements, and any necessary
amendments thereto, within the limits of funds set forth and for the purposes
specified in the City Manager's report to this Council dated June 17, 1996.
512
2. The form of the agreements and any necessary amendments shall
be in form approved by the City Attorney.
ATTEST:
APPROVED
Dav~ A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32995-061796.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ADDroDriations
Public Works
Solid Waste Management (1) ......................
Recycling (2) ...................................
Community Development
Economic Development/Grants (3) .................
Nondepartmental
Contingency-General Fund (4) .....................
Residual Fringe Benefits (5) .......................
$ 23,785,518.00
4,885,669.00
501,088.00
1,343,569.00
415,276.00
53,853,252.00
42,066.00
1,132,872.00
1) Fees for
Professional
Services
2) Reimbursement
3) Diversified
Housing
(001-052-4210-2010)
(001-052-4211-8005)
(001-002-8120-2067)
$195,000.00
(28,000.00)
(57,000.00)
513
4) Contingency
5) Hospitalization
Insurance
(001-002-9410-2199)
(001-004-9110-1125)
$ (50,000.00)
(60,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32996-061796.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Public Works
Communications (1) .............................
Nondepartmental
Contingency -General Fund (2) ....................
$ 23,803,518.00
2,462,207.00
53,835,252.00
24,066.00
1) Fees for
Professional
Services
2) Contingency
(001-050-4130-2010)
(001-002-9410-2199)
$18,000.00
(18,000.00)
514
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 June, 1996.
No. 32997-061796.
A RESOLUTION authorizing a contract between the City, Roanoke
County and a consulting firm for the provision of communications consulting
services.
that:
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
1. The City Manager or the Assistant City Manager and the City
Clerk are hereby authorized to execute and attest, respectively, a contract between
the City, Roanoke County and Hayes, Seay, Mattern and Mattern for the provision by
such firm of communication consulting services.
2. The amount of the contract shall be $18,000.00 and the form of
the contract shall be approved by the City Attorney, all as more particularly set forth
in the City Manager's report to this Council dated June 17, 1996.
3. The City Clerk is directed to forward an attested copy of this
resolution to Mary Allen, Clerk of the Roanoke County Board of Supervisors.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
515
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 32998-061796.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Consortium Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Consortium Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
ADDroDriation$
Fifth District Employment & Training
Consortium - FY95-96
Title II - C (1-12) .................................
Title II - B (13-31) ................................
$1,798,710.00
120,401.00
324,165.00
Revenue
Fifth District Employment & Training
Consortium - FY95-96
Title II - C (32) ...................................
Title II - B (33) ...................................
$1,798,710.00
120,401.00
324,165.00
1) Administrative
Wages
2) Administrative
Fringes
3) Administrative
Communications
4) Administrative
Supplies
5) Administrative
Insurance
6) Administrative
Miscellaneous
7) Training Wages
8) Training Fringes
(034-054-9663-8350)
(034-054-9663-8351)
(034-054-9663-8353)
(034-054-9663-8355)
(034-054-9663-8356)
(034-054-9663-8360)
(034-054-9663-8050)
(034-054-9663-8051)
3,000.00
2,162.00
350.00
450.00
150.00
105.00
3,474.00
2,000.00
516
9) FDETC IIR
10) Services Wages
11) Services Fringes
12) Supportive
Services
13) Administrative
Wages
14) Administrative
Fringes
15) Administrative
Travel
16) Administrative
Communication
17) Administrative
Supplies
18) Administrative
Insurance
19) Administrative
Miscellaneous
20) Training Wages
21) Training Fringes
22) Training Travel
23) Training
Communications
24) Training Supplies
25) Training
Insurance
26) Training
Miscellaneous
27) Training SYI
28) Roanoke City
Schools
29) Dabney Lancaster
Community
College
30) TAP
31) Roanoke County
Schools
32) Title II - C
Revenue
33) Title II - B
Revenue
(034-054-9663-8500)
(034-054-9663-8030)
(034-054-9663-8031)
(034-054-9663-8461)
(034-054-9665-8350)
(034-054-9665-8351)
(034-054-9665-8352)
(034-054-9665-8353)
(034-054-9665-8355)
(034-054-9665-8356)
(034-054-9665-8360)
(034-054-9665-8050)
(034-054-9665-8051)
(034-054-9665-8052)
(034-054-9665-8053)
(034-054-9665-8055)
(034-054-9665-8056)
(034-054-9665-8060)
(034-054-9665-8049)
(034-054-9665-8231)
(034-054-9665-8232)
(034-054-9665-8233)
(034-054-9665-8239)
(034-034-1234-9663)
(034-034-1234-9665)
$ 7,905.00
4,000.00
3,743.00
3,000.00
40,770.00
10,193.00
300.00
450.00
750.00
500.00
2,387.00
26,631.00
6,658.00
200.00
350.00
250.00
500.00
66.00
5,000.00
60,341.00
47,553.00
62,468.O0
58,798.00
30,339.00
324,165.00
517
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 June, 1996.
No. 32999-061796.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ApproDriation~
Health and Welfare
Comprehensive Services Act (1) ...................
Public Safety
Juvenile Detention Home (2) .......................
Outreach Detention Services (3) ....................
$19,818,173.00
6,492,826.00
35,800,943.00
787,126.00
155,493.00
Revenue
Grants-In-Aid Commonwealth $ 33,329,122.00
Welfare (4-7) .................................... 13,555,067.00
518
1) Residential,
Private, Mandated (001-054-5410-3171) $ 722,543.00
2) Reimbursements (001-054-3320-8005) (43,000.00)
3) Reimbursements (001-054-3330-8005) (19,000.00)
4) Employment
Services (001-020-1234-0681 ) 16,000.00
5) Direct Services
Administration (001-020-1234-0685) 90,000.00
6) Cost Allocation
Plan (001-020-1234-0690) 32,000.00
7) CSA - State
Supplemental (001-020-1234-0692) 522,543.00
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 June, 1996.
No. 33000-061796.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 General and Grant Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
General Fund
Ap_~roDriations
Public Safety
Juvenile Detention Home (1) ......................
Health and Welfare
CSA Administrator (2) ............................
Nondepartmental
Transfers to Other Funds (3) ......................
Revenue
Grants-in-Aid Commonwealth
Welfare (4) .....................................
Grant Fund
ADDro_Driation~
Health and Welfare
Project FOCUS F¥95-96 (5) ........................
Revenue
Health and Welfare
Project FOCUS FY95-96 (6) ........................
$ 35,823,256.00
790,439.00
19,114,425.00
38,875.00
53,998,019.00
53,231,757.00
$ 32,682,454.00
t2,908,399.00
$ 2,679,626.00
36,915.00
$ 2,679,626.00
36,915.00
519
1) Reimbursements
2) Regular Employee
Wages
3) Transfer to
Grant Fund
4) CSA -
Administration-
School Share
5) Regular Employee
Wages
6) CSA - Local
Revenue
(001-054-3320-8005)
(001-054-5411-1002)
(001-004-9310-9535)
(001-020-1234-0695)
(035-054-5156-1002)
(035-035-1234-7217)
$ (39,687.00)
18,795.00
34,767.0O
13,875.00
34,767.00
34,767.00
520
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 June, 1996.
No. 33001-061796.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
A_oDro_Driations
Public Safety
City Jail Expansion (1-2) .........................
Crisis Intervention Center (3-4) ....................
Capital Improvement Reserve
Capital Improvement Reserve (5) ..................
$ 9,561,146.00
9,380,613.00
618,115.00
21,609,682.00
558,852.00
Revenue
Due from State Government (6-7) .................. $13,773,200.00
521
1) Appropriated from
State Grants
2) Appropriated from
General Revenue
3) Appropriated from
State Grants
4) Appropriated from
General Revenue
5) Buildings and
Structures
6) Department of
Corrections -
Jail
7) Department of
Corrections -
Crisis
(008-052-9685-9007)
(008-052-9685-9003)
(008-052-9637-9007)
(008-052-9637-9003)
(008-052-9575-9173)
(008-1271)
(008-1270)
$ 385,259.00
(385,259.00)
(80,000.00)
80,000.00
3O5,259.0O
385,259.00
(80,000.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
_ ~
Mary F. Parker '--'- ers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 33002-061796.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Capital Projects, Water, Sewage Treatment, and Transportation Fund Appropriations,
and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
522
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Capital Projects, Water, Sewage Treatment, and
Transportation Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
CaDital Pro_iects Fund
ADDroDriation$
Judicial Administration
Juvenile and Domestic Relations Court
Renovation (1) ...................................
General Government
RClT - Site Improvements (2) ........................
RClT - Site G Grading (3) ............................
Commonwealth Building (4) .........................
Recreation
Restore Greenhouse - Mountain View (5) ..............
1993 Neighborhood Park Improvement (6) .............
Study -Victory Stadium/Field House (7) ...............
Streets and Bridges
Hollins Road/Norfolk Avenue Bridge (8) ...............
Shenandoah Avenue Streetscape (9) ..................
Ninth Street Bridge Rehab (10) .......................
Three Bridge Replacements (11) .....................
Sanitation
Statesman Industrial Park Storm Drain (12) ............
Statesman Park Contract I (13) .......................
$ 37,539.00
37,539.00
8,061,240.00
101,477.00
571,388.00
107,738.00
468,489.00
40,113.OO
14,796.00
101,389.00
13,365,430.00
258,255.00
190,621.00
108,196.00
140,854.00
3,165,362.00
528,041.00
617,742.00
Storm Drain Cave-In Towne Square (15) ...............
Miscellaneous Storm Drain Projects (16) ..............
Other Infrastructure
Peters Creek Floodproofing (17) .....................
Capital Improvement Reserve
Statesman Park Contract II (14) ...................... 1,729,410.00
59,238.00
55,160.00
5,994,534.00
513,000.00
21,478,088.00
Capital Improvement Reserve (18-21) ................. 8,921,741.00
Water Fund
A_~_oro_oriations
Capital Outlay
Carvins Cove Phase II, Contract B-I (22) .............
FY86 Projects Design (23) .........................
95-96 Paving (24) ................................
$ 24,844,449.00
2,747,975.00
0.00
31,877.00
Carvins Cove Improvement Phase II (25-26) ........... $1,256,144.00
Carvins Cove Filtration Plant (27-28) ................. 270,000.00
Retained Earnin~_s
Retained Earnings - Unrestricted (29) ................ $ 25,738,480.00
Sewage Treatment Fund
ADDroariation$
Capital Outlay
FY86 Projects Design (30) ..........................
Lick Run Replacement LR-5 (31) .....................
Effluent Reaeration (32) ............................
WPCP - Chemical Storage Tanks (33) .................
Lick Run Replacement LR-3) (34) .....................
$ 21,167,882.00
66,347.00
243,35t .00
126,447.00
169,731.00
123,289.00
Retained EarnJn_us
Retained Earnings - Unrestricted (35) ................ $19,115,600.00
Trans_oortation Fund
ADDroDriation~
Capital Outlay
Municipal Garage - Revenue Equipment (36) ...........
Elevators - Municipal Parking Garage (37) .............
