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HomeMy WebLinkAbout30617-72291thru 31062-0615921 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30617-72291. AN ORDINANCE amending §36.1-25, Definitions, and S36.1-271, Special exception uses, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (3), such amendment and addition relating to animal shelters and special exception uses in the HM, Heavy Manufacturing District, respectively. BE IT ORDAINED by the Council of the City of Roanoke that S36.1-25, Definitions, and ~36.1-271, Special exception uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (3), such amendment and addition relating to animal shelters and special exception uses in the HM, Heavy Manufacturing District, be and are hereby amended and reordained as follows: §36.1-25. Definitions. For the purpose of this chapter certain terms and words used herein shall be defined as follows: Animal shelter: A use in which the principal activity is the temporary housing of domestic animals which are stray, abandoned, abused, neglected, or place there for adoption or disposal of in a manner regulated by the Virginia Comprehensive Animal Laws. §36.1-271. Special exception uses. The following uses may be permitted in the HM district by special exception granted by the board of zoning appeals, subject to the requirements of this section: (3) Animal shelter. APPROVED ATTE ST:~~ City Clerk Mayor THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30618-72291. AN ORDINANCE permanently, vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the Trustees of the First Baptist Church have filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, 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; WHEREAS, a public hearing was held on said application by the City Council on July 8, 1991, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of- way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Marshall Avenue, S. W., extending westerly approximately 750 feet from its intersection with Franklin Road, S. W. to its intersection with an extension of the easterly line of 4th Street, S. W. be, and it hereby is, 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 any public utility, 3 including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone 3 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 providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of Marshall Avenue, and providing for all necessary easements for utilities, both public and private, and in the event this condition has not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within one (1) year 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 or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER 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 Trustees of the First Baptist Church, and the names of any other parties'in interest who may so request, as Grantees. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30622-72291. AN ORDINANCE releasing a portion of Strauss Park from its dedication to public park and recreational use. WHEREAS, by Ordinance No. 16941, adopted April 4, 1966, City Council dedicated 25.68 acres of City owned property known as Strauss Park to public park and recreational use: WHEREAS, the westerly half of Strauss Park consisting of 14.773 acres of steeply sloping land has not been used for public park or recreational purposes, and it is not anticipated that such property will be needed in the future for such uses; WHEREAS, City Council has previously approved an alignment for the Peters Creek Road Extension Project, such alignment being more particularly described in the attachment to the City Manager's report dated July 8, 1991, and such alignment would cause the proposed highway to pass through the 14.773 acres of Strauss Park described in the preceding paragraph; and WHEREAS, it is the intent of City Council to permit use of a portion of the westerly 14.773 acres for public highway construction~ purposes which use advances the public health, welfare, safety and convenience to a greater degree than continued use of such property for public park and recreational uses; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. With respect to the 3.8 acres of Strauss Park included within the westerly 14.773, which 3.8 acres are needed for construction of the Peters Creek Road Extension Project, and which 3.8 acres are more particularly described in the City Manager's report, dated July 8, 1991, Council declares that such real property is not necessary or desirable for public park or recreational use and that it is in the public interest that such property should be used for highway construction purposes. Council, therefore, releases the dedication of such property to public park and recreational uses imposed by Ordinance No. 16941, adopted April 4, 1966, declares such property surplus to the City's needs for public park or recreational purposes and concurs in and authorizes the use of such 3.8 acres of real property for highway construction purposes. 2. Council further concurs in and authorizes the temporary--~ use of a portion of the westerly 14.773 acres of Strauss Park, such portion being more particularly described in the City Manager's report of July 8, 1991, for temporary construction purposes with respect to construction of the Peters Creek Road Extension Project, such portion utilized for temporary construction purposes to revert to public park and recreational use upon the completion of such highway construction. A P P R O V E D City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30626-72291. AN ORDINANCE authorizing the lease of certain city-owned property to Paul Umbarger 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 approve by the City Attorney, an appropriate lease agreement with Paul Umbarger of an approximate 140 acre portion of the Roanoke Centre for Industry and Technology at lease fee of $20.00 per acre per year for a five year term with Lessee agreeing to comply with all applicable regulations and to provide appropriate indemnification and insurance coverage and such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated July 8, 1991. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30627-72291. AN ORDINANCE authorizing the lease of certain city-owned property to the State Department of Health upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest respectively, in form approved by the City Attorney, an appropriate lease agreement with the State Department of Health for the Health Center Building on the southwest corner of Campbell Avenue, S. W. and Eighth Street, S. W. for a five year term at a rental rate of $45,000.00 per year and upon such other terms and conditions as are deemed appropriate and as more particularly set for in the report to this Council dated July 8, 1991. ATTEST: City Clerk A P P ROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30628-72291. AN ORDINANCE authorizing the lease of certain city-owned property to Blue Cross and Blue Shield of Virginia upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest respectively, in form approved by the City Attorney, an appropriate lease agreement with Blue Cross and Blue Shield of Virginia for placement of a 4'x4'x4' cube on the northwest corner of Key plaza approximately 15 feet from the right-of-way of South Jefferson Street--- and approximately 10 feet from the right-of-way of Franklin Road, S. E. ~ on a month-to-month agreement at no charge with Lessee agreeing to comply with all applicable regulations and to provide appropriate 7 indemnification and insurance coverage and as more particularly set forth in the report to this Council dated July 8, 1991. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of July, 1991. No. 30629-72291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant and General Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant and General Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Grant Fund Appropriations Education $19,780,757.00 Adult Basic Education 91-92 (1-15) ..................... 146,947.00 Marketing Education Regional Coordinator 91-92 (16-22) ........................................ 47,199.00 GED Testing 91-92 (23-24) .............................. 9,150.00 Project Yes 91-92 (25-35) .............................. 266,248.00 Revenue Education $19,780,757.00 Adult Basic Education 91-92 (36-38) .................... 146,947.00 Marketing Education Regional Coordinator 91-92 (39) .... 47,199.00 GED Testing 91-92 (40) ................................. 9,150.00 Project Yes 91-92 (41) ................................. 266,248.00 8 General Fund Appropriations Education $64,300,458.00 Instruction (42) ..................................... 48,417,485.00 Other Uses of Funds (43) ............................. 618,320.00 1) Teachers (035-060-6747-6450-0121) $ 66,031.00 2) Counselor (035-060-6747-6450-0123) 4,276.00 3) Teachers Aides (035-060-6747-6450-0141) 4,170.00 4) Social Security (035-060-6747-6450-0201) 6,829.00 5) State Retire- ment (035-060-6747-6450-0202) 6,006.00 6) Health Ins. (035-060-6747-6450-0128) 1,903.00 7) State Group Life Insurance (035-060-6747-6450-0205) 380.00 8) Instructors Fees - Jail (035-060-6747-6450-0313) 26,922.00 9) Clerical (035-060-6747-6550-0151) 16,830.00 10) Social Security (035-060-6747-6550-0201) 1,287.00 11) State Group Life Insurance (035-060-6747-6550-0202) 2,821.00 12) Health Ins. (035-060-6747-6550-0128) 1,903.00 13) State Group Life Insurance (035-060-6747-6550-0205) 180.00 14) Travel (035-060-6747-6550-0551) 3,000.00 15) Instructional Supplies (035-060-6747-6550-0614) 4,409.00 16) Coordinator (035-060-6748-6333-0124) 31,959.00 17) Social Security (035-060-6748-6333-0201) 3,639.00 18) State Retire- ment (035-060-6748-6333-0202) 5,356.00 19) Health Ins. (035-060-6748-6333-0128) 1,903.00 20) State Group Life Insurance (035-060-6748-6333-0205) 342.00 21) Local Travel (035-060-6748-6333-0551) 3,500.00 22) Conference Travel (035-060-6748-6333-0554) 500.00 23) GED Examiners (035-060-6749-6550-0121) 8,500.00 24) Social Security (035-060-6749-6550-0201) 650.00 25) Guidance Counselors (035-060-6979-6315-0123) 132,690.00 26) Instructional Aides (035-060-6979-6315-0141) 48,323.00 27) Inservice Training (035-060-6979-6315-0129) 3,500.00 28) Social Security (035-060-6979-6315-0201) 14,115.00 29) State Retire- ment (035-060-6979-6315-0202) 28,210.00 30) Health Ins. (035-060-6979-6315-0128) 22,836.00 31) State Group Life Insurance (035-060-6979-6315-0205) 1,800.00 32) Tuition- Private School 33) Travel 34) Field Trips 35) Instructional Materials 36) Local Match 37) Federal Grant Receipts 38) Fees 39) State Grant Receipts 40) Fees 41) State Grant Receipts 42) Matching Funds 43) Transfers to Grant Fund (035-060-6979-6315-0312) $ (035-060-6979-6315-0551) (035-060-6979-6315-0583) (035-060-6979-6315-0614) (035-060-6747-1101) (035-060-6747-1102) (035-060-6747-1103) (035-060-6748-1100) (035-060-6749-1103) (035-060-6979-1100) (001-060-6001-6450-0588) (001-060-6005-6999-0911) 2,138.00 4,500.00 4,500.00 3,636.00 22,600.00 121,599.00 2,748.00 47,199.00 9,150.00 266,248.00 (22,600.00) 22,600.00 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. City Clerk this APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30630-72291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 10 Appropriations Parks, Recreation and Cultural Challenge Grant (1) .................................... 71,382.00 2,400.00 Revenue Parks, Recreational and Cultural $ Challenge Grant (2) .................................... 1) Subsidies (035-054-8726-3700) $ 2,400.00 2) State Grant Revenue (035-035-1234-7095) 2,400.00 BE IT FURTHER ORDAINED that, an emergency existing, ordinance shall be in effect from its passage. 71,382.00 2,400.00 this ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30631-72291. A RESOLUTION authorizing the acceptance of a grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or his designee, is authorized to accept a grant from the Virginia Commission for the Arts in the amount of $2,400.00 to be used for those purposes identified in the report of the City Manager to Council dated July 8, 1991; and authorizing the City Manager or his designee to execute the requisite grant documents in order to accept said grant on behalf of the City. City Clerk APPROVED Mayor 11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30632-72291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $13,965,421.00 State and Local Hospitalization (1) .................. City Health Department (2) ........................... 1) Fees for Prof. Services 2) School Health Nurse (001-054-5330-2010) (001-054-5110-2017) $(22,223.00) 22,223.00 89,219.00 1,045,278.00 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk this Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30633-72291. A RESOLUTION authorizing the execution of an agreement by and between the City, the Governor's Employment and Training Department, the Fifth District Employment and Training Consortium, and the Fifth District Employment and Training Consortium's Private Industry Council. 12 BE IT RESOLVED by the Council of the City of Roanoke that the~ City Manager is authorized to execute an agreement date July 1. 1991, by and between the City, the Governor's Employment and Training Department, the Fifth District Employment and Training Consortium, and the Fifth District Employment and Training Consortium's Private Industry Council, which agreement relates to the respective responsibilities and liabilities of the parties thereto with regard to the implementation of certain programs, such agreement to be in substantially such form as set forth in the City Manager's report of July 22, 1991; such agreement to be approved as to form by the City Attorney prior to its execution. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of July, 1991. No. 30635-72291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Grant Funds Appropriations, and providing for emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ...................... Community Development Community Planning (2) ............................ $11,983,216.00 10,613,819.00 804,316.00 363,937.00 13 Grant Fund Appropriations Health and Welfare Youth Services Grant 91-I-15 (3-5) ................ 538,197.00 48,575.00 Revenue Health and Welfare Youth Services Grant 91-I-15 (6-7) ................ 538,197.00 48,575.00 1) Transfer to Grant Fund 2) Local Match 3) Regular Employee Salaries 4) Local Mileage 5) Administrative Supplies 6) State Grant Revenue 7) Local Match (001-004-9310-9535) (001-052-8110-9536) (035-052-8829-1002) (035-052-8829-2046) (035-052-8829-2030) (035-035-1234-7097) (035-035-1234-7098) 10,008.00 (10,008.00) 40,789.00 1,400.00 6,386.00 38,567.00 10,008.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P PRO V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30636-72291. A RESOLUTION authorizing the acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Youth and Family Services, and authorizing the acceptance, execution and filing of the "Special Conditions for Delinquency Prevention and Youth Development Act Grant Awards" with the Department of Youth and Family Services for this grant. BE IT RESOLVED by the Council of the City of Roanoke that: 14 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Youth and Family Services of a-- Youth Development Act Grant (Grant No. 91-I-15) for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1992, in an amount and subject to such terms as are described in the report to Council from the City Manager dated July 22, 1991. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, Earl B. Reynolds, Jr., is hereby authorized to accept, execute and file on behalf of the City of Roanoke the "Special Conditions for Delinquency Prevention and Youth Development Act Grant Awards" with the Department of Youth and Family Services, and to furnish such additional information as may be required by the Department of Youth and Family Services, for the aforementioned grant. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30637-72291. A RESOLUTION cancelling the purchase order issued to Piper Casepro to provide 3,000 recycling binds for the amount of $12,600.00, and authorizing the issuance of a new purchase order to Zarn, Inc., for a total amount of $13,290.00. BE IT RESOLVED by the Council of the City of Roanoke that: 1. In accordance with the recommendation set forth in the report of the City Manager to this Council dated July 22, 1991, the purchase order issued to Piper Casepro in the amount of $12,600.00 for 3,000 recycling binds is hereby CANCELLED, reserving unto the City all rights, claims and causes of action against Piper Casepro, and a new purchase order to Zarn, Inc., the next lowest responsible bidder, for a total amount of $13,290.00, shall be issued. 2. 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, any documents which may be necessary to 15 effectuate the cancellation of the purchase order issued to Piper Casepro and the issuance of a new purchase order to Zarn, Inc., such documents to be in such form as approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of July, 1991. No. 30638-72291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government (1-53) ....................... $ 8,672,365.00 Judicial Administration (54-77) ................. Public Safety (78-138) .......................... Public Works (139-186) .......................... Health and Welfare (187-198) .................... Parks, Recreation and Cultural (199-211) ........ Community Development (212-222) ................. Education (223-346) ............................. 3,427,426.00 29,204,205.00 19,709,292.00 14,003,571.00 3,914,008.00 835,610.00 65,761,233.00 Fund Balance Reserve for prior year encumbrances (347) ....... $(5,410,898.00) 1) Administrative Supplies (001-001-1110-2030) $ 29.00 2) Gratuities (001-001-1110-2155) 2,174.00 3) Administrative Supplies (001-001-1120-2030) 463.00 16 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) Expendable Equipment Furniture and Equipment Administrative Supplies Expendable Equipment Employee Newsletter Furniture and Equipment Administrative Supplies Expendable Equipment Furniture and Equipment Administrative Supplies Expendable Equipment Furniture and Equipment Administrative Supplies Expendable Equipment Furniture and Equipment Administrative Supplies Expendable Equipment Furniture and Equipment Maintenance (001-001-1120-2035) (001-001-1120-9005) (001-002-1211-2030) (001-002-1211-2035) (001-002-1211-2041) (001-002-1211-9005) (001-002-1212-2030) (001-002-1212-2035) (001-002-1212-9005) (001-003-1220-2030) (001-003-1220-2035) (001-003-1220-9005) (001-004-1231-2030) (001-004-1231-2035) (001-004-1231-9005) (001-004-1232-2030) (001-004-1232-2035) (001-004-1232-9005) Contract (001-005-1240-2005) Fees for Professional (001-005-1240-2010) (001-005-1240-2030) (001-005-1240-2035) (001-010-1310-2030) (001-020-1234-2030) (001-020-1234-2035) (001-020-1234-9005) Services Administrative Supplies Expendable Equipment Administrative Supplies Administrative Supplies Expendable Equipment Furniture and Equipment 5,487.00 14,778.00 173.00 2,190.00 774.00 10,645.00 147.00 1,965.00 6,498.00 328.00 2,351.00 12,289.00 6,100.00 2,078.00 3,365.00 10,790.00 674.00 7,084.00 790.00 67,755.00 734.00 3,281.00 1,758.00 7,178.00 789.00 2,166.00 I? 3o) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) 43) 44) 45) 46) 47) 48) 49) 50) 51) 52) 53) 54) 55) 56) 57) 58) Administrative Supplies Furniture and Equipment Administrative Supplies Expendable Equipment Furniture and Equipment Administrative Supplies Expendable Equipment Administrative (001-022-1233-2030 (001-022-1233-9005 (001-023-1235-2030 (001-023-1235-2035 (001-023-1235-9005 (001-050-1237-2030 (001-050-1237-2035 Supplies (001-050-1260-2030 Fees for Professional Services (001-050-1261-2010 (001-050-1261-2030 (001-050-1261-2035 (001-050-1261-2043 Administrative Supplies Expendable Equipment Employee Programs Other Equipment (001-050-1261-9015 Fees for Professional Services (001-050-1262-2010 (001-050-1262-2030 (001-050-1262-2035 (001-050-1262-2040 (001-050-1262-2043 (001-050-1262-9005 Administrative Supplies Expendable Equipment Publications and Subscriptions Employee Programs Furniture and Equipment Other Equipment (001-050-1262-9015 Fees for Professional Services (001-052-1280-2010 (001-052-1280-2030 (001-054-1270-2030 (001-056-1250-2030 (001-024-2140-2030 (001-024-2140-2035 (001-024-2140-2048 (001-026-2210-2030 (001-026-2210-2035 Administrative Supplies Administrative Supplies Administrative Supplies Administrative Supplies Expendable Equipment Maintenance - Equipment Administrative Supplies Expendable Equipment 1,194.00 1,295.00 389.00 1,519.00 2,166.00 336.00 499.00 460.00 16,900.00 959.00 1,167.00 378.00 2,811.00 15,000.00 941.00 573.00 100.00 389.00 1,344.00 1,996.00 350.00 663.00 562.00 457.00 113.00 1,278.00 425.00 1,377.00 208.00 18 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Furniture and Equipment Administrative Supplies Expendable Equipment Maintenance - Equipment Administrative Supplies Expendable Equipment Publications and Subscriptions Furniture and Equipment Other Equipment Maintenance (001-026-2210-9005) (001-028-2111-2030) (001-028-2111-2035) (001-028-2111-2048) (001-054-2150-2030) (001-054-2150-2035) (001-054-2150-2040) (001-054-2150-9005) (001-054-2150-9015) (001-070-2120-2030 (001-070-2120-2035 Contracts (001-070-2120-2005) Fees for Professional Services (001-070-2120-2010) Administrative Supplies ) Expendable Equipment ) Publications and Subscriptions (001-070-2120-2040) Fees for Professional Services (001-072-2110-2010) (001-072-2110-2030) (001-076-2130-2035) (001-076-2130-9005) (001-078-2131-9015) (001-024-3310-2030) (001-024-3310-2035) (001-024-3310-2050) (001-024-3310-2062) (001-024-3310-2064) (001-024-3310-3005) (001-024-3310-9015) (001-050-3111-2030) (001-050-3111-2040) (001-050-3112-2030) (001-050-3112-2040) Administrative Supplies Expendable Equipment Furniture and Equipment Other Equipment Administrative Supplies Expendable Equipment Maintenance - Buildings Medical Wearing Apparel Project Supplies Other Equipment Administrative Supplies Publications and Subscriptions Administrative Supplies Publications and Subscriptions 3,496.00 9,777.00 102.00 35.00 499.00 645.00 439.00 4,563.00 1,921.00 725.00 23.00 1,497.00 294.00 888.00 74.00 662.00 79.00 693.00 1,695.00 106.00 4,342.00 397.00 524.00 4,828.00 4,130.00 57,922.00 79.00 224.00 96.00 368.00 19 89 90 92 97 98 100 101 102 103 104 106 107 108 109 110 112 116 117 118 Administrative Supplies Expendable Equipment Medical Wearing Apparel Furniture and Equipment Maintenance (001-050-3113-2030 (001-050-3113-2035 (001-050-3113-2062 (001-050-3113-2064 (001-050-3113-9005 Contracts (001-050-3114-2005 Fees for Professional Services (001-050-3114-2010 (001-050-3114-2030 (001-050-3114-2035 (001-050-3114-2040 (001-050-3114-2064 Administrative Supplies Expendable Equipment Publications and Subscriptions Wearing Apparel Administrative Supplies (001-050-3115-2030 Fees for Professional Services (001-050-3211-2010 (001-050-3211-2042 (001-050-3213-2020 (001-050-3213-2030 (001-050-3213-2035 (001-050-3213-2038 (001-050-3213-2050 (001-050-3213-2064 (001-050-3213-9015 (001-050-3521-3697 (001-050-3520-2005 (001-050-3520-2030 (001-050-3520-2035 (001-050-3520-2040 (001-050-3520-2045 (001-050-3520-2048 (001-050-3520-9005 (001-050-3520-9015 (001-050-3521-2030 Dues & Memberships Telephone Administrative Supplies Expendable Equipment Motor Fuels and Lubricants Maintenance - Buildings Wearing Apparel Other Equipment REMS Capital Equipment Maintenance Contracts Administrative Supplies Expendable Equipment Publications and Subscriptions Chemicals Maintenance - Equipment Furniture and Equipment Other Equipment Administrative Supplies $ 977.00 10,511.00 485.00 7,000.00 24,453.00 2,964.00 553.00 1,120.00 1,052.00 100.00 2,194.00 1,474.00 18,500.00 81.00 6.00 984.00 7,583.00 336.00 10,233.00 5,741.00 1,422,620.00 44,976.00 225.00 1,608.00 389.00 156.00 30.00 1,348.00 1,199.00 2,195.00 354.00 20 120) 121) 122) 123) 124) 125) 126) 127) 128) 129) 130) 131) 132) 133) 134) 135) 136) 137) 138) 139) 140) 141) 142) 143) 144) 145) 146) 147) 148) 149) 150) 151) Expendable Equipment Training and Development Furniture and Equipment Administrative Supplies Expendable (001-050-3521-2035) (001-050-3521-2044) (001-050-3521-9005) (001-050-3530-2030) Equipment (001-050-3530-2035) Fees for Professional Services (001-052-3410-2010) (001-052-3410-2030) (001-052-3410-2035) (001-052-3410-2040) (001-054-3320-9015) (001-054-3320-9060) (001-054-3350-2030) (001-054-3350-2035) Administrative Supplies Expendable Equipment Publications and Subscriptions Other Equipment Construction - Structures Administrative Supplies Expendable Equipment Other Equipment (001-054-3350-9015) Fees for Professional (001-054-3360-2010) (001-054-3360-2035) (001-054-3360-2066) (001-054-3360-3160) (001-054-3360-9015) (001-050-4340-2035) (001-050-4340-2044) (001-050-4340-2048) (001-050-4340-2050) (001-050-4340-2064) (001-050-4340-3005) (001-050-4340-9015) (001-052-4110-2030) (001-052-4110-3005) (001-052-4110-3055) Services Expendable Equipment Program Activities Purchased Services Other Equipment Expendable Equipment Training and Development Maintenance - Equipment Maintenance - Buildings Wearing Apparel Project Supplies Other Equipment Administrative Supplies Project Supplies Maintenance of Infrastructures Vehicular Equipment(001-052-4110-9010) Fees for Professional Services (001-052-4120-2010) Maintenance Contracts (001-052-4130-2005) 395.00 906.00 3,949.00 121.00 1,320.00 1,882.00 1,039.00 462.00 583.00 3,573.00 23,927.00 441.00 398.00 9,979.00 32.00 850.00 717.00 191.00 1,795.00 4,366.00 40.00 10,151.00 13,768.00 2,123.00 4,344.00 21,871.00 40.00 64,008.00 73,279.00 123,375.00 790,023.00 2,141.00 21 152) 153) 154) 155) 156) 157) 158) 159) 160) 161) 162) 163) 164) 165) 166) 167) 168) 169) 170) 171) 172) 173) 174) 175) 176) 177) 178) 179) 180) 181) 182) Administrative Supplies (001-052-4130-2030) Expendable Equipment (001-052-4130-2035) Maintenance - Equipment (001-052-4130-2048) Project Supplies (001-052-4130-3005) Other Rental (001-052-4130-3075) Fees for Professional Services (001-052-4150-2010) Maintenance - Equipment Maintenance 3rd Party Contracts ( Maintenance Contracts ( Administrative Supplies ( Expendable Equipment ( Maintenance - Equipment ( Maintenance of Infrastructures ( Maintenance 3rd Party Contracts ( Vehicular Equipment( Other Equipment ( Administrative Supplies ( Expendable Equipment ( Furniture and Equipment (001-052-4210-9005) Vehicular Equipment(001-052-4210-9010) Other Equipment (001-052-4210-9015) Expendable Equipment (001-052-4220-2035) Wearing Apparel (001-052-4220-2064) Other Equipment (001-052-4220-9015) Fees for Professional Services (001-052-4310-2010) Administrative Supplies (001-052-4310-2030) Expendable Equipment (001-052-4310-2035) Furniture and Equipment (001-052-4310-9005) Administrative Supplies (001-052-4330-2030) Expendable Equipment (001-052-4330-2035) Project Supplies (001-052-4330-3005) (001-052-4150-2048 001-052-4150-3056) 001-052-4160-2005) 001-052-4160-2030) 001-052-4160-2035) 001-052-4160-2048) 001-052-4160-3055) 001-052-4160-3056) 001-052-4160-9010) 001-052-4160-9015) 001-052-4210-2030) 001-052-4210-2035) 570.00 52.00 450.00 1,368.00 35,724.00 10,000.00 11,734.00 14,895.00 1,371.00 971.00 788.00 7,193.00 2,532.00 1,875.00 4,200.00 4,496.00 302.00 1,836.00 4,104.00 80,023.00 266,254.00 1,410.00 327.00 1,988.00 20,448.00 1,463.00 32.00 6,738.00 800.00 1,785.00 439.00 22 183) 184) 185) 186) 187) 188) 189) 19o) 191) 192) 193) 194) 195) 196) 197) 198) 199) 200) 2Ol) 202) 203) 204) 205) 206) 207) 208) 209) 21o) 211) 212) 213) 214) 215) 216) Maintenance - General Fund Maintenance - Enterprise Funds Maintenance 3rd Party Contract Other Equipment Other Equipment Maintenance Contracts Expendable Equipment Other Equipment Administrative Supplies Expendable Equipment Emergency Relief Other Equipment Administrative Supplies Expendable Equipment Medical Program Activities Administrative Supplies Expendable Equipment Chemicals Program Activities Senior Citizens Special Events Tournaments Other Equipment Administrative Supplies Expendable Equipment Publications and Subscriptions Furniture and Equipment Other Equipment Administrative Supplies Expendable Equipment Training and Development Furniture and Equipment (001-052-4330-3050) (001-052-4330-3051) (001-052-4330-3056) (001-052-4330-9015) (001-054-5110-9015) (001-054-5311-2005) (001-054-5311-2035) (001-054-5311-9015) (001-054-5313-2030) (001-054-5313-2035) (001-054-5313-3125) (001-054-5313-9015) (001-054-5314-2030) (001-054-5340-2035) (001-054-5340-2062) (001-054-5340-2066) (001-050-7110-2030) (001-050-7110-2035) (001-050-7110-2045) (001-050-7110-2066) (001-050-7110-2120) (001-050-7110-2125) (001-050-7110-2130) (001-050-7110-9015) (001-054-7310-2030) (001-054-7310-2035) (001-054-7310-2040) (001-054-7310-9005) (001-054-7310-9015) (001-002-8120-2030) (001-002-8120-2035) (001-002-8120-2044) (001-002-8120-9005) Fees for Professional Services (001-052-8110-2010) 47,356.00 15,650.00 176,597.00 18,605.00 11,046.00 684.00 1,177.00 3,239.00 2,412.00 1,647.00 350.00 10,334.00 924.00 3,330.00 2,972.00 35.00 1,765.00 8,305.00 1,481.00 4,467.00 60.00 450.00 2,200.00 35,286.00 7,433.00 12,463.00 447.00 1,450.00 5,160.00 452.00 615.00 208.00 4,862.00 2,389.00 23 217) 218) 219) 220) 221) 222) 223) 224) 225) 226) 227) 228) 229) 230) 231) 232) 233) 234) 235) 236) 237) 238) 239) 240) 241) 242) Administrative Supplies (001-052-8110-2030) $ Neighborhood Improvement Grants(001-052-8110-3770) Contributions Business Partner- ships Furniture and Equipment Administrative Supplies Expendable Equipment Educational and Recreational Supplies (001-060-6001-6000-0614) Mileage (001-060-6001-6005-0551) Field Trips (001-060-6001-6100-0583) Educational and Recreational Supplies (001-060-6001-6100-0614) Mileage (001-060-6001-6200-0551) Office Supplies (001-060-6001-6200-0601) Maintenance Service Contracts (001-060-6001-6202-0332) Office Supplies (001-060-6001-6202-0601) Educational and Recreational Supplies Mileage Books and Subscriptions Educational and Recreational Supplies Educational and Recreational Supplies Repair and Maintenance Payments Educational and Recreational Supplies Field Trips Testing/Evaluation /Dissemination Educational and Recreational Supplies Other Operational Supplies Conventions/ Education (001-052-8110-3772) (001-052-8110-9005) (001-054-8170-2030) (001-054-8170-2035) (001-060-6001-6202-0614) (001-060-6001-6204-0551) (001-060-6001-6204-0613) (001-060-6001-6204-0614) (001-060-6001-6208-0614) (001-060-6001-6209-0331) (001-060-6001-6209-0614) (001-060-6001-6212-0583) (001-060-6001-6213-0584) (001-060-6001-6213-0614) (001-060-6001-6213-0615) (001-060-6001-6214-0554) 217.00 8,730.00 105.00 1,179.00 2,349.00 180.00 2,340.00 443.00 446.00 1,265.00 132.00 375.00 1,000.00 3,533.00 1,199.00 29.00 1,034.00 198.00 669.00 800.00 162.00 743.00 12,631.00 891.00 413.00 45.00 243) 244) 245) 246) 247) 248) 249) 25o) 251) 252) 253) 254) 255) 256) 257) 258) 259) 260) 261) 262) 263) 264) 265) 266) 267) 268) Inservice Workshops Inservice Supplies Other Professional Services Other Operational Supplies Professional (001-060-6001-6214-0587) (001-060-6001-6214-0617) (001-060-6001-6215-0313) (001-060-6001-6215-0615) Health (001-060-6001-6217-0311) (001-060-6001-6218-0551) (001-060-6001-6218-0613) (001-060-6001-6219-0551) (001-060-6001-6225-0613) (001-060-6001-6229-0551) Services Mileage Books and Subscriptions Mileage Books and Subscriptions Mileage Educational and Recreational Supplies (001-060-6001-6246-0614) Maintenance Service Contracts (001-060-6001-6302-0332) Office Supplies (001-060-6001-6302-0601) (001-060-6001-6302-0614) (001-060-6001-6302-0801) (001-060-6001-6303-0609) (001-060-6001-6304-0613) (001-060-6001-6305-0613) (001-060-6001-6305-0614) (001-060-6001-6306-0313) (001-060-6001-6306-0801) (001-060-6001-6307-0551) (001-060-6001-6307-0613) (001-060-6001-6307-0614) (001-060-6001-6308-0614) Educational and Recreational Supplies Replacement - Machinery and Equipment Vehicle and Equip- ment Fuel Books and Subscriptions Books and Subscriptions Educational and Recreational Supplies Other Professional Services Replacement - Machinery and Equipment Mileage Books and Subscriptions Educational and Recreational Supplies Educational and Recreational Supplies Repair and Maintenance Payments (001-060-6001-6309-0331) 131.00 1,628.00 50.00 6,369.00 4,500.00 286.00 1,113.00 316.00 2,989.00 150.00 181.00 2,037.00 4,128.00 2,718.00 3,900.00 160.00 46.00 749.00 1,868.00 12,619.00 215.00 169.00 223.00 240.00 2,102.00 2,200.00 25 269) 270) 271) 272) 273) 274) 275) 276) 277) 278) 279) 280) 281) 282) 283) 284) 285) 286) 287) 288) 289) 290) 291) 292) 293) 294) 295) Educational and Recreational Supplies Repair and Maintenance Payments Dues and Associa- tion Memberships Field Trips Books and Subscriptions Testing/Evaluation /Dissemination Other Operational Supplies Conventions/ Education Inservice Workshops Inservice Supplies Mileage Mileage Mileage Books and Subscriptions Mileage Books and Subscriptions Tuition - Private Schools Payments to Parents in Lieu of Trans- portation Tuition-In State Office Supplies Books and Subscriptions Repair and Maintenance Payments Mileage Educational and Recreational Supplies Replacement - Machinery and Equipment Educational and Recreational Supplies Books and Subscriptions (001-060-6001-6309-0614) (001-060-6001-6311-0331) (001-060-6001-6311-0581) (001-060-6001-6311-0583) (001-060-6001-6312-0613) (001-060-6001-6313-0584) (001-060-6001-6313-0615) (001-060-6001-6314-0554) (001-060-6001-6314-0587) (001-060-6001-6314-0617) (001-060-6001-6315-0551) (001-060-6001-6317-0551) (001-060-6001-6318-0551) (001-060-6001-6318-0613) (001-060-6001-6319-0551) (001-060-6001-6325-0613) (001-060-6001-6329-0312) (001-060-6001-6329-0344) (001-060-6001-6329-0382) (001-060-6001-6329-0601) (001-060-6001-6329-0613) (001-060-6001-6343-0331) (001-060-6001-6343-0551) (001-060-6001-6343-0614) (001-060-6001-6343-0801) (001-060-6001-6346-0614) (001-060-6001-6355-0613) 155.00 1,615.00 19.00 1,015.00 1,271.00 1,000.00 320.00 117.00 108.00 1,446.00 15.00 234.00 75.00 1,981.00 239.00 1,374.00 13,247.00 64.00 174,807.00 42.00 27.00 1,448.00 95.00 644.00 214.00 268.00 405.00 296) 297) 298) 299) 300) 301) 302) 303) 304) 305) 306) 307) 308) 309) 310) 311) 312) 313) 314) 315) 316) 317) 318) 319) 320) 321) 322) 323) 324) 325) 326) 327) Educational and Recreational Supplies Educational and Recreational Supplies Conventions/ Education Printing and Binding Services Conventions/ Education Office Supplies Printing and Binding Services Conventions/ Education Office Supplies Printing and Binding Services Office Supplies Printing and Binding Services Office Supplies Health Insurance Office Supplies Additional-Data Processing Equip. Maintenance - Service Contracts Office Supplies Office Supplies Educational and Recreational Supplies Mileage Office Supplies Vehicle and Equipment Fuel ( Replacement - School Buses ( Vehicle and Equip- ment Supplies ( Inservice Workshops ( Electrical Service ( Heating Service ( Telecommunications ( Inservice Workshops ( Janitorial Supplies( Repair and Main- tenance Supplies ( (001-060-6001-6355-0614) (001-060-6001-6666-0614) (001-060-6002-6661-0554) (001-060-6002-6662-0351) (001-060-6002-6662-0554) (001-060-6002-6662-0601) (001-060-6002-6663-0351) (001-060-6002-6663-0554) (001-060-6002-6663-0601) (001-060-6002-6664-0351) (001-060-6002-6664-0601) (001-060-6002-6665-0351) (001-060-6002-6665-0601) (001-060-6002-6666-0204) (001-060-6002-6666-0601) (001-060-6002-6666-0826) (001-060-6002-6669-0332) (001-060-6002-6669-0601) (001-060-6002-6673-0601) (001-060-6002-6674-0614) (001-060-6002-6675-0551) (001-060-6002-6675-0601) 001-060-6002-6676-0609) 001-060-6002-6676-0808) 001-060-6002-6678-0610) 001-060-6002-6680-0587) 001-060-6002-6681-0511) 001-060-6002-6681-0512) 001-060-6002-6681-0523) 001-060-6002-6681-0587) 001-060-6002-6681-0606) 001-060-6002-6681-0608) $ 4,396.00 323,907.00 310.00 911.00 125.00 215.00 12,989.00 327.00 345.00 280.00 2,896.00 1,535.00 792.00 32,928.00 91.00 4,751.00 4,269.00 886.00 25.00 603.00 99.00 49.00 99.00 49,818.00 1,185.00 72.00 8,018.00 3,093.00 160.00 22.00 24,648.00 114,119.00 328) 329) 330) 331) 332) 333) 334) 335) 336) 337) 338) 339) 340) 341) 342) 343) 344) 345) 346) 347) Replacement - Machinery and Equipment Maintenance - Service Contracts Lease-Rent of Equipment Repair and Mainten- ance Supplies Repair and Mainten- ance Supplies Replacement - Furniture and Fixtures Vehicle and Equip- ment Supplies Police Supplies Purchased Services Food Food Service Supplies Repair and Mainten- ance Supplies Replacement - Machinery and Equipment Replacement - Furniture and Fixtures Replacement - Data Processing Equipment Replacement - School Buses Additional - Motor Vehicles and Equipment Replacement - Other Capital Outlays Replacement - Other Capital Outlays Reserve for Prior Year Encumbrances (001-060-6002-6681-0801) (001-060-6002-6682-0332) (001-060-6002-6682-0541) (001-060-6002-6682-0608) (001-060-6002-6683-0608) (001-060-6002-6683-0802) (001-060-6002-6684-0610) (001-060-6002-6685-0611) (001-060-6003-6788-0381) (001-060-6003-6788-0602) (001-060-6003-6788-0603) (001-060-6003-6788-0608) (001-060-6003-6788-0801) (001-060-6004-6300-0802) (001-060-6004-6302-0806) (001-060-6004-6676-0808) (001-060-6004-6676-0824) (001-060-6004-6681-0809) (001-060-6004-6896-0809) (001-3331) 3,480.00 3,666.00 2,520.00 15,927.00 2,217.00 7,290.00 7,724.00 733.00 495.00 27,972.00 7,420.00 53.OO 17,294.00 76,963.00 87,685.00 251,840.00 35,225.00 18,505.00 18,126.00 (5,410,898.00) 28 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 22nd Day of July, 1991. No. 30639-72291. AN ORDINANCE to amend and reordain certain sections of the 1991- 92 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 1991-92 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Pumping Stations $ 611,734.00 Other Charges (1-3) ................................ 419,281.00 Purification 850,125 Other Charges (4) .................................. 220,307.00 Capital Outlay from Revenue 958,227.00 Capital Outlay (5-7) ............................... 958,227.00 1) Administrative Supplies 2) Maintenance - Equipment 3) Maintenance - Buildings 4) Chemicals 5) Water-New Service Hydrants, Lines 6) Water-Unidentified Plant Replacement 7) Expand Carvins Cove Plant (002-056-2165-2030) (002-056-2165-2048) (002-056-2165-2050) (002-056-2170-2045) (002-056-2178-9025) (002-056-2178-9026) (002-056-2178-9036) $ 138.00 4,267.00 7,538.00 8,807.00 4,247.00 11,700.00 19,280.00 IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd Day of July, 1991. No. 30640-72291. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1991-92 Sewage Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Administration Contractural Maintenance Other Charges Operations Other Charges Laboratory Services (1) ............................ (2-3) .................................. (4-6) .................................. Other Charges (7-10) ................................. Lateral Maintenance Capital Outlay (11) .................................. Capital Outlay from Revenue Capital Outlay (12) .................................. $2,213,920.00 1,503,527.00 868,762.00 525,995.00 2,092,335.00 1,229,353.00 263,878.00 93,030.00 1,474,943.00 289,943.00 9,634.00 9,634.00 1) Fees for Professional Services (003-056-3150-2010) 2) Maintenance - Equipment (003-056-3155-2048) 3) Maintenance - Buildings (003-056-3155-2050) 4) Administrative Supplies (003-056-3160-2030) 5) Chemicals (003-056-3160-2045) 6) Maintenance of Infrastructures (003-056-3160-3055) 7) Administrative Supplies (003-056-3165-2030) 8) Chemicals (003-056-3165-2045) $853,027.00 93,493.00 12,712.00 272.00 32,122.00 704.00 234.00 2,829.00 813 9) Pretreatment (EPA Regulations) 10) Maintenance of Infrastructure 11) Unidentified Construction 12) Other Equipment (003-056-3165-2047) (003-056-3165-3055) (003-0'56-3170-9085) (003-0S6-3175-9015) $ 11,523.00 544.00 28,000.00 9,634.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE S T: ~~{~__ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of July, 1991. No. 30641-72291. AN ORDINANCE to amend and reordain certain sections of the 1991- 92 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 1991-92 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operations Other Charges (1-2) ................................ Capital Outlay from Revenue Capital Outlay (3) ................................. $ 1,572,780.00 449,783.00 62,930.00 62,930.00 1) Administrative Supplies 2) Expendable Equipment 3) Other Equipment (005-050-2105-2030) (005-050-2105-2035) (005-050-8600-9015) $ 276.00 199.00 12,930.00 30 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: AP P ROVE D this--~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of July, 1991. No. 30642-72291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Internal Service Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. -- THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Management Services (1-2) ......................... $ City Information Systems (3-9) .................... Motor Vehicle Maintenance (10-16) ................. Utility Line Services (17-25) ..................... 459,448.00 2,171,822.00 1,901,727.00 2,737,717.00 1) Administrative Supplies 2) Furniture and Equipment 3) Maintenance Contracts 4) Administrative Supplies 5) Expendable Equipment 6) Publications and Subscriptions 7) Training and Development (006-002-1617-2030) (006-002-1617-9005) (006-050-1601-2005) (006-050-1601-2030) (006-050-1601-2035) (001-050-1601-2040) (006-050-1601-2044) $ 3,795.00 5,857.00 14,000.00 3,920.00 6,263.00 103.00 2,815.00 31 9) lO) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) Library Automated Project - CIS (006-050-1601-3100) Automated Library Equipment (006-050-1601-9018) Fees for Professional Services (006-052-2641-2010) Administrative Supplies Expendable Equipment Chemicals Wearing Apparel Project Supplies Other Equipment Fees for Professional Services ( Administrative Supplies ( Expendable Equipment Training and Development Maintenance - Equipment Wearing Apparel Project Supplies Furniture and Equipment Construction - Structures (006-052-2641-2030) (006-052-2641-2035) (006-052-2641-2045) (006-052-2641-2064) (006-052-2641-3005) (006-052-2641-9015) 006-056-2625-2010) 006-056-2625-2030) (006-056-2625-2035) (006-056-2625-2044) (006-056-2625-2048) (006-056-2625-2064) (006-056-2625-3005) (006-056-2625-9005) (006-056-2625-9060) BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. 2,370.00 45,855.00 27,961.00 2,695.00 409.00 3,245.00 763.00 10,898.00 1,790.00 10,489.00 346.00 2,565.00 56.00 1,192.00 774.00 11,851.00 1,292.00 752.00 existing, this ATTEST: City Clerk APPROVED Mayor 32 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30634-81291. AN ORDINANCE granting to the United Way of Roanoke Valley, Inc., a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. WHEREAS, the United Way of Roanoke Valley, Inc. (Permittee), has requested that Council authorize the Permittee to mount certain flags on certain street lighting poles in the Central Business District of the City, Permittee's request being more particularly set forth in the letter dated June 18, 1991, from Linda L. Holsinger, Vice President, Marketing & Communications of the United Way of Roanoke Valley, Inc.; and WHEREAS, Council is desirous of granting the request of the Permittee pursuant to certain terms and conditions. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted the Permittee to mount. certain flags on street lighting poles in the Central Business District of the City, the Permittee's request being more particularly described~ in the letter dated June 18, 1991, from Linda L. Holsinger, Vice President, Marketing & Communications of the United Way of Roanoke Valley, Inc., a copy of which is on file in the Office of the City Clerk. 2. The permit granted by this ordinance shall be revocable at the pleasure of the City of Roanoke. 3. Any and all costs in connection with the granting of this permit shall be borne by the Permittee. 4. The permittee shall and, by execution of this ordinance, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions, and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Permittee's intentional acts or negligent acts or omissions with respect to the rights or privileges granted hereby. 5. Permittee shall give notice to the City's Director of Public Works prior to entry onto City property or City facilities for installation or mounting of the flags. 6. The permit granted by this Ordinance shall be effective September 3, 1991. 7. This ordinance shall be in full force and effect at such time after its effective date as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf of the United Way of Roanoke Valley, Inc., has been filed in the Office of the City Clerk. A P P Rev E D ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th Day of August, 1991. No. 30643-81291. AN ORDINANCE amending and reordaining §32-108.1, Proration of personal property tax generally, Code of the City of Roanoke (1979), as amended, to delete boats from the categories of personal property subject to proration effective January 1, 1992; to require that the owner or purchaser of property subject to proration declare such property with the Commissioner of Revenue within thirty (30) days of the property registration date with the State Department of Motor Vehicles; to establish penalties and interest with respect to any owner or purchaser who shall fail to so declare property; to provide that prorated personal property tax shall be due and payable within sixty (60) days of the registration date ofsuch property or May 31 of the tax year, whichever shall occur later; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-108.1, Proration of personal property tax generally, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: S32-108.1. Proration of personal property tax generally. The personal property tax assessed against motor vehicles and trailers shall be prorated for the period of time the property has its 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 after January 1, or is transferred to a new owner in the City after January 1, the owner or purchaser of the property shall declare such property with the commissioner within thirty (30) days of the property registration date with the State Department of Motor Vehicles, 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 such property registration date, any owner or purchaser shall be subject to the same penalties and interest as established by S32-106 of this Article for failure to pay tax imposed. Any such tax shall be due and payable within sixty (60) days of such property registration date or May 31 of the tax year, whichever shall occur later, and failure to pay in a timely fashion shall subject the owner or purchaser to penalties and interest as established by S32-106 of this Article. 2. The personal property tax assessed against boats shall be prorated, in the same fashion applicable to motor vehicles and trailers,-' through December 31, 1991. On and after January 1, 1992, the personal property assessed against boats shall not be prorated; however, boats shall continue to be tangible personal property subject to taxation under this Article. 3. This ordinance shall be in full force and effect on and after September 1, 1991. APPROVED City Clerk Mayor 35 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30648-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant and General Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant and General Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Grant Fund Appropriations Judicial Administration Victim Witness 91-92 (1-9) ........................ $ 358,505.00 54,798.00 Revenue Judicial Administration Victim Witness 91-92 (10-11) ...................... $ 358,505.00 54,798.00 General Fund Appropriations Non-Departmental Transfer to Other Funds (12) ..................... Judicial Administration Commonwealth's Attorney (13) ...................... $12,037,572.00 10,656,395.00 3,407,416.00 685,687.00 1) Regular Employee Salaries 2) FICA 3) Hospitalization Insurance 4) Dental Insurance 5) Life Insurance 6) Training and Development 7) Telephone 8) Administrative Supplies (035-026-5115-1002) (035-026-5115-1120) (035-026-5115-1125) (035-026-5115-1126) (035-026-5115-1130) (035-026-5115-2044) (035-026-5115-2020) (035-026-5115-2030) $ 41,443.00 3,170.00 2,904.00 192.00 365.00 2,249.00 1,080.00 2,015.00 36 9) Management Services 10) State Grant Revenue 11) Local Match 12) Transfer to Grant Fund 13) Local Match (035-026-5115-7015) (035-035-1234-7103) (035-035-1234-7104) (001-004-9310-9535) (001-026-2210-9536) $ 1,380.00 34,787.00 20,011.00 20,011.00 (20,011.00) 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 12th Day of August, 1991. No. 30649-81291. A RESOLUTION authorizing the acceptance of Grant No. 91-A7677 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the State Department of Criminal Justice Services of Grant No. 91-A7677in the amount of $34,787.00 for Fiscal Year 91-92 for a Victim/Witness/Juror Assistance program. 2. The local cash match for Fiscal Year 91-92 shall be in the amount of $20,011.00. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 91-A7677. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30650-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration $445,139.00 Multi-Jurisdiction Drug Grant (1-3) ................ 86,634.00 Revenue Judicial Administration Multi-Jurisdiction Drug Grant (4) ................. $445,139.00 86,634.00 1) Regular Employee Salaries (035-026-5124-1002) 68,917.00 2) Training and Development (035-026-5124-2044) 1,100.00 3) Administrative Supplies (035-026-5124-2030) 16,617.00 4) State Grant Receipts (035-035-1234-7105) 86,634.00 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. APPROVED this ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30651-81291. A RESOLUTION authorizing the acceptance of a Multi- Jurisdictional Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Multi-Jurisdic- tional Special Drug Prosecutor Grant No. 91-A7631AD in the total amount--- of $86,634.00 from the Commonwealth of Virginia for the period of July 1, 1991, through June 30, 1992. 2. The City Manager or the Assistant City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant, as more particularly set forth in the report to this Council dated August 12, 1991. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the such grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30652-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropria- tions, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural $ 833,342.00 City Market (1-2) .............................. 19,113.00 Revenue Revenue from Use of Money/Property $ 916,740.00 Market Rents (3) ............................... 19,740.00 1) Fees for Prof. Services (001-050-7210-2010) $ 4,000.00 2) Advertising (001-050-7210-2015) 3,740.00 3) Curbage Fees (001-020-1234-0505) 7,740.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 40 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30653-81291. A RESOLUTION establishing rates for the rental of curb spaces on the streets in the City Market area; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The monthly rate for the use of the curb spaces on the streets in the City Market area shall be as follows: Market Square Spaces Space 40 Space 7; 7A Spaces 1-6, 36-39, 41-43 Monthly Rates $30.00 $27.00 $25.00 Market Street~ S.E. Space 17 Spaces 8, 18, 35 Spaces 9, 11-16, 19-24, 26-30 32-34 Spaces 10, 25, 31 East Side of Wall Street Spaces 1 -13 $30.00 $27.00 $25.00 $20.00 $20.00 The daily rates for each of the above spaces shall be $5.00. 3. The Customer Service Charges of the City of Roanoke, maintained by the Director of Finance, shall be amended to include the foregoing new rates. 4. This resolution shall be in full force and effect on and after September 1, 1991. APPROVED ATTEST: City Clerk Mayor 41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30654-81291. A RESOLUTION authorizing a contract with Downtown Roanoke, Inc. for the provision of certain services in the Roanoke City Market area. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, the requisite contract with Downtown Roanoke, Inc. ("DRI") providing for such firm to act as the City's agent in management of the City Market for a monthly fee of $833.33. 2. The term of the agreement shall be for one (1) year, and the agreement may be renewed from term to term thereafter. Either party shall have the right to cancel the agreement upon thirty (30) days' notice to the other party. 3. The agreement, which shall be approved as to form by the City Attorney, shall provide that DRI's accounting procedures for handling City funds shall be approved by the Director of Finance, that the DRI employee handling City funds shall be bonded, and that DRI shall obtain and maintain during the life of the agreement liability insurance of a nature and in amounts as specified by the City Manager. The agreement shall also contain such other provisions as the City Manager may deem appropriate. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th Day of August, 1991. No. 30655-81291. A RESOLUTION waiving the standard rental fee for use of certain City facilities for the Roanoke Symphony Volunteer Association "Attic Fair" and granting concession rights in conjunction with such events. WHEREAS, by Resolution No. 24982, dated January 28, 1980, this Council established a policy with respect to waiver of rental fees for use of City facilities and property by certain organizations. WHEREAS, the Roanoke Symphony Society complies with the criteria for waiver of such fees set forth in Resolution No. 24982. WHEREAS, Council deems it appropriate to waive rental fees for the Roanoke Symphony Volunteer Association "Attic Fair," to be sponsored by the Roanoke Symphony Society and to grant concession rights in conjunction with such event. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Roanoke Symphony Society shall be authorized use of the. National Guard Armory, August 23, 1991 through August 24, 1991 with waiver of the standard rental fees for the Roanoke Symphony Volunteer Association "Attic Fair." 2. The Roanoke Symphony Society or its designee shall be authorized to operate concessions in conjunction with such event. 3. The applicant organization shall furnish public liability and property damage insurance contracts insuring the liability of such organization with regard to such events on the dates indicated above, in the minimum amount of $1,000,000.00 per occurrence. The City shall be named as an additional insured on such policy of insurance, and a certificate of insurance, acceptable to the City's Risk Management~ Officer, reflecting such coverage shall be filed with the City Clerk prior to August 23, 1991, the beginning of the event sponsored by the Roanoke Symphony Society. 4. The applicant organization shall, and by execution of this resolution, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of such organization's intentional acts or negligent acts or omissions related to use of City facilities and property. 5. The applicant organization shall applicable terms and conditions of Resolution No. ary 28, 1980. comply with all 24982, dated Janu- APPROVED ATTEST: ~~ ~ City Clerk Mayor 43 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30656-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural $ 92,396.00 Federal LSCA Title I Blind 5-92 (1-5) ............. 7,615.00 Revenue Parks, Recreation and Cultural Federal LSCA Title I Blind 5-92 (6) ............... $ 92,396.00 7,615.00 1) Temporary Employee Wages 2) FICA 3) Fees for Professional Services 4) Administrative Supplies 5) Training and Development 4) Federal LSCA Title I Blind '92 (035-054-5007-1004) (035-054-5007-1120) (035-054-5007-2010) (035-054-5007-2030) (035-054-5007-2044) (035-035-1234-7102) $ 1,496.00 115.00 2,389.00 2,915.00 700.00 7,615.00 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. APPROVED existing, this ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th Day of August, 1991. No. 30657-81291. A RESOLUTION accepting a Library Services and Construction Act (LSCA) Title I Grant for the Roanoke City Public Library. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant to the City of a Library Services and Construction Act (LSCA) Title I Grant in the amount of $7,615.00, to be_ used for expanded library service for the visually impaired and physically handicapped, is hereby ACCEPTED. 2. That W. Robert Herbert, City Manager, or Earl B. Reynolds, Jr., 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 the foregoing grant. A P P ROVE D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30658-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural Federal LSCA Title I Metropolitan 5-92 (1-3) ......... $ 84,781.00 13,399.00 Revenue Parks, Recreational and Cultural Federal LSCA Title I Metropolitan 5-92 (4) ........... 84,781.00 13,399.00 1) Equipment over $500 2) Administrative Supplies 3) Maintenance Contracts 4) Federal LSCA Title I (035-054-5008-9005) (035-054-5008-2030) (035-054-5008-2005) $ 11,213.00 350.00 1,836.00 Metro '92 (035-035-1234-7098) 13,399.00 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 12th Day of August, 1991. No. 30659-81291. A RESOLUTION accepting a Library Services and Construction Act (LSCA) Title I Grant for the Roanoke City Public Library. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant to the City of a Library Services and Construction Act (LSCA) Title I Grant in the amount of $13,399.00, to be used for the enhancement of interlibrary loan and reference services, is hereby ACCEPTED. 2. That W. Robert Herbert, City Manager, or Earl B. Reynolds, Jr., Assistant City Manager, is hereby authorized to execute 46 any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30660-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to--- read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY92 Title IIA 78% (1-14) ............................... Title III (15-19) .................................. $ 954,597.00 830,047.00 113,581.00 Revenue Fifth District Employment & Training Consortium - FY92 Title IIA 78% (20-21) ............................. Title III (22) .................................... $ 954,597.00 830,047.00 113,581.00 1) Alleghany Highlands Public School 2) Dabney S. Lancaster Comm. College 3) Roanoke City Schools Alternative Ed. (034-054-9261-8158 (034-054-9261-8150) (034-054-9261-8156) $ 28,781.00 16,461.00 42,519.00 47 4) Roanoke City Schools Teen Parent 5) Scheneman and Spencer 6) TAP Project Success 7) Dabney S. Lancaster Comm. College 8) TAP ABE/GED 9) RADAR 10) College of Health Sciences 11) Dominion Business School 12) Roanoke City School of Nursing 13) VA. Western (034-054-9261-8159) (034-054-9261-8155) (034-054-9261-8152) (034-054-9261-8170) (034-054-9261-8172) (034-054-9261-8210) (034-054-9261-8234) (034-054-9261-8197) (034-054-9261-8194) Comm. College (034-054-9261-8192) 14) Funding Authority (034-054-9261-9990) 15) College of Health Sciences (034-054-9281-8234) 16) Dabney S. Lancaster Comm. College (034-054-9281-8201) 17) Dominion Business School (034-054-9281-8197) 18) VA. Western Comm. College (034-054-9281-8192) 19) Funding Authority (034-054-9281-9990) 20) Title IIA (034-034-1234-9260) 21) Title IIA (034-034-1234-9261) 22) Title III (034-034-1234-9281) $ 10,000.00 140,100.00 107,100.00 56,747.00 149,949.00 12,083.00 180.00 1,171.00 510.00 1,745.00 262,701.00 3,379.00 22,045.00 2,400.00 10,565.00 75,192.00 124,507.00 705,540.00 113,581.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30661-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Consortium Fund Appropriations, and providing for an emergency. 48 WHEREAS, for the usual daily operation of the Municipal__ Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY91 Title IIA (1-5) ............................... Fifth District Employment & Training Consortium - FY92 Operation Bootstrap (6) ....................... $ 2,200,661.00 1,146,121.00 10,969.00 10,969.00 Revenue Fifth District Employment & Training Consortium - FYgl Title IIA (7-8) ............................... Fifth District Employment & Training Consortium - FY92 Operation Bootstrap (9) ....................... $ 2,200,661.00 1,146,121.00 10,969.00 10,969.00 1) TAP/Custom Training - 6% (91-92) 2) Roanoke County Schools 3) Harris - Teeter 4) Anderson News of Virginia (034-054-9161-8131) (034-054-9161-8202) (034-054-9161-8141) (034-054-9161-8127) 5) Funding Authority (034-054-9161-9990) 6) Funding Authority (034-054-9286-9990) 7) Title IIA (034-034-1234-9160) 8) Title IIA (034-034-1234-9161) 9) CDBG - Operation Bootstrap (034-034-1234-9286) $45,000.00 9,317.00 735.00 312.00 30,278.00 10,969.00 25,693.00 59,949.00 10,969.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P P ROVE D ATTEST: City Clerk Mayor 49 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30662-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $14,035,571.00 Income Maintenance (1) ......................... 3,684,734.00 Social Services - Services (2) ................. 6,190,724.00 Revenue Grants-in-Aid Commonwealth Welfare (3) ..................................... (001-054-5313-3145) (001-054-5314-3160) 1) Emergency Relief 2) Purchased Services 3) Other Purchased Services $(8,ooo.oo) 40,000.00 (001-020-1234-0683) 32,000.00 $52,323,497.00 8,400,777.00 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30663-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General Fund Appropriations, and providing for an emergency. APPROVED BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 50 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Employment Services (1-2) ..................... $14,184,921.00 795,870.00 Revenue Grants-in-Aid Commonwealth Welfare (3) ..................................... $52,071,997.00 8,149,277.00 1) Fees for Professional Services (001-054-5316-2010) $ 24,000.00 2) Purchased Services (001-054-5316-3160) 195,500.00 3) Employment Services (001-020-1234-0681) (219,500.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30664-81291. AN ORDINANCE to amend and reordain certain sections of the 1991- 92 Grant and General Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal-- Government of the City of Roanoke, an emergency is declared to exist, i THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant and General Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 51 Grant Fund Appropriations Health and Welfare Demonstration Grant Revenue Health and Welfare Demonstration Grant (1-12) ........................ (13-14) ....................... $ 895,201.00 357,004.00 $ 895,201.00 357,004.00 General Fund Appropriations Non-Departmental Transfers to Other Funds Health and Welfare Social Services-Services (15) ..................... (16) ..................... $12,017,561.00 10,636,384.00 13,942,856.00 6,127,235.00 1) Regular Employee Salaries 2) ICMA-RC Retirement 3) FICA 4) Hospitalization Insurance 5) Dental Insurance 6) Life Insurance 7) Training and Development 8) Maintenance Contract 9) Fees for Prof. Services 10) Administrative Supplies 11) Management Services 12) Insurance 13) State Grant Receipts 14) Local Match 15) Transfer to Grant Fund 16) Foster Care (50%) (035-054-5151-1002) $131,320.00 (035-054-5151-1115) 15,903.00 (035-054-5151-1120) 10,046.00 (035-054-5151-1125) 4,280.00 (035-054-5151-1126) 340.00 (035-054-5151-1130) 1,339.00 (035-054-5151-2044) 11,880.00 (035-054-5151-2005) 1,200.00 (035-054-5151-2010) 171,188.00 (035-054-5151-2030) 6,048.00 (035-054-5151-7015) 960.00 (035-054-5151-3020) 2,500.00 (035-035-1234-7100) 334,439.00 (035-035-1234-7101) 22,565.00 (001-004-9310-9535) 22,565.00 (001-054-5314-3140) (22,565.00) 52 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. APPROVED this-- City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th Day of August, 1991. No. 30665-81291. A RESOLUTION authorizing execution of a Grant Agreement with the State Department of Criminal Justice Services on behalf of the City to accept a Demonstration Grant Award from the State Council on Community Services for Youth and Families and 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 the City Manager or the Assistant City Manager are hereby authorized,-- for and on behalf of the City, to execute the required Grant Agreement, and any other forms required by the State Department of Criminal Justice Service, in order for the City to accept a Demonstration Grant Award from the State Council on Community Services for Youth and Families, upon all of the terms, conditions and requirements pertaining to the grant, as set forth in the City Manager's report dated August 12, 1991. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30666-81291. AN ORDINANCE authorizing the application of restrictive covenants to the addition to the Roanoke Centre for Industry and Technology; and providing for an emergency. 53 WHEREAS, the City now owns approximately 140 acres of developable land to be included as an addition to the Roanoke Centre for Industry and Technology; and WHEREAS, it is in the best interest of the City to ensure orderly development of the Centre and to ensure that development within the Centre is harmonious with existing development, the environment, and the Master Plan for the Centre; and WHEREAS, Council is proud of the City's achievements in creating the Roanke Centre for Industry and Technology; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor and the City Clerk are authorized, respectively, to execute and to attest, for and on behalf of the City, and to provide for the recordation of the Deed of Restriction setting out the restrictive covenants for the approximately 140 acres of land within the addition to the Roanoke Centre for Industry and Technology, as such covenants have been submitted to Council by a report from the City Manager dated August 12, 1991, and subject to any amendments to form that might be deemed necessary by the City Attorney prior to the recordation of the Deed. 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 City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th Day of August, 1991. No. 30667-81291. A RESOLUTION accepting a Library Services and Construction Act (LSCA) Title I Grant for the Roanoke City Public Library. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant to the City of a Library Services and Construction Act (LSCA) Title I Grant in the amount of $7,615.00, to be used for expanded library service for the visually impaired and physically handicapped, is hereby ACCEPTED. 2. That W. Robert Herbert, City Manager, or Earl B. Reynolds, Jr., Assistant City Manager, is hereby authorized to execute 54 any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be--~ required in connection with the City's acceptance of the foregoing I grant ..... APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th Day of August, 1991. No. 30668-81291. AN ORDINANCE providing for the contingent establishment of the fees charged at the Tower Parking Garage; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The parking fees in the Tower Parking Garage shall established in accordance with the following schedule effective September 1, 1991, or the date on which the City and the Roanoke Redevelopment and Housing Authority accept and purchase said Tower Parking Garage, and the City assumes the duty of operating said Tower Parking Garage, whichever the later shall occur: Element Rate Monthly (un-reserved space) Monthly (reserved space) Short-term parking rates: 1/2 hour or portion thereof 1/2 hour to one hour One to two hours Two to three hours Three to four hours Four to five hours and longer per 24 hours After 6:00 p.m. and Sundays $ 55.00 $ 60.50 $ .50 $ 1.00 $ 1.50 $ 2.25 $ 3.25 $ 4.25 Free City Manager may waive short-term rates for City sponsored festival events and holidays 55 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. A P P R OV E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30669-81291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks and Recreation Norwich Park Path Improvements (1) ................ Capital Improvement Reserve Capital Improvement Reserve (2) ................... 800,300.00 8,300.00 (7,614,292.00) 678,338.00 1) Appropriations from General Revenue (008-050-9635-9003) 2) Streets and Bridges (008-052-9575-9181) $ 8,300.00 (8,300.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk A P P ROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th Day of August, 1991. No. 30670-81291. A RESOLUTION accepting the bid of the Greater Roanoke Transit Company made to the City for the management and operation of the Tower and Downtown East Parking Garages and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of the Greater Roanoke Transit Company made to the City offering to manage and operate the Tower and Downtown East Parking Garages meeting all of the City's specifications and requirements therefor, for the total base bid price of $113,720.00, which bid is on file in the Office of the City Clerk, is hereby accepted. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate contract for such services as more particularly set forth in the report to this Council dated August 12, 1991. ~, 3. Any and all other bids made to the City for the! t aforesaid services are hereby rejected and the City Clerk is directed-- to notify each such bidder and express to each the City's appreciation for such bid. APPROVED ATTEST: City Clerk Mayor 57 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30644-82691. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 122, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the Petitioner; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, 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 petition at its meeting on August 12, 1991, 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 petition, 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. WHEREFORE, 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. 122 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as two tracts of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, $. W., designated on Sheet No. 122 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1220901 and 1220902, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to those conditions proffered 58 by and set forth in the First Amended Petition to .Rezone filed in the Office of the City Clerk on June 11, 1991, and that Sheet No. 122 of the--i Sectional 1976 Zone Map be changed in this respect. ~ APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30645-82691. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 303, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have a portion of 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 S36.1-693, 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 petition at its meeting on August 12, 1991, after due and timely notice thereof as required by S36.1-693, 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 petition, 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. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 303 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: 59 Property described as a tract of land lying at 1011 Kimball Avenue, N. E., designated on Sheet No. 303 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3030201, be, and is hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, and that Sheet No. 303 of the Sectional 1976 Zone Map be changed in this respect. APPROVED ATTEST City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRIGNIA The 26th Day of August, 1991. No. 30646-82691. AN ORDINANCE permanently, vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Cox Cable Roanoke, Inc., a Virginia corporation, has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, 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. WHEREAS, a public hearing was held on said application by the City Council on August 12, 1991, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of- way. 60 THEREFORE, BE Roanoke, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: IT ORDAINED by the Council of the City of A portion of 20th Street, S. W., running north from an imaginary line connecting the northern boundary of an alleyway designated "W.E. 40 R.V.," with the northern boundary of an alleyway designated "W.E. 32 R.V.," all as shown on Sheet Number 131 of the Appraisal Map of the City of Roanoke to an imaginary line which is an extension (bearing approximately N. 40g 25' 45" W.) of the northeast boundary of the triangular parcel of land designated on the said Appraisal Map as parcel number 1310901, said line running from the northeast corner of parcel number 1310901 to a point of intersection with lands of Norfolk and Western Railway, all as shown on the said Appraisal Map. A portion of Westport Avenue, S. W., running east from the eastern right-of-way of 20th Street, S. W. to an imaginary line which is an extension (bearing approximately S. 40g 25" 45" E.) of the northeast boundary of the triangular parcel of land designated on Sheet Number 131 of the Appraisal Map of the City of Roanoke as parcel number 1310901, said line running from the southeast corner of parcel number 1310901 to an angle along the northern boundary of parcel number 1311405, all as shown on the said Appraisal Map. be, and hereby are, 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 rights-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 rights-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 rights-of-way of any such municipal installation or other utility or facility by the owner thereof. 61 BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described portions of 20th Street and Westport Avenue, providing for all necessary easements for utilities, both public and private, and properly dividing the vacated rights-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 one (1) year 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 rights-of-way on all maps and plats on file in his office on which said rights-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER 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 Cox Cable Roanoke, Inc., and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk V~ce M yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30647-82691. AN ORDINANCE authorizing the temporary closure by barricade of a certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to temporarily-- close by barricade the public right-of-way described hereinafter, has~ been filed; and ~ WHEREAS, the Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on August 12, 1991, after due and timely notice thereof as required by S30-14, 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 temporary 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 temporarily closing said public right-of-way, and that such closing will promote the safety and welfare of those using rights-of-way in the vicinity of the right-of-way to be temporarily closed. THEREFORE, BE IT ORDAINED by the Council of the City of~ Roanoke, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain portion of Maitland Avenue, N. W., between Williamson Roanoke and Woodbury Street, N. W. be, and it hereby is, temporarily closed to through traffic, by barricade as described in said Petition, for a period of six (6) months, said period to commence from the date of installation of said barricade. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30648A-82691. AN ORDINANCE amending S36.1-25, Definitions; subsection (3) of S36.1-52, Permitted uses; ~36.1-52, Permitted uses, by the addition of new subsection (10); subsection (4) of ~36.1-71, Permitted uses; ~36.1- 72, Special exception uses, by the addition of new subsections (10) and (11); subsection (4) of §36.1-89, Permitted uses; S36.1-90, Special exception uses, by the addition of new subsections (13) and (14); subsection (5) of ~36.1-107, Permitted uses; ~36.1-108, Special exception uses, by the addition of new subsections (12) and (13); subsection (7) of ~36.1-126, Permitted uses; ~36.1-127, Special exception uses, by the addition of new subsections (8), (9) and (10); S36.1-146, Special exception uses, by the addition of new subsections (5), (6) and (7); subsection (7) of ~36.1-164, Permitted uses; subsection (11) of ~36.1-185, Permitted uses; subsection (7) of ~36.1- 206, Permitted uses; subsection (8) of ~36.1-227, Permitted uses; S36.1- 249, Permitted uses, by the addition of new subsection (26); subsection (6) of ~36.1-270, Permitted uses; ~36.1-270, Permitted uses, by the addition of new subsection (8); subsection (a) of ~36.1-412, TemDorar¥ buildinqs~ structures and construction dumpsters; ~36.1-412, Temporary buildinqs, structures and construction dumpsters, by the addition of subsection (c); subsection (a) of S36.1-435, Parkinq of commercial vehicles; subsection (f) of §36.1-531, General requirements; §36.1-576, Submission procedures; comprehensive development plan, by the addition of new subsection (d); subsection (a) of §36.1-690, General authority and procedure; subsection (b) of ~36.1-691, Planninq commission action; and subsection (d)(3) of S36.1-710, Fees generally, of the Code of the City of Roanoke (1979), as amended, such amendments and additions relating to the definition of family, mobile home, manufactured home, fast food restaurant, restaurant, boarding or rooming house, hotel, motel or inn, a manufactured home as a permitted use in the RA, Residential Agriculture District, radio and television transmitters in the LM, Light Manufacturing District, and the HM, Heavy Manufacturing District, fire stations, police stations and elementary schools as special exception uses in residential districts, bus depots and repair facilities as permitted uses in the HM, Heavy Manufacturing District, temporary construction dumpsters, accessory columbarims with churches, synagogues and other places of worship as permitted uses in residential and commercial districts, parking of commercial vehicles, accessory structures, submission procedures for comprehensive plans of development, general authority and procedure for filing of an application for a zoning map amendment, notice of hearings before the Planning Commission, and fees for review of a comprehensive plan of development. BE IT ORDAINED by the Council of the City of Roanoke that ~36.1-25, Definitions; subsection (3) of ~36.1-52, Permitted uses; S36.1-52, Permitted uses, by the addition of new subsection (10); subsection (4) of S36.1-71, Permitted uses; ~36.1-72, Special exception-- uses, by the addition of new subsections (10) and (11); subsection (4) of ~36.1-89, Permitted uses; ~36.1-90, Special exception uses, by the__' addition of new subsections (13) and (14); subsection (5) of ~36.1-107, Permitted uses; S36.1-108, Special exception uses, by the addition of new subsections (12) and (13); subsection (7) of ~36.1-126, Permitted uses; ~36.1-127, Special exception uses, by the addition of new subsections (8), (9) and (10); ~36.1-146, Special exception uses, by the addition of new subsections (5), (6) and (7); subsection (7) of ~36.1- 164, Permitted uses; subsection (11) of S36.1-185, Permitted uses; subsection (7) of ~36.1-206, Permitted uses; subsection (8) of ~36.1- 227, Permitted uses; ~36.1-249, Permitted uses, by the addition of new subsection (26); subsection (6) of ~36.1-270, Permitted uses; S36.1-270, Permitted uses, by the addition of new subsection (8); subsection (a) of ~36.1-412, Temporary buildings, structures and construction dumpsters; ~36.1-412, Temporary buildings, structures and construction dumpsters, by the addition of subsection (c); subsection (a) of ~36.1-435, Parking of commercial vehicles; subsection (f) of ~36.1-531, General requirements; S36.1-576, Submission procedures; comprehensive development plan, by the addition of new subsection (d); subsection (a) of ~36.1-690, General authority and procedure; subsection (b) of ~36.1- 691, Planning commission action; and subsection (d)(3) of ~36.1-710, Fees generally, of the Code of the City of Roanoke (1979), as amended, be, and are hereby, amended and reordained to read and provide as follows: ~36.1-25. Definitions. For the purpose of this chapter certain terms and words used herein shall be defined as follows: * * * Boarding or rooming house: A building or portion thereof, which no more than six (6) persons reside for compensation on a weekly, monthly or longer basis. Such persons may share common kitchen or bathroom facilities. Dwelling: Any building designed to be used for residential purposes, and including the following specific types: (2) Mobile home: A structure, transportable in one or more sections, not subject to federal regulations and constructed prior to June 15, 1976, which is constructed on a chassis for towing to the point of use and designed to be used, with or without permanent foundation, for continuous year- round occupancy as a single family dwelling when connected to the required utilities. (6) Manufactured home: A structure, transportable in one or more sections, subject to federal regulations and constructed after June 15, 1976, which is constructed on a chassis for towing to the point of use, and is not less than nineteen (19) feet in width when assembled, and is set up on a permanent foundation on an individual lot for continuous year-round occupancy as a single family dwelling when connected to the required utilities. Family: One or more persons occupying a single dwelling unit and living and cooking together as a single housekeeping unit. The word shall not be construed to mean more than four (4) persons unrelated by blood, marriage or adoption. The above notwithstanding, up to and including eight (8) mentally ill, mentally retarded or developmentally disabled persons who reside with one or more resident counselors or other staff persons in a facility for which the Department of Mental Health, Mental Retardation, and Substance Abuse Services is the licensing authority pursuant to the Virginia Code, may constitute a family. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in S54.1-3401 of the Code of Virginia (1950), as amended. Fast food restaurant: An establish- ment engaged in the preparation of food in- tended to be consumed primarily off the pre- mises which includes take-out or delivery service or a drive-through window as a major component of its operation. Hotelt motelt or inn: An establish- ment primarily engaged in the rental of rooms to seven (7) persons or more on a daily, weekly, monthly or longer basis. Restaurant: An establishment en- gaged in preparing and serving food and bever- ages for consumption primarily on the premises which may include take-out service or a drive- through window as an incidental component of its operation. S36.1-52. Permitted uses. permitted district: The following uses shall be as principal uses in the RA (3) places of columbariums. Churches, synagogues and other worship, including accessory (10) Manufactured home. S36.1-71. Permitted uses. The following uses shall be permitted as principal uses in the RS-1 and RS-2 districts: (4) places of columbariums. Churches, synagogues and other worship, including accessory S36.1-72. Special exception uses. The following uses may be permitted in the RS-1 and RS-2 districts by special exception granted by the board of zoning appeals subject to the requirements of this section: (a) Uses permitted by special exception in the RS-1 and RS-2 districts: (10) Fire stations. (11) Police stations. S36.1-89. Permitted uses. The following permitted as principal district: uses shall be uses in the RS-3 (4) places of columbariums. Churches, synagogues and other worship, including accessory ~36.1-90. Special exception uses. The following uses may be permitted in the RS-3 district by special exception granted by the board of zoning appeals subject to the requirements of this section: 68 (13) Fire stations. (14) Police stations. S36.1-107. Permitted uses. permitted district: The following uses shall be principal uses in the RM-1 (5) places of columbariums. Churches, synagogues and other worship, including accessory S36.1-108. Special exception uses. (12) Fire stations. (13) Police stations. ~36.1-126. Permitted uses. permitted district: The following uses shall be as principal uses in the RM-2 (7) places of columbariums. Churches, synagogues and other worship, including accessory ~36.1-127. Special exception uses. The following uses may be permitted in the RM-2 district by special exception granted by the board of zoning appeals subject to the requirements of this section: schools. (8) Fire stations. (9) Police stations. (10) Elementary and secondary S36.1-146. Special exception uses. The following uses may be permitted in the RM-3 and RM-4 districts by special exception granted by the board of zoning appeals subject to the requirements of this section: * * * (5) Elementary and secondary schools. (6) Fire stations. (7) Police stations. S36.1-164. Permitted uses. The following listed uses shall be permitted as principal uses in the CN district. Unless otherwise stated, the maximum gross ground floor area (the "footprint") of any new structure shall be five thousand (5,000) square feet: (7) places of columbariums. Churches, synagogues and other worship, including accessory S36.1-185. Permitted uses. permitted district: The following uses shall be as principal uses in the C-1 (11) Churches, synagogues and other places of worship, including accessory columbariums. S36-1-206. Permitted uses. permitted district: The following uses shall be as principal uses in the C-2 (7) places of columbariums. Churches, synagogues and other worship, including accessory ~36.1-227. Permitted uses. permitted district: The following uses shall be as principal uses in the C-3 (8) places of columbariums. Churches, synagogues and other worship, including accessory ~36.1-249. Permitted uses. permitted district: The following uses as principal uses shall be in the LM 71 (26) Radio transmitters. and television S36.1-270. Permitted uses. permitted district: The following uses shall be as principal uses in the HM (6) Tractor trailer and bus depots and repair facilities. (8) Radio and transmitters. television S36.1-412. Temporary buildings, structures, and construction dumpsters. (a) Temporary buildings, structures or construction dumpsters may be permitted in any district in connection with and on the site of building and land development or redevelopment, including but not limited to, grading, paving, installation of utilities, building construction and the like, and such buildings or structures may include offices, construction trailers or construction dumpsters, storage buildings, and signs provided that no such permit shall be for a period of no more than six (6) months, renewable by the zoning administrator for additional periods of not more than six (6) months each. (c) In all districts, the following requirements shall be applicable: (1) No construction dumpster may impede pedestrian or vehicular 72 access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic; (2) Every construction dumpster shall clearly identify the owner of such dumpster and telephone number and shall be clearly labelled for purpose of containment of construction materials only; (3) Every construction dumpster shall be routinely emptied so as to not create an unsightly or dangerous condition on the property resulting from the deposit, existence and accumulation of construction materials. S36.1-435. Parkinq of commercial vehicles. (a) No commercial vehicle exceeding three-quarter (3/4) ton gross weight shall be parked or left standing in a residential district for more. than two (2) hours at any time except for: (1) School buses and emergency vehicles; (2) Vehicles being loaded or unloaded; (3) Vehicles belonging to or used by the occupant of a business premises, when the premises constitute a lawfully existing use; (4) Vehicles, the occupants of which are actually engaged in work on the premises; and 73 (5) Vehicles being used in connection with utility or street work. S36.1-531. General requirements. (f) Accessory structures may be located no closer than five (5) feet to a rear or side lot line, and driveways may be located up to or on the front lot line, except for the following: (1) Driveways may be located up to or on the side or rear lot line; (2) Fences or walls may be located within six (6) inches to a side or rear lot line; (3) Pools, tennis courts and other similar uses shall adhere to the yard requirements of the principal building. S36.1-576. Submission procedures; comprehensive development plan. (d) The agent may require that a comprehensive development plan be prepared by an engineer, architect, land surveyor or landscape architect who is licensed by the Commonwealth of Virginia. ~36.1-690. General authority and procedure. (a) Whenever public necessity, convenience, general welfare or good zoning practice require, the city council may amend, 74 supplement, or change this chapter, including the schedule of district regulations and the official zoning map. Any such amendment may be initiated by resolution of the city council, by motion of the planning commission, or by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject of the proposed zoning map amendment. * * * S36.1-691. Planning Commission action. (b) Prior to making recommendations on any proposed amendment of district zoning classifications, the planning commission shall conduct a public hearing on such proposal, after notice of such hearing is given pursuant to S36.1-693 of this chapter. ~36.1-710. Fees generally. (d) For each particular matter hereinafter set out, the following fees shall be payable, upon application. For the purpose of determining fees, where a tract involves a fraction of an acre, said fraction shall be calculated as an acre. * * * 75 (3) Comprehensive development plan review... $100.00 per acre APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30671-82691. A RESOLUTION authorizing the City Manager to apply for a loan of federal funds in the amount of $6,000,000 pursuant to the provisions of Part 570, Chapter V, Title 24, Code of Federal Regulations, to execute any and all documents necessary to secure such loan for the City, to negotiate the terms and conditions of such loan, and to negotiate the investment of such funds in the Hotel Roanoke project. 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 apply to the United States Department of Housing and Urban Development for a loan of federal funds in the amount of $6,000,000 pursuant to the provision of Part 570, Chapter V, Title 24, Code of Federal Regulations, on terms and conditions as more specifically set forth in a report to Council from the City Manager dated August 21, 1991, and to execute any and all documents on behalf of the City necessary to make application for such loan. 2. The City Manager is hereby authorized to negotiate the final terms of the loan, including the loan amount, term, rate and collateral with the United States Department of Housing and Urban Development, such final terms being subject to approval of this Council. 3. The City Manager is hereby authorized to negotiate with the owners of the Hotel Roanoke the terms and conditions of the investment of the federal fund loan proceeds in the Hotel Roanoke project, the final agreement as to investment of the funds being subject to the approval of this Council. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30672-82691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Magnet School 1991-92 (1-34) ......................... $21,195,312.00 1,414,555.00 Revenue Education $21,195,312.00 Magnet School 1991-92 (35) ........................... 1,414,555.00 1) Teachers (035-060-6980-6007-0121) $ 2) Coordinator (035-060-6980-6007-0124) 3) Health Insurance (035-060-6980-6007-0128) 4) Social Security (035-060-6980-6007-0201) 5) State Retirement (035-060-6980-6007-0202) 6) State Group Life Insurance (035-060-6980-6007-0205) 7) Local Travel (035-060-6980-6007-0551) 8) Teachers (035-060-6980-6107-0121) 72,332.00 30,313.00 7,652.00 7,853.00 16,967.00 1,048.00 1,100.00 103,832.00 77 9) Health Insurance 10) Social Security 11) State Retirement 12) State Group Life Insurance 13) Director 14) Health Insurance 15) Curriculum Development 16) Other Professional Salaries 17) Clerical 18) Social Security 19) State Retirement 20) State Group Life Insurance 21) Indirect Costs 22) Contracted Services 23) Printing 24) Advertising 25) Administrative Travel 26) Conference Travel 27) Evaluation Services 28) Textbooks 29) Instructional Supplies 30) Equipment 31) Curriculum Development 32) Textbooks 33) Supplies 34) Equipment 35) Federal Grant Receipts (035-060-6980-6107-0128) $ 7,652.00 (035-060-6980-6107-0201) 7,944.00 (035-060-6980-6107-0202) 17,164.00 (035-060-6980-6107-0205) 1,059.00 (035-060-6980-6207-0114) 51,665.00 (035-060-6980-6207-0128) 5,739.00 (035-060-6980-6207-0129) 22,670.00 (035-060-6980-6207-0138) 30,000.00 (035-060-6980-6207-0151) 14,700.00 (035-060-6980-6207-0201) 8,980.00 (035-060-6980-6207-0202) 17,929.00 (035-060-6980-6207-0205) 2,044.00 (035-060-6980-6207-0212) 23,640.00 (035-060-6980-6207-0311) 7,000.00 (035-060-6980-6207-0351) 32,740.00 (035-060-6980-6207-0361) 71,710.00 (035-060-6980-6207-0551) 1,200.00 (035-060-6980-6207-0554) 676.00 (035-060-6980-6207-0584) 15,000.00 (035-060-6980-6207-0613) 178,663.00 (035-060-6980-6207-0614) 129,802.00 (035-060-6980-6207-0822) 179,459.00 (035-060-6980-6307-0129) 15,200.00 (035-060-6980-6307-0613) 17,466.00 (035-060-6980-6307-0614) 262,356.00 (035-060-6980-6307-0822) 51,000.00 (035-060-6980-1102) 1,414,555.00 BE IT FURTHER ORDAINED that, an Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk emergency existing, this Vice-Mayor 78 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30673-82691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration Forfeited Criminal Assets (1-5) ..................... $470,139.00 25,000.00 Revenue Judicial Administration Forfeited Criminal Assets (6) ....................... $470,139.00 25,000.00 1) Administrative Supplies 2) Expendable Equipment < $500 3) Training and Development 4) City Information Systems 5) Furniture and Equipment 6) Forfeited Criminal Assets (035-026-5140-2030) $ 2,000.00 (035-026-5140-2035) (035-026-5140-2044) (035-026-5140-7005) (035-026-5140-9005) (035-035-1234-7107) 3,000.00 7,000.00 3,000.00 10,000.00 25,000.00 79 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30674-82691. AN ORDINANCE approving the loan of Community Development Block Grant (CDBG) funds to individuals in connection with the City's Home Purchase Assistance Program, authorizing the City Manager to execute documents providing for the assignment of certain options to those individuals, authorizing the City Manager to execute documents approved as to form by the City Attorney necessary to implement and administer the loans, including Construction Disbursement Agreements, authorizing the City Attorney and Director of Finance to serve as trustees with regard to the related deed of trust securing the notes for the loans, authorizing the City Manager to execute certificates of satisfaction upon full payment and satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke; and providing for an emergency. WHEREAS, Council has previously approved the concept of the Home Purchase Assistance Program in which the City will provide loans for purchase, closing costs and additional property rehabilitation from CDBG funds to low-moderate income households agree to buy and repair certain identified substandard housing, contingent upon approval by the Virginia Housing Development Authority (VHDA) of State rehabilitation loans, or other rehabilitation financing. WHEREAS, Council has previously authorized the execution of certain option agreements in connection with the Home Purchase Assistance Program. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to loan CDBG funds in connection with the City's Home Purchase Assistance Program to the individuals identified in the City Manager's report dated August 26, 1991, upon the terms and conditions set forth therein. 80 2. The City Manager is hereby authorized to execute documents, upon form approved by the City Attorney, providing for the-- assignment of certain options to Tessa Lynette Leak and to Lewis J. Lambert, Jr., and Kathy R. Lambert, as set forth in the report of the City Manager dated August 26, 1991. 3. The City Manager is hereby authorized for and on behalf of the City to execute documents approved as to form by the City Attorney necessary to implement and administer the loan, including a Construction Disbursement Agreement, in connection with the Home Purchase Assistance Program loans to be made to Tessa Lynette Leak, which loan amount shall not exceed $20,500.00 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 1231 Hanover Avenue, N. W., and to lewis J. Lambert, Jr., and Kathy R. Lambert, which loan amount shall not exceed $14,800.00, for the purchase price, closing costs, attorney fees and rehabilitation of the property at 806 Rorer Avenue, S. W., all of which is in accordance with the recommendations contained in the City Manager's report dated August 26, 1991. 4. To secure payment of the loan of CDBG funds made under the Home Purchase Assistance Program and performance by the loan recipients, each recipient shall execute a deed of trust and deed of trust note, which documents shall be approved as to form by the City Attorney. 5. Wilburn C. Dibling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance (hereinafter "Trustees"), are hereby__ authorized to serve as Trustees for and on behalf of the City as beneficiary. 6. Pursuant to S26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason whatsoever to appoint a substitute trustee or trustees. 7. Upon payment or full satisfaction of the debt secured by the deeds of trust and delivery of the cancelled deed of trust notes to the person or persons by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. 81 8. In order to provide for 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. A P P ROVE D ATTEST: Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA City Clerk The 26th Day of August, 1991. No. 30675-82691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDropriations Capital Outlay from Revenue $3,864,301.00 Carvins Cove Improvements (1) ......................... 2,009,400.00 Revenue Revenue Bonds Receivable (2) .......................... $2,009,400.00 1) Appropriations from General Revenue (002-056-8353-9003) $2,009,400.00 2) Revenue Bonds Receivable (002-1258) 2,009,400.00 82 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. APPROVED this~ ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30676-82691. A RESOLUTION authorizing the execution of a contract with Mattern and Craig, Inc. to provide engineering services for Phase I of the Carvins Cove Improvement Project. 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 and Craig, Inc., for the provision by such firm of engineering services for Phase--- I of the Carvins Cove Improvement Project, as more particularly set forth in the August 26, 1991, report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $1,969,400.00. 3. The form of the contract with such firm shall be approved by the City Attorney. APPROVED ATTEST City Clerk Vice-Mayor 83 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30678-82691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Parks Maintenance (1) .............................. $19,712,568.00 3,003,103.00 Revenue Grants-in-Aid Commonwealth $52,108,992.00 Other Categorical Aid (2) .......................... 12,839,550.00 1) Furniture and Equipment 2) Computerized Tree Management (001-050-4340-9005) (001-020-1234-0667) $4,995.00 4,995.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk Vice-Mayor 84 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30679-82691. A RESOLUTION authorizing the acceptance of an "America the Beautiful" Grant made to the City by the Virginia Department of Forestry to be used for development of a computerized tree management program. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Forestry of a grant of funds in the amount of $4,995.23 to be used with a local cash match in the same amount to purchase urban forestry software to implement development of a computerized tree management program as more particularly set out in the report of the City Manager dated August 26, 1991. 2. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth conditions of such grant, and are further directed to furnish such additional information as may be required by the Virginia Department of Forestry in connection with the City's acceptance of the grant and implementation of the program. __ ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30680-82691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained read as follows, in part: 85 Appropriations Public Safety Police Investigation (1) ............................ Nondepartmental Contingency - General Fund (2) ...................... $29,234,459.00 2,688,582.00 12,000,252.00 338,922.00 1) Furniture and Equipment 2) Contingency (001-050-3112-9005) (001-002-9410-2199) $ 14,755.00 (14,755.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk A P P R O V E D Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30682-82691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges 2nd Street/Gainsboro/Wells Avenue (1) ............. Fifth Street Bridge Replacement (2) ............... Brandon Avenue Widening (3) ....................... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (4) ........ $ 8,945,213.00 4,293,752.00 29,500.00 10,000.00 (7,658,292.00) 789,037.00 86 Revenue Due from State - 2nd Street (5) ................... $ 2,516,850.00 1) Appropriation from State Funds 2) Appropriation from Bond Funds 3) Appropriation from Bond Funds 4) Streets and Bridges 5) Due from State - 2nd Street (008-052-9547-9001) $ 1,224,000.00 (008-052-9599-9001) (008-052-9638-9001) (008-052-9603-9181) (008-1233) 10,000.00 10,000.00 44,000.00) 1,200,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30683-82691. A RESOLUTION authorizing a contract between the City and Institutional Treasury Management, Incorporated ("ITM"), by which ITM agrees to provide short term cash management services on behalf of the City. follows: BE IT RESOLVED by the Council of the City of Roanoke as 1. The Director of Finance and the City Treasurer are hereby authorized, for and on behalf of the City, to enter into a written contract between the City and Institutional Treasury Management, Incorporated ("ITM"), by which ITM agrees to provide short term cash management services on behalf of the City. 87 2. Any and all investments made by ITM with City funds shall be pursuant to and consistent with the investment policy of City Council established by S2-179, Code of the City of Roanoke (1979), as amended. 3. Such contract shall be terminable upon 30 day's written notice of the City to ITM. 4. Any fees to be paid to ITM in consideration of its services shall be as set forth in the contract between the City and ITM attached to and incorporated by reference in the report of the Director of Finance and City Treasurer, dated August 26, 1991. 5. The form of the contract between the City and ITM shall be approved by the City Attorney. AP P ROVE D ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30684-82691. AN ORDINANCE accepting the bid of H. & S. Construction Company, of Roanoke, Virginia, for certain improvements to Towne Square Boulevard and Airport Road, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H. & S. Construction Company, of Roanoke, Virginia, in the total amount of $95,468.91, for certain improvements to Towne Square Boulevard and Airport Road, as more particularly set forth in the August 26, 1991 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. 88 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each-- such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30685-82691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks and Recreation Grandin Court Recreation Center (1) ................ Capital Improvement Reserve Public Improvement Bonds Series 1988 (2) ........... 846,000.00 54,000.00 (7,660,992.00) 779,037.00 1) Approp. from Bonds 2) Parks (008-050-9677-9001) (008-052-9603-9180) $ 54,000.00 (54,000.00) 89 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30686-82691. AN ORDINANCE accepting the bid of Williams Painting and Remodeling, Inc. for performing alterations and additions to Grandin Court Recreation Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Williams Painting and Remodeling, Inc. made to the City in the total amount of $49,000.00 for performing alterations and additions to Grandin Court Recreation Center, 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. 90 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this--. ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30687-82691. RESOLUTION cancelling the regularly scheduled meeting of City Council on December 16, 1991. WHEREAS, a majority of the members of City Council will be in__ attendance at the National League of Cities Conference to be held December 12 through 16, 1991; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The regular meeting of City Council scheduled for Monday, December 16, 1991, is hereby cancelled. 2. The City Clerk shall take appropriate action to advise the public of the cancellation of such meeting. ATTEST: City Clerk A P P ROVE D Vice-Mayor 91 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30688-82691. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on December 12 through 16, 1991, and any Business Meetings in connection with such Conference, the Honorable Noel C. Taylor, Mayor, and the Honorable Howard E. Musser, Vice-Mayor, are hereby designated Voting Delegate and Alternate Voting Delegate, respectively. 