$ 304,373.00
259,193.00
45,180.00
1) Appropriated
from General
Revenue
2) Appropriated
from General
Revenue
3) Appropriated
from General
Revenue
4) Appropriated
from General
Revenue
(008-052-9687-9003) $ ( 71.00)
(008-052-9693-9003)
(008-052-9694-9003)
(008-052-9696-9003)
(48,523.00)
(58,612.00)
(2,262.00)
523
524
5) Appropriated
from General
Revenue
6) Appropriated
from General
Revenue
7) Appropriated
from General
Revenue
8) Appropriated
from General
Revenue
9) Appropriated
from General
Revenue
10) Appropriated
from Bond
Funds
11) Appropriated
from Bond
Funds
12) Appropriated
from General
Revenue
13) Appropriated
from Bond
Funds
14) Appropriated
from Bond
Funds
15) Appropriated
from General
Revenue
16) Appropriated
from General
Revenue
17) Appropriated
from General
Revenue
18) Buildings and
Structures
19) Economic
Development
20) Parks
(008-052-9664-9003) $ (
5,886.00)
(008-052-9692-9003) ( 152.00)
(008-052-9681-9003)
(008-052-9596-9003)
1,533.00
(59,613.00)
(008-052-9672-9003) (79.00)
(008-052-9675-9001) ( 7,354.00)
(008-052-9551-9001 )
(008-052-9656-9003)
7,354.00
(13,072.00)
(008-052-9657-9001) (1,100.00)
(008-052-9658-9001)
(008-052-9679-9003)
(008-052-9688-9003)
(008-052-9662-9003)
(008-052-9575-9173)
(008-052-9575-9178)
(008-052-9575-9180)
(11,635.00)
( 1.oo)
27,808.00
(2,000.00)
2,333.00
107,135.00
4,505.00
525
21) Streets and
Bridges
22) Appropriated
from Bond
Funds
23) Appropriated
from General
Revenue
24) Appropriated
from General
Revenue
25) Appropriated
from Bond
Funds
26) Appropriated
from General
Revenue
27) Appropriated
from Bond
Funds
28) Appropriated
from General
Revenue
29) Retained
Earnings -
Unrestricted
30) Appropriated
from General
Revenue
31) Appropriated
from General
Revenue
32) Appropriated
from General
Revenue
33) Appropriated
from General
Revenue
34) Appropriated
from General
Revenue
35) Retained
Earnings -
Unrestricted
(008-052-9575-9181 )
(002-056-8377-9001)
(002-056-8348-9003)
(002-056-8383-9003)
(002-056-8364-9001)
(002-056-8364-9003)
(002-056-8365-9001)
(002-056-8365-9003)
(002-3336)
(003-056-8417-9003)
(003-056-8418-9003)
(003-056-8456-9003)
(003-056-8466-9003)
(003-056-8475-9003)
(003-3336)
$ 59,692.00
(77,253.00)
(13,072.00)
(26,699.00)
1,274.00
(1,274.00)
75,979.00
(75,979.00)
117,024.00
(12,704.00)
(32,704.00)
(4,253.00)
(6,269.00)
( 51,562.00)
107,492.00
36) Appropriated
from General
Revenue
37) Appropriated
from General
Revenue
(007-056-8701-9003) $ (2,015.00)
(007-056-8700-9003)
2,015.00
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 June, 1996.
No. 33003-061796.
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
527
WHEREAS, it is the desire of this Council that those provisions of the
City Code which adopt by reference State Code provisions shall be fully consistent
with enactments of the most recent Session of the General Assembly;
that:
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
1. The Code of the City of Roanoke (1979), as amended, a copy of
which is on file in the City Clerk's Office, consisting of Chaptem 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. 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 17th day of June, 1996.
No. 33004-061796.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
Civic Center Fund Appropriations, and providing for an emergency.
528
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1995-96 Civic Center Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
ADDroDriations
Capital Outlay
Removal of ACM Ceiling (1) ........................
Stage Reroofing (2) ...............................
53,900.00
28,400.00
25,500.00
Retained Earnings
Retained Earnings - Unrestricted (3) ................. $ 2,184,060.00
1) Appropriated from
General Revenue
2) Appropriated from
General Revenue
3) Retained Earnings-
Unrestricted
(005-056-8601-9003)
(005-056-8602-9003)
(005-3336)
$ 28,400.00
25,500.00
(63,900.00)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
ary . arker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 33005-061796.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
General Fund Appropriations, and providing for an emergency.
529
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1996-97 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A_~_oro_oriations
Health and Welfare $19,$04,627.00
Human Services Committee (1-30) ................. 408,997.00
1) Fees for
Professional
Services
2) Subsidies
3) Family
Services
Protective
Service
4) Free Clinic
5) League of
Older
Americans
6) Roanoke Area
Ministries
7) RADAR
8) Association
for Retarded
Citizens
9) Bethany Hall
10) Big Brothers
11) Child Abuse
and Neglect
12) CORD
13) Information
and Referral
14) Blue Ridge MS
15) NW Child
Development
16) Roanoke
Valley
Speech and
Hearing
(001-054-5220-2010)
(001-054-5220-3700)
(001-054-5220-3720)
(001-054-5220-3721)
(001-054-5220-3722)
(001-054-5220-3723)
(001-054-5220-3725)
(001-054-5220-3726)
(001-054-5220-3728)
(001-054-5220-3729)
(001-054-5220-3730)
(001-054-5220-3731)
(001-054-5220-3732)
(001-054-5220-3733)
(001-054-$220-3734)
(001-054-5220-3738)
$ 8,986.00
(408,997.00)
36,800.00
20,000.00
26,783.00
30,000.00
24,000.00
30,000.00
7,500.00
5,700.00
3,300.00
1,900.00
7,800.00
1,000.00
23,800.00
3,000.00
530
17) TRUST
18) Western
Virginia
Emergency
Medical
Services
19) Inner City
Athletic
Association
20) West End
Center, Inc.
21) Adult Care
Center
22) Tinker
Mountain
Industries
23) Conflict
Resolution
Center, Inc.
24) Roanoke City
Health
Department
(CHIP)
25) The Salvation
Army
26) Smith
Mountain
Lake 4-H
Educational
Center
27) Roanoke
Adolescent
Health
Partnership
28) Roanoke Drug
and Alcohol
Abuse
Council
29) League of
Women Voters
Discretionary
Fund
(001-054-5220-3740) $
(001-054-5220-3741)
(001-054-5220-3744)
(001-054-5220-3745)
(001-054-5220-3746)
(001-054-5220-3747)
(001-054-5220-3748)
(001-054-5220-3751)
(001-054-5220-3752)
(001-054-5220-3764)
(001-054-5220-3767)
(001-054-5220-3768)
(001-054-5220-3769)
8,100.00
10,528.00
2,300.00
30,000.00
6,000.00
20,000.00
6,000.00
44,000.00
26,700.00
2,000.00
7,000.00
10,000.00
300.00
531
30) Court
Appointed
Special
Advocate
(001-054-5220-3776) $
5,600.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
/-~ e~,-.~ ~.ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of June, 1996.
No. 33006-061796.
A RESOLUTION concurring in the recommendations of the Human
Services Committee for allocation of City funds to various nonprofit agencies for
Fiscal Year 1996-1997.
WHEREAS, the Fiscal Year 1996-97 budget approved by City Council for
the Human Services Committee provides for funding in the amount of $408,997.00;
and
WHEREAS, in order to obtain an allocation for such funds, it was
necessary for agencies to file applications with the Human Services Committee; and
WHEREAS, requests for City funds in the total amount of $780,818.83
were received by the Human Services Committee from thirty-three agencies; and
WHEREAS, after studying each application and holding a public
hearing, the Committee has recommended allocation of funding to certain applicant
agencies for Fiscal Year 1996-1997; and
WHEREAS, performance audits are to be conducted for each agency
receiving funds through the Committee to evaluate the effectiveness and efficiency
of funded programs;
532
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. Council concurs in the recommendations of the Human Services
Committee as to the allocations for funding of various nonprofit agencies for Fiscal
Year 1996-1997 as more particularly set forth in the attachment to the Committee
Report submitted to this Council, dated June 17, 1996.
2. The Chairman of the Human Services Committee and the Director
of Human Development are authorized to release funds to the appropriate agency,
provided that objectives, activities, and other reassurances have been submitted
and accepted.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33007-070196.
AN ORDINANCE accepting a bid for a franchise to construct, operate
and maintain a natural gas distribution system in the City, upon certain terms and
conditions, for a twenty (20) year term and authorizing the execution of a Gas
Franchise Agreement.
WHEREAS, by public notice published in The Roanoke Times pursuant
to §§15.1-308 and 15.1-309, Code of Virginia (1950), as amended, City Council has
invited bids for a franchise to construct, operate and maintain a natural gas
distribution system upon certain property of the City for a term of twenty (20) years;
WHEREAS, the written bid of Roanoke Gas Company, was delivered to
the presiding officer of City Council in open session of the Council at 2:00 p.m. on
June 17, 1996;
533
WHEREAS, such bid was referred to a Bid Committee appointed by the
Mayor, and the Bid Committee report to the Council recommending that the bid of
Roanoke Gas Company, be accepted; and
WHEREAS, Roanoke Gas Company has agreed to accept the terms and
conditions of the Gas Franchise Ordinance being adopted simultaneously with this
ordinance and to enter into a Gas Franchise Agreement;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The bid of Roanoke Gas Company for a franchise to construct,
operate and maintain a natural gas distribution system upon certain public property
of the City, such bid being on file in the Office of the City Clerk, is hereby
ACCEPTED.
2. The Mayor and the City Clerk are hereby authorized, for and on
behalf of the City, to execute and attest, respectively, a Gas Franchise Agreement,
retroactive to January 1, 1996, a copy of which is on file in the Office of the City
Clerk, and such Agreement shall be in such form as is approved by the City
Attorney.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33008-070196.
AN ORDINANCE providing for one or more non-exclusive franchises to
construct, reconstruct, operate, maintain, repair and extend a Gas Distribution
System within the City of Roanoke, Virginia.
534
BE IT ORDAINED by the Council of the City of Roanoke as follows:
SECTION 1. DEFINITIONS.
For the purposes of this Ordinance, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future, words in the
plural number include the singular number, and words in the singular number
include the plural number. The words "shall" and "will" are always mandatory, not
merely directive or indicative. The word "may" is permissive and indicative and not
mandatory.
"City" shall mean the City of Roanoke,
Virginia.
bg
"City Manager" shall mean the person appointed
City Manager by Roanoke City Council pursuant to
the Roanoke City Charter or the City Manager's
designee. In the absence of the City Manager, the
term shall include a duly authorized Acting City
Manager.
"Franchise" shall mean the formal agreement which
authorizes the specific Grantee to construct,
reconstruct, operate, maintain, repair and extend a
Gas Distribution System in the area defined by, and
pursuant to the terms and conditions of, this
Ordinance.
"Franchise Fee" shall mean the fee paid by the
Grantee to the City in consideration of the use of its
Streets and administration of this Ordinance and
the Franchise.
"Gas Distribution System" or "System" shall mean
the complete system in a physical sense including
gas distribution lines, pipes, manholes and all other
actual appliances and appurtenances necessary
and incidental to the usual operation and
maintenance of a gas works, or any portion of the
System, in the Streets within the Territorial Limits of
the City.
535
f.
"Grantee" shall mean the Person granted a
Franchise pursuant to the Franchise Agreement and
this Ordinance and Grantee's agents, servants,
employees, contractors, subcontractors and any
other person or entity authorized by the Grantee to
act on its behalf.
g. "Ordinance" shall mean this Franchise Ordinance.
"Person" shall mean any person, firm, partnership,
association, corporation, company, organization or
other entity.
"Street" shall mean the surface of and the space
above and below any public street, road, highway,
avenue, sidewalk, way, bridge, viaduct, alley or
other public right-of-way, including non-paved
surfaces, now or hereafter held by the City for the
purpose of public travel, communications, alarm,
street lighting, power distribution or similar public
use.
"Territorial Limits" shall mean the corporate limits
of the City as such corporate limits now exist or
may hereafter be extended or otherwise altered.
"Work" shall mean Grantee's use of the Streets of
the City; the acquisition, construction,
reconstruction, erection, installation, operation,
maintenance, repair or extension of Grantee's Gas
Distribution System; and the exercise of any right
or privilege granted by or under this Ordinance or
any Franchise.
SECTION 2. GRANT OF AUTHORITY.
The Franchise granted by the City and accepted by Grantee pursuant
to the Franchise Agreement and this Ordinance shall provide to Grantee the right,
privilege and authority to construct, reconstruct, operate, maintain, repair and
extend a Gas Distribution System in the Territorial Limits of the City for the term
specified in the Franchise.
536
SECTION 3. STREET AND RIGHT-OF-WAY USE NOT EXCLUSIVE.
For the purpose of constructing, operating, maintaining and extending
a Gas Distribution System in the Territorial Limits of the City, Grantee may erect,
install, construct, repair, replace, relocate, reconstruct, remove and retain in the
Streets within the Territorial Limits of the City such pipes, lines, manholes, and any
and all other additional appliances and appurtenances necessary and incidental to
the usual operation of a Gas Distribution System, provided that all applicable
permits are applied for and granted, all fees paid, and all other applicable local
ordinances, codes and regulations are otherwise complied with. Subject to State
law, the right to use and occupy the Streets for the purposes set forth herein is not
exclusive. The City reserves the right to grant one or more additional Franchises or
other authorizations for similar use to any other Person at any time.
SECTION 4. PUBLIC WORKS.
The rights and privileges granted by this Ordinance shall not be in
preference or hindrance to the rights of the City and any other lawful governmental
authorities having jurisdiction to perform or carry out any public works or public
improvements. Should the Gas Distribution System interfere with the construction,
maintenance or repair of such public works or improvements, Grantee, at its
expense, shall protect or relocate the Gas Distribution System, or any applicable
part thereof, as directed by the City or other governmental authorities having
jurisdiction.
SECTION 5. USE OF STREETS.
(a) General control. Grantee, in any opening it shall make in the
Streets of the City, shall be subject to the provisions of this Ordinance and to all
applicable ordinances, codes and regulations of the City. The Gas Distribution
System of the Grantee shall be located so as not to interfere with the public safety
or with the convenience of persons using the Streets.
(b) Ri_~ht of desi_~nation. The City reserves the right by resolution
of the City Council or otherwise through proper representatives of the City to
specifically designate the location of the Gas Distribution System of Grantee with
reference to municipal facilities, such as sewer and water mains, drainage facilities,
fiber optic cable, signal poles and lines and similar services, other facilities, such
as public telephone utilities, public electric utilities, public cable television utilities,
and railway communication and power lines, in such a manner as to protect the
public safety and public and private property and to facilitate the creation of a
convenient, attractive and harmonious community. Failure by the City to so
designate does not relieve Grantee of its responsibilities in matters of public safety
as provided in this Ordinance. Grantee shall construct, maintain and locate its Gas
537
Distribution System so as not to interfere with the construction, location and
maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of
the City. Any designation of location required or authorized by this Ordinance shall
be accomplished by the City so as not to unnecessarily delay the Grantee in any of
its operations.
(c) Notice to Ci~. Except in the cases of emergencies under
Subsection (d) of this Section, Grantee shall not move, alter, change or extend any
of its Gas Distribution System in any Street unless prior written notice of its
intention so to do is given to the City Manager and permission in writing so to do is
granted by the City Manager or such requirement is waived by the City Manager.
Such permission shall be conditioned upon compliance with the terms and
conditions of this Ordinance, with such other terms and conditions as will preserve,
protect and promote the safety of the public using the Streets, and as will prevent
undue interference with or obstruction of the use of the Streets by the public, the
City or by any other public utility or public service corporation for their respective
purposes and functions, and shall not be unreasonably withheld.
(d) Written _~ermil~. The City Council may require that written
permits, in any and all cases, be obtained by Grantee whenever it becomes
necessary for Grantee to excavate in the Streets in order to install, construct,
maintain or extend the Gas Distribution System. Such permits, if required, may be
made applicable to any and all types of excavations in the Streets, as prescribed by
City Council, and City Council may, by resolution, establish a fee for each
excavation made in a Street by a public utility. Such permits may state the particular
part or point of the Streets where construction or excavation is to be conducted, the
length of time in which such permit shall authorize such Work to be done and the
hours of each day during which such Work shall be undertaken. A single permit
may be issued for multiple excavations to be made in Streets; provided, however,
any Street opening fee established by City Council shall apply to each excavation
made in Streets of the City. Exceptions to the requirement for a written permit shall
be allowed in cases of emergencies involving public safety or restoration of service.
In the case of emergency excavations made in the Streets without permit, Grantee
shall make a report of each such excavation to the City within two (2) working days
and pay such fee as may be established by City Council for excavations in Streets
by public utilities. Any permit applications and inspections related to repair of
excavations shall be promptly acted upon by the City so as not to unnecessarily
delay the Grantee in efficiently discharging its public service obligation. Any fees
for permits or inspections charged by the City shall be based on the City's actual
costs of administering the program of issuing permits and conducting inspections.
(e) Restoration of Streets. Immediately after installation, repair or
extension of the Gas Distribution System or any portion thereof or any pavement cut
by Grantee in any Street of the City, the incidental trenches or excavations shall be
538
refilled by Grantee in a manner reasonably acceptable to the City Manager.
Pavement, sidewalks, curbs, gutters or any other portions of Streets damaged,
disturbed or destroyed by such work shall be promptly restored and replaced with
like materials to their former condition by Grantee at its own expense; however,
where it is necessary, and if authorized by the City, in order to achieve the former
conditions, Grantee shall use materials whose type, specification and quantities
exceed or are different from those used in the installation, and Grantee at its own
expense shall provide such different materials. Where a cut or disturbance is made
in a section of sidewalk paving, rather than replacing only the area actually cut,
Grantee shall replace the full width of the existing sidewalk and the full length of the
section or sections cut, a section being defined as that area marked by expansion
joints or scoring. Grantee shall maintain, repair and keep in good condition for a
period of one (1) year following such disturbance all portions of Streets disturbed
by Grantee, provided such maintenance and repair shall be necessary because of
defective workmanship or-materials supplied by Grantee.
(f) Removal of obstructions and defects. Grantee shall promptly
remove or correct any obstruction or defect in any Street which may have been
caused by Grantee in the installation, operation, maintenance or extension of
Grantee's Gas Distribution System. Any such obstruction or defect which is not
promptly removed, repaired or corrected by Grantee after proper notice so to do,
given by the City to Grantee, may be removed or corrected by the City, and the cost
thereof shall be charged against Grantee and may be enforced as a lien upon any
of Grantee's properties or assets. Any expense of damage, relocation or
replacement to City water, sanitary sewer, storm sewer, storm drainage or
communication facilities resulting from construction or maintenance of Grantee's
Gas Distribution System shall be borne by Grantee and any expense incurred in
connection therewith by the City shall be reimbursed by the Grantee.
(g) Minimum inconvenience; protection of public. Grantee shall not
open, disturb or obstruct, at any one time, any more of the Streets, than reasonably
may be necessary to enable it to proceed with advantage in laying or repairing its
Gas Distribution System. Neither shall Grantee permit any Street so opened,
disturbed or obstructed by it in the installation, construction, repair or extension of
its Gas Distribution System to remain open or the public way disturbed or
obstructed for a longer period of time than reasonably shall be necessary. In all
cases where any Street shall be excavated, disturbed or obstructed by Grantee,
Grantee shall take all precautions necessary or proper for the protection of the
public and shall maintain adequate warning signs, barricades, signals and other
devices necessary or proper to adequately give notice, protection and warning to
the public of the existence of all actual conditions present.
539
(h) Relocation of City_ facilities. Whenever the City shall widen,
reconstruct, realign, pave or repave any Street, or shall change the grade or line of
any Street, or shall construct or reconstruct any water, sanitary sewer, storm sewer,
drainage or communications facility of the City, it shall be the duty of Grantee to
move, alter or relocate its Gas Distribution System or any part thereof as requested
by the City at Grantee's cost and expense. Upon written notice by the City Manager
of the City's intention to perform work as specified above, Grantee shall within a
reasonable period of time accomplish its obligation in accordance with and to
conform to the plans of the City for such construction, reconstruction or
improvements. Should the Grantee fail, refuse or neglect to comply with such
notice, the Gas Distribution System or any part thereof may be removed, altered or
relocated by the City, the cost of which shall be paid by Grantee, and the City shall
not be liable to Grantee for any damages resulting from such removal, alteration or
relocation. In cases where Grantee believes the costs of relocation by Grantee
would be cost prohibitive and an alternative location of the City's facilities would be
feasible, the City and Grantee shall jointly evaluate whether Grantee could
reasonably pay any additional costs to the City of the alternative City facility location
in lieu of relocating Grantee's facilities. Grantee shall not be required by the City to
relocate its Gas Distribution System when any Street in which such System is
located is vacated, closed or abandoned by the City for the convenience of abutting
property owners and not as an incident to a public improvement. The City shall give
Grantee notice in writing of such proposed abandonments or Street closings to
allow Grantee to protect its access interests.
SECTION 6. SERVICE STANDARDS.
The rights and privileges granted and conferred upon the Grantee are
granted upon the express condition and understanding that Grantee will render to
the public and the City of Roanoke at all times during the term of this Franchise
adequate and efficient gas service at reasonable rates and that it will maintain its
properties, works, structures, facilities and the Gas Distribution System located
within the City in good order throughout the term of this Franchise. By accepting
this Franchise, Grantee expressly agrees that the State Corporation Commission of
Virginia shall have jurisdiction, to the full extent and in the same manner now or
hereafter during the life of this Franchise provided by law, to require Grantee to
render efficient service as aforesaid at reasonable rates and to maintain its
properties in good order throughout the term of this Franchise and otherwise
enforce, together with the City, in the Circuit Court for the City of Roanoke, the
provisions of this Franchise to the full extent provided by law.
540
SECTION 7. SAFETY STANDARDS.
Grantee shall at all times employ a high standard of care and shall
install and maintain in use approved methods and devices for preventing failure or
accidents which are likely to cause damages, injuries or nuisances to the public.
SECTION 8. RESTORATION OF IMPAIRED SERVICE.
In the event of any interruption or impairment of service by reason of
force, nature, act of God, strike, breakdown, accident or other happening beyond the
control of Grantee, Grantee shall use every reasonable effort and shall exercise
prompt diligence to restore such service with as little interruption as reasonably
possible and, in all events, within a reasonable time, but any such interruption or
failure of service caused by any of the aforesaid reasons shall not, of itself,
constitute a breach of this Franchise.
SECTION 9. COMPLIANCE REQUIRED.
Grantee shall comply with all applicable City, State and Federal laws,
ordinances, regulations and codes.
SECTION 10. POLICE POWER.