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: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30689-82691. A RESOLUTION appointing a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill a four-year term and waiving the requirement of City residency. WHEREAS, the Council is advised that the term of Mrs. Jo Anne Justis, a Commissioner of the City of Roanoke Redevelopment and Housing Authority, expired on August 31, 1991; and WHEREAS, the Council desires to retain the valuable services of Mrs. Justis as a Commissioner and to waive the requirement of City residency set out in S2-281(b), Code of the City of Roanoke (1979), as amended; 92 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Mrs. Jo Anne Justis is reappointed a Commissioner of the--~ Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority for a term of four years commencing September 1, 1991, and .... expiring August 31, 1995, and the requirement of City residency set forth in S2-281(b), Code of the City of Roanoke (1979), as amended, is hereby waived, Council having found specific reasons and unusual circumstances justifying such waiver. ATTEST: City Clerk AP P ROVE D Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30690-82691. AN ORDINANCE granting to Jefferson Center Foundation a__ revocable license to enter upon City property, for the purpose of performing preliminary architectural and engineering studies, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Jefferson Center Foundation be granted a license, revocable at the option of the City, to enter the Jefferson High School Building located at 540 Campbell Avenue, S. W., and adjacent property for the purpose of performing preliminary architectural and engineering studies. 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, a license agreement for the above purpose with Jefferson Center Foundation, upon certain terms and conditions as are deemed appropriate by the City Manager and in accordance with the recommendations contained in the report of the City Manager dated August 26, 1991, said agreement to be in such form as is approved by the City Attorney. 93 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 City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of September, 1991. No. 30677-90991. the City and construction. AN ORDINANCE authorizing the Northwest Recreation Club to construct a permanent structure at Westside Elementary School ballfield, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Northwest Recreation Club is hereby authorized to construct a permanent restroom, concession and storage structure at Westside Elementary School ballfield, in such location, and of such materials and design as may be approved by the City Manager and the Superintendent of Schools. 2. This authorization is subject to approval by the School Board of the City of Roanoke and is further 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 all required permits from the Building Commissioner. The Northwest Recreation Club shall give prior notice to School Administration of its intention to commence 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. 94 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. 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, the School Board of the City of Roanoke, and their respective officers, agents and employees, from any and all claims, legal actions, judgments and expenses which may be incurred in this regard, arising out of the construction, maintenance or 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 eighteen (18) months of the date of this ordinance, authorization to construct such structure shall be revoked, and the Northwest Recreation Club shall remove all materials and equipment from the site. 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, 1991. No. 30681-90991. AN ORDINANCE authorizing the appropriate City officials to enter into a written amendment to the Lease Agreement dated August 1, 1989 with Virginia Polytechnic Institute and State University, for premises located at 111-117 Church Avenue, S.W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the-~ 95 City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City, a written amendment to the lease agreement dated August 1, 1989 with Virginia Polytechnic Institute and State University ("VPI & SU"), for the premises located at 111-117 Church Avenue, providing for an extension of the terms of the lease for a period of two (2) years, terminating on July 31, 1994, and providing for use by VPI & SU of the adjacent City School property, upon certain terms and conditions as more specifically set forth in a report to this Council dated August 26, 1991, such lease to remain in full force and effect as to all other provisions thereof, and such amendment to be in form as is approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of September, 1991. No. 30693-90991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADpropriations Community Development $ Emergency Home Repair Grant (1) ................... 29.921.00 16,350.00 96 Revenue Community Development $ Emergency Home Repair Grant (2) ................... 29,921.00 16,350.00 1) Emergency Home Repair 2) State Grant Revenue (035-052-5114-5168) (035-035-1234-7106) $16,350.00 16,350.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, 1991. No. 30694-90991. A RESOLUTION authorizing the City Manager or his designee execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program; authorizing the City Manager or his designee to execute an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for the cooperative administration of the Emergency Home Repair Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized to execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program, as more particularly set forth in the City Manager's report of September 9, 1991, to City Council. providing for the cooperative administration Repair Program, as requested in the City September 9, 1991, to City Council. 2. The City Manager or his designee and the City Clerk are hereby authorized to execute and to seal and attest, respectively, an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., of the Emergency Home Manager's report of 97 3. The form of the aforesaid agreement and contract shall be approved by the City Attorney. AP P ROVE D City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of September, 1991. No. 30695-90991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY 90-91 $2,122,009.00 Drug and Alcohol Abuse Council (1-2) .............. 40,000.00 1) Fees for Professional Services 2) Temporary Employee Wages (035-090-9039-2010) (035-090-9039-1004) $ 12,000.00 (12,000).00 98 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this APPROVED ATTE ST ~ ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, 1991. No. 30696-90991. A RESOLUTION authorizing the City Manager to enter into a contract with the Roanoke Valley Trouble Center, Inc. ("TRUST") to provide coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that 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, the requisite contract, with the Roanoke Valley Trouble Center, Inc. ("TRUST") to provide coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council, for a total amount of $12,000.00, such services being more particularly set forth in report of the City Manager dated September 9, 1991, said contract shall be in form approved by the City Attorney. ATTEST: City Clerk AP P ROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of September, 1991. No. 30697-90991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 Roanoke that certain sections of the Appropriations, be, and the same are hereby, read as follows, in part: Council of the City of 1991-92 General Fund amended and reordained to Appropriations Health and Welfare Income Maintenance (1-6) ........................... Services (7-12) .................................... Employment Services (13-18) ........................ Nondepartmental Contingency - General Fund (19) .................... $19,267,115.00 4,512,488.00 12,253,736.00 78,020.00 12 ,004,575.00 343,245.00 Revenue Grants-in-Aid Commonwealth $52 Welfare (20-22) .................................... 8 1) Salaries 2) Retirement 3) F.I.C.A. 4) Hospital Insurance 5) Dental Insurance (001 6) Life Insurance (001 7) Salaries (001 8) Retirement (001 9) F.I.C.A. (001 10) Hospital Insurance (001 11) Dental Insurance (001 12) Life Insurance (001 13) Salaries (001 14) Retirement (001 15) F.I.C.A. (001 16) Hospital Insurance (001 17) Dental Insurance (001 18) Life Insurance (001 (001-054-5313-1002) $ 24 (001-054-5313-1105) 3 (001-054-5313-1120) 1 (001-054-5313-1125) 2 ,428.00 ,027.00 ,868.00 ,904.00 -054-5313-1126) 192.00 -054-5313-1130) 178.00 -054-5314-1002) 14,914.00 -054-5314-1105) 1,848.00 -054-5314-1120) 1,141.00 -054-5314-1125) 1,452.00 -054-5314-1126) 96.00 -054-5314-1130) 109.00 -054-5316-1002) 44,742.00 -054-5316-1105) 5,543.00 -054-5316-1120) 3,423.00 -054-5316-1125) 4,356.00 -054-5316-1126) $ 288.00 -054-5316-1130) 326.00 ,204,400.00 ,281,630.00 100 19) Contingency 20) Public Assistance Administration 21) Employment Services 22) Direct Services (001-002-9410-2199) (001-020-1234-0676) (001-020-1234-0681) (001-020-1234-0685) (10,432.00) 26,077.00 58,678.00 15,648.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor The 9th Day of September, 1991. No. 30698-90991. AN ORDINANCE to amend and reordain certain sections of the-~ 1991-92 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the MunicipalS- Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay from Revenue $ 2,997,717.00 Carvins Cove Improvements Phase II (1) ............. 1,142,816.00 Revenue Revenue Bonds Receivable (2) ....................... $ 1,142,816.00 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA 101 1) Approp. from Bonds (002-056-8364-9001) $ 1,142,816.00 2) Revenue Bonds Receivable (002-1258) (1,142,816.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ~~ ~'ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, 1991. No. 30699-90991. A RESOLUTION authorizing the execution of a contract with Dewberry & Davis to provide engineering services for Phase II of the Carvins Cove Improvements, 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, an agreement with Dewberry & Davis for the provision by such firm of engineering services for Phase II of the Carvins Cove Improvements, as more particularly set forth in the September 9, 1991, report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $1,072,816.00. 102 3. The form of the contract with such firm shall be approved__ by the City Attorney. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of September, 1991. No. 30700-90991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $1,248,528.00 Federal Investigation Subsidy (1) ................... 474,412.00 Revenue Public Safety $1,248,528.00 Federal Investigation Subsidy (2) ................... 474,412.00 1) Investigations and Rewards 2) Federal Investigation Subsidy (035-050-3300-2150) (035-035-1234-7060) $167,848.00 167,848.00 103 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk AP P ROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, 1991. No. 30701-90991. A RESOLUTION supporting continuation of the Community Development Block Grant ("CDBG") Program with appropriate increases in funding. WHEREAS, the Community Development Block Grant ("CDBG") Program, which began in 1975, is the final remnant of a once proud and effective partnership between the Federal government and the nation's cities; WHEREAS, as an entitlement community, this City's CDBG funding has varied from a high of approximately $2.6 million in Fiscal Year 1980-1981 to a low of approximately $1.5 million in Fiscal Year 1988- 1989; WHEREAS, the City's entitlement for Fiscal Year 1991-1992 is $1,767,000 and, with this entitlement and program income, approximately $11.5 million worth of projects will be undertaken; WHEREAS, with its CDBG entitlement, during this fiscal year, the City will rehabilitate 100 to 120 homes and create approximately 270 jobs; and WHEREAS, the City's CDBG Program funds 45 to 50 individual projects annually including housing rehabilitation, job creation, the Roanoke Neighborhood Partnership, planning activities, mini-grants for neighborhoods and community services, such as drug abuse prevention and treatment activities; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The United States Congress is urged to continue the CDBG Program with appropriate increases in funding. 104 2. The City Clerk is directed to forward attested copies of this resolution to the Honorable John W. Warner, United States Senate, the Honorable Charles S. Robb, United States Senate, and the Honorable Jim Olin, House of Representatives. A P PRO V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, 1991. No. 30702-90991. A RESOLUTION cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, October 7, 1991, at 2:00 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the Virginia Municipal League Annual Conference scheduled to be held on October 6 through 8, 1991, in Roanoke, Virginia, which a majority of the members of City Council desire to attend, theM meeting of the City Council regularly scheduled for Monday, October 7, 1991, at 2:00 p.m., in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W., is hereby CANCELLED. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of such cancellation. APPROVED ATTEST: City Clerk Mayor 105 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, 1991. No. 30703-90991. A RESOLUTION -designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held in Roanoke, Virginia, on October 6 through 8, 1991, Mayor Noel C. Taylor and Vice-Mayor Howard E. Musser are hereby designated Voting Delegate and Alternate Voting Delegate, respectively. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 1991 Annual Conference, Mayor Taylor and Vice-Mayor Musser shall also serve as Voting Delegate and Alternate Voting Delegate, respectively, and W. Robert Herbert, City Manager, shall be designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. ATTEST: City Clerk APPROVED 106 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of September, 1991. No. 30691-92391. AN ORDINANCE permanently, vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Mary Louise Stotler has 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, which after giving proper notice to all concerned as required by S30-14, 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. WHEREAS, a public hearing was held on said application by the City Council on September 9, 1991, after due and timely notice thereof as required by S30-14, 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 sa~d 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, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A 50' wide portion of Gregory Avenue, N. E., between Cherokee Street, N. E., and Rhodes Avenue, N. E., all as shown on Sheet Number 305 of the Appraisal Map of the City of Roanoke. be, and hereby is, 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 thei1 public of cable television, electricity, natural gas or telephone--~ service, an easement for sewer and water mains, television cable, 107 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 providing to the City an approved subdivision plat, providing for the disposition of the land within the vacated right-of-way and providing for any and all necessary easements for utilities, both PUblic and private, 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 one (1) year from the effective date of this ordinance, this ordinance shall be come 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 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 or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER 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 Mary Louis Stotler, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk Mayor 108 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of September, 1991. No. 30692-92391. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 431 Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District to C-l, Office District, subject to certain conditions proffered by the Petitioner; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, 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 petition at its meeting on September 9, 1991, 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 petition, 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. WHEREFORE, 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. 431 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as three parcels of land lying on the southeast corner of the intersection of Dale Avenue, S. E., and 21st Street, S. E., designated on Sheet No. 431 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4310901, 4310903 and 4310904, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District to C-i, Office District, subject to those conditions proffered by and set forth in the First Amended Petition to Rezone filed 109 in the Office of the City Clerk on July 29, 1991, and that Sheet No. 431 of the Sectional 1976 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 September, 1991. No. 30704-92391. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Education Instruction (1-6) ............................... Facilities (7-9) ................................ Other Uses of Funds (10) ........................ $ 48,574,439.00 907,302.00 1,071,349.00 Fund Balance CMERP (11) ...................................... $ 1,239,150.00 110 Grant Fund Appropriations Education Chapter I Winter (12-50) ......................... Chapter II 91-92 (51-67) ......................... Vocational Education Teen Mothers 91-92 (68) ..... Title IIA Licensed Practical Nursing (69) ........ Alternative Education 91-92 (70-88) .............. Perkins Act 91-92 (89-98) ........................ Artist in Education 91-92 (99-100) ............... Student Assistance Program 91-92 (101-108) ....... Mentor-Teacher Program 91-92 (109-116) ........... Drug Free Schools 91-92 (117-125) ................ 3,164,245.00 165,893.00 10,000.00 510.00 311,067.00 276,379.00 25,850.00 73,876.00 7,799.00 155,109.00 Revenue Education Chapter I Winter (126) ........................... Chapter II 91-92 (127-128) ....................... Vocational Education Teen Mothers 91-92 (129) .... Title IIA Licensed Practical Nursing (130) ....... Alternative Education 91-92 (131-132) ............ Perkins Act 91-92 (133) .......................... Artist in Education 91-92 (134-135) .............. Student Assistance Program 91-92 (136) ........... Mentor-Teacher Program 91-92 (137) ............... Drug Free Schools 91-92 (138) .................... 3,164,245.00 165,893.00 10,000.00 510.00 311,067.00 276,379.00 25,850.00 73,876.00 7,799.00 155,109.00 1) Retirement VSRS 2) Matching Funds 3) Purchased Services 4) Matching Funds 5) Matching Funds 6) Matching Funds 7) Textbooks 8) Replacement of Buses 9) Removal of Fuel Tanks 10) Transfer to Grant Fund 11) CMERP-Schools 12) Elementary Teachers 13) Coordinators 14) Teacher Aides (001-060-6001-6000-0202) (001-060-6001-6400-0588) (001-060-6001-6400-0381) (001-060-6001-6201-0588) (001-060-6001-6301-0588) (001-060-6001-6204-0588) (001-060-6004-6304-0613) (001-060-6004-6676-0808) (001-060-6004-6682-0850) (001-060-6005-6999-0911) (001-3324) (035-060-6133-6000-0121) (035-060-6133-6000-0124) (035-060-6133-6000-0141) (32,086.00) (120,567.00) ( 90,000.00) ( 4,750.00) (4,750.00) ( 4,750.00) 175,000.00 51,658.00 42,300.00 256,903.00 (268,958.00) 1,077,086.00 65,452.00 496,932.00 111 15) 16) 17) 18) 19) 2O) 21) 22) 23) 24) 25) 26) 27) 28) 29) 3O) 31) 32) 33) 34) 35) 36) 37) 38) 39) 4O) 41) 42) 43) 44) 45) 46) Social Security Retirement Health Insur. State Group Life Insur. Instructional Travel Instructional Equipment Secondary Teachers Social Security Retirement Health Insur. State Group Life Insur. Administrator Dissemination Clerical Parent Involvement Coordinator Social Security Retirement Health Insur. State Group Life Insur. Indirect Costs Service Contracts Dissemination Administrative Travel Field Trips Testing, Evaluation Parent Involvement Inservice Training Office Supplies Food Instructional Supplies Other Equipment (035-060-6133-6000-0201) (035-060-6133-6000-0202) (035-060-6133-6000-0128) (035-060-6133-6000-0205) (035-060-6133-6000-0553) (035-060-6133-6000-0821) (035-060-6133-6100-0121) (035-060-6133-6100-0201) (035-060-6133-6100-0202) (035-060-6133-6100-0128) (035-060-6133-6100-0205) (035-060-6133-6200-0114) (035-060-6133-6200-0138) (035-060-6133-6200-0151) (035-060-6133-6200-0121) (035-060-6133-6200-0123) (035-060-6133-6200-0201) (035-060-6133-6200-0202) (035-060-6133-6200-0128) (035-060-6133-6200-0205) (035-060-6133-6200-0212) (035-060-6133-6200-0332) (035-060-6133-6200-0351) (035-060-6133-6200-0553) (035-060-6133-6200-0583) (035-060-6133-6200-0584) (035-060-6133-6200-0585) (035-060-6133-6200-0129) (035-060-6133-6200-0601) (035-060-6133-6200-0602) (035-060-6133-6200-0614) (035-060-6133-6200-0821) 125,419.00 274,775.00 160,686.00 17,542.00 4,350.00 23,273.00 175,525.00 13,428.00 29,418.00 13,321.00 1,878.00 49,054.00 22,155.00 25,559.00 58,063.00 20,690.00 13,427.00 29,417.00 15,224.00 1,878.00 52,287.00 55,685.00 4,000.00 3,600.00 77,450.00 9,195.00 37,512.00 15,865.00 5,575.00 23,850.00 80,173.00 12,994.00 112 47) Nurses 48) Social Security 49) Medical Travel 50) Medical Supplies 51) Writing Lab Aide 52) Social Security 53) State Retirement 54) Health Insur. 55) State Group Life Insur. 56) Library Materials 57) Media Equip. 58) Visiting Teachers 59) Social Security 60) State Retirement 61) Health Insur. 62) State Group Life Insur. 63) Administrator, Grants and Research 64) Social Security 65) State Retirement 66) Health Insur. 67) State Group Life Insur. 68) Contracted Child Care 69) Tuition 70) Secondary Teachers 71) Coordinator 72) Teacher Aide 73) Social Security 74) State Retirement 75) Health Insur. (035-060-6133-6672-0131) (035-060-6133-6672-0201) (035-060-6133-6672-0553) (035-060-6133-6672-0605) (035-060-6231-6004-0141) (035-060-6231-6004-0201) (035-060-6231-6004-0202) (035-060-6231-6004-0128) (035-060-6231-6004-0205) (035-060-6231-6218-0613) (035-060-6231-6218-0821) (035-060-6231-6231-0123) (035-060-6231-6231-0201) (035-060-6231-6231-0202) (035-060-6231-6231-0128) (035-060-6231-6231-0205) (035-060-6231-6665-0114) (035-060-6231-6665-0201) (035-060-6231-6665-0202) (035-060-6231-6665-0128) (035-060-6231-6665-0205) (035-060-6428-6138-0381) (035-060-6429-6334-0382) (035-060-6430-6100-0121) (035-060-6430-6100-0123) (035-060-6430-6100-0141) (035-060-6430-6100-0201) (035-060-6430-6100-0202) (035-060-6430-6100-0128) 56,950.00 4,357.00 3,500.00 6,700.00 17,670.00 1,352.00 2,961.00 3,806.00 189.00 1,267.00 2,000.00 70,060.00 5,360.00 11,742.00 3,806.00 750.00 34,290.00 2,623.00 5,747.00 1,903.00 367.00 10,000.00 510.00 133,875.00 30,000.00 19,600.00 15,804.00 34,887.00 19,030.00 113 76) State Group Life Insur. ( 77) Travel ( 78) Supplies ( 79) Miscellaneous Materials ( 80) Clerical ( 81) Social Security ( 82) State Retirement ( 83) Health Insur. ( 84) State Group Life Insur. ( 85) Insurance ( 86) Travel ( 87) Supplies ( 88) Miscellaneous Materials ( 89) Teachers ( 90) Social Security ( 91) State Retirement ( 92) Health Insur. ( 93) State Group Life Insur. ( 94) Advanced Placement Classes 95) Business Education Equipment 96) Technology Education Equipment 97) Trade and Industrial Equipment 98) Technical Preparation Equipment 99) Contracted Artists 100) Instructional Supplies 101) Student Assistance Coordinators 035-060-6430-6100-0205) 035-060-6430-6100-0551) 035-060-6430-6100-0614) 035-060-6430-6100-0615) 035-060-6430-6300-0151) 035-060-6430-6300-0201) 035-060-6430-'6300-0202) 035-060-6430-6300-0128) 035-060-6430-6300-0205) 035-060-6430-6300-0538) 035-060-6430-6300-0551) 035-060-6430-6300-0601) 035-060-6430-6300-0615) 035-060-6750-6138-0121) 035-060-6750-6138-0201) 035-060-6750-6138-0202) 035-060-6750-6138-0204) 035-060-6750-6138-0205) (035-060-6750-6138-0382) (035-060-6750-6136-0821) (035-060-6750-6137-0821) (035-060-6750-6138-0821) (035-060-6750-6139-0821) (035-060-6815-6201-0381) (035-060-6815-6201-0614) (035-060-6981-6100-0121) $ 2,228.00 9,356.00 11,000.00 10,351.00 13,000.00 995.00 1,918.00 1,903.00 122.00 2,000.00 1,500.00 3,000.00 498.00 66,975.00 5,124.00 11,225.00 3,806.00 716.00 2,500.00 100,000.00 20,000.00 15,000.00 51,033.00 24,850.00 1,000.00 52,200.00 114 102) lO3) 104) 105) 106) 107) 108) 109) 110) 111) 112) 113) 114) 115) 116) 117) 118) 119) 120) 121) 122) 123) 124) 125) 126) 127) 128) 129) 130) 131) 132) Social Security State Retirement Health Insur. Group Life Insurance Contracted Services Travel Equipment Substitute Teachers Mentor Stipends Inservice Social Security Printing Travel Publications Supplies Counselors Training Social Security State Retirement Health Insur. Group Life Insurance Contracted Services Instructional Materials Other Materials Federal Grant Receipts Local Match Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Local Match Federal Grant Receipts (035-060-6981-61 (035-060-6981-61 (035-060-6981-61 (035-060-6981-61 (035-060-6981-61 (035-060-6981-61 (035-060-6981-61 (035-060-6982-60 (035-060-6982-60 (035-060-6982-60 (035-060-6982-60 (035-060-6982-60 (035-060-6982-60 (035-060-6982-60 (035-060-6982-60 (035-060-6983-63 (035-060-6983-63 (035-060-6983-63 (035-060-6983-63 (035-060-6983-63 (035-060-6983-6 (035-060-6983-6 (035-060-6983-6 (035-060-6983-6 00-0201) 00-0202) 00-0128) 00-0205) 00-0313) 00-0554) 00-0821) 00-0021) 00-0121) 00-0129) 00-0201) 00-0351) 00-0554) 00-0613) 00-0614) 06-0123) 06-0129) 06-0201) 06-0202) 06-0128) 306-0205) 306-0313) 306-0614) 306-0615) (035-060-6133-1102) (035-060-6231-1101) (035-060-6231-1102) (035-060-6428-1102) (035-060-6429-1102) (035-060-6430-1101) (035-060-6430-1102) 3,993.00 8,749.00 5,709.00 590.00 1,500.00 810.00 325.00 480.00 1,500.00 1,894.00 130.00 675.00 1,570.00 1,500.00 50.00 64,353.00 20,000.00 4,758.00 8,749.00 5,709.00 559.00 25,000.00 15,000.00 10,981.00 3,164,245.00 32,086.00 133,807.00 10,000.00 510.00 210,567.00 100,500.00 115 133) Federal Grant Receipts 134) Local Match 135) Federal Grant Receipts 136) Federal Grant Receipts 137) Federal Grant Receipts 138) Federal Grant Receipts (035-060-6750-1102) (035-060-6815-1101) (035-060-6815-1102) (035-060-6981-1102) (035-060-6982-1102) (035-060-6983-1102) 276,379.00 14,250.00 11,600.00 73,876.00 7,799.00 155,109.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST AP P ROVE D City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of September, 1991. No. 30705-92391. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §2-61.1, City Manager to promulqate grievance procedure, new S2-85.1, Grievance hearinq panels, and by repealing Division 3, Grievances, of Article IV, Personnel Manaqement and Practices, of Chapter 2, Administration; such new sections requiring the City Manager to establish a grievance procedure for employees of the City and providing for organization of the Personnel and Employment Practices Commission into panels for the purpose of hearing grievances; and providing for an emergency. WHEREAS, §15.1-7.1, Code of Virginia (1950), as amended, requires that the City of Roanoke have a grievance procedure for its employees, and §15.1-7.2 requires that such grievance procedure shall comply with such section with respect to definition of grievance, management responsibilities, coverage of personnel, time periods, management steps, grievability rulings, rules for panel hearings and implementation of panel decisions; and 116 WHEREAS, S15.1-7.2 requires that the City Manager and City Attorney certify in writing that the City's grievance procedure is in-- compliance with the provisions of S15.1-7.2 and that such certification be filed with the Clerk of the Circuit Court for the City of Roanoke with an attested copy of such certification being filed with the Director of the State Department of Employee Relations Counselors; and WHEREAS, the City Manager and City Attorney are prepared to certify a new grievance procedure, a copy of which is attached to the City Manager's report to City Council, dated September 23, 1991, to be in compliance with the mandates of ~15.1-7.2; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Division 1, Generally, of Article IV, Personnel Management and Practices, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, shall be amended and reordained by the addition of the following new sections: §2-61.1. City Manager to promulgate grievance procedure. (a) The City Manager shall establish and promulgate for employees of the City a grievance procedure including the components and features set out in ~15.1-7.2, Code of Virginia (1950), as amended, and otherwise complying with such section. Each amendment made to such grievance procedure by the City Manager shall comply with ~15.1-7.2. The Department of Personnel Management shall provide employees with copies of the applicable grievance procedure upon request. (b) The grievance procedure promulgated pursuant to this section, and each amendment thereto, shall be certified in writing by the City Manager and the City Attorney to be in compliance with S15.1-7.2, and such certification shall be filed with the Clerk of the Circuit Court for the City of Roanoke. A copy of the certification of such grievance procedure and any amendment thereto, attested by the Clerk of the Circuit Court, shall thereafter be filed with the Director of the State Department of Employee Relations Counselors. ~2-85.1. Grievance hearinq panels. (a) The Commission shall annually organize and divide itself into three (3) hearing panels for the purpose of hearing employee grievances. Each panel 117 shall consist, to the extent possible, of members with one (1), two (2) and three (3) years remaining on their terms of appointment, and minority and employee members shall be distributed as evenly as possible among the panels. (b) Upon the division of the Commission into panels as provided in this section, each panel shall have the responsibility and duty to hear and render final decisions on grievances referred to such panel upon the evidence presented and developed at the hearing and upon the City's applicable personnel policy, rules and regulations in effect at the date of the grievance. A hearing panel shall have no authority to add to, subtract from or amend existing policy, rules and regulations. (c) Each panel provided for in this section shall designate one (1) of its members as panel chairman for such period of time and for such grievance hearings as such panel may determine. In the event the three (3) original members of any hearing panel are not available for a hearing, the commission chairman, or vice-chairman in his absence, shall designate a member of one (1) of the other hearing panels to fill such vacancy. 2. Division 3, Grievances, of Article IV, Personnel Management and Practices, of Chapter 2, Administration, 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 City Clerk Mayor 118 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30706-92391. A RESOLUTION amending the FY91-92 budget to increase the allotment of Police Officer positions on a temporary basis. BE IT RESOLVED by the Council of the City of Roanoke that the fiscal year 1991-92 budget of the City is amended by changing, on a temporary basis, the allotment of police officers in the police department from 122 to 127. Qnce the manning level has reached 127 police officers, no additional police officers shall be hired until the number is reduced below 122 which shall be reestablished as the maximum allotment. APPROVED ATTEST: City Clerk Mayor + IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of September, 1991. No. 30707-92391. A Resolution amending the City's Fee Compendium to establish a fee of one hundred dollars ($100.00) for processing an application for the closing or vacating of any street or alley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The fee charged by the City for processing any application for the closing or vacating of any street or alley shall be one hundred dollars ($100.00). 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 30124-62590, adopted June 25, 1990, to be effective July 1, 1990, shall be amended to reflect the new fee for processing of applications for the closing or vacating of streets or alleys. 119 3. Resolution No. 30124-62590 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fee established by this Resolution shall remain in effect until amended by this Council. 5. This Resolution shall be in full force and effect immediately. ATTEST: City Clerk AP P ROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30708-92391. A RESOLUTION authorizing the execution of an agreement between the City and Total Action Against Poverty, providing for the loan of Community Development Block Grant funds for the purpose of acquisition of five vacant properties for rehabilitation, 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 the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement between the City and Total Action Against Poverty (TAP), providing for the loan of $145,000.00 in Community Development Block Grant (CDBG) funds, amortized over thirty (30) years, the balance to be payable in fifteen (15) years, with interest at the rate of one percent (1%), said funds to be used for the acquisition of five (5) vacant properties for rehabilitation, subject to the terms and conditions set out in the City Manager's report to this Council dated 120 September 23, 1991, such agreement to be in form approved by the City__ Attorney. APPROVED ~ ~ ~'ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30709-92391. A RESOLUTION accepting an Urban Homeownership Opportunities Program allocation from the Virginia Housing Development Authority and authorizing the execution of the requisite commitment agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The offer of the Virginia Housing Development Authority for an Urban Homeownership Opportunities Program allocation in the~ amount of $450,000.00, to support the purchase and rehabilitation of approximately ten (10) houses, as more particularly set forth in report to this Council of the City Manager dated September 23, 1991, 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 commitment agreement with the Virginia Housing Development Authority, in order to accept such grant from said Department; such agreement to be approved as to form by the City Attorney. ATTEST: City Clerk APPROVED Mayor 121 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991 No. 30710-92391. A RESOLUTION accepting a Rental Rehabilitation Program Grant from the United States Department of Housing and Urban Development and authorizing the execution of the requisite grant agreement and HUD Funding Approval Form. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The offer of a grant for Fiscal Year 1991 from the United States Department of Housing and Urban Development in the amount of $49,000.00 for rehabilitation subsidies for the City's Rental Rehabilitation Program is 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 grant agreement with the United States Department of Housing and Urban Development and HUD Funding Approval Form in order to accept such grant from the said Department; such grant agreement to be approved as to form by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30711-92391. A RESOLUTION authorizing the execution of a Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority pertaining to the administration of a Rental Rehabilitation Program. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite Memorandum of Understanding with the City of Roanoke 122 Redevelopment and Housing Authority pertaining to the administration of a Rental Rehabilitation Program, as requested and described in the City Manager's report to Council dated September 23, 1991, such Memorandum of Understanding to be approved as to form by the City Attorney ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30712-92391. AN ORDINANCE authorizing certain real estate options to be entered into in connection with the Home Purchase Assistance Program; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager be, and he is hereby authorized, for and on behalf of the City to execute the following Real Estate Options on real estate located at: 1131 Thirteenth Street, S. E., currently owned by Issac E. Bolling and Audrey C. Bolling; and located at 1912 Melrose Avenue, N. W., currently owned by Evelyn M. Drew, as more particularly set out in and attached to the City Manager's report to Council dated September 23, 1991, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Option by the City Attorney, and upon such other terms and conditions as are provided therein. 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 Mayor 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of September, 1991. No. 30714-92391. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation $ 6,425,678.00 Statesman Industrial Park Storm Drain (1) ........... 460,000.00 Capital Improvement Reserve (7,755,992.00) Public Improvement Bonds Series 1990A (2) ........... (2,475,667.00) 1) Appropriation from Bonds (008-052-9656-9001) $ 150,000.00 2) Storm Drains (008-052-9700-9176) (150,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: AP P ROVE D City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30715-92391. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Statesman Industrial Park Stormwater Management Project; authorizing the City Manager to fix to a 124 certain limit the consideration to be offered by the City for such parcels; providing for the City's acquisition of such real estate 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; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Statesman Industrial Park Stormwater Management Project, the City wants and needs the 6 parcels consisting of a fee tract for a Detention Basin, and public utility, access, storm drain, water, sanitary sewer and temporary construction easements, and a tract for street right of way, as more particularly listed in the report of the City Manager on this subject, dated September 23, 1991, 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 real estate with appropriate ancillary rights with respect to the 6 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 City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $150,000.00 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 considerations 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 to be acquired 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 real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordinance to each affected property owner. 125 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTE ST: ~ City Clerk AP.P ROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of September, 1991. No. 30716-92391. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructures $19,484,615.00 Roanoke River Flood Reduction-Land Acquisition (1).. 2,400,410.00 1) Appropriations from General Revenue (008-056-9619-9003) $ 856,480.00 126 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 September, 1991. No. 30717-92391. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to~ read as follows, in part: Appropriations Other Infrastructures $ 6,426,093.00 Roanoke River Flood Reduction (1) ................... 50,415.00 Revenue Due from Federal Government - Roanoke River (2) ....... $ 501,472.00 1) Appropriations from Federal Grant (008-056-9617-9002) $ 501,472.00 2) Due from Federal - Roanoke River Flood (008-1282) 501,472.00 127 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30718-92391. A RESOLUTION authorizing the execution of Supplemental Agreement No. 1 to the Local Cooperation Agreement for the Roanoke River Flood Reduction Project and related documentation, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest respectively, on behalf of the City, in form approved by the City Attorney, Supplemental Agreement No. 1 to the Local Cooperation Agreement for the Roanoke River Flood Reduction Project acknowledging the addition of the project element of flood proofing for the Roanoke Memorial Hospital, and an appropriate Disbursement Agreement and any other necessary documentation between the City of Roanoke and Carillon Health Systems providing for the reimbursement of such expenditures and the assumption by Carilion Health Systems of certain other obligations, as more particularly set forth in the report to this Council dated September 23, 1991. APPROVED City Clerk Mayor 128 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30719-92391. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Cost Containment, Inc., for the provision of Food Stamp Issuance Service. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Cost Containment, Inc., being the only bid received for the provision of Food Stamp Issuance Service, such service being more particularly set forth in the September 23, 1991 report of the City Manager to this Council, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with Cost Containment, Inc., for the services listed above, at an annual cost of approximately $43,000.00, upon such terms and conditions as are more fully set out in the report to this Council dated September 23, 1991. 3. The form of the contract with such bidder shall be__ approved by the City Attorney. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30720-92391. A RESOLUTION accepting the bid of AAA Clean Teams for custodial services at various city locations, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work and rejecting all other bids made to the City for the work. 129 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of AAA Clean Teams made to the City in the total amount of $58,622.66 for custodial services at various city locations as more particularly described in the City Manager's report dated September 23, 1991, 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of September, 1991. No. 30721-92391. A RESOLUTION authorizing the City Manager to execute a grant agreement with the Roanoke Valley Preservation Foundation for the stabilization of Old First Baptist Church located at 407 North Jefferson Street. follows: BE IT RESOLVED by the Council of the City of Roanoke as 1. That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a grant agreement with the Roanoke Valley Preservation Foundation, which agreement shall provide for the 130 use of CDBG funds in the amount of $48,500.00 to be used in the stabilization of the Old First Baptist Church located at 407 North~-~. Jefferson Street, in accordance with the recommendations contained in ' the City Manager's report to this Council dated September 23, 1991 ~ 2. The form of the grant agreement shall be approved by the City Attorney. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of September, 1991. No. ~0722-92391. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructures $ 6,426,093.00 Roanoke River Flood Reduction (1) ................... 150,415.00 Revenue Due from Federal Government - Roanoke River (2) ....... $ 501,472.00 1) Appropriations from Federal Grant (008-056-9617-9002) $ 501,472.00 2) Due from Federal - Roanoke River Flood (008-1282) 501,472.00 131 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 September, 1991. No. 30723-92391. AN ORDINANCE accepting the bid of J. P. Turner and Brothers, Incorporated, for construction of Neighborhood Storm Drain Project: Walnut Avenue Bridge, S. E., Fleming Avenue, N.W., and Plantation Road, N. E., 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; and providing for an emergency. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. The bid of J. P. Turner and Brothers, Incorporated, made to the City in the total amount of $144,641.00, for construction of Neighborhood Storm Drain Projects: Walnut Avenue Bridge, S. E., Fleming Avenue, N. W., and Plantation Road, N. E., as more particularly set forth in the September 23, 1991 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, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, 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. 132 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: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th Day of October, 1991. No. 30713-101491. AN ORDINANCE authorizing the assignment of a certain revocable license for monitoring wells at Fire Station No. 13, 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 necessary to assign the revocable license of sites for two water quality monitoring wells located at Fire Station No. 13 from Kayo Oil Company and Conoco, Inc. to Fast Fare, Inc. and Crown Central Petroleum Corporation with Fast Fare, Inc. and Crown Central Petroleum Corporation to be responsible for and assume all rights, responsibilities, liabilities and obligations under said revocable license, and as more particularly set forth in the report to this Council dated September 23, 1991. ATTEST: City Clerk APPROVED 133 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th Day of October, 1991. No. 30724-101491. A RESOLUTION approving the refunding of the City's $15,800,000 outstanding principal amount of City of Roanoke, Virginia, Public Improvement Bonds, Series 1985, dated August 1, 1985, and maturing August 1, 1992, to August 1, 2000, both inclusive, and authorizing the Director of Finance and other City officials to seek the approval of the State Council on Local Debt with respect to the issuance of "Refunding Bonds" for such purpose pursuant to S15.1-227.46, Code of Virginia (1950), as amended, and the "Guidelines for Approval of Refunding Bonds by the State Council on Local Debt" adopted by the State Council on Local Debt thereunder. WHEREAS, the Council of the City of Roanoke, Virginia, has determined that it would be desirable to refund, in advance of the stated maturities thereof, the City's $15,800,000 outstanding principal amount of Public Improvement Bonds, Series 1985, dated August 1, 1985, and maturing August 1, 1992, to August 1, 2000, both inclusive (the "Bonds"), for the purpose of restructuring debt service payments; and WHEREAS, the Council of the City of Roanoke, Virginia, has determined to seek the approval of the State Council on Local Debt (the "State Council") of the issuance of the refunding bonds for the purpose of refunding the Bonds, as required by S15.1-227.46, Code of Virginia (1950), as amended; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: Section 1. Approval of Refundinq of Bonds. hereby authorizes the refunding of the Bonds. The Council Section 2. State Council on Local Debt Approval. The Director of Finance and other appropriate officials of the City are hereby authorized and directed to present a plan of refunding with respect to the Bonds to the State Council and to seek the approval of the State Council of the issuance of refunding bonds pursuant to ~15.1- 227.46, Code of Virginia (1950), as amended, and the "Guidelines for Approval of Refunding Bonds by the State Council on Local Debt" adopted by the State Council on Local Debt on July 16, 1985, as amended on June 22, 1988. The City is hereby authorized to pay any fees and expenses of the State Council in connection therewith. 134 Section 3. Effectiveness of Resolution. shall take effect upon its adoption. This Resolution AP P ROVE D City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of October, 1991. No. 30728-101491. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Jail (1-7) ..................................... $29,234,459.00 4,146,087.00 1) 2) 3) 4) Regular Employee Salaries (001-024-3310-1002) VSRS Retirement (001-024-3310-1110) FICA Hospitalization Insurance 5) Dental Insur. 6) Life Insur. 7) Reimbursements (001-024-3310-1120) (001-024-3310-1125) (001-024-3310-1125) (001-024-3310-1130) (001-024-3310-8005) 79,262.00 11,858.00 6,064.00 6,946.00 441.00 693.00 (105,264.00) 135 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: ~~(.__ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of October, 1991. No. 30729-101491. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApDroDriations Streets and Bridges $ 9,005,213.00 School Speed Limit Flashers (1) ................... 16,000.00 Capital Improvement Reserve (7,728,292.00) Capital Improvement Reserve (2) ................... 662,338.00 1) Appropriations from General Revenue (008-052-9668-9003) $ 16,000.00 2) Streets and Bridges (008-052-9575-9181) (16,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 136 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of October, 1991. No. 30730-101491. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $ 964,016.00 Runaway and Homeless Youth Grant (1-6) ........... 68,815.00 Revenue Health and Welfare $ 964,016.00 Runaway and Homeless Youth Grant (7) ............. 68,815.00 1) Regular Employee Salaries 2) FICA 3) Travel 4) Administrative Supplies 5) Fees for Professional Services 6) Program Activities 7) Federal Grant Receipts (035-054-5128-1002) (035-054-5128-1120) (035-054-5128-2051) (035-054-5128-2030) (035-054-5128-2010) (035-054-5128-2066) (035-035-1234-7109) $ 49,858.00 14,044.00 650.00 1,200.00 1,250.00 1,813.00 68,815.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City Clerk APPROVED 137 IN THE COUNCIL OF TH~ CITY OF ROANOKE, VIRGINIA, The 14th Day of October, 1991. No. 30731-101491. A RESOLUTION authorizing the acceptance of United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant No. 03CY0269/03 made to the City and authorizing the acceptance, execution and filing of any documents necessary to obtain such grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the United States Department of Health and Human Services of the Runaway and Homeless Youth Program Grant No. 03C¥0269/03 in the amount of $68,815.00, which includes supplemental funds of $21,959.00, with the City to provide an in-kind contribution totaling $6,882.00, as more particularly described in the City Manager's October 14, 1991 report to Council; 2. W. Robert Herbert, City Manager, or Earl B. Reynolds, Jr., Assistant City Manager, is hereby authorized to accept, execute and file on behalf of the City of Roanoke any documentation required in connection with the City's acceptance of the foregoing grant and to take any other action which is necessary to obtain such grant. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th Day of October, 1991. No. 30732-101491. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Loeb Construction Company, for the construction of Fire Station No. 14; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Loeb Construction Company related to the construction of Fire Station No. 14. 138 2. Such Change Order shall provide for the following changes__ in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 530,700.00 CHANGE ORDER NO. 1: · Rock excavation and controlled fill $ 2,402.60 Repair of subsurface conditions $ 5,613.43 Additional electrical work $ 335.39 Addition of safety edges on Apparatus Room overhead doors 901.21 TOTAL $ 9,252.63 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 539~952.63 Additional time required for Change Order No. 1 0 days 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th Day of October, 1991. No. 30733-101491. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Williams Painting and Remodeling, Inc., for the construction of the Crisis Intervention Center Building; and providing for an.emergency. BE IT ORDAINED by the'Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is-- authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's-~ contract with Williams Painting and Remodeling, Inc., dated June 24, 139 1991, related to the construction of the Crisis Intervention Center Building. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 487,234.00 CHANGE ORDER NO. 1: Additional electrical work $ + 5,013.00 Building Permit fee $ + 1,051.05 Additional beam to support a carry truss 575.76 TOTAL $ 6,639.81 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 493t873.81 Additional time required by contractor 40 days 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: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of October, 1991. No. 30734-101491. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 140 Appropriations Sanitation Individual Industrial Permits (1) .................. NPDES Industrial Permits (2) ....................... $ 6,275,678.00 84,000.00 97,087.00 1) Appropriations from General Revenue 2) Appropriations from General Revenue (008-052-9677-9003) $ (008-052-9673-9003) 84,000.00 (84,000.00) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th Day of October, 1991. No. 30735-101491. A RESOLUTION authorizing the execution of a contract with Hayes, Seay, Mattern & Mattern, Inc., to provide certain professional services, specifically the completion of applications for Individual Storm Water Discharge Permits for certain City-owned facilities. 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 Hayes, Seay, Mattern & Mattern, Inc., for the provision by such firm of professional services for the completion of applications for Individual Storm Water Discharge Permits for certain City-owned facilities, as more particularly set forth in the October 14, 1991, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall be in the amount of $84,000.00. 