All rights and privileges granted hereby are subject to lawful exercise
of the police power of the City to adopt and enforce local laws, rules and regulations
necessary to the health, safety and general welfare of the public. Expressly
reserved to the City is the right to adopt, in addition to the provisions of this
Ordinance, the Franchise and existing laws, such additional ordinances and
regulations as are necessary for the lawful exercise of its police power, for the
benefit and safety of the public.
SECTION 11. TAXES.
Nothing contained in this Ordinance or in the Franchise shall be
construed to exempt Grantee from any tax, levy or assessment of the City which is
now or may hereafter be authorized by law.
SECTION 12. GRANTEE TO OWN SYSTEM.
Grantee shall, at all times during the term of this Franchise, have full
possessory rights to all facilities and property, real and personal, of the Gas
Distribution System, whether by ownership, lease, license or otherwise. Grantee
may discard or replace any property, real or personal, as long as Grantee can satisfy
its obligations hereunder.
541
SECTION 13. APPROVAL OF TRANSFER.
No sale, assignment or lease by Grantee of the Franchise or of the
privileges granted under this Ordinance shall be effective until approved by the State
Corporation Commission and until Grantee's successor shall have agreed in writing
with the City to accept the terms and conditions of this Ordinance and the Franchise
and to perform in accordance with their terms and conditions.
SECTION 14. LIABILITY.
Grantee agrees and binds itself to indemnify, keep and hold the City
free and harmless from liability on account of injury or damage to persons or
property growing out of or directly or indirectly resulting from: (a) Grantee's use of
the Streets of the City; (b) the acquisition, construction, reconstruction, erection,
installation, operation, maintenance, repair or extension of Grantee's Gas
Distribution System; (c) the exercise of any right or privilege granted by or under
this Ordinance or any Franchise; or (d) the failure, refusal or neglect of Grantee to
perform any duty imposed upon or assumed by Grantee by or under this Ordinance
or any Franchise. In the event that any suit or proceeding shall be brought against
the City at law or in equity, either independently or jointly with Grantee on account
thereof, Grantee, upon notice given to it by the City, will defend the City in any such
action or other proceeding, at the cost of the Grantee. In the event of a final
judgment being awarded against the City, either independently or jointly with
Grantee, then Grantee will pay such judgment or will comply with such decree, pay
all costs and expenses of whatsoever nature and hold the City harmless therefrom.
SECTION 15. INSURANCE AND BOND REQUIREMENTS.
(a) Ree_uirement of insurance. Grantee shall, at its expense, obtain
and maintain during the life of its Franchise the insurance and bond required by this
Section. Any required insurance and bond shall be effective prior to the beginning
of any Work by Grantee under its Franchise.
(b) Commercial General Liability_. Grantee shall maintain during the
life of its Franchise Commercial General Liability insurance coverage insuring
against all claims, loss, cost, damage, expense or liability from loss of life or
damage or injury to persons or property arising out of the Grantee's Work under its
Franchise. The minimum limits of liability for this coverage shall be $10,000,000
combined single limit for any one occurrence.
(c) Contractual Liability_. Grantee shall maintain during the life of its
Franchise broad form Contractual Liability insurance including the indemnification
obligation set forth in Section 14 of this Ordinance.
542
(d) Workers' Compensation. The Grantee shall maintain during the
life of its Franchise Workers' Compensation insurance covering Grantee's statutory
obligation under the laws of the Commonwealth of Virginia and Employer's Liability
insurance for all its employees engaged in Work under its Franchise. Minimum
limits of liability for Employer's Liability shall be $100,000 bodily injury each
occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily
injury by disease (each employee). With respect to the Workers' Compensation
coverage, the Grantee's insurance company shall waive rights of subrogation
against the City, its officers, agents and employees.
(e) Automobile Liability_. The Grantee shall maintain during the life
of its Franchise Automobile Liability insurance. The minimum limit of liability for
such insurance shall be $1,000,000 combined single limit applicable to owned or
non-owned vehicles used in the performance of any Work under its Franchise.
(f) Umbrella Coverage. The insurance coverages and amounts set
forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella
liability policy following the form of the underlying primary coverage in a minimum
amount of $10,000,000. Should an umbrella liability insurance coverage policy be
used, such coverage shall be accompanied by a certificate of endorsement stating
that it applies to the specific policy numbers indicated for the insurance providing
the coverages required by subsections (b), (c), (d) and (e), and it is further agreed
that such statement shall be made a part of the certificate of insurance furnished by
Grantee to the City.
(g)
requirements:
Evidence of Insurance. All insurance shall meet the following
(1)
The Grantee shall furnish the City a
certificate or certificates of insurance
showing the type, amount, effective
dates and date of expiration of the
policies. Certificates of insurance shall
include any insurance deductibles.
(2)
The required certificate or certificates
of insurance shall include
substantially the following statement:
"The insurance covered by this
certificate shall not be canceled or
materially altered, except after thirty
(30) days written notice has been
received by the City of Roanoke."
(3)
(4)
The required certificate or certificates
of insurance shall name the City of
Roanoke, its officers, agents and
employees as additional insureds.
Insurance coverage shall be in a form
and with an insurance company
approved by the City which approval
shall not be unreasonably withheld.
Any insurance company providing
coverage under this Ordinance or any
Franchise granted under this
Ordinance shall be authorized to do
business in the Commonwealth of
Virginia.
543
(h) Ran_aes and Limits. At the end of ten (10) years, the City shall
have the right to require increases in the amounts of insurance specified above.
Any adjustments shall bear a reasonable relation to any change in the cost of living
or cost of repair or replacement, as measured by changes in the Consumer Price
Index of the United States Bureau of Labor Statistics applicable to the
Commonwealth of Virginia or comparable measure if the Consumer Price Index is
no longer being issued.
(i) Bend. Grantee shall post and maintain for the life of its
Franchise a performance bond in favor of the City in the amount of $25,000. The
bond shall be issued by a bonding company approved by the City.
SECTION 16. REPORTS. MAPS AND PLATS.
(a) Grantee shall file annually with the City Manager a copy of
Grantee's annual report, which report shall contain and reflect the audit and financial
statement as pertains to the business operations of Grantee for the immediately
preceding business year. Grantee's books and systems of account showing the
gross income derived by Grantee from its supply and sale of gas in the City, the City
of Salem and the Town of Vinton shall be made available at all reasonable times for
audit or inspection and verification by a duly authorized officer or agent of the City.
(b) Grantee shall, upon written and reasonable request at any time
from the City Manager, make available or furnish to the City Manager maps, plats or
plans, or copies thereof, showing the location of any or all of its Gas Distribution
System located in any Street of the City.
544
SECTION 17. LIEN OF CITY.
All debts, penalties or forfeitures accruing to the City under the terms
of this Ordinance shall constitute a lien upon the property and Franchise of Grantee
within the City, subject, however, to then-existing prior liens.
SECTION 18. JURISDICTION OF GOVERNMENTAL REGULATORY
COMMISSIONS.
If any provision of this Ordinance shall be in conflict with any
constitutional provision, or any federal, State or local law, or any lawful rule of the
State Corporation Commission of Virginia, or of any other duly constituted body or
commission legally authorized to prescribe rules governing the conduct of Grantee
within the City, so that Grantee cannot reasonably comply with both the provisions
of this Ordinance and such provision, law or rule of such commission or body, then
Grantee shall comply with such specific provision, law or rule instead of with the
conflicting provision of this Ordinance, but Grantee shall comply with each and all
of the provisions of this Ordinance where such can be done without violating
constitutional provisions, valid laws or rules of the said commission or body.
Whenever Grantee has knowledge of such a conflict, Grantee shall immediately
notify the City Manager in writing.
SECTION 19. NON-DISCRIMINATION.
Grantee shall not discriminate on the basis of race, religion, color, sex
or national origin in its employment practices, contracting or provision of services.
SECTION 20. NOTICE.
All notices required under this Ordinance shall be given as provided in
the Franchise Agreement.
SECTION 21. EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after ten (10)
days from the date of its passage and retroactive to January 1, 1996.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
545
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33009-070196.
AN ORDINANCE accepting a bid for the right to construct, operate and
maintain a gas transmission pipeline on certain property of the City and authorizing
the execution of a Gas Pipeline Agreement for a twenty year term.
WHEREAS, by public notice published in The Roanoke Times pursuant
to §§15.1-308 and 15.1-309, Code of Virginia (1950), as amended, the City Council
has invited bids for the right to use certain property of the City for the construction,
operation and maintenance of a gas transmission pipeline for a term of twenty years;
WHEREAS, the written bid of Roanoke Gas Company was delivered to
the presiding officer of City Council in open session of the Council at 2:00 p.m. on
June 17, 1996;
WHEREAS, such bid was referred to a Bid Committee appointed by the
Mayor, and the Bid Committee reported to the Council recommending that the bid
of Roanoke Gas Company be accepted; and
WHEREAS, Roanoke Gas Company has agreed to enter into the Gas
Pipeline Agreement with the City on file in the Office of the City Clerk;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The bid of Roanoke Gas Company for the right to construct,
operate and maintain a gas transmission pipeline for a term of twenty years within
a certain right-of-way approximately 14,129 feet in length on City-owned property
known as the Carvins Cove Reservoir property in Botetourt County, Virginia, and
Roanoke County, Virginia, such bid being on file in the Office of the City Clerk, is
hereby ACCEPTED.
546
2. The Mayor and the City Clerk are hereby authorized, for and on
behalf of the City, to execute and attest, respectively, a Gas Pipeline Agreement,
retroactive to January 1, 1996, a copy of which is on file in the Office of the City
Clerk, and such agreement shall be in such form as is 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 1st day of July, 1996.
No. 33010-070196.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 131, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City.
WHEREAS, Eutaw L. Bowling, has made application to the Council of
the City of Roanoke to have the hereinafter described property rezoned from HM,
Heavy Manufacturing District, to LM, Light Manufacturing District; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979),
as amended, and after conducting a public hearing on the matter, has made its
recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on June 17, 1996, 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.
547
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. 131 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That tract of land located at 2315 Patterson Avenue, S. W., and
designated on Sheet No. 131 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax Nos. t311601 and 1312318, be, and is hereby rezoned from HM, Heavy
Manufacturing District, to LM, Light Manufacturing District, pursuant to the Petition
filed in the Office of the City Clerk on April 25, 1996, and that Sheet No. 131 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 1st day of July, 1996.
No. 33011-070196.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 425, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, and to remove certain
conditions presently binding upon certain property previously conditionally zoned
CN, Neighborhood Commercial District.
WHEREAS, CBL & Associates Limited, has made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned
from CN, Neighborhood Commercial District, to C-2, General Commercial District,
and to remove certain conditions presently binding upon Official Tax No. 4250202;
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
548
WHEREAS, a public hearing was held by City Council on said
application at its meeting on June 17, 1996, 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. 425 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That tract of land located on the north side of Bennington Street, S. E.,
at its intersection with Mount Pleasant Boulevard, S. E., and Rutrough Road, S. E.,
and designated on Sheet No. 425 of the Sectional 1976 Zone Map, City of Roanoke,
as Official Tax No. 4250202, be, and is hereby rezoned from CN, Neighborhood
Commercial District, to C-2, General Commercial District, and that certain conditions
presently binding upon Official TaX No. 4250202 are hereby removed, pursuant to
the First Amended Petition filed in the Office of the City Clerk on June 14, 1996, and
that Sheet No. 425 of the Zone Map be changed in this respect.
APPROVED
ATTEST:
Mary F. Parker David A. Bowers
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33012-070196.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicant.
549
WHEREAS, JJ&T Partnership and Randall Wayne Brown, has made
application to the Council of the City of Roanoke to have property bearing Official
Tax No. 4011103 rezoned from LM, Light Manufacturing District, to C-3, Central
Business District; and
WHEREAS, Randall Wayne Brown has made application to the Council
of the City of Roanoke to have property bearing Official Tax No. 4011102 rszoned
from LM, Light Manufacturing District, to C-3, Central Business 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 17, t996, 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. 401 of
the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
1. That certain tract of land located on the southerly side of
Campbell Avenue, S. E., and designated on Sheet No. 401 of the Sectional 1976 Zone
Map, City of Roanoke, as Official Tax No. 4011102, be, and is hereby rezoned from
LM, Light Manufacturing District, to C-3, Central Business District, as set forth in the
Third Amended Petition filed in the Office of the City Clerk on May 13, 1996, and that
Sheet No. 401 of the Zone Map be changed in this respect; and
2. That certain tract of land located on the southerly side of
Campbell Avenue, S. E., and designated on Sheet No. 401 of the Sectional 1976 Zone
Map, City of Roanoke, as Official Tax No. 4011103, be, and is hereby rezoned from
55O
LM, Light Manufacturing District, to C-3, Central Business District, subject to the
proffers contained in the Third Amended Petition filed in the Office of the City Clerk
on May 13, 1996, and that Sheet No. 401 of the Zone Map be changed in this respect.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33013-070196.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 111 and Sheet No. 121, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City.
WHEREAS, the Roanoke City Planning Commission has made
appliCation to the Council of the City of Roanoke to have the hereinafter described
property rezoned from LM, Light Manufacturing District, and RM-2, Residential
Multifamily, Medium Density District, to RM-I, 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 June 17, 1996, 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
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 rezoned from LM, Light
Manufacturing District, and RM-2, Residential Multifamily, Medium Density District,
to RM-1, Residential Multifamily, Low Density District, as herein provided.
551
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that §36.1-3, Code of the City of Roanoke (t979), as amended, and Sheet No. 111 and
Sheet No. 121 of the Sectional t976 Zone Map, City of Roanoke, be amended in the
following particular and no other:
Those certain parcels of land in the Southwest quadrant of the City,
bounded generally by Jackson Avenue on the North, 12th Street on the West, Salem
Avenue on the South, 10th Street on the East, and bearing Official Tax Nos.
1211402, 1211502, 1211503, 1211504, 1211504A, 1211505, 1211508, 1211509,
1211510, 1211511, 1211512, property owned by Norfolk Southern Corporation and
bearing Official Tax Nos. 1110806, 1110807, 1110808, 1110809, 1110817, 1110101,
1110102, 1110103, 1110104, 1110105, 1110106, 1110107, 1110108, 1110109, 1110110,
1110111, 1110112, 1110113, 1110114, 1110115, 1110116, 1110117, 1110118, 1110119,
1110120, 1110121, 1110122, 1110123, 1110124, 1110125, 1110126, 1110127, 1110128,
1110129, 1110130, and 1110t 31, currently zoned LM, Light Manufacturing District,
be, and are hereby rezoned to RM-1, Residential Multifamily, Low Density District;
and Official Tax Nos. 1110801, 1110802, 1110803, 1110804, and 1110810, currently
zoned RM-2, Residential Mulfifamily, Medium Density District, be, and are hereby
rezoned to RM-1, Residential Multifamily, Low Density District, and that Sheet No.
111 and Sheet No. 121 of the Zone Map be changed in this respect.
f'~ ~ ~ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33014-070196.
A RESOLUTION recognizing the HONORABLE LINDA F. WYATT to be
a member of the City Council and Vice-Mayor of the City of Roanoke.
WHEREAS, the Honorable Linda F. Wyatt received the largest number
of votes of any candidate running for Council in the regular Councilmanic election
held on the first Tuesday in May, 1996, and was, therefore, elected Vice-Mayor of the
City for a term which commenced July 1, 1996, as provided by §4 of the Charter of
the City of Roanoke.
552
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that the Honorable Linda F. Wyatt be, and she is hereby recognized to be a duly
elected member of the Council of said City for a term commencing on the 1st day of
July, 1996, and continuing for a period of four years and until her successor shall
have been elected and qualified, and to be the duly elected Vice-Mayor of the City
for a term commencing July 1, 1996, and continuing for a period of two years and
until her successor shall have been elected and qualified.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33015-070196.
A RESOLUTION recognizing and commending the Honorable William
White, Sr., for his services as Acting Vice-Mayor of the City of Roanoke.
WHEREAS, the Honorable John S. Edwards resigned as Vice-Mayor
effective December 31, 1995, and the Honorable William White, Sr., was elected by
City Council as Acting Vice-Mayor of the City of Roanoke for a term commencing
January 16, 1996, and ending June 30, 1996;
WHEREAS, in the absence of the Mayor, the Acting Vice-Mayor presided
at meetings of City Council, represented the City on ceremonial occasions and
performed other duties ordinarily imposed upon the Mayor by §t5 of the City
Charter; and
WHEREAS, Mr. White served with honor and distinction as Acting Vice-
Mayor, giving selflessly of his time to perform the many responsibilities required of
him as Acting Vice-Mayor, as at the same time promptly and efficiently discharging
his other duties on the City Council.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
553
1. The Mayor and members of this body do hereby recognize and
commend the Honorable William White, Sr., for his service as Acting Vice-Mayor of
this City and assure him of their continued support as he continues to serve as a
member of Council.
2. The Clerk is directed to forward an attested copy of this
Resolution to Mr. White.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33016-070196.
A RESOLUTION approving the annual budget of the Roanoke Valley
Resource Authority for Fiscal Year 1996-1997, 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 1996-1997, in the
amount of $10,282,455.00 is hereby approved, all as more particularly set forth in the
report to this Council dated July 1, 1996, from the Roanoke City representative to the
Roanoke Valley Resource Authority.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
554
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33017-070196.
AN ORDINANCE to amend and reordain certain sections of the 1995-96
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 1995-96 Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
ADDroDriations
General Government
Enterprise Zone (1) ...............................
Fund Balance
Reserved Fund Balance - Unappropriated (2) .......... $
1) Appropriated from
General Revenue
2) Reserved Fund
Balance -
Unappropriated
(008-052-9630-9003)
$ 8,326,687.00
156,050.00
1,586,406.00
$156,050.00
(008-3325) (156,050.00)
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
555
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33018-070196.
AN ORDINANCE amending and reordaining Article II, Real Estate TaxQs
Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as
amended, by adding a new Division SA, Exem_~tion of Certain Rehabilitated or
Renovated Commercial or Industrial Real Pro_~erty Located in Enter_~rise _7_nnQ Twn,
to provide for a certain real estate tax exemption for substantial rehabilitation or
renovation of existing commercial or industrial buildings at least 15 or more years
old and located within Enterprise Zone Two under certain terms and conditions; 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 hereby
amended and reordained by the addition of the following new Division SA, of
Article II, Chapter 32:
Division 5 A. Exem_~tion of Certain Rehabilitated or Renovated Commercial or
Industrial Real Pro_~erty_ Located in Enter_~rise Zone Two
§32-101.1. Generally.
The Commissioner of the Revenue shall, upon application made
and within the limits hereinafter provided, order exemption of
real property tax on real property substantially rehabilitated or
renovated for commercial or industrial use and located within the
area of Enterprise Zone Two, as such area is shown on a map of
Enterprise Zone Two which is on file in the Office of the City
Clerk.
§32.10t.2.
Divisien.
Rules and Re_oulafions for Administration for
The Commissioner, with the advice and comment of the city
manager, director of finance, and director of real estate
valuation, shall adopt and promulgate such rules and regulations
not inconsistent with the provisions of this division as are
deemed necessary for the effective administration of this
division.
556
§32-101.3.
Property.
Elicjibili~y of Commercial or Industrial Real
(a)
In order to qualify for the exemption from real property
taxation for real property substantially rehabilitated or
renovated for commercial or industrial use within
Enterprise Zone Two, a structure shall meet all of the
following criteria:
(1)
Be no less than 15 years of age and located within
Enterprise Zone Two;
(2)
Be rehabilitated or renovated so as to increase the
assessed value of the structure by at least $50,000
or more;
(3)
Be designed for and suitable for commercial or
industrial use after completion of such
rehabilitation or renovation;
(4)
The structure has not received an exemption under
Division 5, Exemption of Certain Rehabilitated Real
Property, of this chapter; and
(s)
The rehabilitation or renovation must be completed
within one year after the date of the filing of the
application for exemption.
(b)
The types of substantial rehabilitation or renovation
improvements that will be considered as increasing the
assessed value are limited to those made to the actual
qualifying structure only. Other improvements, fees, or
costs will not be considered.
(c)
Any new additions to the qualifying structure or any
additional square footage over the prerehabilitation or
prerenovation square footage will not be considered as
increasing the assessed value of the qualifying structure
or eligible for or considered for the tax exemption since
the purpose of this incentive is to encourage rehabilitation
or renovation of existing structures.
§32-101.4. Amountof ExemDtion.
The amount of exemption from real property taxation provided
for by this division shall be an amount equal to the difference in
the appraised value of the qualifying structure immediately
before rehabilitation or renovation and immediately after
rehabilitation or renovation as determined by the director of real
estate valuation. This amount only, on a fixed basis, shall
constitute the exemption, notwithstanding subsequent
assessment or reassessment. The exemption resulting from
substantial rehabilitation or renovation of a qualifying structure
shall commence on July 1st of the tax year following completion
of the rehabilitation or renovation and approval of the application
and shall run with the real estate for a period of five years from
the date of commencement of the exemption as set forth herein.
Only one exemption under this division may be applicable to any
qualifying structure during the life of the qualifying structure.
Furthermore, any qualifying structure which obtains an
exemption under this division shall not be entitled to obtain an
exemption under Division 5, Exemption of Certain Rehabilitated
Real Property, of this chapter. The maximum total amount of tax
abatement for any qualifying structure over the five year period
shall not exceed a total of $75,000. Should the amount of tax
abatement exceed the total of $75,000 before the expiration of
the five year period, the exemption shall end when the tax
abatement reaches the $75,000 figure and real property taxes will
be due on the increased assessed value previously exempted.
§32-t01.5. AD_~lication.
(a)
Application for exemption of substantial rehabilitated or
renovated real property from taxation under this division
shall be filed by the owner of such property with the
Commissioner of the Revenue prior to commencement of
any rehabilitation or renovation work for which exemption
is sought. Each application for such exemption shall be
accompanied by a processing fee in the amount of $50.00.
No property shall be eligible for such exemption unless all
appropriate building permits have been acquired and the
director of real estate valuation has verified that the
rehabilitation or renovation indicated on the application
has been completed. Furthermore, no property shall be
eligible for such exemption if the director of real estate
valuation has been denied access to the entire premises,
557
558
either before or after the rehabilitation or renovation work
for which the exemption has been sought, for purposes of
determining whether the required rehabilitation or
renovation has been completed and for appraising the
property. The application for this exemption must be filed
with the Commissioner of the Revenue during the period
of July 1, 1996, through June 30, 2001, in order to be
eligible for this exemption.