141 3. The form of the contract with such firm shall be approved by the City Attorney. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of October, 1991. No. 30736-101491. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation City Wide Mapping (1) .............................. NPDES Industrial Permits (2) ....................... 1) Appropriations from General Revenue (008-052-9678-9003) $ 97,087.00 2) Appropriations from General Revenue (008-052-9673-9003) (97,087.00) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED $ 6,275,678.00 97,087.00 84,000.00 this Mayor 142 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th Day of October, 1991. No. 30737-101491. A RESOLUTION authorizing the execution of a contract with Lumsden Associates, P.C., to provide certain engineering services, specifically ground control for the entire City, mapping for selected sites, and mapping related to the Carvins Cove Waterline Improvements. 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 Lumsden Associates, P.C., for the provision by such firm of engineering services for ground control for the entire City, mapping for selected sites, and mapping related to the Carvins Cove Waterline Improvements, as more particularly set forth in the October 14, 1991, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall be in the amount of $92,975.00 for the ground control and selected mapping, and an amount of $40,000.00 for the mapping related to the Carvins Cove Waterline Improvements. 3. The form of the contract with such firm shall be approved~ by the City Attorney. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of October, 1991. No. 30738-101491. AN ORDINANCE amending and reordaining 919-11 Application for license; applicant's oath, of Chapter 19, License Tax Code, Code of the City of Roanoke (1979), as amended, to require a person applying for a business license to provide evidence that the person has paid all-- delinquent business license, business personal property, meals, transient occupancy and admission taxes due the city prior to receiving._ a current business license; and providing for an emergency. 143 BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsections (b), (c) and (d) of S19-11, Application for license~ applicant's oath, are hereby amended and reordained to read and provide as follows: S19-11. Application for license; applicant's oath (b) Every person seeking to obtain a license under this chapter, as part of the application therefor, shall be required to furnish the Commissioner with satisfactory evidence that all delinquent business license, business personal property, meals, transient occupancy and admission taxes owed to the City have been paid. No license shall be issued to any person who is indebted to the City for any delinquent business license, business personal property, meals, transient occupancy and admission taxes for any prior years. (c) Every person liable for a 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 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 the 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 less than five dollars ($5.00) nor more than one thousand dollars ($1,000.00). 144 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of October, 1991. No. 30740-101491. AN ORDINANCE accepting the bid of Acorn Construction, Ltd., made to the City for construction of alterations to Nos. 4, 5 and 6 Nitrification Basins at the Water Pollution Control Plant, upon certain terms and conditions, authorizing the proper City officials to execute the requisite contract; rejecting other bids made to the City, and_ providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Acorn Construction, Ltd., made to the City, for the construction of alterations to Nos. 4, 5 and 6 Nitrification Basins at the Water Pollution Control Plant, meeting all of the City's specifications and requirements therefor, for the total bid price of $99,250.00, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Acorn Construction, Ltd., based on its proposal made therefor, and the City's specifications made therefor, such contract to be upon form 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. 145 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th Day of October, 1991. No. 30741-101491. AN ORDINANCE amending and reordaining subsections (b) and (c) of S26-45, Prohibited discharges generally., of the Code of the City of Roanoke (1979), as amended, to delist and revise certain prohibited discharges of metals under the City's Pretreatment Program; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsections (b) and (c) of S26-45 Prohibited discharges generally., of the Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: S26-45. Prohibited discharges generally. (b) Discharges into public sewers shall not contain: (1) Antifreeze. (2) Fluoride other than that contained in the public water supply greater than 10.0 mg/1. (3) Benzene, toluene, ethylbenzene and xylene (BTEX) greater than 5.0 mg/1. (4) Flammable or explosive liquid, solid or gas in hazardous amounts. (5) Substances causing a chemical oxygen demand (COD) greater 146 (6) (7) (8) (9) (10) (11) (12) than 1,500 mg/1 in the wastewater. Strong acid or concentrated plating solutions, whether neutralized or not. Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (0° and 65° Centigrade). Obnoxious, toxic or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of subsection (a) of this section. Waste, wastewater or any other substance having a ph lower than 5.5 or higher than 9.5, or any other substance with a corrosive property capable of causing damage or hazard to structures, equipment and personnel at the wastewater facility. Substances which cause a COD to BOD ratio greater than 5. Waste, wastewater or any other substance containing phenols, hydrogen sulfide or other taste-and-order producing substances that have not been minimized. After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. Antimony and beryllium greater than 1.0 mg/1. 147 (c) Prohibited include, but are not limited to: toxic materials (1) Herbicides. (2) Fungicides. (3) Pesticides. 2. The City Clerk is hereby directed to provide a copy of this ordinance to the appropriate officials of all other jurisdictions utilizing the Roanoke Regional Sewage Treatment Plant. 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: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 14th Day of October, 1991. No. 30748-101491. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay Capital Outlay (1) ............................... Capital Outlay from Revenue Falling Creek Plant Rehab Ph I (2) ............... 913,227.00 509,247.00 1,899,901.00 1,414,681.00 148 1) New Services, Hydrants, Lines 2) Approp. from General Revenue (002-056-2178-9025) (002-056-8359-9003) $(45,0'00 00) 45,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AP P ROVE D ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th Day of October, 1991. No. 30749-101491. AN ORDINANCE authorizing the acquisition of a residential~ structure located downstream from Falling Creek Dam, upon certain terms~ and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subject to final completion and approval of any necessary investigations and inspections by the City of Roanoke, the offer of Mr. and Mrs. Wayne L. Basham to sell and convey to the City all of the property located on Route 635 in Bedford County with a mailing address of Route 3, Box 101, Vinton, Virginia 24179, for the sum of $41,000.00 is hereby accepted and upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City fee simple title to the aforesaid land free and clear of all encumbrances and material title objections and containing general warranty and modern English Covenants of title in form approved by the City Attorney, the proper City officials shall be authorized to make payment of the aforesaid purchase price less any amount due to be paid by said Grantor as taxes, all as more particularly set forth in the report to this Council dated October 14, 1991. 149 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 14th Day of October, 1991. No. 30750-101491. AN ORDINANCE authorizing an extension of the lease by the City of property located at 124 Kirk Avenue, S.W., upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate agreement extending the lease by the City from James L. Trinkle of 124 Kirk Avenue, S. W. for an additional two year term beginning December 1, 1991, at a monthly rent of $2,241.11 with the Lessor to furnish four parking spaces to the City at a charge of $44.00 each per month, and upon such other terms and conditions as are deemed necessary, as more particularly set forth in the report to this Council dated October 14, 1991. 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: A~ ','---, "xu, g,e,. City Clerk Mayor 150 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30725-102191. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Lady Bird Apparel, Inc., filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, 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 14, 1991, after due and timely notice thereof as required by S30-14, 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: A 10' wide alley running from Williamson Road and terminating on the property of Lady Bird Apparel, Inc., as it abuts the Roy L. Webber Expressway, located in Sections 3 and 4, Map of Jefferson Land Company, in the City of Roanoke, Virginia. be, and it hereby is, 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- 15i 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 undertake; 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 providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described portion of the 10-foot alley running from Williamson Road and terminating on said applicant's property as it abuts the Roy L. Webber Expressway, providing for all necessary easements for utilities, both public and private, and properly dividing the vacated rights-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 one (1) year 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 or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER 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 152 Roanoke, Virginia, as Grantor, and in the name of Lady Bird Apparel, Inc., and the names of any other parties in interest who may so request,-- as Grantees. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30726-102191. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 403, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City__ of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and -~-- WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, 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 14, 1991, 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 403 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property located at 1255 Williamson Road, S. E., designated on Sheet No. 403 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4030210, 4030211, 4030212 and 4030222, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Third Amended Petition, filed in the Office of the City Clerk on September 5, 1991, and that Sheet No. 403 of the Zone Map be changed in this respect. APPROVED ATTE S T: ~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st of October, 1991. No. 30727-102191. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made 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 October 14, 1991, 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a 2.0-acre tract of land located on U.S. Route 460 (Orange Avenue, N. E.), said tract being the result of a combination of two parcels, said parcels designated on Sheet No. 711 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 7110106 and 7110122, be, and is hereby rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Second Amended Petition, filed in the Office of the City Clerk on September 6, 1991, and that Sheet No. 711 of the Zone Map be changed in this respect. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30739-102191. AN ORDINANCE authorizing the lease of the Jefferson High School Building and certain property located within the City for renovation as a mixed-use community center facility, and authorizing the appropriate City officials to execute an Agreement and Deed of Lease therefor. BE IT ORDAINED by the Council of the City of Roanoke that: 155 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Jefferson Center Foundation, Ltd., to lease from the City the Jefferson High School Building, the adjacent grounds and nearby parking lot for renovating and thereafter operating a mixed- use community center facility, as more particularly described in the City Manager's report dated October 14, 1991, is hereby ACCEPTED. 2. The City Manager or Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, an Agreement and Deed of Lease with such bidder and any other documentation which may be required to implement the provisions of the Agreement. The Deed of Lease shall be for a term of forty years, subject to the terms and conditions in the agreement, with annual rental payment of TEN DOLLARS ($10.00). 3. The form of the Agreement and Deed of Lease shall be approved by the City Attorney and shall conform substantially with the Agreement and Deed of Lease on file in the Office of the City Clerk. 4. Any other bids received for this project are hereby REJECTED, and the City Clerk is directed to so notify each said bidder and to express to each the City's appreciation for said bids. ATTE ST: ~~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st Day of October, 1991. No. 30742-102191. AN ORDINANCE authorizing the granting of an easement to Appalachian Power Company across Fishburn Park Elementary School property, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate agreement and other necessary documentation for the granting of an easement across Fishburn Park Elementary School property to Appalachian Power Company in a location as shown on APCO Drawing No. R-2845 to serve 156 Roanoke Valley Swimming, Inc., and as more particularly set forth in the report to this Council dated October 14, 1991. -- APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30743-102191. AN ORDINANCE authorizing the granting Appalachian Power Company across City property Springs, upon certain terms and conditions. of an easement to located at Coyner BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest,__ respectively, in form approved by the City Attorney, an appropriate agreement and other necessary documentation for the granting of an electrical power easement across Coyner Springs property to Appalachian Power Company in order to provide electrical service to the Crisis Intervention Center as shown on APCO Drawing No. R-2850, and as more particularly set forth in the report to this Council dated October 14, 1991. APPROVED ATTEST: City Clerk Mayor 157 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30744-102191. AN ORDINANCE authorizing the execution of an agreement with Appalachian Power Company for installation and maintenance of an electric power pole upon property located in the Roanoke Centre for Industry and Technology. BE IT ORDAINED by the Council for the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate agreement with Appalachian Power Company for the installation and maintenance of an electric power pole at the location shown on APCO Drawing No. R-2832 on property of the City of Roanoke, located at the Roanoke Centre for Industry and Technology, and as more particularly set forth in the report to this Council dated October 14, 1991. APPROVED ATTE ST: ~6L~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30745-102191. AN ORDINANCE authorizing the granting of an easement to Appalachian Power Company on Norfolk Avenue, S. E., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate agreement and other necessary documentation for the granting of an easement to Appalachian Power Company from Norfolk Avenue, S. E. to and 158 including the transformer pad on the Dominion Tower Building, as more particularly set forth in the report to this Council dated October 14, 1991. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30746-102191. AN ORDINANCE authorizing the granting of an easement to C & P Telephone Company across property located at Fairview Elementary School, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the~ City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate agreement granting a 65' x 55' utility easement for C & P Telephone~ Company upon the northeast corner of the Fairview School site, bearing Official Tax No. 2640303, located at the southwest corner of the intersection of Salem Turnpike and Westwood Boulevard, N. W. to provide for the installation of an electronic equipment building and associated driveway and underground cables, as more particularly set forth in the report to this Council dated October 14, 1991. APPROVED ATTEST: City Clerk Mayor 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30747-102191. AN ORDINANCE authorizing conveyance by the City to the Roanoke Regional Airport Commission of a certain .23 acre parcel located in Roanoke County and assignment by the City to the Airport Commission of a lease of a certain .21 acre parcel located in Roanoke City for use in connection with the airport navigational system, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate quit-claim deed of conveyance by the City to the Roanoke Regional Airport Commission of a certain .23 acre parcel located in Roanoke County together with a certain accompanying right-of-way easement, as more particularly set forth in the report to this Council dated October 14, 1991. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate assignment to the Roanoke Regional Airport Commission of a lease of a certain .21 acre parcel located in Roanoke City on property of St. Elias Catholic Church on Cove Road, N. W., said lease being of record in Deed Book 1392, Page 204, and as more particularly set forth in the report to this Council dated October 14, 1991. APPROVED ATTE ST: City Clerk 160 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st Day of October, 1991. No. 30752-102191. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Internal Service Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Utility Line Services Capital Outlay (1) ................................. $2,755,317.00 224,543.00 Retained Earninqs Retained Earnings - Unrestricted (2) ............... $2,767,881.00 1) Other Equipment 2) Retained Earnings - Unrestricted (006-056-2625-9015) $ 17,600.00 (006-3336) (17,600.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 161 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30753-102191. A RESOLUTION authorizing a revocable permit to Blue Cross Blue Shield of Virginia for the attachment or installation of certain holiday decorations to certain City-owned trees in Key Plaza, upon certain terms and conditions. WHEREAS, Blue Cross Blue Shield of Virginia (hereinafter "Permittee") has requested that City Council authorize Permittee to attach or install certain holiday decorations on certain City-owned trees in Key Plaza; and WHEREAS, Council is desirous of granting the request of Permittee pursuant to certain terms and conditions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted to Permittee to attach, install and maintain certain holiday decorations in or on City-owned trees in Key Plaza adjacent to Permittee's property, pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective, upon Permittee's compliance with Paragraph 2 hereof, from November 11, 1991 through January 15, 1992; (b) Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property; growing out of or directly or indirectly resulting from the permission herein granted; (c) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing general public liability occurrence type insurance in the amount of at least $1,000,000 per occurrence; 162 (d) Permittee shall not install or attach any object to any City-owned tree or shrub other than those covered by this permit; (e) The City shall incur no cost as a result of the granting of this permit; and (f) Permittee shall give notice to the City's Director of Public Works prior to entry on City property for installation and maintenance of such holiday decorations. 2. This permit shall be in full force and effect at such time as a copy of this Resolution, duly signed, sealed, attested and acknowledged by Permittee, together with the appropriate certificate of insurance have been filed in the Office of the City Clerk. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30754-102191. A RESOLUTION accepting the bid of Devoe Paint made to the City for furnishing and delivering traffic paint; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Devoe Paint, made to the City, offering to supply 5,250 gallons of traffic paint meeting all of the City's specifications and requirements therefor, for the total bid price of $30,817.50, which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 163 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of October, 1991. No. 30755-102191. AN ORDINANCE approving proposed design and operating criteria for the proposed Solid Waste Transfer Station, and approving the Hollins Road South Site for the location of such Transfer Station, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as previously approved by the Roanoke City Planning Commission and submitted to this Council by report dated July 8, 1991, are hereby APPROVED and the City Manager or the Assistant City Manager is authorized to take such actions as are deemed necessary for their implementation. 2. The Hollins Road South Site is hereby deemed at this time to be the most suitable site for the location of the proposed Solid Waste Transfer Station, and the City Manager or the Assistant City Manager is hereby authorized to take such actions as are deemed necessary for such site selection, as more particularly set forth in the report to this Council dated July 8, 1991, subject to execution by all required parties of the Roanoke Valley Resource Authority Members Use Agreement. 164 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd Day of October, 1991. No. 30756-102391. AN ORDINANCE approving and authorizing the execution of certain agreements for the development and use of regional solid waste facilities and for the disposal of acceptable solid waste; providing for the appointment of the City's members on the Roanoke Valley Resource Authority; and providing for an emergency. WHEREAS, the County of Roanoke, the City of Roanoke, the Town of Vinton and the Roanoke County Resource Authority hereby intend to~ approve and execute certain documents and agreements for the development and use of regional solid waste facilities and for the disposal of acceptable solid waste; and, WHEREAS, the Roanoke Valley Regional Solid Waste Management Board intends to join in the approval and execution of certain of these documents and agreements in order to assign and distribute certain assets and property upon the successful completion of the development of a regional solid waste facility; and, WHEREAS, it is in the best interests of all the parties and of their citizens to undertake the actions contemplated herein for the solution of the problems associated with the disposal of solid waste. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. That the terms, conditions and provisions set forth in the "Roanoke Valley Resource Authority Members Use Agreement", "Assignment Agreement", and "Distribution and Indemnification Agreement" are hereby approved and ratified. This approval and ratification of 165 these agreements shall be evidenced by the execution thereof by the Mayor and the execution and delivery of and performance by the City of these agreements are authorized. 2. That the "Articles of Amendment of the Roanoke County Resource Authority" and the "Roanoke Valley Resource Authority By-Laws" are hereby approved and ratified, and authorized to be included as exhibits to the "Roanoke Valley Resource Authority Members Use Agreement". 3. That the names, addresses and terms of office of the initial Roanoke City Members of the Board of the Roanoke Valley Resource Authority are as follows: Name Joel M. Schlanger Director of Finance Address Room 461, Municipal Building Roanoke, Virginia 24011 Term Expires 12/31/95 Kit B. Kiser, Director Room 354, Municipal Building 12/31/94 Utilities and Operations Roanoke, Virginia 24011 4. That the Mayor and City Manager and such officers and agents of the City as they may designate, are authorized to execute and deliver on behalf of the City such other documents, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by these agreements and this ordinance, all upon form to be approved by the City Attorney. 5. That the City Clerk is authorized and directed to provide for publication of such resolution and notice for a public hearing as required by Sections 15.1-1243 and 15.1-1248, of the Code of Virginia (1950), as amended, in order to provide for the joinder of new political subdivisions to the Roanoke County Resource Authority. The public hearing shall be held on December 2, 1991, or as soon thereafter as it may be scheduled. City Clerk 6. 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 upon its passage. APPROVED ATTEST: City Clerk 166 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th Day of October, 1991. No. 30751-102891. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, and from RM-1, Residential Multi-family, Low Density District, to RM-4, Residential Multi- family High Density District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, 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 14, 1991, 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. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property located at 3526, 3534, 3538 and 3542 Melrose Avenue, N. W., and 1025 36th Street, N. W., designated on Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2660301-2660304, inclusive, and Nos. 2660309 and 2660310, be, and are hereby rezoned from C-2, General Commercial District, and RM-1, Residential Multi-family, Low Density District, to RM-4, Residential Multi-family, high Density District, subject to those conditions proffered by and set forth in the Second Amended 167 Petition, filed in the Office of the City Clerk on September 6, 1991, and that Sheet No. 266 of the Zone Map be changed in this respect. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of October, 1991. No. 30757-102891. A Resolution approving the plan the financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of NSW Corporation ("NSW") to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of NSW Corporation ("NSW"), the principal offices of which are located at 530 Gregory Avenue, N. E., Roanoke, Virginia, requesting the Authority to issue up to $3,000,000.00 of its industrial development revenue bonds (the "Bonds") to (1) assist NSW in the acquisition, construction and equipping of a new manufacturing facility consisting of approximately 20,800 square feet (the "Facility"), to be located at 530 Gregory Avenue, N. E., in the City of Roanoke, Virginia, and (2) refund the outstanding principal amount of the Authority's $3,000,000.00 Industrial Development Bonds ("NSW Corporation Project"), Series 1981 (the "Prior Bonds"), that were issued to finance NSW's existing 30,000 square foot manufacturing facility located at 530 Gregory Avenue, N. E., Roanoke, Virginia, and has held a public hearing thereon on October 22, 1991. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Internal Revenue Code"), provides that the governmental unit having jurisdiction over the issuer of revenue bonds and over the area in which any facility financed with the proceeds of revenue bonds is located must approve the issuance of the Bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Facility to be, and the facility financed with Prior Bonds, are located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and 168 WHEREAS, copies of the Authority's resolutions and a certificate of the public hearing have been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the aforesaid Bonds in the aggregate principal amount of $3,000,000.00 by the Authority for the benefit of NSW, as required by Section 147(f) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility and the refunding of the Prior Bonds. 2. The City Council hereby agrees to apply to the Department of Housing and Community Development to request an allocation of $1,200,000.00 of the State Ceiling for the non-refunding portion of the Bonds, pursuant to the Virginia Industrial Development and Revenue Bond Act, and directs the City Manager to prepare and file an application therefor as promptly as practicable. 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or NSW, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the-~ faith or credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. APPROVED ATTEST: City Clerk Mayor 169 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of October, 1991. No. 30758-102891. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education ,494.00 Adult Basic Education 91-92 (1) ................... ,947.00 Title III Vocational Training (2) ................. 219.00 Special Education Inservice 91-92 (3) ............. 5,827.00 Transitional Services 91-92 (4) ................... 9,792.00 Preschool Incentive Program 1992 (5-10) ........... 90,753.00 Regional Adult Basic Education Specialist 91-92 (11-18) ......................... 35,163.00 Hurt Park Tutorial Program (19-22) ................ 9,400.00 $25,536 150 Revenue Education ,494.00 Adult Basic Education 91-92 (23) .................. ,947.00 Title III Vocational Training (24) ................ 219.00 Special Education Inservice 91-92 (25) ............ 5,827.00 Transitional Services 91-92 (26) .................. 9,792.00 Preschool Incentive Program 1992 (27) ............. 90,753.00 Regional Adult Basic Education Specialist 91-92 (28) ............................ 35,163.00 Hurt Park Tutorial Program (29) ................... 9,400.00 $25,536 150 1) Contracted Services 2) Tuition 3) Inservice Training 4) Instructional Materials (035-060-6747-6450-0313) (035-060-6431-6334-0382) (035-060-6597-6229-0587) (035-060-6598-6553-0614) $ 4,000.00 219.00 5,827.00 9,792.00 170 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 2O) 21) 22) 23) 24) 25) 26) 27) 28) 29) Diagnostic Services Inservice Social Security Publications Instructional Supplies Instructional Equipment Specialist Clerical Indirect Costs Social Security Printing Services Communications Travel Equipment Teacher Social Security Travel Instructional Supplies Federal Grant Receipts Federal Grant Receipts State Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts (035-060-6599-6553-0311) $ 35,020.00 (035-060-6599-6553-0129) 3,500.00 (035-060-6599-6553-0201) 2,680.00 (035-060-6599-6553-0613) 3,700.00 (035-060-6599-6553-0614) 18,092.00 (035-060-6599-6553-0821) 27,761.00 (035-060-6751-6143-0121) 17,000.00 (035-060-6751-6143-0151) 7,500.00 (035-060-6751-6143-0212) 588.00 (035-060-6751-6143-0201) 1,875.00 (035-060-6751-6143-0351) 1,000.00 (035-060-6751-6143-0523) 2,000.00 (035-060-6751-6143-0551) 4,000.00 (035-060-6751-6143-0821) 1,200.00 (035-060-6971-6000-0121) 3,745.00 (035-060-6971-6000-0201) 287.00 (035-060-6971-6000-0554) 500.00 (035-060-6971-6000-0614) 168.00 (035-060-6747-1102) 4,000.00 (035-060-6431-1102) 219.00 (035-060-6597-1100) 5,827.00 (035-060-6598-1102) 9,792.00 (035-060-6599-1102) 90,753.00 (035-060-6751-1102) 35,163.00 (035-060-6971-1100) 4,700.00 171 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 28th Day of October, 1991. No. 30759-102891. AN ORDINANCE approving the loan of Community Development Block Grant (CDBG) funds to an individual in connection with the City's Home Purchase Assistance Program, authorizing the City Manager to execute documents approved as to form by the City Attorney necessary to implement and administer the loans, including a Construction Disbursement Agreement, authorizing the City Attorney and Director of Finance to serve as trustees with regard to the related deed of trust securing the notes for the loan, authorizing the City Manager to execute a certificate of satisfaction upon full payment and satisfaction of the loans, and authorizing recordation by the City Attorney of the certificate of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke; and providing for an emergency. WHEREAS, Council has previously approved the concept of the Home Purchase Assistance Program in which the City will provide loans for purchase, closing costs and additional property rehabilitation from CDBG funds to low-moderate income households agreeing to buy and repair certain identified substandard housing, contingent upon approval by the Virginia Housing Development Authority (VHDA) of State rehabilitation loans. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to loan CDBG funds in connection with the City's Home Purchase Assistance Program to the individual identified in the City Manager's report dated October 28, 1991, upon the terms and conditions set forth therein. 172 2. The City Manager is hereby authorized for and on behalf of the City to execute documents approved as to form by the City'' Attorney necessary to implement and administer the loan, including a Construction Disbursement Agreement, in connection with the Home Purchase Assistance Program loans to be made to Eric Scott Key and Cynthia Gail Davis, which loan amount shall not exceed $24,000.00 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 1134 Fifteenth Street, S. E., in accordance with the recommendations contained in the City Manager's report of October 28, 1991. 3. To secure payment of the loan of CDBG funds made under the Home Purchase Assistance Program and performance by the loan recipients, the recipients shall execute a deed of trust and deed of trust note, which document shall be approved as to form by the City Attorney. 4. Wilburn C. Dibling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance (hereinafter "Trustees"), are hereby authorized to serve as Trustees for and on behalf of the City as beneficiary. 5. Pursuant to 926-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason whatsoever to appoint a substitute trustee or trustees. 6. Upon payment or full satisfaction of the debt secured by the deed of trust and delivery of the canceled deed of trust note to the person or persons by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of Circuit Court of the City of Roanoke. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk 173 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of October, 1991. No. 30760-102891. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 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) ................... $14,508,341.00 6,352,719.00 Revenue Grants-in-Aid Commonwealth Welfare (2) ..................................... $52,813,395.00 8,885,680.00 1) Special Needs Adoption 2) Subsidized/ Special Needs Adoption (001-054-5314-3130) (001-020-1234-0673) $165,000.00 165,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk 174 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th Day of October, 1991. No. 30761-102891. A RESOLUTION authorizing the Director of Finance of the City of Roanoke, Virginia, to negotiate and secure short-term loans from time to time in the name and on behalf of the City pursuant to S49 of the Charter of the City in a principal amount not to exceed Ten Million Dollars ($10,000,000) at any time; fixing the form and certain other details of such notes; authorizing the Director of Finance to solicit proposals for a line of credit and to negotiate and enter into a Line of Credit Agreement in the name of and on behalf of the City with respect to the short-term loans evidenced by such notes; and otherwise providing with respect thereto. WHEREAS, S49 of the Charter of the City of Roanoke, Virginia (the "City"), provides that the Council shall have the power to negotiate and secure short-term loans for the purpose of paying current expenses, debts or contractual obligations of the City; WHEREAS, such ~49 provides that such loans shall be evidenced by bonds or notes bearing interest, payable in not more than one year from the date of issue; WHEREAS, such ~49 further provides that the aggregate of such short term bonds and notes outstanding at any one time shall not exceed the revenue for such fiscal year nor shall it exceed an amount equal to-- twenty-five per centum of the revenue from all sources collected by the City in the preceding fiscal year; and WHEREAS, in the judgment of the Council, it is desirable to authorize the Director of Finance of the City (a) to negotiate and secure short-term loans from time to time in the name of and on behalf of the City pursuant to ~49 of the Charter of the City in a principal amount not to exceed Ten Million Dollars ($10,000,000) at any time for the purpose of paying current expenses, debts or contractual obligations of the City and to issue general obligation short-term notes of the City pursuant to such ~49 to evidence such short-term loans, and (b), in connection with such short-term loans, to solicit proposals for a line of credit and to negotiate and enter into a Line of Credit Agreement in the name of and on behalf of the City with respect to the short-term loans to be evidenced by such notes; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: 175 1. Pursuant to S49 of the Charter of the City, for the purpose of paying current expenses, debts or contractual obligations of the City, the Director of Finance of the City is hereby authorized to negotiate and secure short-term loans from time to time in the name of and on behalf of the City in a principal amount not to exceed Ten Million Dollars ($10,000,000) at any time. The short-term loans authorized hereby shall be evidenced by general obligation short-term notes of the City to be designated "City of Roanoke, Virginia, General Obligation Short-Term Notes" (the "Notes"). In connection with the securing of the short-term loans authorized hereby, the Director of Finance of the City is authorized to solicit proposals for a line of credit with respect thereto and to negotiate and enter into a line of credit agreement (the "Line of Credit Agreement") in the name of and on behalf of the City providing for the short-term loans contemplated hereby. The Line of Credit Agreement shall be in such form as shall be approved by the City Attorney. The final maturity of the short-term loans authorized under this resolution and the Notes evidencing such short-term loans shall not be later than June 30, 1992. The Director of Finance is hereby authorized to issue the Notes from time to time to evidence the short-term loans authorized hereby with the principal amount of such Notes at any time outstanding to be equal to the unpaid principal balance of the short-term loans evidenced thereby. Each such Note shall be dated the date of its issuance and delivery; shall be issued in fully registered form; shall be in such denomination as the Director of Finance shall determine at the time of issuance thereof; shall mature not later than June 30, 1992; and shall bear interest (payable at such times and calculated on such basis as shall be determined by the Director of Finance at the time of issuance thereof) at a rate not in excess of ten percent (10%) per annum. Prior to or contemporaneously with the issuance of any Note hereunder, the Director of Finance shall execute and retain in his records a certificate, dated the date of issuance of such Note, stating (i) that such Note is being issued pursuant to S49 of the Charter of the City and this resolution; (ii) that such Note is payable not more than one year from the date of issue thereof; (iii) that the aggregate of the Notes and all other short-term loans under ~49 of the Charter outstanding at the time of issuance of such note does not exceed the revenue for the then current fiscal year of the City; and (iv) that the aggregate of the Notes and all other short-term loans under ~49 of the Charter outstanding under ~49 of the Charter of the City at the time of issuance of such Note do not exceed an amount equal to twenty-five per centum of the revenue from all sources collected by the City in the preceding fiscal year. The Notes shall be subject to prepayment at the option of the Director of Finance without penalty prior to their stated maturities. 176 The Notes shall be executed, for and on behalf of the City, by the Director of Finance. -- The principal of and interest on the Notes 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, upon presentation and surrender at the office of the Director of Finance. The Notes shall be in substantially the form set forth as Exhibit A hereto or in such other form as shall be specified by the Line of Credit Agreement. 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Notes as the same become due. Unless the principal of and interest on the Notes shall be paid from proceeds of the bonds of the City or any other available funds, 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, upon any property in the City subject to taxation by the City a tax sufficient to provide for the payment of the principal of and interest on the Notes as the same become due. 3. The City covenants and agrees to comply with the provisions of SS103 and 141-150 of the Internal Revenue Code of 1986 and___ the applicable Treasury Regulations promulgated thereunder throughout the term of the Notes. 4. This resolution shall constitute complete authority for all actions deemed necessary or desirable by the Director of Finance or the City Attorney in connection with the matters contemplated hereby, and no further action of the Council of the City shall be required with respect to the negotiation and securing of the short-term loans and the issuance of the Notes evidencing such short-term loans or the solicitation of the line of credit with respect thereto or the negotiation and entering into of the Line of Credit Agreement, all as contemplated hereby. 5. The City Attorney of the City is hereby directed to file a copy of this resolution, certified by the City Clerk of the City to be a true copy hereof, with the Clerk of the Circuit Court of the City of Roanoke, Virginia. 177 6. This resolution shall take effect upon its passage. ATTEST: APPROVED City Clerk 102891. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of October, 1991. No. 30762- AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant - FY91 $2,188,031.00 Unprogrammed CDBG (1-3) ............................. 66,022.00 Revenue Community Development Block Grant - FY91 (4-8) ...... $2,188,031.00 1) Unprogrammed CDBG - Parking Lot Income 2) Unprogrammed CDBG - Float Loan Interest 3) Unprogrammed CDBG - Home Purchase Program 4) Parking Lot Income - RRHA (035-090-9040-5183) (035-090-9040-5188) (035-090-9040-5192) (035-035-1234-9102) $ 46,038.00 $ 17,469.00 2,515.00 59,710.00 178 5) Other Income - RRHA (035-035-1234-9103) 6) Loan Payment - NNEO (035-035-1234-9109) 7) Interest on Float Loan (035-035-1234-9121) 8) Home Purchase Program (035-035-1234-9122) (13,672.00) ( 5.00) 17,474.00 2,515.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk ~~~ ~~ayo}X~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th Day of October, 1991. No. 30763- 102891. AN ORDINANCE authorizing execution of a Sublease Agreement with the Jefferson Center Foundation, Ltd., for the sublease of 15,000 square feet of office space in the renovated Jefferson High School- Building; authorizing the proper City officials to execute the sublease agreement on behalf of the City; and providing for an emergency. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. The Sublease Agreement between the City and the Jefferson Center Foundation, Ltd. ("JCF"), providing for the sublease of approximately 15,000 square feet of office space in the renovated Jefferson High School Building, such agreement to be in substantially the form attached to the City Manager's report to Council dated October 14, 1991, is hereby APPROVED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Sublease Agreement between the City of Roanoke and JCF which document shall be approved as to form by the City Attorney. 179 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of October, 1991. No. 30764-102891. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Other Infrastructures Retaining Wall - Campbell/Patterson (1) ........... Capital Improvement Reserve Capital Improvement Reserve (2) ................... $ 18,643,135.00 15,000.00 ( 7,629,292.00) 663,338.00 1) Appropriations from General Revenue 2) Appropriations from General Revenue (008-052-9679-9003) $ (008-052-9575-9181) 15,000.00 (15,000.00) 180 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. APPROVED this ATTEST: City Clerk Ma~or ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th Day of October, 1991. No. 30765-102891. AN ORDINANCE accepting the bid of H. & S. Construction Company, of Roanoke, Virginia, for construction of a gravity retaining wall and related work at Paterson Avenue, S. W., and Campbell Avenue, S. W., 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. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. The bid of H. & S. Construction Company, in the total amount of $13,725.00, for construction of a gravity retaining wall and related work at Paterson Avenue, S. W., and Campbell Avenue, S. W., as more particularly set forth in the October 28, 1991 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. 181 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: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th Day of October, 1991. No. 30766-102891. 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, expired on October 20, 1991; WHEREAS, S15.1-1377 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, 1991, and expiring on October 20, 1995, to fill a vacancy 182 created by the expiration of the term of office of said member on the Board occurring on October 20, 1991. -- APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th Day of October, 1991. No. 30767-102891. 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, expired on October 20, 1991; WHEREAS, S15.1-1377 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 John J. Butler 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, 1991, and expiring on October 20, 1995, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1991. A P P ROVE D ATTEST: City Clerk 183 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of November, 1991. No. 30767A-110491. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Total Action Against Poverty (1) ................... Nondepartmental Contingency - General Fund (2) ..................... $14,380,841.00 179,448.00 11,967,785.00 283,890.00 1) Subsidies 2) Contingency (001-054-5230-3700) (001-002-9410-2199) $ 37,500.00 (37,500.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of November, 1991. No. 30768-110491. A RESOLUTION authorizing the execution of a contract and related documents with Blue Cross and Blue Shield of Virginia to provide 184 group hospitalization and health insurance for employees of the City__ and members of their families. BE IT RESOLVED by the Council of the City of Roanoke that: .... 1. The City Manager is hereby authorized, for and on behalf of the City, to execute a contract with Blue Cross and Blue Shield of Virginia, for group hospitalization and health insurance for a term of one year beginning January 1, 1992, and ending December 31, 1992, 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 Blue Cross and Blue Shield of Virginia and described in a report to Council by the City Manager dated November 4, 1991, and the attachments thereto. 2. Said contract shall be delivered, if possible, to the City not later than December 1, 1991, fully executed by Blue Cross and Blue Shield of Virginia and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. AP P ROVE D ATTE ST: ~'/~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of November, 1991. No. 30769-110491. A RESOLUTION authorizing a contract to be entered with the Commonwealth of Virginia Department of Social Services for the procurement of certain services at Youth Haven I by the County of Roanoke's Department of Social Services. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager be, and is hereby authorized and directed, for and on behalf of the City, to enter into a written contract with the Commonwealth of Virginia Department of Social Services for the procurement of certain services for eligible youth at Youth Haven I by the County of Roanoke's Department of Social 185 Services, for a term ending March 31, 1993, with payment for such services to be made by the County of Roanoke's Department of Social Services to the City from Title II funds, as more particularly described in the City Manager's report dated November 4, 1991. Attorney. The form of the contract shall be approved by the City APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of November, 1991. No. 30770-110491. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY 91 Economic Development FY91 (1) ..................... Unprogrammed CDBG FY91 (2) ........................ $2,188,031.00 776,970.00 41,022.00 1) Western Va. Revolving Loan Fund 2) Unprogrammed CDBG - Parking Lot Income (035-090-9030-5174) (035-090-9040-5183) $ 20,000.00 (20,000.00) 186 BE IT FURTHER ORDAINED that, an emergency existingf this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of November, 1991. No. 30771-110491. A RESOLUTION authorizing an amendment to the contract between the City and Southwest Virginia Community Development Fund, dated July 22, 1991, such amendment relating to funding of a revolving loan program only. BE IT RESOLVED by the Council of the City of Roanoke as ..... follows: 1. The City Manager and the City Clerk shall be authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 1 to a contract between the City of Roanoke and Southwest Virginia Community Development Fund, dated July 22, 1991, such amendment providing for an addition of $20,000 in Community Development Block Grant funds to be provided to Southwest Virginia Community Development Fund by the City for operation of a revolving loan program. 2. The contract between the City of Roanoke and Southwest Virginia Community Development Fund, dated July 22, 1991, shall remain in full force and effect except to the extent of any inconsistency with Amendment No. 1 authorized by this resolution. 187 3. Such Amendment No. 1 shall be in such form as shall be approved by the City Attorney. AP P ROVE D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of November, 1991. No. 30772-110491. AN ORDINANCE approving the City Manager's issuance of Change Order No. 6 to the City's contract with Acorn Construction, Ltd., for construction of Phase II of the Falling Creek Water Treatment Plant; 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 is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 6 to the City's contract with Acorn Construction, Ltd., dated June 25, 1990, authorized by Ordinance No. 30129-62590, to provide for such company's construction of Phase II of the Falling Creek Water Treatment Plant. 2. Such Change Order shall provide the following changes in the work to be performed: CONTRACT AMOUNT $ 1~0047119.00 CONTRACT AMOUNT INCLUDING PREVIOUS CHANGE ORDERS $ 1,089,705.92 Changes/Additions to contract as set forth in the City Manager's Report dated November 4, 1991 + $ 14,335.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 6 $ 1,104,040.92 188 Additional time resulting from Change Order No. 6 7 consecutive calendar days. 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of November, 1991. No. 30773-110491. A RESOLUTION authorizing a contract for the provision of computerized ticketing services at the Roanoke Civic Center upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the-- City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate contract for computerized ticketing services for the Roanoke Civic Center with Ticketmaster for a five year term at the following fees: Box Office Remote Telephone - .07¢ Per Ticket - .10¢ Per Ticket - 2.8% of Gross Sales with a service charge to the customer of $1.50 per ticket for tickets purchased at remote outlets and $2.55 per ticket for tickets purchased by telephone, and upon such other terms and conditions as are deemed to be in the City's best interest, said vendor being the only source 189 practicably available for such services, as more particularly set forth in the report to this Council dated November 4, 1991. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth Day of November, 1991. No. 30778-111191. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY 91 Transitional Living Center (1) .................... Unprogrammed CDBG FY91 (2) ........................ $2,188,031.00 20,000.00 26,022.00 1) Transitional Living Center (035-090-9038-5219) $ 20,000.00 2) Unprogrammed CDBG - Parking Lot Income (035-090-9040-5183) (20,000.00) 190 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE S T: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth Day of November, 1991. No. 30779-111191. A RESOLUTION authorizing an amendment to the FY 1991-92 Community Development Block Grant Program and Budget to add the Transitional Living Center Project of Total Action Against Poverty of the Roanoke Valley (TAP), and authorizing execution of a certain subrecipient agreement with TAP, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City~ Attorney, and to submt to the U.S. Department of Housing and Urban Development an amendment to the 1992 CDBG Statement of Objectives to add TAP's Transitional Living Center project, utilizing $20,000.00 in CDBG program income, as well as the appropriate subrecipient agreement with TAP, and any other necessary documentation as more particularly set forth in the report to this Council dated November 11, 1991. ATTEST: APPROVED City Clerk Mayor 191 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth Day of November, 1991. No. 30780-111191. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by the addition of new Article VI, Erection and Maintenance of Holiday Decorations~ Flags~ and Banners, to Chapter 30, Streets and Sidewalks; such new Article authorizing the City Manager to issue revocable permits allowing the display of holiday decorations, flags and banners from certain City owned poles, trees and facilities, establishing time limitations for such displays, regulating the size and shape of holiday decorations, flags and banners and providing for indemnification, insurance and other terms and conditions of display; repealing S27.1-3, Erection and maintenance of banner above and across streets; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of new Article VI, Erection and Maintenance of Holiday Decorations~ Flags~ and Banners, to Chapter 30, Streets and Sidewalks, such new Article to read and provide as follows: Article VI. Erection and Maintenance of Holiday Decorations, Flags, and Banners S30-109. Permits. The City Manager shall be authorized to issue to any person a permit, allowing the erection, maintenance, and removal of a holiday decoration or flag on or from a City-owned light standard, pole or other facility within the public right-of-way, allowing the erection, maintenance and removal of a holiday decoration from a City-owned tree, or allowing the erection, maintenance, and removal of a banner across either public property or a public right-of-way, when in his discretion, such holiday decoration, flag, or banner will promote the general welfare and economy of the City. The erection, maintenance or removal of any holiday decoration, flag, or banner pursuant to this section shall be at the sole expense of Permittee. No holiday decoration, flag, or banner may be erected or maintained without a proper application 192 being filed and a permit issued pursuant to this Article. Any holiday decoration, flag, or banner erected or maintained without a proper application being filed and permit issued may be removed and disposed of by the City Manager at the expense of the owner of such holiday decoration, flag, or banner, or the person or entity responsible for the erection or maintenance of such holiday decoration, flag, or banner. No religious or sectarian holiday decoration or flag may be erected or maintained on or from a City-owned light standard, pole, facility or tree, and no religious or sectarian banner may be erected or maintained across public property or a public right-of-way. S30-110. Definitions. For the purpose of this Article, the following words and phrases shall be defined as follows: (a) Banner shall mean a piece of canvas, cloth, plastic, weatherproof paper, or other material which is attached to a cable or other support suspended across either public property or a public right-of-way. A banner shall not be considered a "sign" or a "snipe sign" under Chapter 27.1 of this Code. (b) Flaq shall mean a single piece of canvas, plastic, cloth, paper, or other material which has been attached along one side or edge of a support. A flag shall not be considered a "sign" or a "snipe sign" under Chapter 27.1 of this Code. (c) Holiday shall mean a day or period of time that has been recognized by City Council by ordinance or resolution, including those City holidays established by S2-37 of this Code. (d) Holiday Decoration shall mean an assembly of canvas, plastic, cloth, paper, or other material, including lights, which forms a shape of an object that is related to a particular holiday and which is designed to draw attention to it. A holiday decoration shall not be considered a "sign" or a "snipe sign" under Chapter 27.1 of this Code. (e) Permittee shall mean any person or entity who or which has received a revocable permit from the 193 City Manager pursuant to this Article for the erection, maintenance or removal of a holiday decoration, flag or banner. §30-111. Time limitations. (a) Each application for a permit under this Article shall be completed and submitted on a form supplied by the City at least thirty (30) calendar days prior to the time proposed for erection of a holiday decoration, flag or banner. (b) A holiday decoration may be erected and maintained for a maximum time period of two (2) weeks, except for the Thanksgiving, Christmas, and New Year's Day holidays. A holiday decoration for Thanksgiving, Christmas, or New Year's Day holidays may be erected and maintained from November 1st through January 15th, but any such holiday decoration may be illuminated only from Thanksgiving Eve through January 5th. (c) A flag may be displayed for a maximum time period of thirty (30) days, or such shorter period as may be established by the permit issued by the City Manager, and shall be removed for a minimum of one hundred eighty (180) consecutive days prior to reapplication for a permit to erect said flag again. (d) A banner may be displayed for a continuous period of up to thirty (30) days, or such shorter period as may be established by the permit issued by the City Manager, and such banner shall be removed for a minimum of one hundred eighty (180) consecutive days prior to reapplication for a permit to erect the same banner again. (e) No permit shall be issued more than six (6) months before the date on which a Permittee wishes to erect or display a holiday decoration, flag, or banner. (f) Permanent reservation of dates for a holiday decoration or a banner will not be allowed. Permanent reservation of dates for flags will not be allowed, except American flags on the last Monday in May (Memorial Day), Flag Day, July 4th (Independence Day), the first Monday in September 194 (Labor Day), and Veterans Day; and two (2) days before and one (1) day after each of said holidays may be reserved. S30-112. Size and shape of holiday decorations~ flags and banners. (a) The shape, size, weight, windload projection from supporting structure, and means of attachment of any holiday decoration, flag or banner shall be subject to review and approval in the sole discretion of the City Manager. When supported by post top street lights, a flag shall be attached to a wooden pole 7/8" in diameter or less, and no such flag shall be larger than 3' x 5'. When supported by a traffic signal pole, no flag shall be larger than 30" x 96", and any such flag shall be hung vertically and shall be hung above the mast arm which supports the traffic signal. (b) Under no circumstances shall the size or shape of any holiday decoration, flag, or banner interfere with the visibility of any traffic control device from ground level, the movement of traffic, or the illumination of streets. No banner shall at any point be less than seventeen (17) feet above ground level. S30-113. Other conditions. (a) Any permit issued under this Article shall be revocable with or without cause at the sole discretion of the City Manager. Revocation shall be effective upon the City Manager sending notice of such revocation by certified mail to the address of Permittee stated on the application or upon the City Manager delivering notice of such revocation to the address of Permittee stated on the application. Upon such mailing or delivery of notice of revocation, Permittee shall be considered to have received said notice. Permittee shall remove each holiday decoration, flag or banner, within twenty-four (24) hours after receipt of notification or seventy-two (72) hours after the date and time of the City Manager's sending notice of such revocation, whichever is sooner. Should Permittee fail to remove each holiday decoration, flag or banner, which is the subject of a revoked permit within the applicable time period, the City 195 Manager shall be entitled to remove and dispose of the same and charge Permittee for any and all expenses in doing so. (b) Permittee shall indemnify, keep and hold harmless the City, its officers, agents, and employees, from any and all claims, legal actions, judgments, or liabilities, and for any expenses incurred, including attorney fees, arising out of the erection, maintenance or removal of each holiday decoration, flag or banner. (c) Permittee shall obtain a certificate of insurance for public liability in the proper amounts and form, as prescribed by the City's Risk Management Officer. Said certificate of insurance shall name the City as an additional insured and shall be filed with the City's Risk Management Officer more than ten (10) calendar days before the first day of display of any holiday decoration, flag or banner, erected by the Permittee. (d) Any and all codes or regulations shall be complied with which pertain to the erecting, displaying, and removing of a holiday decoration, flag or banner. (e) Permittee shall obtain any and all necessary permission for the erection, maintenance, and removal of a holiday decoration, flag or banner, from the Virginia Department of Transportation. (f) The City Manager may require inspection of the condition, appearance, materials and shape, of each holiday decoration, flag or banner to be displayed before issuing a permit. The City Manager may reject and/or order the removal of any holiday decoration, flag or banner which, in the sole discretion of the City Manager, is tattered, frayed, faded, or otherwise unsightly, or which is an immediate threat to the health, safety or welfare of the general public or causing damage to any City-owned light standard, pole, facility, or tree. (g) The City Manager may impose conditions upon any permit or promulgate regulations to be complied with by any Permittee when such conditions or regulations are intended to protect the public 196 health, safety or welfare or to protect City-owned light standards, poles, facilities, or trees from being defaced, harmed or otherwise damaged. (h) The name, street address and telephone number of a person, who may be contacted by the City Manager after normal working hours should an emergency requiring immediate action arise, shall be stated in the application. (i) Permittee shall obtain any and all necessary permission for the erection, maintenance, and removal of a banner from the owners of the property to which the banners are attached and present proof acceptable to the City Manager of such permission upon application for the permit. (j) No more than one (1) banner shall be permitted in any one City block, but in no case shall any banner be within two hundred (200) feet of any other banner. 2. Section 27.1-3, Erection and maintenance of banners above and across streets, 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth Day of November, 1991. No. 30781-111191. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General Fund Appropriations, and providing for an emergency. 197 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural Contributions (1) .............................. $ 3,965,748.00 835,301.00 Revenue General Property Taxes Real Estate Tax (2) ............................. $49,976,300.00 33,407,000.00 1) Downtown Service District 2) Current- Downtown District Tax (001-002-7220-3712) (001-020-1234-0103) $44,000.00 44,000.00 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 llth Day of November, 1991. No. 30782-111191. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Civic Center Funds Appropriations, and providing for an emergency. 198 WHEREAS, for the usual daily operation of the Municipal__ Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of~.: Roanoke that certain sections of the 1991-92 General and Civic Center Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ...................... $12,047,285.00 10,698,395.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) .................. $ 635,353.00 Civic Center Fund Appropriations Civic Center - Promotional Contractual Services (3) .......................... $ 113,361.00 52,000.00 Revenue Non-Operating Revenue Operating Supplement - General Fund (4) ............ $ 767,566.00 735,566.00 1) Transfers to Civic Center Fund 2) CMERP - City Unappropriated 3) Fees for Prof. Services 4) Operating Supplement General Fund (001-004-9310-9505) (001-3323) (005-050-2106-2010) (005-020-1234-0951) $ 42,000.00 (42,000.00) 42,000.00 42,000.00 199 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth Day of November, 1991. No. 30783-111191. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government Jefferson High School Foundation (1) ............. Capital Improvement Reserve Public Improvement Bonds 1991 (2) ................ 1) Appropriations from Bonds 2) Buildings $ 10,940,837.00 3,500,000.00 (11,528,707.00) (5,975,667.00) (008-002-9654-9001) $ 3,500,000.00 (008-052-9701-9173) (3,500,000.00) 200 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth Day of November, 1991. No. 30784-111191. A RESOLUTION establishing Thursday, December 26, 1991, and Friday, December 27, 1991, as City holidays for certain employees for this calendar year only. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Thursday, December 26, 1991, and Friday, December 27, 1991, shall be observed as holidays for certain City employees as hereinafter provided. 2. City personnel who are not engaged in performing emergency service or other necessary and essential services for the City shall be excused from work on Thursday, December 26, 1991, and Friday, December 27, 1991. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work on December 26 and 27, 1991, such employees, regardless of whether they are scheduled to work on December 26 and 27, 1991, shall be accorded equivalent time off according to a schedule to be arranged by the City Manager. 201 3. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. AP P ROVE D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth Day of November, 1991. No. 30785-111191. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1992 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; and WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the 1992 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 11, 1991, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 1992 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator-elect and delegates to the 1992 Session of the General Assembly to attend Council's Special Meeting relating to legislative 2O2 matters, the date and time of which have been December 2, 1991, at 10:30 a.m. ATTEST: APPROVED City Clerk established to be Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30774-111891. AN ORDINANCE to amend SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally rezoned from RG-1, General Residential District, to C-2, General Commercial District. WHEREAS, application has been made to the council of the City of Roanoke to amend certain conditions presently binding upon a tract of~ land located at 911Tazewell Avenue, S. E., described as Lot 4, Block 4, according to the Map of Belmont Land Company, being further identified as Official Tax No. 4112104, which property was previously conditionally rezoned by the adoption of Ordinance No. 26770, on November 21, 1983; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, 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 11, 1991, 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 2O3 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 SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition filed in the City Clerk's Office on September 11, 1991, and as set forth in the report of the Planning Commission dated November 11, 1991. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30775-111891. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM- 2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 11, 1991, 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 204 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located at 911 Tazewell Avenue, S. E., designated on Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4112105, be, and is hereby rezoned from RM- 2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Petition, filed in the Office of the City Clerk on August 12, 1991, and that Sheet No. 411 of the Zone Map be changed in this respect. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30776-111891. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Appalachian Power Company, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, 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 205 WHEREAS, a public hearing was held on said application by the City Council on November 11, 1991, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of- way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Ail of a 10-foot alley and portions of two other alleys, lying west of First Street, S. W., between Franklin Road, S. W., and Day Avenue, $. W. be, and hereby are, 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 rights-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 rights-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 rights-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 rights-of-way is conditioned upon applicant's providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described portions of three alleys lying west of First Street, S. W., between Franklin Road, S. W., and Day Avenue, S. W., providing for all necessary easements for utilities, both public and private, and properly dividing the vacated 206 rights-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 Circuit Court within one (1) year 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 rights-of-way on all maps and plats on file in his office on which said rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the 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 Appalachian Power Company, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30777-111891. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, H & S Construction Company, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, 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 207 WHEREAS, a public hearing was held on said application by the City Council on November 11, 1991, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of- way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A block of Westport Avenue, $. W., running between 20th and 21st Street, S. W.; a portion of 21st Street, S. W., running between Westport Avenue, south to a 12' alley; and a 12' alley lying between Westport Avenue and Salem Avenue, S. W., and running between 20th and 21st Street, S. W. be, and hereby are, 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 rights-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 rights-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 rights-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 rights-of-way is conditioned upon applicant's providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described portions of Westport 2O8 Avenue, S. W., and 21st Street, S. W., and the 12-foot alley lying between Westport Avenue and Salem, Avenue, S. W., providing for all-~ necessary easements for utilities, both public and private, and properly dividing the vacated rights-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 one (1) year 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 rights-of-way on all maps and plats on file in his office on which said rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the 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 H & S Construction Company, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City .Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of November, 1991. No. 30786-111891. A RESOLUTION waiving certain provisions of Ordinance No. 22055, adopted February 3, 1975, relating to underground installation of telephone, telegraph, and electric wires, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The provisions of Ordinance No. 22055, adopted February 3, 1975, requiring that all telephone, telegraph, and electric wires and cables in the Gainsboro Neighborhood Development Project area shall, unless otherwise expressly authorized by Council, be placed~ 209 underground, are hereby waived to authorize the overhead relocation by Appalachian Power Company of an electric line to the east side of Fifth Street and to allow other utility lines to be attached to such poles all as more particularly described in the City Manager's report of November 18, 1991. 2. Except as provided herein or as otherwise expressly provided by this Council, the terms and provisions of Ordinance No. 22055 shall continue in full force and effect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30787-111891. A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), to provide for the use of Neighborhood Development grant funds for additional site preparation related to the construction of three single family dwellings on Loudon Avenue, N. W. 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, seal and attest, respectively, Amendment No. 1 to the Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), which Amendment shall provide for the use of additional Neighborhood Development grant funds in the amount of $10,000.00 for additional site preparation costs in connection with the Loudon Avenue New Houses Project, as more particularly set forth in the City Manager's report to Council dated November 18, 1991. 210 e Attorney. ATTEST: City Clerk The form of the Amendment shall be approved by the City APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30788-111891. A RESOLUTION authorizing the execution of a contract with The Wyatt Company, to provide a risk management audit and actuarial study for the City and the School Board. 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 The Wyatt Company, for the provision by such firm of a risk management audit and actuarial-- study to the City and the Roanoke City School Board, as more particularly set forth in the November 18, 1991, report of the City Manager to this Council. The Roanoke City School Board shall also be a party to such contract. 2. The contract authorized by this ordinance shall be in an amount not to exceed $29,500.00. 3. The contract with such firm shall be approved as to form by the City Attorney. City Clerk APPROVED Mayor 211 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30789-111891. A RESOLUTION establishing certain fees, rates, assessments and charges to be levied by the City. WHEREAS, it is the policy of this Council that City fees for special services should approximate the cost of such services; WHEREAS, this Council is desirous of establishing the schedule of fees, rates, assessments and charges of the City to ensure that all such charges are equitable, up-to-date and easily accessible to the public; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The fees, rates, penalties, assessments and charges set out in the document labeled "Fee Compendium - November 1991" attached to the Director of Finance's report dated November 11, 1991, are hereby adopted and established. 2. This resolution shall have no effect as to any fee, rate, penalty, assessment or charge which may be legally established only after public notice and/or hearing. 3. In case of any conflict or inconsistency between the Fee Compendium and State Code or City Code, the appropriate Code shall prevail. 4. The fees, rates, penalties, assessments and charges established as the Fee Compendium shall remain in effect until amended by this Council. AP P ROVE D City Clerk Mayor 212 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30791-111891. A RESOLUTION approving and endorsing the joint report of the City Manager and City Attorney, dated November 11, 1991, relating to City Council election procedures. BE IT RESOLVED by the Council of the City of Roanoke, as follows: 1. The joint report of the City Manager and the City Attorney, dated November 11, 1991, relating to City Council election procedures, including the recommended decision making process and timetable and the citizen task force, two members of which are to be appointed by each member of City Council, is hereby approved and endorsed. 2. The City Manager is authorized to retain the services of the Fifth Planning District Commission to conduct a study more particularly described in the joint report of November 11, 1991, and the City Manager is requested to provide administrative support to the staff of the Fifth Planning District Commission in their work on behalf of the City. 3. The City Attorney is authorized to prepare and publish such notices, file such petitions and applications and initiate such~ ~ court proceedings as may be deemed necessary in his discretion to implement the decisions of City Council in this matter. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30792-111891. A RESOLUTION repealing Resolution No. 30687-82691, and reinstating the December 16, 1991, regular meeting of City Council and cancelling the regularly scheduled meeting of City Council on December 23, 1991. 2124 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of November, 1991. No. 30790-112591. AN ORDINANCE authorizing the lease of 100 parking spaces in the Victory Stadium parking lot to Roanoke Memorial Hospitals, Inc., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate agreement providing for the leasing of 100 parking spaces in the southerly end of the Victory Stadium parking lot to Roanoke Memorial Hospitals, Inc. for a lease fee of $600.00 per month for a two year term. 2. At the end of the initial two-year term, such Lease may be extended on a month-to-month basis upon the mutual agreement of the parties. 3. Installation of necessary traffic control devices shall be at lessee's expense and lessee shall be responsible for maintenance and security, as well as short-term temporary revision of parking arrangements upon 48 hours notice from the City at lessee's expense. 4. Such lease shall include appropriate indemnification and liability insurance coverage on behalf of the City of Roanoke, as well as such other terms and conditions as are deemed necessary, as more particularly set forth in the report to this Council dated November 18, 1991. APPROVED ATTEST: City Clerk 213 follows: BE IT RESOLVED by the Council of the City of Roanoke as 1. Resolution No. 30687-82691, is hereby repealed, and the Monday, December 16, 1991, regular meeting of City Council is reinstated. 3. The regular meeting of City Council scheduled for Monday, December 23, 1991, is hereby cancelled. 2. The City Clerk shall take appropriate action to advise the public of the schedule changes noted above. ATTEST: City Clerk A P P ROVE D Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of November, 1991. No. 30793-112591. AN ORDINANCE authorizing the issuance of Twenty-Nine Million Five Hundred and Five Thousand Dollars ($29,505,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of capital improvements to the water system of 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; and providing for an emergency. 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 $29,505,000 principal amount of General Obligation Public Improvement Bonds of the City to provide funds to defray the cost of capital improvements to the water system of 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 Public Improvement Bonds; 214 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia: SECTION 1. Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991, and the Charter of the City, as amended, for the purpose of providing funds to defray the cost of capital improvements to the water system of the City, there are authorized to be issued Twenty-Nine Million Five Hundred and Five Thousand Dollars ($29,505,000) principal amount of general obligation bonds of the City to be designated "General Obligation Public Improvement Bonds" (the "Bonds"). The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. 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 serially, commencing in such year 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 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 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 8 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-- 215 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 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 shall be and is irrevocably pledged to the punctual payment of the principal of 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 upon all property in the City subject to taxation by the City a tax sufficient to provide for the payment of the principal of and interest on the Bonds as the same become due. 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 signature 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 216 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 inspec tion by the City or any duly authorized officer thereof. Any Bond may be exchanged at the principal 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. Ail 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 217 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 City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. 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 and final Official Statement relating to the Bonds. SECTION 8. 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: 218 (FORM OF BOND) 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 the first day of and on the first day of of each year, commencing on the first day of , 19 (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 Paying Agent, in the City of , . Principal of, premium, if any, and interest on 219 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 capital improvements to the water system of 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 interest payment 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 principal amount of the Bonds (or portions thereof in installments of $5,000) to be redeemed, together with the interest accrued thereon to the date fixed for redemption, plus a premium of [INSERT REDEMPTION PREMIUMS]. 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. 22O Subject to the limitations and upon payment of the charges, 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. 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 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. ~ 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 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 221 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 · · CITY OF ROANOKE· VIRGINIA [SEAL] Mayor Attest: City Treasurer City Clerk (FORM OF CERTIFICATE OF AUTHENTICATION) CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. · Registrar By: Authorized Officer Date of Authentication: (FORM OF ASSIGNMENT) 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) 222 PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or on the trust company. (Signature of Registered Owner) NOTICE: The signature above correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 9. General obligation 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 (or a summary thereof) 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 6 shall apply to such notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such notes are not paid from the proceeds of the Bonds or from any other available funds. The sale of such notes and the form and other details thereof shall be approved, ratified and confirmed by resolution or ordinance of this Council. Bonds in anticipation of which such bond anticipation notes are issued pursuant to this Section 9 may-~ 223 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. 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. Ail 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. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th Day of November, 1991. No. 30794-112591. A RESOLUTION requesting the 1992 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on November 25, 1991, at 7:00 p.m., in the Gymnatorium of the Hurt Park Elementary School, 1525 Salem Avenue, S. W., Roanoke, Virginia, after due and proper publication of the notice of public hearing pursuant to S15.1-835, 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 224 WHEREAS, upon conclusion of such public hearing and upon consideration of the proposed amendment to such Charter, the Council of opinion that the 1992 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 1992 Session of the General Assembly to amend Section 47 of the Roanoke Charter of 1952, as presently amended, by adding the words hereinafter shown as underscored and deleting the words hereinafter shown as stricken: S47. Bond issues; borrowinq in anticipation of issuance of bonds. The council may, in the name and for the use of the city, cause to be issued bonds for any one or more of the following purposes, namely: to provide for parks and other recreational purposes, water supply, water works, electric lights or other lighting system, suitable equipment against fire, or for erecting or improving bridges, viaducts, school buildings, jails, city halls, fire houses, libraries, museums, and Other public buildings, incinerators, auditoriums, armories, airports and equipment and furnishings for same; hospitals and clinics, a local bus transportation system to operate on regular schedules; grading, paving, repaving, curbing, or otherwise improving any one or more of the streets or alleys, or widening existing ones; or for locating, instituting and maintaining sewers, drains and culverts, or for any other permanent public improvement; to provide for a revolving fund of not more than five hundred thousand dollars ( $500,000.00 ) for the establishment of a pool of automobiles, trucks and other automotive and movable equipment, provided, that the council shall first establish by ordinance such conditions under which the respective departments, courts, bureaus, boards, commissions, offices and agencies of the city shall have the use of such equipment as will recoup the said fund within the estimated life of each class and type of such equipment; provided that no such bonds shall be issued except by ordinance adopted by a majority :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~:~:~:~:~:~ :~:~:~.~:~....~..~:~:~:~:~:~:~ ~:~:~:~:~:~:~:~ ~...~:~:~:[:~......~ ~:~:.....:[:~:~:~:[::...,;.,..:~:?,~:~:~.......:~[:[:~:~:~:~-..... ~.~.. ~.~:~...~...~:~;~[:~;~;~...~::...:::t.%:,:...::~ 225 the acquisition of a supply of water to said city and its inhabitants, or for other speci fic undertaking, from which the city may derive a revenue, as provided in the Constitution of Virginia and Chapter 358 of the Acts of Assembly of 1918, as amended by Chapter 217 of the Acts of Assembly of 1930, shall be issued except by ordinance adopted by a majority of all members of such bonds shall not be irredeemable for a period greater than thirty-five years. The council ma¥~ in its discretion~ require that an ordinance adopted by said council authorizinq the issuance of general obligation bonds~ as defined by the Public Finance Act of 1991~ be approved by the affirmative vote of the majority of the qualified voters of the city votinq on the question at an election for such purpose to be called~ held and conducted in accordance with an ordinance adopted by the said council providinq for such election and for giving due publicity to the same and also providinq by whom and how the ballots shall be prepared and return canvassed and the result certified. In no case shall the city issue any bonds or other interest-bearing obligations which, including existing indebtedness, shall at any time exceed ten percent of the assessed valuation of the real estate in the city subject to taxation, as shown by the last preceding assessment for taxes. In determining the limitation for the city, there shall not be included the classes of indebtedness described in paragraphs (1), (2), (3) and (4) of subsection (a) of Section 10 of Article VII of the Constitution of Virginia. 226 The said council shall not endorse the bonds of any company whatsoever or make the city liable therefor without the same authority. The said council shall determine the form and the manner of execution of the bonds, including any interest coupons to be attached thereto. Any bonds issued under the provisions of this Charter and any interest coupons attached thereto, if so authorized by the said council, may bear or be executed with the facsimile signature of any official authorized to sign or to execute such bonds or coupons. In case any law shall provide for the sealing of such bonds with the official or corporate seal of the city or of the said council or any official thereof, a facsimile of such seal may be imprinted on the bonds if so authorized by said council, and it shall not be necessary in such case to impress such seal physically upon such bonds. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any bond may bear the facsimile signature of, or may be signed by, such persons as at the actual time of the execution of such bonds shall be the proper officers to sign such bond although at the date of such bond such persons may not have been such officers. When all signatures on bonds are facsimiles, the bonds must be authenticated by an approved agent of the said council. The said bonds shall be sold by resolution of the council and the proceeds used under its direction. Every bond issued by the council shall state on its face for what purpose or purposes it is issued, and the proceeds shall be applied exclusively to the purpose or purposes for which such bonds are issued. In anticipation of the issuance of bonds under the provisions of this section or under the provisions of the Public Finance Act of ~ 1991, as from time to time amended, and of the receipt of the proceeds of sale of such bonds, the 227 council may, in the name and for the use of the city, by resolution adopted by the council, cause to be borrowed money for the purpose for which such bonds have been authorized and within the maximum authorized amount of the bond issue. The resolution authorizing any such borrowing shall specify the maximum rate of interest to be paid by the city on such loan, and each such loan shall mature and be paid within five years from the date of its original issue. The city may, in its discretion, retire any such loans by means of current revenues, special assessments, or other funds, in lieu of retiring them by means of bonds, and may, thereafter, provide for the issuance of the maximum amount of bonds that has been authorized without reduction by the amount of such loans retired in such manner. Negotiable notes shall be issued for all moneys borrowed in anticipation of the issuance of bonds under this section or of the Public Finance Act of ~ 1991, as amended, and such notes may be renewed from time to time, but all such notes shall mature within the time limited by this section. The issuance of such notes and other details thereof shall be governed by provisions of the resolution or ordinance of the council authorizing such borrowing, not inconsistent with the provisions contained in this paragraph. 2. The City Clerk is directed to forthwith, as provided by S15.1-834, 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 1992 Session of the said General Assembly two copies of this resolution setting forth the requested amendments to the Roanoke Charter of 1952, as presently amended, to be put into the form of a bill to be introduced at the 1992 Session of the General Assembly. ATTEST: City Clerk APPROVED Mayor 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of November, 1991. No. 30795-112591. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government Personnel Management (1) ........................ Nondepartmental Contingency - General Fund (2) .................. $ 8,705,577.00 600,924.00 11,969,111.00 285,216.00 1) Fees for Professional Services 2) Contingency (001-050-1261-2010) (001-002-9410-2199 $ 36,174.00 (36,174.00) BE IT FURTHER ORDAINED that, an emergency existing, this-- Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th Day of November, 1991. No. 30796-112591. A RESOLUTION authorizing the execution of a contract with Towers, Perrin, Forrester & Crosby, Inc., of Rosslyn, Virginia, to provide certain consulting services, specifically, review of the City pay plan. 229 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 Towers, Perrin, Forrester & Crosby, Inc., for the provision by such firm of consulting services to review the City pay plan, as more particularly set forth in the November 18, 1991 report of the City Manager to this Council, said agreement to be in such form as is approved by the City Attorney. 2. The contract authorized by this resolution shall be in the amount of $36,174.00. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of November, 1991. No. 30797-112591. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY92 (1-46) ........................................ $1,278,435.00 Fifth District Employment & Training Consortium - FYgl (47-49) ....................................... 2,212,046.00 23O Revenue Fifth District Employment & Training Consortium - FY92 (50-52) ....................................... Fifth District Employment & Training Consortium - FY91 (53-54) ....................................... 1) Wages and Other Administration 2) Wages 3) Fringes 4) Travel 5) Communication 6) Supplies 7) Wages and Other Administration 8) Wages 9) Fringes 10) Travel 11) Communications 12) Supplies 13) Leases 14) Insurance 15) Miscellaneous 16) Wages and Other Administration 17) Wages 18) Fringes 19) Travel 20) Supplies 21) Miscellaneous 22) Wages and Other Administration 23) Wages 24) Fringes 25) Travel 26) Communications 27) Supplies 28) Insurance 29) Miscellaneous 30) Wages and Other Administration 31) Wages 32) Fringes 33) Supplies 34) Miscellaneous 35) College of Health Sciences 36) Virginia Western 37) ABE/GED TAP (034-054-9269-8409) $ 654.00 (034-054-9269-8421) 5,367.00 (034-054-9269-8422) 912.00 (034-054-9269-8423) 29.00 (034-054-9269-8424) 126.00 (034-054-9269-8425) 108.00 (034-054-9269-8420) 6,073.00 (034-054-9269-8110) 41,326.00 (034-054-9269-8111) 7,153.00 (034-054-9269-8112) 387.00 (034-054-9269-8113) 1,230.00 (034-054-9269-8115) 2,979.00 (034-054-9269-8118) 6,720.00 (034-054-9269-8410) 900.00 (034-054-9269-8411) 40.00 (034-054-9269-8412) 2,847.00 (034-054-9269-8260) 23,820.00 (034-054-9269-8261) 4,039.00 (034-054-9269-8262) 538.00 (034-054-9269-8266) 36.00 (034-054-9269-8413) 40.00 (034-054-9269-8414) (034-054-9269-8285) (034-054-9269-8286) (034-054-9269-8287) (034-054-9269-8288) (034-054-9269-8289) (034-054-9269-8415) (034-054-9269-8416) (034-054-9269-8417) (034-054-9269-8315) (034-054-9269-8316) (034-054-9269-8418) (034-054-9269-8419) (034-054-9269-8234) (034-054-9269-8192) (034-054-9269-8269) 11,054.00 32,090.00 5,636.00 652.00 504.00 499.00 135.00 120.00 683.00 5,610.00 761.00 414.00 40.00 1,429.00 6,897.00 41,500.00 $1,278,435.00 2,212,046.00 231 38) Funding Authority 39) Wages and Other Administration 40) Wages 41) Fringes 42) Travel 43) Supplies 44) Wages 45) Fringes 46) TAP 47) Wages 48) Fringes 49) Summer Youth Institute 50) Employment Services 51) JOBS/FSET 52) Adult Literacy 53) Summer Food - Local 54) Title IIB - Administration (034-054-9269-9990) (034-054-9272-8009) (034-054-9272-8050) (034-054-9272-8051) (034-054-9272-8052) (034-054-9272-8055) (034-054-9271-8010) (034-054-9271-8011) (034-054-9271-8172) (034-054-9185-8426) (034-054-9185-8427) (034-054-9165-8446) (034-034-1234-9269) (034-034-1234-9272) (034-034-1234-9275) (034-034-1234-9187) (034-034-1234-9178) $ 21,071.00 1,529.00 18,525.00 3,388.00 288.00 270.00 8,479.00 983.00 55,957.00 6,835.00 550.00 4,000.00 234,419.00 24,000.00 65,419.00 7,385.00 4,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of November, 1991. No. 30798-112591. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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. 232 · H~R~OR~, B~ I~ ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Capital Fund-- Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Sanitation Statesman Industrial Park (1) .................... Capital Improvement Reserve Public Improvement Bonds 1990 (2) ................ $ 6,593,078.00 476,985.00 (8,060,692.00) (2,492,652.00) 1) Appropriations from Bonds 2) Storm Drains (008-052-9656-9001) (008-052-9700-9176) $ 16,985.00 (16,985.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th Day of November, 1991. No. 30799-112591. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Mattern & Craig, Inc., for the engineering services in connection with the Statesman Industrial Park project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Mattern & Craig, Inc., related to engineering services in connection with the Statesman Industrial Park project. 2. Such Change Order shall provide for the following changes in the work to be performed: 233 ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1: Additional design work and estimates for adding stormwater separation compartments to the design of the detention basin and burying the required geomembrane liner for treatment and maintenance purposes Preparation of an additional subdivision plat for odd curve on Sleepy Drive Exploratory excavation to locate septic field lines Preparation of additional plats for construction of standard cul-de-sacs at three dead end streets TOTAL 310~000.00 11,500.00 + $ 825.00 + $ 860.00 + $ 3t800.00 $ 16,985.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 326t985.00 Additional time required for Change Order No. 1 None. 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 234 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th Day of November, 1991. No. 30800-112591. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Williams Painting and Remodeling, Inc., for the construction of the Crisis Intervention Center building; 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 is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Williams Painting and Remodeling, Inc., dated June 24, 1991, related to the construction of the Crisis Intervention Center building. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT Contract Amount Including Previous Change Order CHANGE ORDER NO. 2: $ 487,234.00 $ 493,873.81 Soil and Erosion Control Work $ 9,284.00 Extension of Water Main Line $ 2f048.20 TOTAL $ 11,332.20 TOTAL CONTRACT AMOUNT $ 505f206.01 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 235 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of November, 1991. No. 30801-112591. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General, Civic Center and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General, Civic Center and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations City Clerk (1) ................................... $ Personnel Lapse (2) .............................. ( Director of Finance (3) .......................... Transfers to Other Funds (4) ..................... Treasurer (5) .................................... Commissioner of Revenue (6) ...................... Real Estate Valuation (7) ........................ Sheriff (8) ...................................... Jail (9) ......................................... Commonwealth Attorney (10) ....................... Clerk of Circuit Court (11) ...................... Personnel Management (12) ........................ Police-Administration (13) ....................... Fire-Technical Services (14) ..................... Fire-Operations (15) ............................. Fire-Training (16) ............................... Parks Maintenance (17) ........................... Recreation (18) .................................. Street Maintenance (19) .......................... Communications (20) .............................. Signals and Alarms (21) .......................... Refuse Collection (22) ........................... Recycling (23) ................................... Custodial Services (24) .......................... Engineering (25) ................................. Building Maintenance (26) ........................ Community Planning (27) .......................... Crisis Intervention (28) ......................... Social Services-Administration (29) .............. Social Services-Income Maintenance (30) .......... Social Services-Services (31) .................... 293,691.00 569,740.00) 1,552,527.00 10,636,884.00 703,890.00 712,117.00 707,705.00 1,332,242.00 4,126,915.00 680,714.00 847,913.00 571,885.00 198,194.00 246,614.00 10,152,512.00 119,316.00 2,986,373.00 1,229,808.00 2,522,454.00 1,529,256.00 654,376.00 4,141,085.00 168,319.00 886,810.00 1,215,376.00 3,059,055.00 376,696.00 376,481.00 439,928.00 3,691,315.00 6,307,805.00 236 Social Services-Employment Services (32) ......... Libraries (33) ................................... Revenue Commonwealth Attorney (34) ....................... $ Sheriff (35) ..................................... Commissioner of Revenue (36) ..................... Treasurer (37) ................................... Jail (38) ........................................ General Administration (39) ...................... Employment Services (40) ......................... Director of Social Services-Administration (41).. Civic Center Fund Appropriations Civic Center-Operating (42) ...................... $ Revenue Operating Supplement-General Fund (43) ........... $ Internal Service Fund Appropriations Personnel Lapse (44) ............................. $( City Information Systems (45) .................... Fleet Maintenance (46) ........................... Utility Line Services (47) ....................... 1) 2) 3) 4) 5) 6) 7) 8) 9) Regular Employee Salaries Salary Lapse Regular Employee Salaries Transfers to Civic Center Fund Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-001-1120-1002) (001-002-9410-1090) (001-004-1231-1002) 1,159.00 305,260.00 37.00 (001-004-9310-9505) (19,511.00) (001-020-1234-1002) ( 335.00) (001-022-1233-1002) ( 3,110.00) (001-023-1235-1002) (14,668.00) (001-024-2140-1002) ( 2,255.00) (001-024-3310-1002) (19,172.00) 858,297.00 1,871,388.00 469,896.00 1,042,240.00 198,948.00 247,031.00 3,623,060.00 2,093,548.00 552,878.00 1,863,294.00 1,553,269.00 674,055.00 49,633.00) 2,161,671.00 1,891,909.00 2,724,919.00 237 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 2O) 21) 22) 23) 24) 25) 26) 27) 28) 29) 3O) 31) 32) 33) 34) 35) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Commonwealth's Attorney Sheriff (001-026-2210-1002) $( (001-028-2111-1002) ( (001-050-1261-1002) (001-050-3111-1002) ( (001-050-3212-1002) ( (001-050-3213-1002) ( (001-050-3214-1002) ( (001-050-4340-1002) ( (001-050-7110-1002) ( (001-052-4110-1002) ( (001-052-4130-1002) ( (001-052-4160-1002) ( (001-052-4210-1002) ( (001-052-4211-1002) (001-052-4220-1002) ( (001-052-4310-1002) ( (001-052-4330-1002) ( (001-052-8110-1002) (001-054-3360-1002) (001-054-5311-1002) ( (001-054-5313-1002) ( (001-054-5314-1002) ( (001-054-5316-1002) ( (001-054-7310-1002) ( (001-020-1234-0610) ( (001-020-1234-0611) ( 4,973.00) 16,484.00) 7,135.00 45,012.00) 1,630.00) 65,869.00) 5,g00.00) 16,730.00) 1,530.00) 34,170.00) 12,693.00) 22,364.00) 38,892.00) 23,037.00 7,198.00) 10,975.00) 632.00) 399.00 792.00 143.00) 26,016.00) 39,994.00) 1,171.00) 8,608.00) 4,973.00) 2,255.00) 238 36) Comm. of Revenue (001-020-1234-0612) $( 37) Treasurer (001-020-1234-0613) 38) Jail (001-020-1234-0651) 39) General Admin. (001-020-1234-0676) 40) Employment Svcs. (001-020-1234-0681) 41) Director of Soc. Services-Admin. (001-020-1234-0685) 42) Regular Employee Salaries 43) Oper. Supplement- General Fund 44) Salary Lapse 45) Regular Employee Salaries 46) Regular Employee Salaries 47) Regular Employee ~Salaries (005-050-2105-1002) (005-020-1234-0951) (006-002-9411-1090) (006-050-1601-1002) (006-052-2641-1002) (006-056-2625-1002) 1,555.00) ( 168.00) (19,172.00) (20,879.00) ( 1,171.00) ( 32,043.00) ( 19,511.00) (19,511.00) 50,367.00 (10,150.00) ( 9,819.00) (30,398.00) 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 25th Day of November, 1991. No. 30802-112591. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 239 Appropriations Recreation Improvements to 4 Parks - 1991 (1) ................. Capital Improvement Reserve Public Improvement Bonds 1988 (2) .................. $ 412,538.00 190,000.00 (8,233,707.00) 394,622.00 1) Appropriations from Bonds 2) Parks (008-050-9678-9001) $ 190,000.00 (008-052-9603-9180) (190,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th Day of November, 1991. No. 30803-112591. AN ORDINANCE accepting the bid of Acorn Construction Ltd., for improvements to four City parks, 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Acorn Construction Ltd., made to the City in the total amount of $181,500.00, for improvements to Huff Lane, Strauss, Garden City and Westside parks, such bid being in full compliance with the City's plans and specifications made therefor as modified through negotiations between the City and the bidder in accordance with S23.1- 14.C, Code of the City of Roanoke (1979), as amended, as more particularly set forth in the November 25, 1991 report of the City Manager to this Council, 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, for and on behalf of the City, to 240 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, execution of such contract to be subject to approval of the appropriate supporting documents. 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: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of November, 1991. No. 30804-112591. A RESOLUTION authorizing a contract between the City and Discover Financial Services for the acceptance of the Discover Card for ticket purchases at the Roanoke Civic Center upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate agreement with Discover Financial Services for the acceptance of the Discover Card at the Roanoke Civic Center as a method of payment for ticket purchases, said agreement to contain such terms and conditions as 241 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd Day of December, 1991. No. 30805-120291. A resolution authorizing articles of amendment to the Roanoke County Resource Authority, authorizing the joinder of the City of Roanoke and the Town of Vinton to the Roanoke County Resource Authority, and authorizing the creation of the Roanoke Valley Resource Authority. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, ("County"), the Council of the City of Roanoke, Virginia, ("City"), and the Council of the Town of Vinton, Virginia, ("Town") have determined that it is in their best interests to authorize the City of Roanoke and the Town of Vinton to become members of the existing Roanoke County Resource Authority, pursuant to the provisions of the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of Virginia (1950), as amended, ("Act"); and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, and the Council of the Town of Vinton, Virginia, do by concurrent resolutions provide for the joinder of said political subdivisions to the Roanoke County Resource Authority pursuant to S15.1-1248 of the Act; and WHEREAS, public hearings have been held in accordance with the requirements of S~15.1-1243, 15.1-1248, and 15.1-1250.01 of the Act; and WHEREAS, the Roanoke County Resource Authority has, by resolution, expressed its consent to the joining of these other political subdivisions to become members of the existing Authority. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The joinder of the City and the Town as members to the Roanoke County Resource Authority is hereby approved, and the Articles of Amendment of the Roanoke County Resource Authority specifies the number and term of office of members of the expanded Authority. 2. That the Articles of Amendment of the Roanoke County Resource Authority are as follows: 242 ARTICLES OF AMENDMENT OF THE ROANOKE COUNTY RESOURCE AUTHORITY The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, and the Council of the City of Roanoke have by concurrent resolution adopted the following amendments to the Articles of Incorporation of the Roanoke County Resource Authority pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia (1950), as amended) ("Act"): (1) The name of the Authority shall be the Roanoke Valley Resource Authority and the address of its principal office is 3738 Brambleton Avenue, Roanoke, Virginia 24018-0798. (2) The names of the incorporating political subdivisions are the County of Roanoke, Virginia; the City of Roanoke, Virginia; and the Town of Vinton, Virginia. The County of Roanoke, the City of Roanoke, and the Town of Vinton, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the incorporating political subdivisions. Neither of the following actions shall be taken or permitted to occur by the Authority without the consent of the City of Roanoke and_ the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority: (a) Any change in the terms or conditions of design or operation of the Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning Commission on June 5, 1991, and the Part A and Part B applications for the Transfer Station as approved by the Commonwealth of Virginia, or any expansion or modification thereof or use by any persons or entities other than City, County, or Town; (b) Any change in the terms and conditions of the design or operation of the Landfill located in Roanoke County as set forth in the special use permit and the Landfill Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12, each dated June 27, 1989, and the Part A and Part B applications for the Landfill as approved by the Commonwealth of Virginia. Since the Landfill and Transfer Station are scarce and valuable resources, and because the incorporating political subdivisions have a common interest in insuring that the Landfill is utilized in the t best possible and most efficient manner, the incorporating political subdivisions agree that Authority membership and operation and use and operation of the Transfer Station and Landfill shall be governed by the terms and conditions of the Roanoke Valley Resource Authority Members Use Agreement ("Use Agreement") dated October 23, 1991. (3) The names, addresses, and terms of office of the members of the Board of the Roanoke Valley Resource Authority ("Authority") are as follows: Name 1. Gardner W. Smith Address P. O. Box 29800 3738 Brambleton Ave. Roanoke, Virginia 24018 Term Expires 12/31/95 2. Diane D. Hyatt 3. John R. Hubbard 4. Mikeiel T. Wimmer 5. Joel M. Schlanger 6. Kit B. Kiser P. O. Box 29800 3738 Brambleton Ave. Roanoke, Virginia 24018 P. O. Box 29800 3738 Brambleton Ave. Roanoke, Virginia 24018 3878 Harborwood Road Salem, Virginia 24153 Room 461, Municipal Bldg. 215 Church Ave., S.W. Roanoke, Virginia 24011 Room 354, Municipal Bldg. 215 Church Ave., S.W. Roanoke, Virginia 24011 12/31/94 12/31/93 12/31/93 12/31/95 12/31/94 7. S. Brad Corcoran P.O. Box 338 12/31/95 311S. Pollard Street Vinton, Virginia 24179 The terms of office of each of the members shall become effective on the date of issuance of a certificate of joinder for the Authority by the State Corporation Commission in accordance with the provisions of S15.1-1248 of the Act. The governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: 244 County of Roanoke - four City of Roanoke - two Town of Vinton - one It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, such governing body shall be entitled to appoint one or more additional members in order to maintain such majority. Initially, the governing body of the County of Roanoke shall appoint one member for a four-year term, one member for a three-year term, and two members for a two-year term. Initially, the governing body of the City of Roanoke shall appoint one member for a four-year term and one member for a three-year term. Initially, the governing body of the Town of Vinton shall appoint one member for a four-year term. After the initial terms, each member shall be appointed for a four-year term or until his successor is appointed and qualified. Any additional members appointed by the County of Roanoke to maintain its majority pursuant to the foregoing paragraph shall also be appointed for four-year terms. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member may be reimbursed by the Authority for the amount__ of actual expenses incurred by him in the performance of his duties. ~ (4) The purpose for which the Authority is to be formed is to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain a garbage and refuse collection and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents entered into on behalf of Authority, "garbage and refuse collection and disposal system and related facilities" shall mean collection and disposal of garbage and refuse at and through a transfer facility owned and operated by the Authority and the associated landfill or disposal operations only. The Authority shall not be authorized to engage in or provide for individual residential or business collection activities or services. The Authority shall contract with the County of Roanoke, the City of Roanoke, and the Town of Vinton to furnish garbage and refuse collection and disposal services upon identical terms and conditions including the same schedule of service rates, fees and charges of all types which shall be uniformly applicable to both such political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other political subdivisions to furnish garbage and trash disposal services upon such terms and conditions as the Authority shall determine. The Authority may contract to make host locality payments to Roanoke County and Roanoke City to compensate the County and 245 City in consideration of location of facilities within their communities. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for the proposed projects. (5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of Vinton and, to the extent permitted by the Act and by the terms of these Articles and the Use Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. (6) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. 3. A copy of the Roanoke Valley Resource Authority Members Use Agreement is available for inspection in the Office of the City Clerk, Room 456, Municipal Building, Office of the Clerk to the Board, Administration Center, and Office of the Town Manager, 311 Pollard Street. 4. (i) Privately-owned sanitary landfill services are not available in a reasonable and cost efficient manner, and (ii) Operation by the Roanoke Valley Resource Authority of a sanitary landfill and any related facilities or the contract for such operation in spite of any potential anti-competitive effect is important to provide for the development and/or operation of a regional system of garbage and refuse collection and disposal for the County of Roanoke, the City of Roanoke, and the Town of Vinton and such other governmental units or private entities as the Authority may determine. 0 its adoption. That this resolution shall take effect immediately upon APPROVED ATTEST: City Clerk Mayor 246 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd Day of December, 1991. No. 30806-120291. A RESOLUTION approving and adopting a Comprehensive Housing Affordability Strategy, dated December 2, 1991, for the City of Roanoke. WHEREAS, the Cranston-Gonzalez National Affordable Housing Act of 1990 requires that entitlement communities, such as the City of Roanoke, develop a Comprehensive Housing Affordability Strategy("CHAS") as a condition to receiving federal funding under certain community development and housing programs; WHEREAS, the CHAS was developed by the City Planning Commission which held a duly advertised public hearing with respect to such document on September 25, 1991, at which all citizens desiring to comment on the CHAS were afforded the opportunity to do so; WHEREAS, the draft CHAS was made available for a 60-day public review and comment period, as required by the United States Department of Housing and Urban Development regulations, from August 8, 1991, through October 7, 1991; and WHEREAS, the Planning Commission has recommended adoption of the CHAS to this Council, and Council has held a duly advertised public hearing on the CHAS and is desirous of approving and adopting the Cf[AS; THEREFORE, BE IT RESOLVED by the Council of the City of ~' Roanoke as follows: 1. The Comprehensive Housing Affordability Strategy, dated December 2, 1991, recommended to this Council by the City Planning Commission, is hereby approved and adopted. 2. The City Manager is directed to file the Comprehensive Housing Affordability Strategy with the United States Department of Housing and Urban Development. 247 3. Appreciation is expressed to the City Planning Commission for its assistance in the development, review and recommendation of the Comprehensive Housing Affordability Strategy. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd Day of December, 1991. No. 30807-120291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $1,090,660.00 Hazardous Materials Response Team (1) ............ 121,665.00 Revenue Public Safety $1,090,660.00 Hazardous Materials Response Team (2) ............ 121,665.00 1) Other Equipment (035-050-3220-9015) $ 16,000.00 2) State Revenue (035-035-1234-7067) 16,000.00 248 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 2nd Day of December, 1991. No. 30808-120291. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for the purchase of equipment for the Hazardous Materials Regional Response Team__~ and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Hazardous Materials Response Team grant in the total amount of $16,000 from the Virginia Department of Emergency Services for the purchase of specialized equipment for such Team. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant. 249 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the aforegoing grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd Day of December, 1991. No. 30809-120291. A RESOLUTION designating a Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on December 12 through 16, 1991, and any Business Meetings in connection with such Conference, the Honorable Elizabeth T. Bowles, Member of City Council, is hereby designated Voting Delegate on behalf of the City. 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. 3. Resolution No. 30688-82691, adopted August 26, 1991, is hereby repealed. ATTEST: City Clerk APPROVED Mayor 25O IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th Day of December, 1991. No. 30813-120991. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant and General Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant and General Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Grant Fund Appropriations Education Flow Through 1991-92 (1-11) ..................... Child Development Clinic 1991-92 (12-14) ........ Child Specialty Services 1991-92 (15-18) ........ Juvenile Detention Home 1991-92 (19-24) ......... 1992 Western Virginia Regional Science Fair (25-26) .......................... Impact Aid 1991-92 (27-32) ...................... 18,971,317.00 819,048.00 54,920.00 67,969.00 79,029.00 7,600.00 48,789.00 Revenue Education Flow through 1991-92 (33-34) .................... Child Development Clinic 1991-92 (35) ........... Child Specialty Services 1991-92 (36) ........... Juvenile Detention Home 1991-92 (37) ............ 1992 Western Virginia Regional Science Fair (38-39) .......................... Impact Aid 1991-92 (40) ......................... 18,971,317.00 819,048.00 54,920.00 67,969.00 79,029.00 7,600.00 48,789.00 251 General Fund Appropriations Education Instruction (41) ................................. Other Uses of Funds (42) ......................... $ 48,576,039.00 1,072,949.00 1) Coordinator 2) Teachers 3) Classroom Aides 4) Social Security 5) State Retirement 6) Health Insur. 7) State Group Life Insur. 8) Bus Aides 9) Social Security 10) Health Insur. 11) Contracted Health Services 12) Travel 13) Supplies 14) Equipment 15) Indirect Costs 16) Travel 17) Supplies 18) Equipment 19) Educational Coordinators 20) Substitutes 21) Indirect Costs 22) Travel 23) Supplies 24) Equipment 25) Travel Expenses 26) Instructional Materials 27) Volunteer Coordinator 28) Clerical (035-060-6592-6453-0124) $ 8,730.00 (035-060-6592-6453-0121) 5,949.00 (035-060-6592-6453-0141) 5,984.00 (035-060-6592-6453-0201) 1,581.00 (035-060-6592-6453-0202) 3,463.00 (035-060-6592-6453-0128) (14,439.00 (035-060-6592-6453-0205) 221.00 (035-060-6592-6553-0142) 207.00 (035-060-6592-6553-0201) 16.00 (035-060-6592-6553-0128) ( 602.00 (035-060-6592-6553-0311) 52,938.00 (035-060-6593-6554-0551) 1,300.00 (035-060-6593-6554-0614) 400.00 (035-060-6593-6554-0821) 1,350.00 (035-060-6594-6554-0212) 200.00 (035-060-6594-6554-0551) 1,300.00 (035-060-6594-6554-0614) 400.00 (035-060-6594-6554-0821) 1,350.00 (035-060-6595-6554-0138) 2,236.00 (035-060-6595-6554-0021) 150.00 (035-060-6595-6554-0212) 110.00 (035-060-6595-6554-0551) 700.00 (035-060-6595-6554-0614) 1,400.00 (035-060-6595-6554-0821) 1,400.00 (035-060-6984-6311-0554) 6,000.00 (035-060-6984-6311-0614) 1,600.00 (035-060-6985-6307-0138) 20,000.00 (035-060-6985-6307-0151) 16,000.00 252 29) Social Security (035-060-6985-6307-0201) $ 2,754.00 30) State Retirement (035-060-6985-6307-0202) 6,034.00 31) Health Insur. (035-060-6985-6307-0204) 3,634.00 32) State Group Life Insur. (035-060-6985-6307-0205) 367.00 33) State Grant Receipts (035-060-6592-1100) (40,000.00) 34) Federal Grant Receipts (035-060-6592-1102) 104,048.00 35) State Grant Receipts (035-060-6593-1100) 3,050.00 36) State Grant Receipts (035-060-6594-1100) 3,250.00 37) State Grant Receipts (035-060-6595-1100) 5,996.00 38) Local Match (035-060-6984-1101) 1,600.00 39) Contributions (035-060-6984-1103) 6,000.00 40) Federal Grant Receipts (035-060-6985-1102) 48,789.00 41) Matching Funds (001-060-6001-6311-0588) ( 1,600.00) 42) Transfer to Grant Fund (001-060-6005-6999-0911) 1,600.00 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this-- APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of December, 1991. No. 30814-120991. A RESOLUTION expressing the City's intent to donate its real estate interest in current regional landfill property to the United States government for the proposed Roanoke River Parkway, upon certain terms and conditions. 253 WHEREAS, the City of Roanoke has been requested to donate its interest in current regional landfill property to the United States government for the Roanoke River Parkway right-of-way in connection with the proposed Explore Project; and WHEREAS, the City of Roanoke, together with the County of Roanoke and the Town of Vinton, have entered into an agreement for establishment of the Roanoke Valley Resource Authority for the construction and operation of the Smith Gap Landfill. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City hereby expresses its desire that the Roanoke Valley Regional Solid Waste Management Board explore alternatives to seek an alternative that is equally acceptable or preferred in- lieu-of utilization of "Area A" in the event the current landfill operational area is utilized to capacity prior to the new Smith Gap site becoming operational; and BE IT FURTHER RESOLVED that this Council hereby expresses its willingness and intent to donate its interest in such areas of the current regional landfill property as are needed for the right-of-way for the Roanoke River (Explore) Parkway, once the current landfill is no longer in active service and properly closed and the Smith Gap site is operational, providing the proposed right-of-way does not encroach upon any area previously used to dispose of solid waste or present unacceptable environmental liabilities; and BE IT FURTHER RESOLVED that any quitclaim deed of transfer of the City's property interest for such right-of-way contain such language as deemed appropriate by the City Attorney to indemnify the City from any claim resulting from the donation of such property interest; and BE IT FINALLY RESOLVED that the City Clerk is directed to forward a copy of this resolution to Congressman Jim Olin, the Roanoke County Board of Supervisors, the Town of Vinton Town Council, the Roanoke Valley Regional Solid Waste Management Board, and Mr. Robert Baker, Regional Director, United States Department of the Interior. ATTEST~_,~~ ~' City Clerk APPROVED Mayor 254 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of December, 1991. No. 30815-120991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $19,730,118.00 Building Maintenance (1) ........................... 3,077,237.00 Revenue Miscellaneous $ Miscellaneous - Damages to City Property (2) ...... 155,550.00 22,550.00 1) Maintenance 3rd Party Contract (001-052-4330-3056) 2) Damage to City Property (001-020-1234-0865) 17,550.00 17,550.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 255 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of December, 1991. No. 30816-120991. AN ORDINANCE accepting the bid of Western State Insulation Company, a division of National Service Industries, Inc., for removal and proper disposal of the floor tiles and mastic at the National Guard Armory, 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 Western State Insulation Company, a division of National Service Industries, Inc., in the total amount of $16,705.00, for the removal and proper disposal of the floor tiles and mastic at the National Guard Armory, as more particularly set forth in the December 9, 1991 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. 256 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: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of December, 1991. No. 30817-120991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund-~ Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDropriations Public Works Building Maintenance (1) ....................... $ 19,719,418.00 3,066,537.00 Revenue Miscellaneous Miscellaneous - Damages to City Property (2)... 1) Maintenance 3rd Party Contract (001-052-4330-3056) 2) Damage to City Property (001-020-1234-0865) $ 6,850.00 6,850.00 $ 144,850.00 11,850.00 257 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of December, 1991. No. 30818-120991. AN ORDINANCE accepting the bid of HF Interiors, Inc., of Roanoke, Virginia, for replacement of the tile floor in the assembly hall and kitchen of the National Guard Armory, 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. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. The bid of HF Interiors, Inc., in the total amount of $9,458.00, for the replacement of the tile floor in the assembly hall and kitchen of the National Guard Armory, as more particularly set forth in the December 9, 1991 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. 258 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each-- such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of December, 1991. No. 30819-120991. A RESOLUTION rejecting all bids for construction of the Luck Avenue By-Pass Storm Drain. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for construction of the Luck Avenue By-Pass Storm Drain 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. 259 3. The City Manager is authorized to make any and all changes in scope of the project deemed advisable and to cause the project to be readvertised for bids. ~'~ ~'ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of December, 1991. No. 30820-120991. A RESOLUTION fixing 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 the Council be held on the 10th day of December, 1991, at 11:30 a.m., for the purpose of receiving bids for the purchase of $68,720,000.00 aggregate principal amount of general obligation bonds of the City, consisting of $15,250,000.00 principal amount of General Obligation Public Improvement Bonds, Series 1992A, and $53,470,000.00 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 1992B, and considering a resolution accepting a bid for such bonds, fixing the rates of interest to be borne by such bonds, approving an Official Statement relating to such bonds, authorizing the execution of a certificate relating to such Official Statement and ratifying certain acts. ATTEST City Clerk APPROVED 260 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of December, 1991. No. 30821-121091. AN ORDINANCE authorizing the issuance of Seventeen Million, One Hundred Sixty-Five Thousand Dollars ($17,165,000) principal amount of General Obligation Public Improvement Refunding Bonds of the City of Roanoke, Virginia, and approving the sale of such bonds as part of a combined issue of Sixty-Eight Million Seven Hundred Twenty Thousand Dollars ($68,720,000) aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia; fixing the form, denomination and certain other details of such bonds; accepting a proposal for the purchase of such bonds; fixing the rates of interest to be borne by such bonds, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke, Virginia: SECTION 1. (a)(l) Pursuant to Section 47 of the Charter of the City of Roanoke, Virginia (the "City"), as then in effect, an election duly called and held in the City on November 6, 1984, Ordinance Nos. 27174 and 27175 adopted by this Council on August 27, 1984, and__ Resolution Nos. 27644 and 27704 adopted by this Council on June 24, 1985, and July 24, 1985, respectively, there were authorized to be issued, sold and delivered the City's $18,600,000 principal amount of General Obligation Public Improvement Bonds, Series 1985, dated August 1, 1985 (the "Series 1985 Bonds"). (ii) Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, being the Public Finance Act of 1991, including in particular Article 5 thereof (Sections 15.1-227.44 through 15.1-227.51, both inclusive, of the Code of Virginia 1950, the City is authorized to issue refunding bonds, subject to the approval of the State Council on Local Debt, to refund any or all of its bonds in advance of their stated maturities. (iii) On October 16, 1991, the State Council on Local Debt, in accordance with the provisions of Section 15.1-227.46 of the Code of Virginia, 1950, adopted a resolution approving the issuance by the City of an issue of refunding bonds in a principal amount not to exceed $20,000,000 to refund in advance of their stated maturities the Series 1985 Bonds maturing in the principal amount of $1,400,000 on August 1, 1992, in the principal amount of $1,600,000 on August 1 in each of the years 1993 to 1995, in the principal amount of $1,700,000 on August 1 in the year 1996, in the principal amount of $1,900,000 on August 1 in the year 1997, and in the principal amount of $2,000,000 on August 1 in each of the years 1998 to 2000, both inclusive. (iv) This Council deems it advisable and in the best interest of the City to authorize and provide for the issuance, sale and delivery 261 pursuant to such Article 5 of the Public Finance Act of 1991 of an issue of General Obligation Public Improvement Refunding Bonds, Series 1992B (hereinafter defined as the "1992B Refunding Bond"), for the purpose of refunding in advance of their stated maturities the City's Series 1985 Bonds maturing on August 1 in each of the years 1992 to 2000, both inclusive, which Series 1985 Bonds are outstanding on the date of adoption of this ordinance in the principal amount of $15,800,000 (hereinafter referred to as the "Refunded Bonds"). (b) Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, 1950, being the Public Finance Act as then in effect, and Ordinance No. 29878-121889 adopted by this Council on December 18, 1989, this Council has authorized the issuance of General Obligation Public Improvement Bonds in the principal amount of $6,800,000, for the purposes specified in Ordinance No. 29878-121889, and deemed its advisable and in the best interest of the City to provide at this time for the issuance, sale and delivery of the General Obligation Public Improvement Bonds so authorized. (c) Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, being the Public Finance Act of 1991, and Ordinance No. 30793-112591, adopted by this Council on November 25, 1991, this Council has authorized the issuance of General Obligation Public Improvement Bonds in the principal amount of $29,505,000, for the purposes specified in Ordinance No. 30793-112591, and deems it advisable and in the best interest of the City to provide at this time for the issuance, sale and delivery of the General Obligation Public Improvement Bonds so authorized. (d) This Council deems it advisable and in the best interest of the City to provide for the issuance, sale and delivery, pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, of the General Obligation Public Improvement Bonds referred to in subsections (a), (b) and (c) of this Section 1 as part of an issue of general obligation bonds of the City in an aggregate principal amount of $53,470,000 to be know and designated as "City of Roanoke, Virginia, General Obligation Public Improvement and Refunding Bonds, Series 1992B". (e) Pursuant to Section 47 of the Charter of the City, an election duly called and held in the City on May 1, 1990, and Ordinance Nos. 29918 and 29919 adopted by this Council on February 5, 1990, there were authorized to be issued, sold and delivered General Obligation Public Improvement Bonds in the principal amount of $15,250,000, for the purposes specified in Ordinance Nos. 29918 and 29919. This Council deems it advisable and in the best interest of the City to provide at this time for the issuance, sale and delivery, pursuant to Section 47 of the Charter of the City, of the General Obligation Public Improvement Bonds 262 referred to in this subsection (e), such bonds to be known and designated as "City of Roanoke, Virginia, General Obligation Public-- Improvement Bonds, Series 1992A". (g) On November 26, 1991, the Director of Finance caused a Summary Notice of Sale (the "Summary Notice of Sale") of $68,720,000 principal amount of General Obligation Bonds of the City, consisting of $15,250,000 principal amount of General Obligation Public Improvement Bonds, Series 1992A, and $53,470,000 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 1992B, to be published in The Bond Buyer, a financial Journal published in the City of New York, New York, and a Detailed Notice of Sale of the Bonds, dated November 27, 1991 (the "Detailed Notice of Sale"), to be prepared and distributed to prospective purchasers of the Bonds. (h) The Summary Notice of Sale and the Detailed Notice of Sale provided that sealed proposals for the purchase of the Bonds would be received by or on behalf of the City, at the Office of the City Clerk, Room 456, Municipal Building, Roanoke, Virginia, until 11:30 A.M., Virginia time, on Tuesday, December 10, 1991, at which time and place all proposals would be publicly opened. (i) Pursuant to the Detailed Notice of Sale, five (5) proposals for the purchase of the Bonds were received, each accompanied by a certified check or bank treasurer's or cashier's good faith check in the amount of $687,200 payable to the order of the City of Roanoke,-- Virginia. The names of the bidders submitting each such proposal, the ~ purchase price for the Bonds specified in each such proposal and the "True" or "Canadian" interest cost to the City computed in accordance .... with the Detailed Notice of Sale resulting from each such proposal are as follows: Name of Bidder Purchase Price Specified True Interest Cost Bear, Stearns & Co., Inc. $68,734,414.90 6.1741 Lehman Brothers $68,720,000.00 6.18245 Chemical Securities $68,720,070.90 6.1449 Prudential Securities, Inc. $68,736,309.60 6.1418125 Kidder, Peabody & Co., Inc. $68,720,485.70 6.107705 (j) After due consideration of all such proposals, this Council finds that (a) Kidder, Peabody & Co., Inc. (the "Purchaser") is a responsible bidder; (b) of the proposals received, the proposal of the Purchaser (the "Proposal") is the proposal to purchase the bonds at the lowest "True" or "Canadian" interest cost to the City, computed by-~ 263 doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments from their respective payment dates to the date of the Bonds and to the price bid, not including interest accrued to the date of delivery, and (c) the Proposal is the best proposal received, is in accordance with the provisions of the Detailed Notice of Sale, and should be accepted. SECTION 2. (a) For the purpose of refunding in advance of their stated maturities the Refunded Bonds, there are hereby authorized to be issued, sold and delivered pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, being the Public Finance Act of 1991, an issue of general obligation refunding bonds of the City in a principal amount of $17,165,000 to be designated and know as "General Obligation Public Improvement Refunding Bonds, Series 1992B" (hereinafter referred to as the "1992 Refunding Bonds"). The 1992 Refunding Bonds shall be issued, sold and delivered as provided in this Ordinance together with $6,800,000 principal amount of General Obligation Public Improvement Bonds of the City authorized for issuance pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, 1950, being the Public Finance Act as then in effect, and Ordinance No. 29878-121889 adopted by this Council on December 18, 1989, and $29,505,000 principal amount of General Obligation Public Improvement Bonds authorized for issuance pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, being the Public Finance Act of 1991, and Ordinance No. 30793-112591 adopted by this Council on November 25, 1991, as part of an issue of general obligation bonds of the City in an aggregate amount of $53,470,000 to be designated and know as "City of Roanoke, Virginia, General Obligation Public Improvement and Refunding Bonds, Series 1992B" (herein referred to as the "1992 Bonds"). (b) Contemporaneously with the issuance, sale and delivery of the 1992B Bonds, there are hereby authorized to be issued, sold and delivered an issue of $15,250,000 principal amount of General Obligation Public Improvement Bonds of theCity authorized for issuance pursuant to Section 47 of the Charter of the City, an election duly called and held in the City on May 1, 1990, and Ordinance Nos. 29918 and 29919 adopted by this Council on February 5, 1990, to be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1992A" (hereinafter referred to as the "1992A Bonds" and, collectively, with the 1992B Bonds, the "Bonds"). SECTION 3. The Proposal, being a proposal to purchase the Bonds at the price of Sixty-eight Million, Seven Hundred Twenty Thousand, Four Hundred Eighty Five Dollars and Seventy Cents ($68,720,485.70), plus accrued interest from the date of the Bonds to the date of delivery thereof by the City and payment therefor by the Purchaser, with the Bonds to bear interest at the rates per annum specified in Section 5 hereof, is hereby accepted and the Bonds are hereby awarded to the Purchaser. 264 SECTION 4. The good faith check accompanying the Proposal of the Purchaser shall be deposited by the City Treasurer and the proceeds--~ thereof applied in accordance with the terms of the Detailed Notice of Sale and the good faith checks accompany the other proposals received as-- aforesaid for the purchase of the Bonds shall be forthwith returned. SECTION 5. The details of the Bonds as set forth in the Detailed Notice of Sale are hereby ratified, approved and confirmed. The Bonds shall be dated January 1, 1992, shall be numbered from No. R-92A-1 upwards in order of issuance in the case of the 1992A Bonds and from R-92B-1 upwards in order of issuance in the case of the 1992B Bonds or as shall otherwise be provided by the Director of Finance, shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof,~ and shall mature on August 1 in each of the years and in the amounts set forth below, with the Bonds maturing in each of the years specified below to bear interest from their date payable on August 1, 1992, and semiannually on each February 1 and August I thereafter, at the rates set forth below: Year 1992A Bonds 1992B Bonds Interest Rate 1992 $ - 0 - $ 160,000 5.80 1993 765,000 175,000 5.80 1994 765,000 2,620,000 5.80 1995 765,000 2,785,000 5.80 1996 765,000 2,855,000 5.80 1997 765,000 2,930,000 5.80 1998 765,000 3,010,000 5.80 1999 765,000 3,105,000 5.80 2000 765,000 3,195,000 5.80 2001 765,000 3,300,000 5.80 2002 765,000 3,410,000 5.90 2003 760,000 3,535,000 6.00 2004 760,000 3,660,000 6.10 2005 760,000 3,795,000 6.20 2006 760,000 1,910,000 6.25 2007 760,000 1,940,000 6.30 265 2008 760,000 1,975,000 6.35 2009 760,000 2,010,000 6.375 2010 760,000 2,050,000 6.375 2011 760,000 2,090,000 6.40 2012 760,000 1,480,000 6.40 2013 - 0 - 1,480,000 6.40 The Bonds of each series maturing on and after August 1, 2002 (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities at any time on or after August 1, 2001, in whole or in part from time to time 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 of either series are called for redemption, the particular Bonds of such maturity of such series or portions thereof in installments of $5,000 to be redeemed shall be selected by lot) upon the payment of the principal amount of the Bonds (or portions thereof in installments of $5,000) to be redeemed, together with the interest accrued thereon to the date fixed for redemption, plus a premium of one-quarter (1/4) of one percent (1%) of the principal amount of each Bond (or portion thereof in installments of $5,000) to be redeemed for each twelve (12) months period or fraction thereof between the date fixed for redemption and the stated maturity date of such Bond. If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date f~xed 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. 266 SECTION 6. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of 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 assessed, levied and collected, at the same time and in the same manner as other taxes in the City are assessed, levied and collected upon all property in the City subject to taxation by the City a tax sufficient to provide for the payment of the principal of and interest on the Bonds as the same become due. SECTION 7. 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. Central Fidelity Bank in the City of Richmond, Virginia, is hereby appointed as Registrar 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. SECTION 8. (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 principal corporate trust office of the Registrar in the City of Rfchmond, Virginia. 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 8. 267 (b) At all times during which any Bond of any series remains outstanding and unpaid, the registrar for such series shall keep or cause to be kept at its 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. (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 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. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (d) Ail transfers or exchanges pursuant to this Section 8 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. Ail Bonds surrendered pursuant to this Section 8 shall be cancelled. SECTION 9. 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. 268 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 10. 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 11. The 1992A Bonds, the certificate of authentication of the registrar, and the assignment endorsed on the 1992A Bonds, shall be substantially the following forms, respectively, to-wit: (FORM OF 1992A BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES OF 1992A No. R- MATURITY DATE: INTEREST RATE: AUGUST 1, REGISTERED OWNER: DATE OF BOND: JANUARY 1, 1992 CUSIP NO.: 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 the first day of February and on the first day of August of each year, commencing on the first day of August, 1992 (each such date is hereinafter referred to as an "interest payment date"), from the date-- 269 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 Central Fidelity Bank, the Registrar and Paying Agent, in the City of Richmond, Virginia. 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 rate and maturity, and is issued for the purpose of providing funds to defray the cost to the City of needed permanent public improvements, including acquisitions, construction, additions, betterments, extensions and improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and the acquisition of real property for the foregoing, pursuant to an ordinance of the Council of the City, adopted on the 5th day of February, 1990, and ratified by a majority of the qualified voters of the City voting at an election legally called, held and conducted on the 1st day of May, 1990, and under and pursuant to the Constitution and statutes 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 of the principal amount thereof in installments of $5,000) maturing on and after August 1, 2002, are subject to redemption at the option of the City prior to their stated maturities on or after August 1, 2001, in whole or in part from time to time, 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 principal amount of the Bonds (or portions thereof in installments of $5,000) to be redeemed, together with the interest accrued thereon to the date fixed for redemption, plus a premium of one quarter (1/4) of one percent (1%) of the principal 27O amount of each Bond (or portion thereof in installments of $5,000) to be redeemed for each twelve (12) month period or fraction thereof between-- the date fixed for redemption and the stated maturity date of such Bond. 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 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 trus~ 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 an authorized officer of the Registrar. 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, 271 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. 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 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, 1992. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Treasurer City Clerk This within-mentioned proceedings. (FORM OF CERTIFICATE OF AUTHENTICATION) CERTIFICATE OF AUTHENTICATION Bond is one of the Bonds delivered pursuant to the CENTRAL FIDELITY BANK, Registrar By: Authorized Officer Date of Authentication: 272 a n d (FORM OF ASSIGNMENT) __ AS S I GNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) t r a n s f e r ( s ) u n t o (Please print or type name and address, including postal zip code of Transferee) the within Bond and all rights appointing PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE thereunder, hereby irrevocably constituting and · 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 The New York Stock Exchange, Inc. or a commercial bank 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. 273 The 1992B Bonds, the certificate of authentication of the registrar, and the assignment endorsed on the 1992B Bonds, shall be in substantially the following forms, respectively, to-wit: (FORM OF 1992B BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BOND SERIES OF 1992B NO. R- MATURITY DATE: INTEREST RATE: AUGUST 1, REGISTERED OWNER: DATE OF BOND: JANUARY 1, 1992 CUSIP NO.: 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 the first day of February and on the first day of August of each year, commencing on the first day of August, 1992 (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 274 presentation and surrender hereof, at the principal corporate trust office of Central Fidelity Bank, the Registrar and Paying Agent, in the-- City of Richmond, Virginia. 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 capital 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 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 August 1, 2002, are subject to redemption at the option of the City prior to their stated maturities on or after August 1, 2001, in whole or in part from time to.time, 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 principal amount of the Bonds (or portions thereof in installments of $5,000) to be redeemed, together with the interest accrued thereon to the date fixed for redemption, plus a premium of one quarter (1/4) of one percent (1%) of the principal amount of each Bond (or portion thereof in installments of $5,000) to be redeemed for each twelve (12) month period or fraction thereof between the date fixed for redemption and the stated maturity date of such Bond. 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- 275 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 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. 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 Rggistrar. 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. 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. 276 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, 1992. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Treasurer City Clerk (FORM OF CERTIFICATE OF AUTHENTICATION) CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the__ within-mentioned proceedings. CENTRAL FIDELITY BANK, Registrar Authorized Officer Date of Authentication: a n d (FORM OF ASSIGNMENT) ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) t r a n s f e r ( s ) u n t o (Please print or type name and address, including postal zip code of Transferee) 277 the within Bond and all rights appointing PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE thereunder, hereby irrevocably constituting and · 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 The New York Stock Exchange· Inc. or a commercial bank 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 12. (a) The net proceeds from the sale of the 1992A Bonds shall be used to defray the cost of the City of Roanoke of needed permanent public improvements, including acquisitions· construction of and to public buildings· school buildings· the system of storm drains· public sidewalks· curbing· streets, highways and bridges, and the acquisition of real property for the foregoing; and for no other purpose. (b) A portion of the net proceeds from the sale of the 1992B Bonds shall be deposited with the Escrow Agent appointed in Section 13 hereof under the Refunding Trust Agreement to provide for the refunding in advance of their maturities of the Refunded Bonds· and the balance of 278 such net proceeds shall be applied to the purposes specified in Ordinances Nos. 29878-121889 and 30793-112591. SECTION 13. (a) The form of the Refunding Trust Agreement, dated as of January 1, 1992 (the "Refunding Trust Agreement"), by and between the City and Dominion Trust Company, as Escrow Agent (the "Escrow Agent"), presented to and filed with the minutes of the meeting of this Council at which this Ordinance is being adopted, and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed by this Council, and the City Manager and the Director of Finance, or either of them, are hereby authorized and directed to execute and deliver to the Escrow Agent the Refunding Trust Agreement in substantially such form, together with such changes as shall be approved by the City Manager and the Director of Finance, or either of them, upon the advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (b) The appointment of Dominion Trust Company as Escrow Agent under the Refunding Trust Agreement is hereby approved, ratified and confirmed by this Council. (c) The City Manager and the Director of Finance of the City, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions for United States Treasury Obligations - State and Local Government Series, to be purchased by the Escrow Agent from moneys deposited in the 1992 Refunding Trust Fund created and established under the Refunding Trust Agreement. Such United States Treasury Obligations - State and Local Government Series so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Refunding Trust Agreement. SECTION 14. This Council hereby designates the Refunded Bonds maturing on August i in each of the years 1995 to 2000, both inclusive, for redemption on August 1, 1994 at redemption prices equal to the respective principal amounts of the Refunded Bonds to be redeemed, together with the interest accrued thereon to such redemption date, plus a premium of one-quarter of one percent (1/4 of 1%) of such respective principal amounts for each twelve (12) month period or fraction thereof between such redemption date and the respective stated maturity dates of such Refunded Bonds. The City Manager is hereby authorized and directed to deliver to Dominion Trust Company, as Escrow Agent under the Refunding Trust Agreement, irrevocable written instructions to give, or to cause Crestar Bank, as Paying Agent for the Refunded Bonds to give, notice, in the name and on behalf of the City, to the registered owners of the Refunded Bonds maturing on August I in each of the years 1995 to 2000, both inclusive, of the redemption of such Refunded Bonds, such notice to be given at the times and in the manner and at the time or 279 times provided in Paragraph l(J) of the resolution adopted by this Council on June 24, 1985 authorizing the issuance of the Refunded Bonds and to be in substantially the form set forth as Exhibit III to the Refunding Trust Agreement. SECTION 15. (a) The Mayor is hereby authorized and directed to execute and deliver to the purchasers an Official Statement of the City, dated December 10, 1991, relating to the Bonds (the "Official Statement"), in substantially the form of the Preliminary Official Statement, dated November 27, 1991, relating to the Bonds (the "Preliminary Official Statement"), presented to the meeting of this Council at which this Ordinance is being adopted, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. 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 referred to in the Official Statement under the caption "Certificate Concerning Official Statement". (b) The action of the City Manager, the Director of Finance and other officers and employees of the City in causing to be published the Summary Notice of Sale of the Bonds in The Bond Buyer on November 26, 1991, and in causing to be prepared and distributed the Preliminary Official Statement, the Detailed Notice of Sale and the Official Proposal Form relating to the Bonds, and the terms, conditions and provisions thereof are hereby approved, ratified and confirmed by this Council. 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 16. The City Clerk is hereby directed to file a co~y 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 17. Ail 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. 280 SECTION 18. In order to provide for the public health and safety and for the usual daily operation of the municipal government, emergency is deemed to exist, and this Ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30810-121691. AN ORDINANCE to amend SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally rezoned from RD, Duplex~ Residential District, to RG-1, General Residential District. WHEREAS, application has been made to the Council of the City-- of Roanoke to amend certain conditions presently binding upon a tract of land located on Belle Avenue, N. E., Lots 6 through 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated as Official Tax No. 3320105 and currently designated as Official Tax Nos. 3320116 through 3320127, which property was previously conditionally rezoned by the adoption of Ordinance No. 26486, on May 23, 1983; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, 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 9, 1991, 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 281 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 undeveloped portion of the above-described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 332 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition filed in the City Clerk's Office on October 16, 1991, and as set forth in the report of the Planning Commission dated December 9, 1991. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30811-121691. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM- 1, Residential Multifamily, Low Density District, to RS-3, 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 9, 1991, 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 282 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 332 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located on Belle Avenue, N. E., Lots 6 through 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated on Sheet No. 332 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3320105 and currently designated on the aforesaid Sheet No. 332 as Official Tax Nos. 3320116 through 3320127, be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, subject to those conditions proffered by and set forth in the Petition, filed in the Office of the City Clerk on October 16, 1991, and that Sheet No. 332 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30812-121691. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and 283 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on December 9, 199~, after due and timely notice thereof as required by S30-14, 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: Area No. 1 Beginning at a point being a common corner between Roanoke Regional Airport and COVA Corporation and being shown as point (27 E) on the plat recorded in Map Book 1, Page 950; thence, leaving point (27 E), S 84° 15' 56" W 1.03 feet to a point at (27 F); thence, a curve line to the left having a chord bearing and distance of N 48° 02' 15" W 40.00 feet, an arc distance of 40.01 feet, to a point at (27 G); thence, a curve line to the left having a chord bearing and distance.of N 51~ 40' 39" W 36.60 feet, an arc distance of 36.61 feet, to a point at (27 H); thence, N 27" 29' 00" W 256.80 feet, to a point at (27 I); thence, N 28~ 04' 04" W 112.13 feet, to a point at (27 J); thence; S 50~ 38' 02" W 9.78 feet, to a point at (27 K); thence N 28° 03' 07" W 3.81 feet, to a point at (27 L); thence, a curve line to the left having a chord bearing and distance of N 73~ 04' 51" W 91.92 feet, an arc distance of 102.10 feet, to a point at (27 M); thence, S 61~ 55' 14" W 159.95 feet, to a point at (27 N); thence, a curve line to the right having a chord bearing and distance of S 82~ 19' 27" W 217.16 feet, an arc distance of 221.82 feet, to a point at (30) being point of intersection with the new right-of-way line of Thirlane Road, N. W.; thence, along the new right-of-way line of Thirlane 254 Road, N. W., a curve line to the right having a chord bearing and distance of N. 44° 12' 08" W 154.59 feet, an arc distance of 155.11 feet to a point at (27); thence, leaving the new right-of-way line, a curve line to the left having a chord bearing and distance of S 82° 49' 27" E 301.82 feet, an arc distance of 321.74 feet to a point at (27 A); thence, N 61~ 55' 14" E 159.95 feet to a point at (27 B); thence, a curve line to the right having a chord bearing and distance of S 85~ 07' 02" E 125.14 feet, an arc distance of 132.32 feet, to a point at (27 C); thence, S 27~ 55' 35" E 161.10 feet to a point at (27 D); thence, S 27~ 29' 00" E 328.17 feet to the place of beginning, at (27 E); and containing 40,176 square feet, more or less, and being shown in detail on Map Book 1, Page 950. Area 2 Beginning at a point bearing shown as point (11) on the plat recorded in Map Book 1, Page 950; thence S 28° 04' 03" E 342.95 feet, to a point at (11A); thence, a curve line to the right having a chord bearing and distance of S 27~ 27' 05" W 169.84 feet, an arc distance of 180.54 feet, to a point at (11 B); thence S 61" 55' 56" W 167.04 feet, to a point at (11C); thence, a curve line to the left having a chord bearing and distance of S 45" 01' 13" W 113.45 feet; an arc distance of 115.12 feet, to a point at (24) being a point of intersection with the new right-of-way line of Thirlane Road, N. W.; thence, along the new right-of-way line of Thirlane Road, N. W. a curve line to the right having a chord bearing and distance of N 10" 26' 04" E 100.50 feet, an arc distance of 100.64 feet, to a point at (18); thence leaving the new right- of-way line a curve line to the right having a chord bearing and distance of N 56° 31' 26" E 46.18 feet an arc distance of 46.25 feet, to a point at (11 D); thence N 61" 55' 56" E 167.04 feet, to a point at (11E); thence, a curve line to the left having a chord bearing and distance of N 16" 55' 56" E 141.42 feet, an arc distance of 157.08 feet, to a point at (11 F); thence N 28~ 04' 04" W 209.01 feet, to a point at (15); thence a curve line to the left having a chord bearing and distance of N 01° 31' 33" W 89.52 feet, an arc distance of 89.60 feet to the place of beginning, at (11) and containing 31,603 square feet more or less and being shown in detail on Map Book 1, Page 950. 285 be, and hereby is, 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 providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described portions of Thirlane Road, N. W., providing for all necessary easements for utilities, both public and private, and properly dividing the vacated 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 one (1) year 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 or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER 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 286 said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor and Grantee, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th Day of De~ember, 1991. No. 30822-121691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApDroDriations Health and Welfare $14,579,834.00 Social Services - Services (1) .................. 6,409,122.00 Revenue Grants-in-Aid Commonwealth Welfare (2) ..................................... 1) Day Care Services 2) Day Care (001-054-5314-3159) $ 101,317.00 (001-020-1234-0686) 101,317.00 $52,832,496.00 8,932,904.00 287 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30823-121691. 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 hereby authorized on behalf of the City to execute, seal 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 report of the City Manager dated December 16, 1991, and the attachments thereto. 2. The maximum compensation to the Salvation Army under the contracts authorized by this resolution shall be $22,600.00 divided as follows: (a) $12,600.00 for the Abused Women's Program, and (b) $10,000.00 for the Homeless Program. APPROVED ATTEST: City Clerk 288 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30824-121691. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with H. & S. Construction Company, for street improvements to Airport Road at Towne Square Shopping Center; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with H. & S. Construction Company for street improvements to Airport Road at Towne Square Shopping Center project, as more fully set forthin report to this Council dated December 16, 1991. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 95~468.91 CHANGE ORDER NO. 1: Addition of sidewalk, concrete entrance, drop inlet to correct drainage problem, related work involving additional excavation, stone, and pavement ~ 12t607.03 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 108t075.94 Additional time required for Change Order No. i None. 289 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th Day of December, 1991. No. 30825-121691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADproDriations Other Infrastructures $ 19,819,536.00 RCIT Addition (1) ................................ 200,000.00 Capital Improvement Reserve (11,471,907.00) Capital Improvement Reserve (2-3) ................ 719,138.00 Revenue Accounts Receivable - Shell Building (4) ......... $ 80,000.00 Miscellaneous - Shell Building (5) ............... 111,800.00 Miscellaneous - Orris (6) ........................ 80,000.00 1) Appropriations from Third Party (008-052-9680-9004) $200,000.00 2) Economic Development (008-052-9575-9178) 45,980.00 3) Streets and Bridges (008-052-9575-9181) 25,820.00 29O 4) Accounts Receivable Shell Building 5) Shell Building 6) Orvis (008-1262) (008-008-1234-1099) (008-008-1234-1039) $ 80,000.00 111,800.00 80,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AP. PROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30826-121691. A RESOLUTION authorizing the execution of a contract with__ Mattern & Craig, Inc. to provide certain engineering services,.! specifically the plans and specifications for utility and roadway design. ~ and site grading for the Roanoke Centre for Industry and Technology-' Addition. 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. for the provision by such firm of engineering services for utility and roadway design and site grading for the Roanoke Centre for Industry and Technology Addition, as more particularly set forth in the December 16, 1991 report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall be in an amount of $200,000.00. 291 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30827-121691 A RESOLUTION accepting the bid of Southern Salt Co., Inc. made to the City for furnishing and delivering deicing salt; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Southern Salt Co., Inc., made to the City, offering to supply deicing salt meeting all of the City's specifications and requirements therefor, for $41.80 9er ton delivered, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED ATTEST: City Clerk 292 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th Day of January, 1992. No. 30828-010692. AN ORDINANCE amending Ordinance No. 30821-121091, adopted on December 10, 1991, entitled "AN ORDINANCE authorizing the issuance of Seventeen Million, One Hundred Sixty-Five Thousand Dollars ($17,165,000) principal amount of General Obligation Public Improvement Refunding Bonds of the City of Roanoke, Virginia, and approving the sale of such bonds as part of a combined issue of Sixty-Eight Million Seven Hundred Twenty Thousand Dollars ($68,720,000) aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia~ fixing the form, denomination and certain other details of such bonds~ accepting a proposal for the purchase of such bonds; fixing the rates of interest to be borne by such bonds, and providing for an emergency", such amendment relating to the designation of a Registrar for such bonds, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke, Virginia as follows: SECTION 1. (a) The second paragraph of Section 7 of Ordinance No. 30821-121091 adopted by this Council on December 10, 1991,~ is hereby amended in its entirety so that, as amended, such paragraph~i} shall read as follows.' "Crestar Bank in the City of Richmond, Virginia, is hereby appointed as Registrar for the Bonds." (b) Ail references to the Registrar for the 1992A Bonds and the 1992B Bonds in the forms of the 1992A Bonds and the 1992B Bonds set forth in Section 11 of Ordinance No. 30821-121091 shall be to Crestar Bank, Richmond, Virginia, as Registrar. SECTION 2. 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 S15.1-227.9 of the Code of Virginia, 1950, as amended. 293 SECTION 3. In order to provide for public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect upon its passage. APPROVED ATTEST City Clerk IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th Day of January, 1992. No. 30829-010692. A RESOLUTION memorializing the late Fred W. Robinson, Roanoke City Police Officer. WHEREAS, on January 5, 1992, Officer Fred W. Robinson of the Roanoke City Police Department was killed in a tragic accident while performing his duties as a patrolman; and WHEREAS, Officer Robinson joined the Roanoke City Police Department on April 5, 1971, after receiving an honorable discharge from the United States Army; and WHEREAS, Officer Robinson was a recognized expert in firearms and served as a firearms instructor and patrol officer for many years; and WHEREAS, Officer Robinson who had been promoted to Senior Police Officer performed his duties in a quiet, professional manner; and WHEREAS, Officer Robinson left many friends and admirers in the Police Department and in the community which he served; and WHEREAS, Officer Robinson's service was in the highest tradition of law enforcement, and the people of the City of Roanoke are indebted to him for his sacrifice. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 294 Council adopts this means of recognizing the contribution-- of Officer Fred W. Robinson to his community and fellow man and records its deepest regrets at the death of~ Officer Robinson and extends the sympathy of this Council and that of the citizens of this City to Mary Katherleen Robinson, mother of the deceased, David Aaron Robinson, son of the deceased, and other members of his family. The City Clerk is directed to forward an attested copy of this resolution to Mary Katherleen Robinson and David Aaron Robinson· ATTEST: City Clerk APPROVED IN THE COUNCIL OF ~HE CITY OF ROANOKE, VIRGINIA The 6th Day of January, 1992. No. 30830-010692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Capital and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Fund ApDropriations Education Asbestos Abatement, Boiler System and Middle School Renovation (1) .................... Capital Improvement Reserve Public Improvement Bonds - Series 1992A (2) ....... $10,665,833.00 2,136,323.00 (13,888,015·00) ( 4,628,975.00) 295 Grant Fund Appropriations Education SAT Preparation 1991-92 (3-4) ..................... $18,841,059.00 2,475.00 Revenue Education $18,841,059.00 SAT Preparation 1991-92 (5) ....................... 2,475.00 1) 2) 3) 4) 5) Approp. from Bonds (008-060-6076-6896-9001) $ 2,136,323.00 School Instruc- tional Services Social Security Fees (008-052-9700-9182) (2,136,323.00) (035-060-6986-6447-0313) (035-060-6986-6447-0201) (035-060-6986-1103) 2,300.00 175.00 2,475.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th Day of January, 1992. No. 30831-010692. A RESOLUTION supporting tax exemption of property owned by The Roanoke Valley Council of Community Services, Inc., in the City of Roanoke used by it exclusively for charitable and educational purposes on a non-profit basis, and memorializing a certain agreement between The Roanoke Valley Council of Community Services, Inc., and this City. 296 WHEREAS, The Roanoke Valley Council of Community Services, Inc., (hereinafter "the Applicant") has petitioned this Council for-- support for a bill to be introduced at the 1992 Session of the General ~ Assembly to exempt certain property of the Applicant from taxation--- pursuant to Article X, S6(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 16, 1991; WHEREAS, the provisions of subsection B of S30-19.04, 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 its buildings and as much land as is reasonably necessary to the use of its buildings, provided such personal and real property shall be used by the Applicant exclusively for charitable and educational purposes on a non- profit basis; 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 1992 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to five percent (5%)_~ 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 RESOLVED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 1992 Session of the General Assembly whereby The Roanoke Valley Council of Community Services, Inc., (hereinafter "the Applicant"), a non-profit organization, seeks to be classified and designated a charitable and educational 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 and educational 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 1992 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 five percent (5%) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant, in the City of Roanoke,-- 297 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 S30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recommends to the General Assembly that the specific classification shall be charitable and educational. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Resolution, and to Briggs Andrews, 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. ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of January, 1992. No. 30832-010692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $14,490,017.00 Social Services - Services (1) ................. 6,319,305.00 298 Revenue Grants-in-Aid Commonwealth Welfare (2) ..................................... $52,742,679.00 8,843,087.00 1) Purchased Services 2) Other Purchased Services (001-054-5314-3160) (001-020-1234-0683) $ 11,500.00 11,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of January, 1992. No. 30833-010692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApDroDriations Traffic Engineering $ 1,284,850.00 Peters Creek Road/Northside High School Road (1-2).. 55,274.00 Traffic Signals (3) ................................. 656,864.00 299 Revenue Accounts Receivable - Kroger (4) .................... $ Accounts Receivable - Roanoke County (5) ............ Accounts Receivable - Roanoke County School Board (6) ......................................... 18,424.00 9,213.00 9,213.00 1) Appropriations from Third Party 2) Appropriations from General Revenue 3) Appropriations from General Revenue 4) Accounts Receivable- Kroger 5) Accounts Receivable- Roanoke County 6) Accounts Receivable- Roanoke County School Board (008-052-9563-9004) (008-052-9563-9003) (008-052-9560-9003) (008-1284) (008-1285) (008-1286) $ 36,850.00 18,425.00 (18,425.00) 18,424.00 9,213.00 9,213.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th Day of January, 1992. No. 30834-010692. AN ORDINANCE authorizing the execution of an appropriate agreement with the Virginia Department of Transportation for the installation of traffic signal equipment at the intersection of Peters Creek Road, Northside High School Road (State Route 1402) and Kroger Office Building Driveway; authorizing the execution of agreements with the County of Roanoke, the School Board of the County of Roanoke and the Kroger Company allocating the cost of such project; and providing for an emergency. 300 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, execute and attest, respectively, an agreement with the Virginia Department of Transportation (VDOT) authorizing VDOT to install the necessary traffic signal equipment at the intersection of Peters Creek Road, Northside High School Road (State Route 1402) and Kroger Office Building Driveway and to commit the City to pay seventy-five percent (75%) of the actual cost of such project, such agreement to be substantially in the form attached to the City Manager's report to Council dated January 6, 1992, and in such form as is approved by the City Attorney. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, appropriate agreements with the County of Roanoke (the "County") and the School Board of the County of Roanoke (the "School Board") agreements obligating the County and the School Board each, to reimburse the City twelve and a half percent (12.5%) of the actual cost of such project and an agreement with the Kroger Company ("Kroger") obligating Kroger to reimburse the City twenty-five percent (25%) of the actual cost of such project, all agreements to be upon such terms and conditions deemed appropriate by the City Manager and in accordance with the recommendations contained in the City'Manager's report to Council dated January 6, 1992, each agreement to be in such_~ form as is 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: City Clerk Mayoz% V IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th Day of January, 1992. No. 30835-010692. A RESOLUTION authorizing an agreement with the United States Marshals Service to provide reimbursement to the City for certain costs associated with completing a pod in the City Jail upon certain terms and conditions. 301 BE IT RESOLVED by the Council of the City of Roanoke that= The City accepts the offer made to the City by the United States Marshals Service for reimbursement of up to $250,000.00 of the cost of completing a pod in the City jail as more particularly set forth in the City Manager's Report of January 6, 1992 to Council. W. Robert Herbert, City Manager, or Earl B. Reynolds, Assistant City Manager, is hereby authorized to execute, for and on behalf of the City, any documentation required to obtain such reimbursement, including Intergovernmental Cooperative Agreement No. 04-84-92, thereby agreeing on behalf of the City of Roanoke, upon request of the United States Marshal, to accept and provide detention space and services for up to twenty (20) federal prisoners per day for a period of fifteen (15) years. Such agreement shall be approved as to form by the City Attorney. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of January, 1992. No. 30836-010692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Police Patrol (1) .............................. $29,239,109.00 6,163,303.00 3O2 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) .............. $ 514,172.00 Revenue Miscellaneous Miscellaneous (3) .............................. $ 182,400.00 145,000.00 1) Expendable Equipment 2) CMERP - City 3) Miscellaneous (001-050-3113-2035) $ 141,181.00 (001-3323) (121,181.00) (001-020-1234-0859) 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th Day of January, 1992. No. 30837-010692. A RESOLUTION accepting bids for pistols, magazines, holsters, ammunition pouches, ammunition and related equipment; rejecting other bids; and providing for an emergency. 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 prices set out with each item: 303 Item Quantity and Successful Purchase Number Description Bidder Price 1 3 4 210 Olock Model 22 Pistols 60 Glock Model 23 Pistols 220 Magazines for Glock ' Model 22 Pistols 20 Magazines for Glock Model 23 Pistols 5 215 Holsters, uniform type Tactical and Survival Specialties, Inc. Tactical and Survival Specialties, Inc. Tactical and Survival Specialties, Inc. Tactical and Survival Specialties, Inc. National Police Supply $79,170.00 $22,620.00 $ 4,620.00 $ 420.00 $ 8,842.95 6 65 Holsters, non-uniform National Police Supply $ 1,070.55 type 213 Double Magazine Pouches for Glock Model 22 15 Double Magazine Pouches for Glock Model 23 National Police Supply National Police Supply National Police Supply 65 Single Magazine Pouches for Model 23 7 8 9 $ 2,417.55 $ 170.25 $ 519.35 10 11 12,000 rounds, service ammunition 120,000 rounds, training ammunition The Gun Shop Town Police Supply $ 3,779.52 $17,517.60 12 Training in use of new weapons Tactical and Survival Specialties, Inc. $ 13 I Gallon Break free, gun cleaning solvent Creasy's Outdoor Sports$ 32.65 * No charge except travel, lodging a~d meals for Police Department designees. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this ordinance. 3. The bid of Creasy's Outdoor Sports to purchase handguns currently used by the Police Department for $80.00 each is hereby ACCEPTED; provided, however, officers of the Police Department shall be accorded the first option to purchase their existing handguns at the 3O4 price of $80.00 each, such amount having been established as the fair market value of such weapons through competitive bidding. 4. Any and all other bids made to the City for the aforesaid--- items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th Day of January, 1992. No. 30838-010692. A RESOLUTION expressing City Council's intent to dedicate a. portion of the franchise fee collected from Cox Cable Roanoke, Inc. to the costs of developing, operating and administering the institutional network and educational and governmental cable access. WHEREAS, the City of Roanoke along with Roanoke County and the Town of Vinton pursuant to ordinance have established the Roanoke Valley Regional Cable Television Committee in part to assist with the full development of educational channels and access cable programming and other access uses of the cable system; and WHEREAS, this Council desires to establish its intent to dedicate one percent (1%) of the gross revenues collected as franchise fees from Cox Cable Roanoke, Inc. to be used for institutional and cable access purposes. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby expresses its intent that one percent (1%) of gross revenues collected from Cox Cable Roanoke, Inc. as franchise fee payments be dedicated to development, operation, and administration of the institutional network and educational and governmental cable access. 305 BE IT FURTHER RESOLVED that the City Clerk is directed to forward an attested copy of this resolution to the Roanoke County Board of Supervisors and the Vinton Town Council. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of January, 1992. No. 30841-011392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant - FY90 Housing FY90 (1-2) ................................ Community Development Block Grant - FY91 Housing FYgl (3) .................................. Unprogrammed CDBG FYgl (4-6) ...................... $2,652,499.00 766,501.00 2,204,031.00 548,972.00 2,022.00 Revenue Community Development Block Grant - FYgl (7) ........ $2,204,031.00 1) Vacant Lot Homesteading 2) Home Purchase Loan Program (035-089-8920-5104) (035-089-8920-5115) $ 20,000.00 (20,000.00) 306 3) Private Rehabilitation Loan Program 4) Unprogrammed CDBG-Parking Lot Income 5) Unprogrammed CDBG-Float Loan Interest 6) Unprogrammed CDBG-Home Purchase Program 7) CDBG Entitlement (035-090-9020-5105) $ (035-090-9040-5183) (035-090-9040-5188) (035-090-9040-5192) (035-035-1234-9101) 40,000.00 ( 6,038.00) (17,469.00) ( 493.00) 16,000.00 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th Day of January, 1992. No. 30842-011392. A RESOLUTION authorizing execution of Amendment No. i to the contract with the Roanoke Redevelopment & Housing Authority to administer the Private Rehabilitation Loan Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, Amendment No. 1 to the contract with the Roanoke Redevelopment 307 & Housing Authority to administer the Private Rehabilitation Loan Program, and any other necessary documentation as more particularly set forth in the report to this Council dated January 13, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th Day of January, 1992. No. 30843-011392. AN ORDINANCE authorizing a certain real estate option to be entered into in connection with the Home Purchase Assistance Program; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager be, and he is hereby authorized, for and on behalf of the City to execute a Real Estate Option on real estate located at 915 Eighth Street, N. W., currently owned by Marlean Kasey, as more particularly set out in and attached to the City Manager's report to Council dated January 13, 1992, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Option by the City Attorney, and upon such other terms and conditions as are provided therein. 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 308 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of January, 1992. No. 30844-011392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $19,631,876.00 Building Maintenance (1) ........................ 3,098,980.00 Revenue Miscellaneous Revenue Insurance Recoveries (2) ........................ $ 68,085.00 15,625.00 1) Maintenance 3rd Party Contract 2) Insurance Recoveries (001-052-4330-3056) (001-020-1234-0862) $ 15,525.00 15,525.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE S T: ~~ City Clerk 309 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th Day of January, 1992. No. 30845-011392. AN ORDINANCE accepting the bid of Gardner-Smith, Inc., of Salem, Virginia, for repair of the pedestrian bridge from the Courts Facility to the Police Building at 315 Church Avenue, S. W., 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. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. The bid of Gardner-Smith, Inc., in the total amount of $13,500.00, for repair of the pedestrian bridge from the Courts Facility to the Police Building at 315 Church Avenue, S. W., as more particularly set forth in the January 13, 1992 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. 310 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: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th Day of January, 1992. No. 30846-011392. A RESOLUTION endorsing a volume monthly parking discount rate in City or City of Roanoke Redevelopment and Housing Authority owned or operated parking garages or lots. BE IT RESOLVED by the Council of the City of Roanoke that this__ Council endorses the policy as set forth in the January 13, 1992 report of the City Manager to this Council to provide a monthly parking discount rate not to exceed ten percent (10%) for parking customers who~ rent at least 600 parking spaces per month in City or City of Roanoke Redevelopment and Housing Authority owned or operated parking garages or lots and who pay for these spaces in full with one monthly remittance. APPROVED ATTEST: City Clerk 311 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of January, 1992. No. 30839-012192. AN ORDINANCE repealing S36.1-361, Floodplain districts; definitions; S36.1-362, Application; ~36.1-363, Floodway district regulations; ~36.1-364, Floodway fringe district and approximated floodplain district regulations; ~36.1-365, Shallow flooding district regulations; ~36.1-366, Zoning permit, limitation on uset activity and development; S36.1-367, Existing structures in floodplain districts; and ~36.1-368, Variances; and enacting new ~36.1-361, Floodplain management regulations~ definitions; ~36.1-362, Establishment of floodplain areas; ~36.1-363, Application; S36.1-364, Floodplain development regulations; ~36.1-365, Permitted uses; ~36.1-366, Special exception uses; ~36.1-367, Design criteria for public utilities and facilities; ~36.1-368, Existing structures in the floodplain; S36.1-369, Variances; ~36.1-370, Procedure for variances and special exception uses in floodways, and ~36.1-371, Abrogation and greater restrictions, of the Code of the City of Roanoke (1979), as amended, such additions relating to definitions of Base flood/one-hundred year flood, Channel, Development, Flood, Floodplain, Floodway, Historic structures, Lowest floor, Substantial improvement, and Watercourse; the establishment of Floodplain Areas; the application of Floodplain Areas and Flood-fringe Areas; the establishment of Floodplain development regulations; permitted uses; special exception uses; design criteria for public utilities and facilities; existing structures in the Floodplain; variances; the procedure for variances and special exception uses in Floodways; and abrogation and greater restrictions. BE IT ORDAINED by the Council of the City of Roanoke that ~36.1-361, Floodplain districts; definitions; §36.1-362, Application; S36.1-363, Floodway district regulations; ~36.1-364, Floodway fringe district and approximated floodplain district regulations; §36.1-365, Shallow flooding district regulations; ~36.1-366, Zoning permit, limitation on user activity-and development; ~36.1-367, Existing structures in floodplain districts; and S36.1-368, Variances, of the Code of the City of Roanoke (1979), as amended, are hereby REPEALED. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the enactment of ~36.1-361, Floodplain management regulations~ definitions; ~36.1-362, Establishment of floodplain areas; ~36.1-363, Application; ~36.1-364, Floodplain development regulations; S36.1-365, Permitted uses; ~36.1-366, Special exception uses; ~36.1-367, Design criteria for public utilities and 312 facilities; §36.1-368, Existing structures in the floodplain; S36.1-369, Variances; S36.1-370, Procedure for variances and special exception uses in floodways, and ~36.1-371, Abrogation and greater restrictions, said new sections to read and provide as follows: ~36.1-361. Floodplain definitions. manaqement requlations; For the purpose of the regulations prescribed in this division, certain terms a~dwords used herein shall be defined as follows: Base flood/one-hundred year flood - A flood that, on the average is likely to occur once every 100 years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year). Channel - A perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks. Development - Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations, or storage of equipment and/or materials. Flood - A general and temporary inundation of normally dry land areas. Floodplain - (a) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; or (b) an area subject to the unusual and rapid accumulation of run-off of surface water from any source. Floodway - The designated area of the floodplain required to carry and discharge flood waters from the one hundred (100) year magnitude flood. Historic structures - those buildings that have a special public value because of notable architecture, historic events or other worthy features related to the social, cultural, or artistic heritage of the community which are worthy of conservation and preservation; furthermore, those buildings are listed or are eligible to be listed on the National Register of Historic Places or the Virginia Landmark Register. 313 Lowest floor - The lowest floor includes the lowest enclosed area (including basement) of any structure. An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that Such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Substantial improvement - Any repair, reconstruction, or improvement of a structure which is not a historic structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. Watercourse - A natural or artificial channel for passage of running water fed from natural sources in a definite channel and discharging into some stream or body of water. S36.1-362. Establishment of floodplain areas. For the purpose of the regulations prescribed in this division, there are hereby created various Floodplain Areas subject to inundation by waters of the one hundred (100) year flood. The basis for the delineation of the Floodway and the Flood - Fringe shall be the Flood Insurance Study for the City of Roanoke prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated January 1, 1984, and as amended. A copy of the Flood Insurance Study, city drainage standards and accompanying maps, as amended, shall be filed in the offices of the city clerk and the city engineer. The Floodplain Areas shall consist of the following: (a) The Floodway is delineated, for purposes of these regulations, using the criterion that certain areas within the Floodplain must be capable of carrying the waters of the one hundred (100) year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. These Floodways are specifically defined in Table 2 of the above-referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map. 314 (b) The Flood - Fringe shall be that area of the one hundred (100) year floodplain not included in the Floodway. The basis for the outermost boundary of the Flood - Fringe shall be the one hundred (100) year flood elevations contained in the flood profiles or Table 2 of the above-referenced Flood Insurance Study and as shown on the accompanying Flood Boundary and Floodway Map. (c) The Approximated Floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided and with a total contributing drainage area in excess of one hundred (100) acres. If the specific one hundred (100) year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by the applicant's professional engineers who shall certify that the technical methods used correctly reflect currently accepted technical concepts. (Refer to City of Roanoke Drainage Standards Manual.) Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the City Engineer. ~36.1-363. Application. (a) The Floodplain Areas described above shall be overlays to the existing underlying zoning districts as shown on the Official Zoning Map, and as such, the provisions for the Floodplain Areas shall serve as a supplement to the underlying Zoning District provisions; furthermore: (1) Where there happens to be any conflict between the provisions or requirements of any of the Floodplain Areas and those of the underlying zoning district, the more restrictive provisions shall apply; (2) In the event any provision concerning a Floodplain Area is declared to be inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying zoning district provisions shall remain applicable. (b) The boundaries of the Floodplain Areas previously described are established as shown on the Flood Boundary and Floodway Map which is declared to be a part of these regulations and which shall be kept on file at the Office of the City Clerk and/or the City Engineer. 315 (c) The delineation of any of the Floodplain Areas described in Section 36.1-362 may be revised by the City Council where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration in the form of a Letter of Map Amendment (LOMA). (d) Interpretations of the boundaries of the Floodplain Areas described in Section 36.1-362 shall be made by the Zoning Administrator. Interpretations by the Zoning Administrator may be appealed to the Board of Zoning Appeals in a manner as provided for in Section 36.1-654. (e) No land or use shall hereafter be developed within the Floodplain Areas, and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered, except in full compliance with the terms and provisions of these regulations and any other applicable ordinances and regulations which apply to uses within the jurisdiction of these regulations. (f) Filling in those portions of the Flood-Fringe area that contribute to bypass flooding shall be permitted in accordance with the regulations as set forth herein. S36.1-364. Floodplain development requlations. (a) Ail uses, activities, and development occurring within any Floodplain Areas shall be undertaken only upon the issuance of a special permit by the Zoning Administrator. Such development shall be undertaken only in strict compliance with the provisions of these regulations and with all other applicable codes and ordinances. (b) Prior to any proposed alteration of or relocation of any channels or floodway of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Army Corp of Engineers, who in turn, will notify the Virginia State Water Control Board and the Virginia Marine Resources Commission. Further notification by the applicant of a multijurisdictional proposal shall be given to all adjacent jurisdictions, the Division of Soil and Water Conservation (Department of Conservation and Recreation), and the Federal Insurance Administration. Copies of such notifications shall be provided to the Zoning Administrator for his records. 316 (c) Ail application~ for development in the Floodplain and all special permits issued for the Floodplain shall include a standard FEMA Elevation Certificate completed by a licensed surveyor or engineer. For all permits, the Zoning Administrator shall: (].) Obtain the elevation (in relation to mean sea level) of the Lowest Floor of all proposed new or Substantially Improved structures, and whether or not such structures contain a basement; (2) Obtain, if the structure will be flood-proofed, the elevation (in relation to mean sea level) to which the structure will be flood-proofed; (3) Maintain a record of all such information. (4) Where a non-residential structure is intended to be made water tight below the Base Flood level, the following shall apply: (i) A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of the Virginia Uniform Statewide Building Code, and; (ii) A record of such certificates which include the specific elevation (in relation to mean sea level) to which such structures are flood- proofed shall be maintained by the Zoning Administrator. (d) All manufactured homes or mobile homes to be placed or Substantially Improved within the Flood - Fringe shall be placed on a permanent foundation and anchored in accordance with the Virginia Uniform Statewide Building Code. (e) In the Floodway, no encroachments, including fill, new construction, Substantial Improvements and other development, shall be permitted unless the applicant's professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not 317 result in any increase in the One Hundred (100)-year flood elevation. The requirements of Section 36.1-364, paragraphs (d) and (f) shall apply to encroachments permitted by this section. (f) In the Flood-Frihge and Approximated Floodplain, the development or use of land shall be permitted in accordance with the regulations as set forth herein, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the flood-proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. Provided further that the lowest habitable floor of any structure shall be elevated to a minimum of two (2) feet above the Base Flood, or, when allowed in the Virginia Uniform Statewide Building Code, must be flood-proofed to two (2) feet above the Base Flood. (g) Within the Approximated Floodplain, the applicant's professional engineer shall also delineate a Floodway based on the requirements that all existing and future development not increase the One Hundred (100)-year flood elevation more than one (1) foot at any one point. The engineering principle-- equal reduction of conveyance--shall be used to make the determination of increased flood heights. Within the Floodway Area delineated by the applicant's professional engineer, the provision of subsection (e) above shall apply. S36.1-365. Permitted uses. In the Floodway, the following uses and activities shall be permitted as principal uses provided that they are in compliance with the provisions of the underlying zoning district and provided that they do not require structures, fill, or storage of materials and equipment within the Floodway which may cause a substantial increase in flood height and velocity: (1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Public and private recreational uses and activities such as parks, picnic grounds, golf courses, boat launchings and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, and fishing areas. (3) Residential uses such as yard areas, gardens, play areas, and loading areas. 318 (4) Industrial and commercial uses such as open storage of operable vehicles and parking areas, provided a method of expedient removal is available and provided such vehicles are not carrying or intended to carry buoyant, flammable, toxic or otherwise hazardous materials. S36.1 -366. Special exception uses. The following uses may be permitted in the Floodway by special exception granted by the Board of Zoning Appeals provided that they are in compliance with the provisions of the underlying zoning district: Structures accessory to the uses and activities in (1) and (2) of Section 36.1-365. (2) Certain public utilities and public facilities and improvements such as above ground pipe lines, water and sewage treatment plants, and other similar or related uses. (3) Water-related uses and activities such as docks, wharves, piers, etc. (4) Excavation of materials (where no increase in level of flooding or velocity is caused thereby.) (5) Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning. (6) Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural development, shall be undertaken in strict compliance with the flood-proofing provisions contained in all other applicable codes and ordinances. S36.1-367. Design criteria for public utilities and facilities. (a) Ail new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize infiltration of flood waters into the systems and discharges 319 from the systems into the flood waters. In addition, they must be located and constructed to minimize flood damage and impairment. (b) Ail new or replacement potable water facilities shall be designed to eliminate infiltration of flood waters into the system and be located and constructed to minimize flood damages. (c) Ail storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The City of Roanoke may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (d) Ail other utilities, such as gas lines, electrical and telephone systems being placed in flood-prone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence. (e) Streets, drainage openings and sidewalks should be designed to prevent increasing flood levels by more than one foot. S36.1-368. Existinq structures in the floodplain. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: (a) Existing structures and/or uses located in the Floodway shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement of flood heights is fully offset by accompanying stream or channel improvements.) (b) Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in a FlOodplain to an extent or amount less than fifty (50) percent of its market value, shall be elevated and/or flood-proofed in accordance with the Virginia Uniform Statewide Building Code to the greatest extent possible. 32O (c) For the purpose of this Chapter, the modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a Floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with the provisions of the Virginia Uniform Statewide Building Code. S36.1-369. Variances. When an application for a variance has been made, the procedure for processing the variance request shall be that as set forth in Section 36.1-654. (a) No variance shall be granted for any proposed use, development, or activity within any Floodway that will cause any increase in the One Hundred (100) year flood elevation. (b) variances, following: In passing upon applications for Floodplain the Board of .Zoning Appeals shall consider the (1) The danger to life and property due to increased flood heights or velocities caused by encroachment. (2) (3) (4) (5) (6) (7) (8) The danger that materials may be swept onto other lands or downstream to the injury of others. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. The importance of the services provided by the proposed facility to the community. The requirements of the facility for a waterfront location. The availability of alternative locations subject to flooding for the proposed use. not The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 321 The relationship of comprehensive plan program for the City. the proposed use to the and floodplain management (10) The safety of access by ordinary and emergency vehicles to the property in time of flood. (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (12) Ail other relevant factors. (c) The Board of Zoning Appeals may forward any application and accompanying documentation pertaining to any request for a variance to the City Engineer or other qualified person or state or federal agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. (d) Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such variance will not result in (a) prohibited increases in flood heights, (b) additional threats to public safety (c) extraordinary public expense, and will not (d) create nuisances, (e) cause victimization of the public, or (f) conflict with City laws or ordinances. (e) Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief from any hardship to the applicant. (f) The Board of Zoning Appeals shall notify the applicant for a variance, in writing within ten (10) days of the public hearing, that the issuance of a variance to construct a structure below the one hundred (100)-year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. (g) A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained by the Zoning Administrator and any variances shall be noted in the annual or biennial report of the City submitted to the Federal Insurance Administrator. 322 S36.1-370. Procedure for variances and special exception uses in Floodways. Ail applications for a variance or a special exception use in any Floodway as defined herein, shall include the following: (1) Plans in triplicate drawn to scale not less that 1" to 100' horizontally showing the location , dimensions, and contours (at 5 foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the Floodway to the proposal. (2) A typical valley cross-section as necessary to adequately show the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and 100-year flood elevation. (3) A profile showing the slope of the bottom of the channel or flow line of the stream. (4) A summary report, prepared by professional engineers or others of demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; and other pertinent technical matters. (5) A list of names, addresses and official tax numbers of adjoining property owners. S36.1-371. Abrogation and greater restrictions. These regulations supersede any regulations currently in effect in Floodplain Areas. However, any underlying regulations or restrictions shall remain in full force and effect to the extent that its provisions are more restrictive than the regulations as set forth herein. APPROVED ATTEST: City Clerk Mayor 323 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of January, 1992. No. 30840-012192. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 638, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made 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 S36.1-693, 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 13, 1992, 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. 638 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property located at 1925 Peters Creek Road, N. W., designated on Sheet No. 638 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6380102, and a portion of 6380101, be, and is hereby rezoned from RS-3, Residential Single Family District, to C-2, General 324 Commercial District, subject to those conditions proffered by and set forth in the First Amended Petition, filed in the Office of the City-- Clerk on December 11, 1991, and that Sheet No. 638 of the Zone Map be changed in this respect AP'PROVED ATTEST: City Clerk Ma~or ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of January, 1992. No. 30847-012192. A RESOLUTION requesting the 1992 Session of the General Assembly of Virginia to enact a certain amendment to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held January 21, 1992, at 2:00 p.m., in the Council Chamber in the Municipal Building, Fourth Floor, 215 Church Avenue, S. W., Roanoke, Virginia,--- after due and proper publication of the notice of public hearing pursuant to S15.1-835, 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 6f 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 amendment to such Charter, the Council is of opinion that the 1992 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: 325 1. The General Assembly of Virginia is hereby requested at its 1992 Session of the General Assembly to amend Section 56 of the Roanoke Charter of 1952, as presently amended, by adding the words hereinafter shown as underscored: S56. Powers and duties of the school board. The school trustees of said city shall be a body corporate under the name and style of the School Board of the city of Roanoke, and shall, have all of the powers, perform all of the duties and be subject to all of the limitations now provided, or which may hereafter be provided by law in regard to school boards of cities and except that all real estate with the buildings and improvements thereon heretofore or hereafter purchased with money received from the sale of bonds of this city, appropriated by the council or received from any other source for the purpose of public education, shall be the property of the said city of Roanoke, unless such money so received from any other source be received on other conditions. The school board shall transmit to the council and to the city director of finance a detailed statement of all moneys received by said board or placed to its credit. Separate accounts shall be kept by the said board of moneys appropriated by the council, and moneys received from other sources, and every such statement shall show the balance of each class of funds on hand or under control of said board as of the date thereof. The school board shall on or before March 15 of each fiscal year prepare and submit to the council or its designee for its information in making up its proposed annual budget a detailed estimate, in such form as said council or its designee shall require, of the amount of money required for the conduct of the public schools of the city for the ensuing fiscal year, with an estimate of the amount of all funds which will probably be received by said board for the purpose of public education from sources other than appropriations by the council. The Council may, at its discretion, by ordinance provide for an audit of the affairs and records of the school board by the municipal auditor or by any other competent person or firm selected by the council. The School Board shall be authorized to establish the school calendar so that the first day students are required to attend school may be prior to Labor Day~ provisions of general law notwithstandinq. the 326 2. As provided by S15.1-834, Code of Virginia (1950), as amended, the City Clerk is directed to forthwith to transmit to each of-- the members of the General Assembly of Virginia representing the City of Roanoke at the 1992 Session of the said General Assembly two copies of--, this resolution setting forth the requested amendments to the Roanoke Charter of 1952, as presently amended, to be put into the form of a bill to be introduced at the 1992 Session of the General Assembly. APPROVED A??EST.'- City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st Day of January, 1992. No. 30848-012192. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education $66,346,864.00 Facilities (1-3) ................................... 1,177,302.00 Fund Balance Capital Maintenance & Equipment Replacement Program - School Unappropriated (4) ................ $ 291,797.00 1) Replacement Machinery & Equipment 2) Replacement Other Capital Outlays (001-060-6004-6681-0801) $ (001-060-6004-6896-0809) 75,000.00 45,000.00 327 3) Buildings (001-060-6004-6896-0851) $ 150,000.00 4) CMERP-School (001-3324) (270,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st Day of Jaguary, 1992. No. 30849-012192. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Education Instruction (1-3) .................................. General Support (4) ................................ Revenue Grants-in-Aid Commonwealth Education (5) ..................................... 