(b)
The burden of proof shall be on the applicant to show that
the structure for which the exemption has been filed
complies with all the eligibility criteria established by this
division. The Commissioner of the Revenue may require
documentary proof of eligibility and, in such cases,
documentation satisfactory to the Commissioner shall be
presented by the applicant.
§32-101.6. Land Book.
Nothing in this division shall be construed as to permit the
Commissioner of the Revenue to list upon the land book any
reduced value due to the exemption provided by this division.
§32-101.7. Demolition.
The exemption provided in this division shall not apply when any
existing structure is demolished or razed and a replacement
structure is constructed.
§32-101.8. False Statements.
The making of any false statement in any application, affidavit,
or other information supplied for the purpose of eligibility
determination under this division shall constitute a Class 2
misdemeanor.
559
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:
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33019-070196.
AN ORDINANCE approving, adopting, and establishing certain local
incentives for the area designated as Enterprise Zone Two in the City of Roanoke;
providing for an effective date; and providing for an emergency.
WHEREAS, in November 1995, the Governor of Virginia designated as
Roanoke's second Enterprise Zone an area of 1,020 acres located in the City of
Roanoke as shown on a map of Enterprise Zone Two that was attached to the City's
Enterprise Zone application, a copy of which is on file in the Office of the City Clerk,
said Enterprise Zone to become effective January 1, 1996; and
WHEREAS, the City of Roanoke wishes to make certain local incentives
available to the Enterprise Zone Two area, all as more fully set forth and described
in a report of the City Manager to this Council dated July 1, 1996.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby approves and adopts the local
incentives for the area designated as Enterprise Zone Two located in the City of
Roanoke and as more fully set forth in the report of the City Manager to this Council
dated July 1, 1996, which report and incentives are incorporated herein by reference.
2. The City Manager is hereby authorized on behalf of the City to
adopt and promulgate such rules and regulations and take such actions as may be
reasonably necessary and consistent with this ordinance to implement such local
incentives for the period of July 1, 1996, through June 30, 2001, at which time these
local incentives shall end, unless otherwise modified by this Council.
56O
3. The definitions set forth in §59.1-271 of the Code of Virginia
(1950), as amended, as they now exist or may hereafter be enacted shall apply to
this ordinance. Also, the term "Enterprise Zone Two" shall refer to the area
designated by the Governor of Virginia in November 1995, effective as of January 1,
1996, as Enterprise Zone Two located in the City of Roanoke and as shown on a map
attached to the City's Enterprise Zone application, a copy of which is on file in the
Office of the City Clerk.
4. Any business firm undertaking new building construction within
Enterprise Zone Two shall be entitled to a rebate of up to 100% of water, fire, and
sewer hookup fees based on appropriate and approved documentation of the
amount of new building construction investment of $250,000 or more undertaken by
such business firm within Enterprise Zone Two. All water, fire, and sewer hookup
fees shall initially be paid in full by the business firm. Upon completion of the new
building construction work and upon proper documentation of the issuance of a
permanent certificate of occupancy for the new building, the business firm may then
apply for a rebate under this local incentive. Upon the City's approval of the
application, the business firm will receive a rebate from the City of the following
percentage of water, fire, and sewer hookup fees the business firm previously paid
(without interest) for said new building construction:
Amount invested
Percent City_ Rebates
$1,000,000 or more 100%
900,000 - 999,999.99 90%
800,000 - 899,999.99 80%
700,000 - 799,999.99 70%
600,000 - 699,999.99 60%
500,000 - 599,999.99 50%
400,000 - 499,999.99 40%
300,000 - 399,999.99 30%
250,000 - 299,999.99 20%
0 - 249,999.99 0%
This local incentive shall be available only for water, fire, and sewer hookup fees
paid between the period of July 1, 1996, through June 30, 2001, at which time the this
local incentive will end. The City Manager shall establish appropriate rules and
regulations necessary to implement this local incentive.
5. Any business firm undertaking new building construction within
Enterprise Zone Two shall be entitled to a rebate of up to 100% of building permit
and comprehensive development plan review fees paid based on appropriate and
approved documentation of the amount of new building construction investment of
$1,000,000 or more undertaken by such business firm within Enterprise Zone Two.
561
All building permit and comprehensive development plan review fees shall initially
be paid in full by the business firm. Upon completion of the new building
construction work and upon proper documentation of the issuance of a permanent
certificate of occupancy for the new building, the business firm may then apply for
a rebate under this local incentive. Upon the City's approval of the application, the
business firm will receive a rebate from the City of the following percentage of
building permit and comprehensive development plan review fees the business firm
previously paid (without interest) for said new building construction:
Amount Invested
Percent Ci~ Rebates
$5,000,000 or more
1,000,000 - 4,999,999.99
0 - 999,999.99
100%
50%
0%
This local incentive shall be available only for building permit and comprehensive
development plan review fees paid between the period of July 1, 1996, through
June 30, 2001, at which time this local incentive will end. The City Manager shall
establish appropriate rules and regulations necessary to implement this local
incentive.
6. Job training grants will be provided to business firms within the
City of Roanoke Enterprise Zone Two subject to the following conditions and
restrictions:
Only permanent full-time positions as defined in §59.1-
280.1 Code of Virginia (1950), as amended, that are newly
created will be considered for a job training grant.
A business firm may only receive this grant one time.
In order to be eligible for the job training grant, business
firms within Enterprise Zone Two must accomplish the
following two requirements within the same twelve (12)
month period of time: (1)create at least ten permanent full-
time positions; and (2) invest at least $250,000 in real
property and/or machinery and equipment.
A business firm shall only be allowed to request a job
training grant(s) under this local incentive program for the
calendar year it becomes eligible for this grant program as
set forth in this ordinance. A business firm requesting a
job training grant shall file an application with the City
Manager in accordance with the rules and regulations
established by the City Manager for this local incentive,
but in no event shall any application be filed more than
five months after the end of the calendar year for which
the grant is requested.
Es
The job training grants will be awarded to business firms
within Enterprise Zone Two upon proper application and
documentation of the creation of at least ten permanent
full-time positions and the investment amount set forth
above within a one year period of time. The number of
grants to which a business firm may be entitled will be
determined by the number of permanent full-time
positions created within the appropriate one year period
of time with the business firm entitled to one grant upon
creation of the tenth position and one additional grant for
the creation of each subsequent position. By way of
example only, for business firms making the required
investment and creating at least ten permanent full-time
positions within the one year period of time, the business
firm would receive one grant, for eleven positions two
grants, for twelve positions three grants, etc.
Fm
The amount of each job training grant will be based on the
specific position created within the one year period of
time with the amount of up to $1,000 allocated for each
newly created permanent full-time position for a person
who is a resident of and who meets the qualifications to
register to vote in Enterprise Zone Two and up to $500 per
full-time position for a person who is not a resident of
Enterprise Zone Two.
The maximum amount per fiscal year that the City of
Roanoke will appropriate for this local incentive program
is $25,000. Should approved applications for grants
exceed the $25,000 maximum, grants will be prorated
based on the total grants approved for that particular year.
Seasonal, temporary, leased, or contract labor positions,
or positions created when a job function is shifted from an
existing location within the Commonwealth of Virginia to
a business firm located within Enterprise Zone Two, shall
not qualify for newly created permanent full-time
positions. Business firms eligible for state job grants are
not eligible for this local incentive of a one time local job
563
training grant. Also, after a business firm has applied for
and received a job training grant(s) under this local
incentive, it shall no longer be eligible for any further job
training grants under this local incentive program.
The job training grants provided by this local incentive are
available only for the period of July 1, 1996, through
June 30, 2001, at which time this local incentive will end.
The City Manager shall establish appropriate rules and
regulations necessary to implement this local incentive.
7. In order to advance the public health, safety, and welfare, and to
improve property values, the City Manager may authorize payment for water and
sewer line extensions to certain properties located in census tract 6.98, block
groups 1, 2, and 8, which properties may need water and sewer service. The
maximum amount the City will appropriate for water and sewer line extensions for
this local incentive is $50,000 per fiscal year and no more than a total of $250,000
over a five year period. The period of availability for this local incentive is July 1,
1996, through June 30, 2001, at which time this local incentive will end. The City
Manager shall establish appropriate rules and regulations necessary to implement
this local incentive.
8. Mini grants will be made available for City residents who live
within census tract 6.98, block groups 1,2, and 8 so those residents may receive a
maximum grant of $50 per recipient for taking GED classes or enrolling in other high
school graduation programs with such grants to be paid to the school or
organization for enrollment fees, books, or testing. Only those persons who are
eligible for Community Development Block Grant or HOME funds will be eligible to
participate in this local incentive. The maximum amount the City will appropriate
for this local incentive will be a total of $750 per fiscal year during the period of
availability, which period will be from July 1, 1996, through June 30, 2001, at which
time this local incentive will end. A total of not more than $3,750 will be made
available for this local incentive program for the five year period of availability of this
program. The City Manager shall establish appropriate rules and regulations
necessary to implement this local incentive.
9. Neighborhood organizations wishing to promote civic pride
within census track 6.98 and block groups 1, 2, and 8 may be eligible for mini
grants: The maximum grant per neighborhood organization will be $500 per fiscal
year. The maximum amount the City will appropriate for this local incentive is
564
$1,000 per fiscal year, and no more than a total of $5,000 over a five year period. The
period of availability for this local incentive will be July 1, 1996, through June 30,
2001, at which time this local incentive will end. The City Manager shall establish
appropriate rules and regulations necessary to implement this local incentive.
10. In order to advance the public health, safety, and welfare, and to
improve property values, the City Manager may authorize the payment of sewer
hookups for certain properties in census track 6.98, block groups 1, 2, and 8. The
maximum amount the City will appropriate for sewer hookups for this local incentive
program is $5,800 per fiscal year and no more than a total of $29,000 over a five year
period. The period of availability for this local incentive will be July 1, 1996, to
June 30, 2001, at which time this local incentive will end. The City Manager shall
establish appropriate rules'and regulations necessary to implement this local
incentive.
11. 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 July 1, 1996.
ATTEST: ,~
Mary F. Parker
APPROVED
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33020-070196.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
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 1996-97 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
A_D_oro_=riations
Community Development
HOME Investment Partnership FY92 (1-4) ............
HOME Investment Partnership FY93 (5-6) ............
HOME Investment Partnership FY94 (7-10) ...........
HOME Investment Partnership FY95 (11-20) ..........
HOME Investment Partnership FY96 (21-27) ..........
$ 3,111,000.00
756,000.00
498,000.00
605,000.00
651,000.00
601,000.00
Revenue
Community Development $ 3,111,000.00
HOME Investment Partnership FY96 (28) .............. 601,000.00
1) Unprogrammed
HOME
2) DHD HOME Security
Deposits
3) RRHA Consolidated
Rehabilitation
Loans
4) RRHA Downpayment/
Closing Costs
5) RRHA Rental
Rehabilitation
6) RRHA Consolidated
Rehabilitation
Loans
7) Administration-OGC
8) RRHA Consolidated
Rehabilitation
Loans
9) Unprogrammed
HOME
10) Habitat Perry Park
Phase II
11) Administration-
CHDO
12) NNEO 803~809
Gilmer Phase II
Operating Funds
13) CHDOs
14) NNEO 803~809
Gilmer Phase II
(035-052-5300-5320)
(035-052-5300-5318)
(035-052-5300-5240)
(035-052-5300 -5240)
(035-052-5301-5236)
(035-052-5301-5333)
(035-052-5302-5303)
(035-052-5302-5333)
(035-052-5302-5320)
(035-052-5302-5319)
(035-052-5303-5234)
(035-052-5303-5241)
(035-052-5303-5238)
(035-052-5303-5272)
$(8,855.00)
5,000.00
3,323.00
532.O0
(27,323.00)
27,323.00
(30,754.00)
30,754.00
(21,750.00)
21,750.00
(25,000.00)
25,000.00
(75,000.00)
75,000.00
565
566
15) Unprogrammed
HOME (035-052-5303-5320)
16) RRHA Downpayment/
Closing Costs
17) Habitat Perry Park
Phase II
18) DSS Emergency
Assistance
19) RRHA Owner-
Occupied
Rehabilitation (035-052-5303-5235)
20) RRHA Consolidated
Rehabilitation
Loans (035-052-5303-5333)
21) Administration -
RRHA (035-052-5304-5239)
22) Administration-OGC (035-052-5304-5303)
23) Administration -
Unprogrammed
24) RRHA Consolidated
Rehabilitation
Loans
25) Habitat Perry Park
Phase II
26) Operating Reserve-
CHDO
27) Projects Reserve-
CHDO
28) HOME Revenue
FY96-97
(035-052-5303-5240)
(035-052-5303-5319)
(035-052-5303-5317)
(035-052-5304-5321)
(035-052-5304-5333)
(035-052-5304-53t9)
(035-052-5304-5334)
(035-052-5304-5340)
(035-035-1234-7218)
(129,700.00)
62,706.00
66,994.00
(8,000.00)
(25,000.00)
33,000.00
31,609.00
3,671.00
24,820.00
420,700.00
25,305.00
4,745.00
90,150.00
601,000.00
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 1st day of July, 1996.
No. 33021-070196.
567
A RESOLUTION accepting the Fiscal Year 1996-97 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 1996-97 funds for the HOME Investment
Partnerships Program are hereby ACCEPTED.
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 July 1, 1996.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33022-070196.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
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.
568
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1996-97 Grant Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
ADoro_oriations
Community Development Block Grant FY94 (1-25) ...... $ 2,882,889.00
Community Development Block Grant FY95 (26-35) ..... 3,612,571.00
Community Development Block Grant FY96 (36-160) .... 2,399,000.00
Revenue
Community Development Block Grant FY96 (161-171)... $ 2,399,000.00
1) Unprogrammed CDBG-
Other
2) Deanwood
3) Economic
Investment Fund
4) Property
Maintenance
5) Small Business
Incubator
6) Unprogrammed CDBG-
RRHA
7) Deanwood
8) Gainsboro
Professional Park
9) Gainsboro Plan
10) Small Business
Incubator
11) Gainsboro Curb
and Sidewalk
12) Stabilize Old
First Baptist
13) Gainsboro
Enhancement
Rehabilitation
14) First Street
(Henry Street)
15) Henry Street-City
16) L/M Housing
Downpayment
Assistance
(035-094-9440-5189)
(035-094-9430-5020)
(035-094-9430-5136)
(035-094-9420-5352)
(035-094-9430-5092)
(035-094-9440-5197)
(035-094-9430-5020)
(035-094-9430-5011)
(035-094-9437-5353)
(035-094-9430-5092)
( 035-094-9437-5019 )
(035-094-9437-5215)
(035-094-9420-5109)
(035-094-9430-5144)
(035-094-9430-5156)
(035-094-9420-5216)
$(109,533.00)
6,431.00
100,000.00
3,084.00
18.00
(106,279.00)
24,036.00
35,590.00
40,000.00
6,653.00
(8,000.00)
(37,825.00)
(7,664.00)
(2,322.00)
(462.00)
(5,ooo.oo)
17) Unprogrammed CDBG-
Other (035-094-9440-5189)
18) West End Sidewalks (035-094-9437-5023)
19) Belmont Fire
20) Hotel Roanoke
Training
21) ICMA Retirement
22) Gainsboro
Professional Park
23) West End Center
24) Henry Street
Revitalization
25) Property
Maintenance
(035-094-9437-5162)
(035-094-9438-5056)
(035-094-9415-1115)
(035-094-9430-5011)
(035-094-9437-5024)
(035-094-9437-5151 )
(035-094-9420-5352)
26) Unprogrammed CDBG-
Other
27) Shaffere Crossing
28) Deanwood
29) Contingency
30) Infill Design
31) Acquisition Infill
32) Self Help Manual
33) Program
Development
34) West End Center
35) Property
Maintenance
36) General
Administration
37) Gainsboro
Professional
Park Support
(035-095-9540-5189)
(035-095-9530-5145)
(035-095-9530-5020)
(035-095-9540-5300)
(035-095-9537-5080)
(035-095-9537-5093)
(035-095-9525-5196)
(035-095-9515-5096)
(035-095-9537-5024)
(035-095-9520-5352)
(035-097-9710-5035)
(035-097-9710-5007)
38) Deanwood Support (035-097-9710-5001)
39) Henry Street
Support (035-097-9710-5046)
40) Shaffere Crossing
Support (035-097-9710-5047)
41) Gainsboro Land
Use Plan (035-097-9710-5016)
42) Consolidated
Rehabilitation
Program Support-
CDBG (035-097-9710-5042)
$ (11,243.00)
(2,091.00)
(737.00)
(598.00)
(1,189.00)
65,216.00
10,652.00
74.00
1,189.00
(103,185.00)
56,514.00
46,671.00
(42,748.00)
(5,ooo.oo)
(lO,OOO.OO)
(4,000.00)
(1,727.00)
57,748.00
5,727.00
34,574.00
20,000.00
6,000.00
9,500.00
5,000.00
7,000.00
28,378.00
569
570
43) Consolidated
Rehabilitation
Program Support-
HOME
44) Operation
Paintbrush
Support
45) Quick Response
to Emergencies
Support
46) Critical
Assistance to the
Elderly Support
47) Enterprise Zone
Rehabilitation
Support
48) Historic Gainsboro
Rehabilitation
Support
49) Downpayment
Closing Support-
HOME
50) Gainsboro Lot
Acquisition
Support- HOME
51) Regular Employee
Salaries
52) Temporary Wages
53) ICMA Retirement
54) FICA
55) Hospitalization
Insurance
56) Dental Insurance
57) Life Insurance
58) Fees for
Professional
Services
59) Advertising
60) Telephone
61) Administrative
Supplies
62) Expendable
Equipment
< $1,000
(035-097-9710-5070)
(035-097-9710-5048)
(035-097-9710-5076)
(035-097-9710-5002)
(035-097-9710-5040)
(035-097-9710-5041)
(035-097-9710-5331)
(035-097-9710-5332)
(035-097-9715-1002)
(035-097-9715-1004)
(035-097-9715-1115)
(035-097-9715-1120)
(035-097-9715-1125)
(035-097-9715-1126)
(035-097-9715-1130)
(035-097-9715-2010)
(035-097-9715-2015)
(035-097-9715-2020)
(035-097-9715-2030)
(035-097-9715-2035)
$ 100,000.00
9,500.00
10,500.00
24,500.00
37,000.00
37,000.00
31,500.00
15,000.00
147,382.00
2,000.00
14,781.00
12,971.00
6,816.00
549.00
575.00
6,000.00
2,000.00
4,000.00
3,750.00
500.00
63) Publications and
Subscriptions
64) Training and
Development
65) Printing
66) Postage
67) Equipment Rental
68) Other Rentals
69) Program
Development
70) Management
Services
71) Fleet Rental
72) Regular Employee
Salaries
73) ICMA Retirement
74) FICA
75) Hospitalization
Insurance
76) Dental Insurance
77) Life Insurance
78) Telephone
79) Administrative
Supplies
80) Expendable
Equipment
< $1,000
81) Training and
Development
82) Management
Services
83) Critical
Assistance for
the Elderly
84) Vacant Lot
Homesteading
85) Demolition
86) Quick Response
to Emergency
87) Consolidated
Rehabilitation
88) Regular Employee
Salaries
89) ICMA Retirement
(035-097-9715-2040)
(035-097-9715-2044)
(035-097-9715-2075)
(035-097-9715-2160)
(035-097-9715-3070)
(035-097-9715-3075)
(035-097-9715-5096)
(035-097-9715-7015)
(035-097-9715-7027)
(035-097-9718-1002)
(035-097-9718-1115)
(035-097-9718-1120)
(035-097-9718-1125)
(035-097-9718-1126)
(035-097-9718-1130)
(035-097-9718-2020)
(035-097-9718-2030)
(035-097-9718-2035)
(035-097-9718-2044)
(035-097-9718-7015)
(035-097-9720-5003)
(035-097-9720-5104)
(035-097-9720-5108)
(035-097-9720-5203)
(035-097-9720-5112)
(035-097-9722-1002)
(035-097-9722-1115)
1,500.00
3,500.00
500.00
1,500.00
2,650.00
13,022.00
1,500.00
1,500.00
500.00
33,269.00
2,994.0O
2,545.00
2,130.00
138.00
116.00
1,000.00
500.00
531.00
1,000.00
500.00
90,000.00
20,000.00
100,000.00
40,000.00
80,000.00
91,653.00
8,249.00
571
572
90) FICA
9t) Hospitalization '
Insurance
92) Dental Insurance
93) Life Insurance
94) Telephone
95) Administrative
Supplies
96) Motor Fuels and
Lubricants
97) Training and
Development
98) Fleet Maintenance
99) Fleet Rental
100) Furniture and
Equipment
> $1,000
101) Regular Employee
Salaries
102) Overtime Wages
t03) Temporary
Employee Wages
104) ICMA Retirement
105) FICA
106) Hospitalization
Insurance
107) Dental Insurance
108) Life Insurance
109) Maintenance
Contracts
110) Fees for
Professional
Services
111) Telephone
112) Administrative
Supplies
113) Expendable
Equipment
< $1,000
114) Training and
Development
115) Local Travel
(035-097-9722-1120) $
(035-097-9722-1125)
(035-097-9722-1126)
(035-097-9722-1130)
(035-097-9722-2020)
(035-097-9722-2030)
(035-097-9722-2038)
(035-097-9722-2044)
(035-097-9722-7025)
(035-097-9722-7027)
(035-097-9722-9005)
(035-097-9726-1002)
(035-097-9725-1003)
(035-097-9725-1004)
(035-097-9725-1115)
(035-097-9725-1120)
(035-097-9725-1125)
(035-097-9725-1126)
(035-097-9725-1130)
(035-097-9725-2005)
(035-097-9725-2010)
(035-097-9725-2020)
(035-097-9725-2030)
(035-097-9725-2035)
(035-097-9725-2044)
(036-097-9725-2046)
7,011.00
6,390.00
412.00
321.00
600.00
1,000.00
1,000.00
729.00
1,000.00
5,000.00
8,635.00
59,976.00
1,000.00
1,000.00
5,398.00
4,588.00
2,316.00
110.00
210.00
200.00
500.00
1,000.00
4,000.00
500.00
3,200.00
800.00
116) Travel and
Education -
Citizens
117) City Information
Services
118) Postage
119) Management
Services
120) Fleet Rental
121) Neighborhood
Training
t22) Neighborhood
Plan
123) Neighborhood
Business
Development
124) Hotel Roanoke
t08 Repayment
t25) Small Business
Incubator
126) Business
Training
Initiative
127) Economic
Investment Fund
128) Enterprise II
Plan
129) Temporary Wages
130) FICA
131) Special Projects
132) Temporary Wages
133) FICA
134) Training and
Development
135) Supplies
136) Day Care -
Social Services
137) Resource Mothers-
Health
Department
138) Operation
Paintbrush
139) Mini Grants
(035-097-9725-5124)
(035-097 -9725-7005)
(035-097-9725-2160)
(035-097-9725-7015)
(035-097-9725-7027)
(035-097-9725-5147)
(035-097-9725-5142)
(035-097-9730-5021)
(035-097-9730-5135)
(035-097-9730-5092)
(035-097-9730-5132)
(035-097-9730-5136)
(035-097-9730-5129)
(035-097-9732-1004)
(035-097-9732-1120)
(035-097-9732-2034)
(035-097-9736-1004)
(035-097-9736-1120)
(035-097-9736-2044)
(035-097-9736-2030)
(035-097-9736-5141)
(035-097-9736-5222)
(035-097-9737-5102)
(035-097-9737-5122)
2,899.00
500.00
1,500.00
1,500.00
2O0.0O
500.00
5,000.00
20,000.00
556,122.00
23,329.00
30,000.00
50,000.00
15,000.00
22,000.00
2,000.00
7,500.00
14,872.00
1,138.00
140.00
1,350.00
2,500.00
21,700.00
36,881.00
7,000.00
573
574
140) Henry Street
Improvements
141 ) Downtown
Facade Grants
142) Graffiti
Abatement
143) Opportunity
Knocks
144) Emergency
Assistance Fund
145) Operation
Bootstrap
146) TAP Customized
Job Training
147) YMCA Youth
Achievers
Outreach
148) Teen Outreach
Program
149) Empowering
Individuals with
Disabilities
150) Expanding
Horizons
151) Volunteer
Leadership Camp
152) YWCA Youth Club
153) Project HOPE
154) Youth Clubs
155) Business Training
Initiative
156) Adult Care Center
157) Scouting Early
Leads
158) Drug and Alcohol
Abuse Council
159) Contingency Fund
160) Indirect Costs
161) CDBG Entitlement
162) Parking Lot
Income - RRHA
163) Other Program
Income - RRHA
164) Cooper Industries
(035-097-9737-5151)
(035-097-9737-5201)
(035-097-9737-5273)
(035-097-9738-5098)
(035-097-9738-5158)
(035-097-9738-5212)
(035-097-9738-5218)
(035-097-9738-5351)
(035-097-9738-5054)
(035-097-9738-5057)
(035-097-9738-5084)
(035-097-9738-5086)
(035-097-9738-5350)
(035-097-9738-5088)
(035-097-9738-5262)
(035-097-9738-5263)
(035-097-9738-5264)
(035-097-9738-5269)
(035-097-9739-5209)
(035-097-9740-5300)
(035 -097 -9740 -5154)
(035-035-1234-9701 )
(035-036-1234-9702)
(035-035-1234-9703)
(035-035-1234-9706)
$ 4,470.00
15,000.00
3,000.00
15,618.00
52,000.00
8,466.00
25,500.00
15,000.00
1,500.00
26,600.00
24,000.00
9,275.00
12,600.00
20,000.00
3,000.00
19,941.00
2,400.00
9,500.00
5,000.00
65,800.00
42,230.00
2,162,000.00
36,000.00
46,287.00
13,333.00
575
165) Parking Lot
Income -
Williamson Road
166) Loan Repayment-
NNEO-810 Loudon
t67) Loan Repayment-
Trompeter
Brother L.C.
168) Loan Repayment-
SRO
169) Home Ownership
Assistance
170) Loan Repayment-
Lagniappe L.L.C.
171) Loan Repayment -
K.D.L.
Investments
L.L.C.
(035.035-1234-9707)
(035-035-1234-9709)
(035-035-1234-9716)
(035-035-1234-9720)
(035-035-1234-9722)
(035-035-t 234-9731 )
(035-035-1234-9732)
90,000.00
2,196.00
6,000.00
6,600.00
20,000.00
7,620.00
9,964.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary ~.-I~arker
APPROVED
City Clerk Mayor
~mmmmmmmmmmm~mm
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33023-070196.
A RESOLUTION accepting the Fiscal Year 1996-97 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 1996-97 funds for the Community Development
Block Grant Program are hereby ACCEPTED.
576
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 July 1, 1996.
ATTEST: ~, ,~~
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33024-070196.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
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 1996-97 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ApDropriations
Public Works $19,873,109.00
Engineering (1-2) ................................ 1,371,278.00
Fund Balance
Capital Maintenance and Equipment Replacement
Program - City Unappropriated (3) .................. $ 1,551,327.00
1) Temporary
Employee Wages
2) Other
Equipment
(001-052-4310-1004)
(001-052-4310-9015)
41,000.00
6,110.00
577
3) CMERP - City
Unappropriated
(001-3323)
$ (47,1 lO.OO)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
ATTEST:
Mary F. P~ar er
City Clerk
APPROVED
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33025-070196.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
General, Capital Projects, and City Information Systems Fund Appropriations, and
providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1996-97 General, Capital Projects, and City Information
Systems Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
General Fund
Appropriations
Public Works $ 21,840,294.00
Communications (1) ............................ 2,014,295.00
Nondepartmental $ 53,894,957.00
Transfers to Other Funds (2-3) .................... 53,752,106.00
580
3) FICA (001-054-5313-1120) $ 1,673.00
4) Hospitalization
Insurance (001-054-5313-1125) 1,704.00
5) Dental
Insurance (001-054-5313-1126) 110.00
6) Life Insurance (001-054-5313-1130) 77.00
7) General
Ad mi n istration (001-020-1234-0676) 28,166.00
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 1st day of July, 1996.
No. 33027-070196.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
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 1996-97 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Health and Welfare
Social Services - Services (1-2) ....................
$19,985,141.00
6,120,331.00
579
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
'-David A. Bowers Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33026-070196.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
General Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government
of the City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that certain sections of the 1996-97 General Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ApDro_r)riaticn$
Health and Welfare $19,939,896.00
Social Services - Income Maintenance (1-6) .......... 4,151,380.00
Revenue
Grant-in-Aid Commonwealth $ 33,868,599.00
Welfare (7) ...................................... 13,250,065.00
1) Regular
Employee
Salaries
2) City
Retirement
(001-054-5313-1002)
(001-054-5313-1105)
$ 21,868.00
2,734.00
578
Capital Pro_iects Fund
AoDroDriations
Other Infrastructure $ 6,076,534.00
Telephone Purchases (4) ......................... 80,000.00
City Informaticn Systems Fund
Appro_oriations
Capital Outlay
CAD and Mobile Data Terminal Equipment (5) ........
$1,217,252.00
110,829.00
Operating
Contractual Services (6) ..........................
$ 2,002,190.00
255,208.00
Revenue
Non-Operating (7) ................................ $ 182,692.00
1) Maintenance -
Equipment
2) Transfer to
Capital
Projects Fund
3) Transfer to City
Information
Systems
4) Appropriated
from General
Revenue
5) Appropriated
from General
Revenue
6) Maintenance
Contracts
7) Transfer from
General Fund
(001-050-4130-2048)
(001-004-9310-9508)
(001-004-9310-9513)
(008-050-9613-9003)
(013-052-9807-9003)
(013-052-1601-2005)
(013-020-1234-1037)
$ 30,000.00
(207,692.00)
177,692.00
80,000.00
110,829.00
66,863.00
177,692.00
Revenue
581
Grant-in-Aid Commonwealth $ 33,913,844.00
Welfare (3) ...................................... 13,295,310.00
1) Purchased
Services
2) Emergency
Relief
3) Other
Purchased
Services
(001-054-5410-3610)
(001-054-5414-3145)
(00t-020-t234-0683)
$ 50,272.00
(5,027.00)
45,245.00
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from its passage.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33028-070196.
A RESOLUTION rejecting all bids for the Biological Aerated Filter
Treatment System for the expansion and upgrade of the Water Pollution Control
Plant Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. All bids received by the City for the Biological Aerated Filter
Treatment System for the expansion and upgrade of the Water Pollution Control
Plant Project, are hereby REJECTED.
2. The City Clerk is directed to notify all bidders and to express to
each the City's appreciation for said bids.
582
3. The City Manager is authorized to make any changes in the scope
of the project or the procurement documents deemed advisable and to cause the
revised project to be readvertised for bids.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33030-070196.
AN ORDINANCE auth. orizing the appropriate City officials to enter into an
amendment to the lease agreement between the City and Quantum Medical
Business Services, Inc., for certain furnished office space located in the Municipal
South Building at 215 Church Avenue, S. W., 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 City Clerk are hereby authorized to execute
and attest, respectively, on behalf of the City, in form approved by the City Attorney,
an amendment to the lease agreement dated July 13, 1995, with Quantum Medical
Business Services, Inc., to provide for the extension of the term of the lease for the
office space used by the billing clerk handling City accounts to October 31, 1996, as
set forth in the Water Resources Committee report to this Council dated July 1, 1996.
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:
City Clerk
APPROVED
David A. Bowers
Mayor
583
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33031-070196.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
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 ceYtain sections of the 1996-97 Water Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
ApDroDriati(~n$
Capital Outlay
Snead Road and Ray Road Waterline (1) .............
Retained Earnings
$ 24,962,473.00
1,000.00
Retained Earnings - Unrestricted (2) ................. 25,777,251.00
1) Appropriated from
General Revenue
2) Retained
Earnings -
Unrestricted
(002-056-8350-9003) $ 1,000.00
(002-3336)
(1,ooo.oo)
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
584
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of July, 1996.
No. 33032-070196.
AN ORDINANCE providing for the acquisition of property rights needed
by the City for the construction of the Snead Road and Ray Road Waterline 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; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the construction of the Snead Road and Ray Road Waterline
Project, the City wants and needs certain permanent easements, and rights of
ingress and egress, as more specifically set forth in the report and Attachment "A"
thereto, to this Council dated July 1, 1996, 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 permanent easements, and appropriate ancillary rights with respect
to the parcels, for such consideration as the City Manager may deem appropriate,
subject to the limitation set out below and subject to applicable statutory guidelines.
All requisite documents shall be upon form approved by the City Attorney.
2. The City Manager is directed to offer on behalf of the City to the
owners of each of the aforesaid parcels, such consideration as he deems
appropriate for the necessary interests, provided, however, the total consideration
offered or expended, as well as title searches, appraisals and recordation costs,
shall not exceed $1,000.00 without further authorization of Council. Upon the
acceptance of any offer and upon delivery to the City of a deed, approved as to form
and execution by the City Attorney, the Director of Finance is directed to pay the
respective consideration to the owners of the interest conveyed, certified by the City
Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any real
estate 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
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.
585
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.
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 1st day of July, 1996.
No. 33033-070196.
AN ORDINANCE authorizing the proper City officials to enter into an
agreement, on behalf of the City, with the Norfolk and Western Railway Company to
allow the City to remove, replace, install, maintain, and operate a sanitary sewer
pipeline across property owned by the railroad; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistant City Manager and the City
Clerk are hereby authorized,~ on behalf of the City, to execute and attest,
respectively, an agreement in the amount of $200.00 with Norfolk and Western
Railway Company to allow the City to remove, install, maintain, and operate a
sanitary sewer pipeline across property owned by the railroad. Such agreement 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 of the Water Resources Committee dated July 1,
1996. The form of the agreement shall be approved by the City Attorney.
586
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