1) Compensation of Teachers 2) Education and Recreational Supplies (001-060-6001-6000-0121) (001-060-6001-6000-0614) $66,141,864.00 48,649,362.00 12,512,342.00 $52,897,496.00 28,398,354.00 $ 60,000.00 5,000.00 328 3) Replacement - Machinery and Equipment 4) Compensation of Bus Drivers 5) Basic State Aid (001-060-6001-6000-0801) $ 12,500.00 (001-060-6002-6676-0171) (12,500.00) (001-060-6000-0631) 65,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE S T: ~6L~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st Day of Jahuary, 1992. No. 30850-012192. AN ORDINANCE to amend and reordain certain sections of the' 1991-92 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 1991-92 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) .................. Nondepartmental Contingency - General Fund (2) .................. $15,029,834.00 6,859,122.00 12,209,360.00 502,976.00 Revenue Grants-in-Aid Commonwealth Welfare (3) ..................................... $53,237,496.00 9,337,904.00 329 1) Day Care Services (001-054-5314-3159) $ 450,000.00 2) Contingency (001-002-9410-2199) (45,000.00) 3) Day Care (001-020-1234-0686) 405,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st Day of January, 1992. No. 30851-012192. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Fire Administration (1) ............................ Emergency Medical Services (2) ..................... $29,097,928.00 291,751.00 1,051,200.00 Revenue Grants-in-Aid Commonwealth $52,834,846.00 Other Categorical Aid (3) ......................... 12,822,728.00 33O 1) Training and Development 2) Other Equipment 3) Rescue Squad Assistance (001-050-3211-2044) (001-050-3~21-9015) (001-020-1234-0708) $(2,350.00) 4,700.00 2,350.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of January, 1992. No. 30852-012192. A RESOLUTION accepting a certain Rescue Squad Assistance Grant offer made to the City by the Commonwealth of Virginia, Department Health, Division of Emergency Medical Services; and authorizing execution of the Grant Agreement on behalf of the City. follows: BE IT RESOLVED by the Council of the City of Roanoke as 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia, Department of Health, Division of Emergency Medical Services, under date of December 24, 1991, of a grant in the amount of $2,350.00, to be matched by local funds in the same amount, under the Rescue Squad Assistance Grant Program, such grant being more particularly described in the report of the City Manager, dated January 21, 1992, upon all the terms, provisions and conditions therein set out in the Grant Agreement, a copy of which is on file in the Office of the City Clerk. 2. The City Manager is hereby authorized to execute, on behalf of the City, a Grant Agreement thereby agreeing on behalf of the City to comply with the terms and conditions of such award, applicable law and regulations and all requirements of the Commonwealth, pertaining to the assistance provided. 331 3. The City Manager is further authorized to furnish such additional information as may be required by the Commonwealth in connection with the City's acceptance of the foregoing grant. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of January, 1992. No. 30853-012192. A RESOLUTION expressing the intent of the City of Roanoke that the City of Salem and the County of Montgomery shall each be accorded an additional sixty (60) days in which to reach an agreement with respect to the terms and conditions of either the City of Salem's or the County of Montgomery's joining the Roanoke Valley Resource Authority. WHEREAS, the Roanoke Valley Resource Authority Members' Use Agreement, dated October 23, 1991, entered into by the City of Roanoke, the Town of Vinton and the County of Roanoke, provides in Section 7.5, that the City of Salem and the County of Montgomery shall, within three (3) months of the execution of the Members' Use Agreement, be permitted to join the Roanoke Valley Resource Authority ("Authority") on substantially the same terms and conditions as are contained in such Agreement with the tipping fee and other amounts to be paid by the City of Salem and the County of Montgomery to be determined by unanimous vote of the members of the Authority; WHEREAS, in spite of good faith efforts, it has become impossible to reach an agreement with the City of Salem or the County of Montgomery within the time frame established by Section 7.5 of the Agreement; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. It is the intent of the City of Roanoke that the City of Salem and the County of Montgomery shall each be accorded an additional sixty (60) days, over and above the time provided in Section 7.5 of the Agreement, during which to reach an agreement with respect to either the 332 City of Salem's or the County of Montgomery's Joining the Authority and to execute an addendum or amendment with respect to the terms and-- conditions of either the City's or the County's Joining the Authority. i 2. The City Clerk is directed to forward an attested copy of this resolution to the Clerk of the Vinton Town Council, the Clerk of the Roanoke County Board of Supervisors, the Clerk of the Salem City Council and the Clerk of the Montgomery County Board of Supervisors. APPROVED ATTEST: City Clerk M~yor ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st Day of January, 1992. No. 30854-012192. AN ORDINANCE to amend and reordain certain sections of the__ 1991-92 Grant Fund Appropriations, and providing for an emergency. I WHEREAS, for the usual daily operation of the Municipal~ ~ Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Public Safety Fire Program Grant - F¥92 (1-2) .................. $1,183,203.00 92,543.00 Revenue Public Safety $1,183,203.00 Fire Program Grant - FY92 (3) .................... 92,543.00 333 1) Other Equipment 2) Training and Development 3) State Grant Revenue (035-050-3222-9015) (035-050-3222-2044) (035-035-1234-7096) $ 76,000.00 16,543.00 92,543.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. TTSST.' City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st Day of January, 1992. No. 30855-012192. A RESOLUTION accepting a certain Fire Program Fund Grant offer made to the City by the Department of Fire Programs of the Commonwealth of Virginia and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Department of Fire Programs of the Commonwealth of Virginia, under date of June 28, 1991, of a grant in the amount of $92,543.49, such grant being more particularly described in the report of the City Manager, dated January 21, 1992, upon all the terms, provisions and conditions relating to the receipt of such funds. 334 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Commonwealth. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th Day of January, 1992. No. 30856-012792. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Juvenile Detention Home (1) .................... Youth Haven I (2) .............................. Crisis Intervention Center (3) ................. 29,254,305.00 668,905.00 346,227.00 379,708.00 Revenue Grants-in-Aid Commonwealth Other Categorical Aid (4-6) .................... 1) USDA - Expenditures (001-054-3320-3000) $10,241.00 2) USDA - Expenditures (001-054-3350-3000) 1,728.00 52,859,192.00 12,835,574.00 335 3) USDA - Expenditures 4) USDA - Juvenile Detention Home 5) USDA - Crisis Intervention 6) USDA - Youth Haven (001-054-3360-3000) $ (001-020-1234-0660) (001-020-1234-0661) (001-020-1234-0662) 3,227.00 10,241.00 3,227.00 1,728.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th Day of January, 1992. No. 30857-012792. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Water and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Water and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Water Fund Appropriations Capital Outlay $31,404,091.00 Capital Improvements from 1992 Bonds (1-2) ......... 26,352,784.00 336 Capital Fund Appropriations Capital Improvement Reserve Public Improvement Bonds - Series 1992A (3-6) ..... Public Improvement Bonds - Series 1992B (7) ....... $60,351,890.00 7,121,025.00 --0-- 1) Water Plant Expansion 2) Water Plant Expansion 3) Storm Drains 4) Streets and Bridges 5) Schools 6) Buildings 7) Tower Project (002-056-8366-9189) (002-056-8366-9189) (008-052-9700-9176) (008-052-9700-9181) (008-052-9700-9182) (008-052-9700-9183) (008-052-9701-9184) $ 29,505,000.00 ( 3,152,216.00) 7,600,000.00 150,000.00 4,000,000.00 3,500,000.00 6,800,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd Day of February, 1992. No. 30858-020392. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for adding to and improving Virginia Heights Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 3rd day of February, 1992, presented to this Council an application addressed to the State Board of Education for the purpose of borrowing from the Literary Fund, $2,000,000 for adding to and improving the present school building at Virginia Heights Elementary School, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. 337 BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $2,000,000 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. This Council 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 operation 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 City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 3rd Day of February, 1992. No. 30860-020392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 5,076,631.00 Falling Creek Plant Rehabilitation (1) ............. 1,439,195.00 Retained Earninqs Retained Earnings Unappropriated (2) ............... $ 1,390,167.00 338 1) Approp. from General Revenue 2) Retained Earnings Unappropriated (002-056-8359-9003) $ (002-3336) 24,514.00 (24,514.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED MayOr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd Day of February, 1992. No. 30861-020392. AN ORDINANCE approving the City Manager's issuance of Change Order No. 7 to the City's contract with Acorn Construction, Ltd., for__ the renovation of Falling Creek Water Treatment Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 7 to the City's contract with Acorn Construction, Ltd., for the renovation of Falling Creek Water Treatment Plant, as more fully set forth in report to this Council dated February 3, 1992. 2. Such Change Order shall be performed on a time and material basis, not to exceed $24,514.00 and upon other terms and conditions deemed necessary bythe City Manager; provided, however, that approval of this Change Order shall in no way prejudice any claims City' may have under the Contract. 339 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd Day of February, 1992. No. 30864-020392. AN ORDINANCE authorizing the proper City officials to enter into a lease between the City of Roanoke and Crystal Tower Building Corporation for use by the multi-jurisdictional drug prosecutor, authorizing extension of such lease upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Roanoke, in form approved by the City Attorney, with Crystal Tower Building Corporation or its successor in title, a lease of Suite 205 on the second floor of the Crystal Tower Building, 145 W. Campbell Avenue, for use by the multi-jurisdictional drug prosecutor, for a one year term commencing January 1, 1992, and terminating December 31, 1992, at a monthly rental of $475.00, as more particularly set forth in the report by the Water Resources Committee to this Council dated February 3, 1992. Such lease shall contain such other terms and conditions as are approved and required by the City Manager. 2. The City Manager and the City Clerk are hereby authorized and directed to execute and attest respectively, in form approved by the City Attorney, future additional one year or less lease extensions upon the same terms and conditions for such office space providing that grant funds are available to pay the lease fee at no unfunded cost to the City, as more particularly set forth in the report by the Water Resources Committee to this Council dated February 3, 1992. 34O 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 ATTE ST: ~-~/)6b%w~,~- City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd Day of February, 1992. No. 30866-020392. A RESOLUTION requesting the General Assembly to increase the criminal penalties for selling or giving a pistol to a minor and for possession of any firearm on school property. WHEREAS, numerous crimes involving juveniles and firearms have recently been reported in the Roanoke Valley and in Southwest Virginia; -~ WHEREAS, easy access of juveniles to firearms has also resulted in accidental and suicidal deaths; ..... WHEREAS, juvenile involvement with firearms appears to be increasing in Virginia and nationally; WHEREAS, this societal problem of juvenile involvement with firearms does not stop at the boundaries of our public schools, and this City Council is concerned with recent reports of firearms on public school property; and WHEREAS, the General Assembly has prohibited the local governments of the Commonwealth from regulating the sale and possession of firearms; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council implores the General Assembly to adopt legislation such as House Bill 1039, amending S18.2-309, Code of Virginia (1950), as amended, increasing the penalty for selling or giving a pistol to a minor. City Council further urges the GeneralAssembly to make such offense a felony and to extend the crime to sale of any firearm, not just a pistol, to a minor. --~ 341 2. City Council further urges the General Assembly to adopt legislation, such as House Bill 468, increasing the penalty for possession of a firearm on school property from a Class 1 misdemeanor to a Class 6 felony. 3. The City Clerk is directed to forward an attested copy of this resolution to The Honorable J. Brandon Bell, II, Member, Senate of Virginia; The Honorable A. Victor Thomas, Member, House of Delegates; and The Honorable Clifton A. Woodrum, III, Member, House of Delegates. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30859-021092. AN ORDINANCE authorizing execution of Memoranda of Liens when Literary Fund loans are approved. WHEREAS, this Council has, from time to time, upon request of the School Board for the City of Roanoke, approved borrowing funds from the Literary Fund of the Commonwealth; WHEREAS, section 22.1-157 of the Code of Virginia (1950), as amended, provides that such loans shall constitute a specific lien on the building and addition thereto for which the loan was made as well as the lots where the buildings are situated, and further provides that a Memorandum of Lien shall be duly recorded in the appropriate Circuit Court; and WHEREAS, it is the desire of Council to recognize the creation of such liens and to authorize the appropriate City official to execute Memoranda of Liens in connection with such loans. 342 NON, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor is hereby authorized, for and on behalf of the~ City, to execute appropriate Memoranda of Liens in connection with Literary Fund loans heretofore or hereafter approved and funded by the Commonwealth of Virginia. Said Memoranda of Liens shall be in a form approved by the City Attorney. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30862-021092. AN ORDINANCE authorizing the relocation of certain public utility easements at the Sewage Treatment Plant in connection with the Roanoke River Flood Reduction 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, appropriate documentation providing for the abandonment of certain existing easements and for the dedication of new easements in connection with the relocation of certain Appalachian Power Company lines and poles located at the Sewage Treatment Plant as more particularly set forth in the report to this Council from the Water Resources Committee dated February 3, 1992. APPROVED ATTEST: City Clerk 343 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30863-021092. AN ORDINANCE authorizing the execution of a certain agreement between the City and the Commonwealth of Virginia for installation of a carbon monoxide monitor on City property upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney, an appropriate agreement, said agreement to be terminated at any time by either party upon thirty (30) days written notice, permitting the installation of a certain carbon monoxide monitor in the southeasterly corner of the Public Works Service Center, said site to be fenced off with a secure gate, such installation to include repair of the existing fence with the Commonwealth of Virginia Department of Air Pollution Control to be responsible for provision of appropriate liability insurance and assumption of utilities, all as more particularly set forth in the report to this Council from the Water Resources Committee dated February 3, 1992. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30865-021092. AN ORDINANCE authorizing a renewal of the existing lease agreement between the City and the Blue Ridge Zoological Society of Virginia, Inc. for the Mill Mountain Zoo and renewal of the existing agreement between the City, the Roanoke Jaycees, Inc. and the Blue Ridge Zoological Society of Virginia, Inc. for operation of the miniature railroad at the Zoo upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 344 1. The City Manager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney,'-- an appropriate renewal agreement of the lease between the City and the Blue Ridge Zoological Society of Virginia, Inc. for the Mill Mountain__ Zoo, said renewal to be for an initial five (5) year term with mutually agreeable options for three (3) subsequent five (5) year terms and to include an expansion of the leased premises to include approximately 3.587 acres and to contain such other terms and conditions as are deemed to be in the City's interest, all as more particularly set forth in the report to this Council from the Water Resources Committee dated February 3, 1992. 2. The City Manager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney, an appropriate renewal of the lease among the City, the Roanoke Jaycees, Inc. and the Blue Ridge Zoological Society of Virginia, Inc. for operation of the miniature railroad at the Zoo, said agreement to be for an initial five (5) year term with mutually agreeable options for annual renewal thereafter and to contain such other terms and conditions as are deemed to be in the City's interest as more particularly set forth in the report to this Council from the Water Resources Committee dated February 3, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30869-021092. A RESOLUTION denying an Application filed by and on behalf of the Wright-Creston-Rosewood Association to alter by traversable barricade Wright Road, Creston Avenue and Rosewood Avenue, and endorsing the recommendation of the Planning Commission relating to said Application, and directing the City Manager to act in accordance with the said recommendation. BE IT RESOLVED by the Council of the City of Roanoke that the Application filed by and on behalf of the Wright-Creston-Rosewood Association to alter by traversable barricade Wright Road, Creston Avenue and Rosewood Avenue, be denied; 345 BE IT FURTHER RESOLVED that the traffic control measures recommended by the Planning Commission in its report dated February 10, 1992, to City Council be endorsed by City Council and that the City Manager be directed to implement said traffic control measures, as set forth in said report. APPROVED ATTEST: City Clerk IN THE COUNCIL OF ~HE CITY OF ROANOKE, VIRGINIA The 10th Day of February, 1992. No. 30870-021092. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Community Development Block Grant FY 92 Housing FY 92 (1-2) ............................... 1) Downpayment and Closing Cost Assistance 2) Home Ownership Assistance (035-091-9120-5117) (035-091-9120-5115) $ 60,000.00 (60,000.00) $2,282,090.00 604,752.00 346 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30871-021092. A RESOLUTION authorizing an amendment to the FY 1991-92 Community Development Block G~ant Program and Budget to provide for Downpayment and Closing Cost Assistance, 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 are authorized to amend the FY 1992 Community Development Block Grant Program and Budget to provide for Downpayment and Closing Cost Assistance, and to execute any other--~ necessary documentation, said documentation to be attested by the City Clerk and approved as to form by the City Attorney, as more particularly set forth in the report to this Council dated February 10, 1992. APPROVED ATTEST: ~6~ City Clerk 347 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th Day of February, 1992. No. 30872-021092. A Resolution of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to exceed $60,000,000 aggregate principal amount of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial HospitAl Giles Memorial Hospital and Radford Memorial Hospital Project),-Series 1992, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the City of Roanoke, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth of Virginia duly created pursuant to the Industrial Development and Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended (the "Act") and authorized by the Act to issue revenue bonds for the purpose of providing funds to pay the costs of certain projects required or useful for health care purposes; and WHEREAS, Roanoke Memorial Hospitals (IIRMHII) is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Community Hospital of Roanoke Valley ("CHRVII) is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Bedford County Memorial Hospital, Incorporated (IIBCMHII) is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Bedford, Virginia; and WHEREAS, The Radford Community Hospital, Incorporated (IIRCH") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Radford, Virginia; and 348 WHEREAS, Giles Memorial Hospital, Incorporated (IIGMHII) is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of---- Pearisburg, Giles County, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted December 18, 1992 (the "Inducement Resolution") and by the Roanoke Authority Resolution referred to below evidenced its desire to issue its revenue bonds for the following purposes: (I) (a) financing for RMH a portion of the costs of (i) renovating certain portions of the RMH hospital facilities, and (ii) acquiring certain capital equipment for use in or in connection with the RMH hospital facilities (the 'IRMH Project"), (b) financing for CHRV a portion of the costs of (i) renovating certain portions of the CHRV hospital facilities, and (ii) acquiring certain capital equipment for use in or in connection with the CHRV hospital facilities (the "CHRV Project"), (c) financing for GMH a portion of the costs of (i) expanding and renovating the emergency room, (ii) renovating certain other portions of the GMH hospital facilities, and (iii) acquiring certain capital equipment for use in or in connection with the GMH hospital facilities (the IIGMH Project"), (d) financing for BCMH a portion of the costs of (i) renovating certain portions of the BCMH hospital facilities, and (ii) acquiring certain capital equipment for use in or in connection with the BCMH hospital facilities (the 'IBCMH Project"), and (e) financing for RCH a portion of the costs of (i) expanding and renovating the emergency room, radiology__ and admissions areas, (ii) renovating certain other portions of the RCH hospital facilities, and (iii) acquiring certain capital equipment for use in or in connection with the RCH hospital facilities (the 'IRCH Project") (the RMH Project, the CHRV Project, the GMH Project, the BCMH Project and the RCH Project are hereinafter collectively referred to as the "Project"); and (II)(a) refunding certain bonds previously issued on December 11, 1985 by the Authority for the benefit of RMH the proceeds of which were used to finance or refinance the acquisition and installation of certain fixtures, furniture, machinery and equipment for use in the RMH hospital facilities and to refund certain other bonds of the Authority issued on August 31, 1988 for the benefit of RMH; (b) refunding certain bonds previously issued on July 21, 1989 by the Industrial Development Authority of the City of Bedford, Virginia for the benefit of BCMH the proceeds of which were used to finance the renovation of certain portions of the BCMH hospital facilities and the acquisition of certain capital equipment for use in the BCMH hospital facilities and to refund certain other existing indebtedness of BCMH the proceeds of which were used to construct, renovate and equip the BCMH hospital facilities, (c) refunding certain bonds previously issued on July 21, 1989 by the Industrial Development Authority of the City of Bedford, Virginia for the benefit of GMH the proceeds of which were used to finance or refinance renovations to the GMH hospital facilities and the acquisition of certain capital equipment for use in the GMH hospital facilities and to refund certain other existing indebtedness of GMH the proceeds of which were used to renovate, expand and equip the GMH-- 349 hospital facilities, (d) refunding certain bonds previously issued on September 13, 1990 by the Industrial Development Authority of the City of Radford for the benefit of RCH the proceeds of which were used to finance the acquisition, expansion, renovation and equipping of certain portions of the RCH hospital facilities, expanding and equipping a building at 707 Randolph Street which building is used as office space for RCH and physicians, and to refund certain other existing indebtedness of RCH the proceeds of which were used to finance the construction, renovation and equipping of certain portions of the RCH hospital facilities; (e) refunding certain bonds previously issued on July 12, 1984 by the Industrial Development Authority of Giles County, Virginia for the benefit of GM]{ the proceeds of which were used to finance or refinance the acquisition of certain capital equipment for use in the GMH hospital facilities, and (f) refinancing a certain taxable loan dated October 22, 1990 to GMH from Dominion Bank, National Association the proceeds of which were used to finance or refinance the acquisition of certain capital equipment for use in the GMH hospital facilities (the above-described bonds and loan to be refunded are hereinafter collectively referred to as the "Prior Bonds"); and WHEREAS, the Roanoke Authority has by resolution adopted January 29, 1992 (the "Roanoke Authority Resolution") authorized the issuance of not to exceed $60,000,000 aggregate principal amount of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospital, Giles Memorial Hospital and Radford Community Hospital Project) Series 1992 (the "Bonds") for the purpose of (i) financing a portion of the costs of the Project, (ii) refunding the Prior Bonds, (iii) paying a portion of the interest accruing on the Bonds during the acquisition and renovation of the Project, and (iv) paying certain expenses incurred in connection with the authorization and issuance of the Bonds; and WHEREAS, the City Council of the City of Roanoke, Virginia (the "Council") must first approve the issuance of the Bonds before the Roanoke Authority can proceed with the financing; and WHEREAS, the Roanoke Authority has delivered or caused to be delivered to the Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Act, (iii) a copy of the Inducement Resolution, and (iv) a copy of the Roanoke Authority Resolution, which constitutes the recommendation of the Roanoke Authority that the Council approve the financing of the Project, the refunding of the Prior Bonds and the issuance of the Bonds; and 350 WHEREAS, the Council has determined that it is necessary at this time to approve the issuance by the Roanoke Authority of not to---- exceed $60,000,000 aggregate principal amount of the Bonds to promote the improvement of health and living conditions of the people of the--- City of Roanoke and the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of said City and Commonwealth and its inhabitants by improving the hospital facilities of RMH, CHRV, BCMH, RCH and GMH, respectively; NOW THEREFORE, BE IT.RESOLVED by the City Council of the City of Roanoke, Virginia: Section 1. The Council hereby approves the issuance by the Roanoke Authority of not to exceed $60,000,000 aggregate principal amount of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospital, Giles Memorial Hospital and Radford Community Hospital Project) Series 1992 for the purpose of (i) financing a portion of the costs of the Project, (ii) refunding the Prior Bonds, (iii) paying a portion of the interest accruing on the Bonds during the acquisition and renovation of the Project, and (iv) paying certain expenses incurred in connection with the authorization and issuance of the Bonds. Section 2. The Mayor or the Vice Mayor, the Clerk or any_ Deputy Clerk of the Council are hereby authorized and directed, on behalf of the Council, to take any and all action necessary, including the execution of any documents, to consummate the sale of the Bonds conformity with the provisions of this resolution. Section 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds of the creditworthiness of RMH, CHRV, BCMH, RCH or GM}{, and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal of, the redemption premium, if any, or the interest on the Bonds or other costs incident thereto except from the revenues and funds pledged therefor and neither the faith or credit nor the taxing power of the Commonwealh of Virginia, the City nor the Roanoke Authority shall be pledged thereto. 351 Section 4. This Resolution shall take effect immediately upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30873-021092. A RESOLUTION authorizing the City Manager or his designee to enter into a contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or his designee, and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the Virginia Department of Health, pursuant to S32.1-31, Code of Virginia (1950), as amended, such contract establishing the financial contributions of the City Council and the Commonwealth to the local Health Department and the public health services to be rendered by such Department, a copy of such contract being attached to the report of the City Manager, dated February 10, 1992, and on file in the Office of the City Clerk, to be in form approved by the City Attorney, and upon such other terms and conditions as are provided therein. ATTEST: City Clerk APPROVED Mayor 352 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th Day of February, 1992. No. 30874-021092. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation Statesman Industrial Park Storm Drain (1) .......... Capital Improvement Reserve Public Improvement Bond Series 1992 (2) ............ $ 1,049,971.00 486,985.00 8,234,785.00 7,111,025.00 1) Appropriations from Bonds 2) Storm Drains (008-052-9656-9001) (008-052-9700-9176) $ 10,000.00 (10,000.00) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this-- ATTEST City Clerk APPROVED 353 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30875-021092. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Mattern & Craig, Inc., for engineering services in connection with the Statesman Industrial Park project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Mattern & Craig, Inc., related to engineering services in connection with the Statesman Industrial Park project. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 310,000.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 326,985.00 CHANGE ORDER NO. 2: Level I environmental assessments on five parcels at $2,000 per parcel + $ 10~000.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 $ 336t985.00 354 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th Day of February, 1992. No. 30877-021092. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the sahe are hereby, amended and reordained to read as follows, in part: ADDropriations Streets and Bridges 2nd Street/Gainsboro/Wells Avenue (1-2) ........... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (3) ........ $ 8,053,458.00 4,332,125.00 8,244,032.00 393,869.00 Revenue Due from State - 2nd Street (4) ..................... $ 2,434,470.00 1) Appropriations from Bonds (008-052-9547-9001) $ 2) Appropriations from State (008-052-9547-9007) 3) Streets and Bridges (008-052-9603-9181) 4) Due from State 2nd Street (008-1233) 753.00 37,620.00 ( 753.00) 37,620.00 355 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30878-021092. AN ORDINANCE accepting the bid of Alan L. Amos, Inc., for removal and proper disposal of asbestos containing material and demolition of structure at 416 Gainsboro Road, N. W., upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Alan L. Amos, Inc., in the total amount of $37,620.00, for the removal and proper disposal of asbestos containing material and demolition of structure at 416 Gainsboro Road, N. W., as more particularly set forth in the February 10, 1992 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. 356 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, t APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30879-021092. A RESOLUTION electing and appointing Willard N. Claytor as Director of Real Estate Valuation for the City of Roanoke effective April 1, 1992, and establishing the terms and conditions of Mr. Claytor's employment as Director of Real Estate Valuation. WHEREAS, the City Council desires to elect and appoint Willard_. N. Claytor as Director of Real Estate Valuation pursuant to S32-36, et seq., Code of the City of Roanoke (1979), as amended; and WHEREAS, Mr. Claytor has agreed to accept election and appointment as Director of Real Estate Valuation; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Willard N. Claytor is hereby elected and appointed as Director of Real Estate Valuation for the City of Roanoke effective April 1, 1992. 2. As Director of Real Estate Valuation, Mr. Claytor shall be the assessor of real estate for taxation in this City and shall have the powers and duties provided for such office by the Code of the City of Roanoke (1979), as amended, and general law and special act of the Commonwealth. 3. The terms and conditions of Mr. Claytor's election and appointment as Director of Real Estate Valuation shall be as hereinafter set forth: 357 (a) (b) (c) (d) (e) The base bi-weekly salary of Mr. Claytor as Director of Real Estate Valuation shall be $2,153.84, payable at the same time as other employees of the City; The City shall execute any necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for Mr. Claytor's participation in said ICMA-RC Retirement Plan, and in addition to the salary set out in section 3(a) herein, the City shall pay an amount equal to nine percent (9%) of Mr. Claytor's gross salary into ICMA-RC on his behalf, in equal proportionate amounts each bi-weekly payday, and the City shall transfer ownership to any succeeding eligible employers upon Mr. Claytor's resignation or discharge; provided that the City's contribution on Mr. Claytor's behalf to ICMA-RC during any tax year shall not exceed the maximum amount permitted by IRS regulations to be deferred from federal income taxation during any tax year (currently, $7,500.00 per year); Recognizing that the job requirements of the Director of Real Estate Valuation routinely require incurring of travel related expenses in the course of City business, a bi-weekly salary increment of $69.23 shall be provided for use by Mr. Claytor of a privately-owned or leased automobile in the conduct of official City business; The City shall put into force on Mr. Claytor's behalf a disability insurance policy providing income benefits equivalent to seventy percent (70%) of Mr. Claytor's net salary for the duration of any disability and make required premium payments thereon; and With respect to benefits and terms and conditions of employment not enumerated in this resolution, Mr. Claytor shall be 358 accorded such benefits and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City. 4. Mr. Claytor shall make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. 5. So long as Mr. Claytor shall hold the office of Director of Real Estate Valuation, this resolution shall be effective until amended or repealed. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30867-021892. AN ORDINANCE to amend SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally rezoned from RS-3, Residential Single-Family District, to RM-1, Residential Multifamily, Low Density District. WHEREAS, application has been made to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at the end of Hawthorne Road, N. W., described as Lots 5A and 4A, according to the Map of Alrlee Court, being further identified as Official Tax Nos. 2190408 and 2190409, which property was previously conditionally rezoned by the adoption of Ordinance No. 29602, adopted June 19, 1989; and which conditions were amended by the adoption of Ordinance No. 29837-112089, adopted November 20, 1989; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, 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 359 WHEREAS, a public hearing was held by City Council on said application at its meeting on February 10, 1992, after due and timely notice thereof as required by S36.1-693, 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 S~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition filed in the City Clerk's Office on December 11, 1991, and as set forth in the report of the Planning Commission dated February 10, 1992. AP P ROVE D ATTE ST: ~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30868-021892. AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multifamily, Low Density District, subject to certain conditions proffered by the applicant; and 360 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the-- City of Roanoke (1979), as amended, and after conducting a public' . hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on February 10, 1992, after due and timely notice thereof as required by S36.1-693, 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 ~erein 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. 243 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located at 2401 Clifton Avenue, N. W., known as Lot 5, Block 1, designated on Sheet No. 243 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2430434, be, and is hereby rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multifamily, Low Density District, subject to those conditions proffered by and set forth in the Petition, filed in the Office of the City Clerk on October 16, 1991, and that Sheet No. 243 of the Zone Map be changed in this respect. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30876-021892. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new ~21-85, Transportinq a loaded rifle or shotgun, to Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, such new--~ 361 section prohibiting the transporting of a loaded shotgun or loaded rifle in any vehicle on any public street of the City; requiring notification to the Director of Game and Inland Fisheries; and providing for an effective date. 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 section to Article III, Weapons, of Chapter 21, Offenses - Miscellaneous: S21-85. Transportinq a loaded rifle or shotqun. It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road or highway within the corporate limits of the City. The provisions of this section shall not apply to duly authorized law enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. Any violation of this section shall be punishable by a fine of not more than One Hundred Dollars ($100.00). 2. The City Clerk shall, on behalf of this Council, by registered mail prior to March 15, 1992, transmit an attested copy of this ordinance to and give notice of the adoption of this ordinance to the Director of the Department of Game and Inland Fisheries. 3. This ordinance shall be in full force and effect on and after April 1, 1992. APPROVED ATTEST: City Clerk 362 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30880-021892. A RESOLUTION approving an interim budget for the Roanoke Valley Resource Authority upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with section 5.9, Annual Budget, of the October 23, 1991, Roanoke Valley Resource Authority Members Use Agreement, the City of Roanoke hereby approves the proposed five (5) month interim budget for the Roanoke Valley Resource Authority for the period February through June 1992, for start up and operation as more particularly set forth in the report to this Council dated February 18, 1992, provided however, that the City does not waive the right to review and approve itemized categories of expenditures and other applicable requirements for future annual budgets submitted by the Roanoke Valley Resource Authority. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30881-021892. AN ORDINANCE approving the loan of Community Development Block Grant (CDBG) funds to certain individuals in connection with the City's Home Purchase Assistance Program, authorizing the City Manager to execute documents approved as to form by the City Attorney necessary to implement and administer the loans, including a Construction Disbursement Agreement, authorizing the City Attorney and Director of Finance to serve as trustees with regard to the related deed of trust securing the notes for the loan, authorizing the City Manager to execute a certificate of satisfaction upon full payment and satisfaction of the loans, and authorizing recordation by the City Attorney of the certificate of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke; and providing for an emergency. 363 WHEREAS, Council has. previously approved the concept of the Home Purchase Assistance Program in which the City will provide loans for purchase, closing costs and additional property rehabilitation from CDBG funds to low-moderate income households agreeing to buy and repair certain identified substandard housing, contingent upon approval by the Virginia Housing Development Authority (VHDA) of State rehabilitation loans. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to loan CDBG funds in connection with the City's Home Purchase Assistance Program to the individuals identified in the City Manager's report dated February 18, 1992, upon the terms and conditions set forth therein. 2. The City Manager is hereby authorized for and on behalf of the City to execute documents approved as to form by the City Attorney necessary to implement and administer the loan, including a Construction Disbursement Agreement, in connection with the Home Purchase Assistance Program loans to be made to Dwight M. Reynolds and Lydia M. Reynolds, which loan amount shall not exceed $22,750.00 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 1915 Hanover Avenue, N. W., in accordance with the recommendations contained in the City Manager's report of February 18, 1992. 3. To secure payment of the loan of CDBG funds made under the Home Purchase Assistance Program and performance by the loan recipients, the recipients shall execute a deed of trust and deed of trust note, which document shall be approved as to form by the City Attorney. 4. Wilburn C. Dibling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance (hereinafter "Trustees"), are hereby authorized to serve as Trustees for and on behalf of the City as beneficiary. 5. Pursuant to S26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason whatsoever to appoint a substitute trustee or trustees. 6. Upon payment or full satisfaction of the debt secured by the deed of trust and delivery of the canceled deed of trust note to the person or persons by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of Circuit Court of the City of Roanoke. 364 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of February, 1992. No. 30882-021892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to-- read as follows, in part: Appropriations Public Safety Juvenile Detention Home (1) ........................ Youth Haven (2) .................................... Crisis Intervention (3) ............................ $29,271,647.00 676,141.00 351,017.00 384,018.00 Revenue Grants-in-Aid Commonwealth $53,347,878.00 Other Categorical Aid (4) ......................... 12,854,260.00 1) Temporary Employee Wages (001-054-3320-1004) $ 17,477.00 2) Expendable Equipment (001-054-3350-2035) 6,518.00 3) Expendable Equipment (001-054-3360-2035) 7,537.00 365 4) Juvenile Facilities Block Grant (001-020-1234-0652) 31,532.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of February, 1992. No. 30883-021892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Crisis Intervention (1) ........................... Revenue Grants-in-Aid Commonwealth Other Categorical Aid (2) ......................... 1) Purchased Services 2) Juvenile Facilities Block Grant (001-054-3360-3160) $ 12,872.00 (001-020-1234-0652) 12,872.00 $29,252,987.00 389,353.00 $53,329,218.00 12,835,600.00 366 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30884-021892. A RESOLUTION establishing the policy of the City with respect to supporting requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia. WHEREAS, this Council from time to time, has been requested to adopt a resolution in support of a non-profit organizations request of__ the General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, this Council has not heretofore adopted any policy with respect to those organizations requests and the terms and conditions under which Council will support an organizations request for tax-exempt status; WHEREAS, a written policy will assist Council in considering whether an organization should be given Council's support of its request for tax exempt status, and a written policy also will help to insure that all similarly situated organizations are treated uniformly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That effective March 1, 1992, as a condition to receiving a resolution from Council supporting its request of the General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia, all organizations must: (a) request a written determination from the Commissioner of revenue whether the organization is tax-exempt by classification or designation under the Code of Virginia; 367 (b) notify the City Clerk, in writing, of the organization's intent to seek new or additional space for its activities, such notice shall be given 45 days prior to the organization's entering into any contract for the purchase of real property for which it intends to seek tax-exempt designation; (c) agree to pay to the City an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the real property of the organization, in the City of Roanoke, were the organization not exempt from such taxation, for so long as the organization's real property is exempted from State and local taxation; (d) submit to the City Manager detailed answers to the questions set forth in subsection B of S30-19.04 of the Code of Virginia (1950), as amended, such answers must be submitted no later than November 15 in order to receive a resolution to be considered by the next session of the General Assembly; and (e) file a petition for tax-exempt status with City Council at least sixty (60) days in advance of the first day of the next session of the General Assembly. 2. If the Council adopts a resolution supporting an organization's request of the General Assembly, and the request is granted: (a) the value of all exempted taxes shall be deducted from any funding provided by the City to the organization; and (b) the Commissioner of Revenue and the Office of Real Estate Valuation will monitor the tax-exempt status of the property through the use of: (1) biennial application for tax-exemption; and (2) regular use compliance checks by the Office of Real Estate Valuation. APPROVED ATTEST City Clerk 368 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of February, 1992. No. 30885-021892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Building Maintenance (1) ........................... Non-departmental Contingency - General Fund (2) ..................... $19,678,601.00 3,145,705.00 12,172,635.00 466,251.00 Revenue Accounts Receivable - Roanoke Festival in the Park (3) ........................................... $ Revenue - Miscellaneous (4) ......................... 20,000.00 165,000.00 1) Maintenance 3rd Party 2) Fixed Asset Maintenance 3) Accts. Rec. Roanoke Festival in the Park (001-1281) 4) Revenue - Miscellaneous (001-020-1234-0859) (001-052-4330-3056) (001-002-9410-2201) 46,725.00 (26,725.00) 20,000.00 20,000.00 369 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30886-021892. AN ORDINANCE accepting the bid of Fischer Electrical Construction, Inc., for construction of permanent electric service for Festival in the Park at Elmwood Park on Bullitt Avenue, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; authorizing the proper City officials to execute an agreement with Festival In The Park, Inc. allocating the cost of such project; rejecting all other bids made to the City for the work; and providing for an emergency. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. The bid of Fischer Electrical Construction, Inc., in the total amount of $44,500.00, for the construction of permanent electrical service for Festival in the Park at Elmwood Park on Bullitt Avenue, as more particularly set forth in the City Manager's report to this Council dated February 18, 1992, 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. 37O 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, execute and attest, respectively, an appropriate agreement with Festival In The Park, Inc. obligating Festival In The Park, Inc. to reimburse the City fifty percent (50%) of the actual cost of such project up to twenty-thousand dollars ($20,000.00), such agreement to be upon such terms and conditions deemed appropriate by the City Manager and in accordance with the recommendations contained in the City Manager's report to this Council dated February 18, 1992 and in such form as is approved by the City Attorney. 4. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of February, 1992. No. 30887-022492. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 371 Appropriations Fifth District Employment & Training Consortium - FY91 (1-4) ....................................... Fifth District Employment & Training Consortium - FY92 (5-82) ...................................... $ 2,149,561.00 1,586,368.00 Revenue Fifth District Employment & Training Consortium - FY91 (83-86) ..................................... Fifth District Employment & Training Consortium - FY92 (87-95) ..................................... $ 2,149,561.00 1,586,368.00 1) TAP (034-054-9161-8131) $(16,530.00) 2) Funding Authority (034-054-9161-9990) (40,642.00) 3) Wages (034-054-9180-9078) ( 1,498.00) 4) Wages (034-054-9160-8350) ( 3,815.00) 5) Wages (034-054-9261-8350) 10,463.00 6) Fringes (034-054-9261-8351) 1,351.00 7) Travel (034-054-9261-8352) 235.00 8) Communica- tions (034-054-9261-8353) 219.00 9) Supplies (034-054-9261-8355) 382.00 10) Insurance (034-054-9261-8356) 307.00 11) Contractual Services (034-054-9261-8357) 311.00 12) Leases (034-054-9261-8358) 911.00 13) Equipment (034-054-9261-8359) 208.00 14) Miscellaneous (034-054-9261-8360) 52.00 15) Wages (034-054-9261-8050) 12,510.00 16) Fringes (034-054-9261-8051) 2,297.00 17) Travel (034-054-9261-8052) 530.00 18) Communica- tions (034-054-9261-8053) 1,060.00 19) Supplies (034-054-9261-8055) 829.00 20) Insurance (034-054-9261-8056) 46.00 21) Leases (034-054-9261-8058) 73.00 22) Equipment (034-054-9261-8059) 177.00 23) Miscellaneous (034-054-9261-8060) 147.00 24) Testing Fees (034-054-9261-8431) 130.00 25) Roanoke County Schools (034-054-9261-8153) 25,566.00 26) TAP (034-054-9261-8172) 25,000.00 27) TAP Literacy (034-054-9261-8451) 4,000.00 28) Roanoke County Schools (034-054-9261-8452) 6,912.00 372 29) Hollins College 30) Virginia Western Community College 31) Work Experience 32) Wages 33) Fringes 34) Travel 35) Communica- tions 36) Equipment 37) Supplies 38) Miscellaneous 39) Roanoke City Nursing Support 40) Funding Authority 41) VEC-Staff Formula 42) Wages 43) Fringes 44) Travel 45) Communica- tions 46) Supplies 47) Insurance 48) Leases 49) Miscellaneous 50) Contractual Services 51) Funding Authority 52) VEC-Staff 40% 53) Wages 54) Fringes 55) Travel 56) Supplies 57) Communica- tions 58) Aunt Weeda's Closet 59) Virginia Western Community College (034-054-9261-8460) (034-054-9261-8192) (034-054-9261-8462) (034-054-9261-8030) (034-054-9261-8031) (034-054-9261-8032) (034-054-9261-8033) (034-054-9261-8034) (034-054-9261-8035) (034-054-9261-8040) (034-054-9261-8450) (034-054-9261-9990) (034-054-9281-8405) (034-054-9281-8010) (034-054-9281-8011) (034-054-9281-8012) (034-054-9281-8013) (034-054-9281-8015) (034-054-9281-8016) (034-054-9281-8018) (034-054-928~-8360) (034-054-9281-8357) (034-054-9281-9990) (034-054-9281-8190) (034-054-9281-8400) (034-054-9281-8401) (034-054-9281-8402) (034-054-9281-8448) (034-054-9281-8447) (034-054-9281-8435) (034-054-9281-8449) $ 872.00 2,824.00 31,602.00 19,002.00 3,681.00 464.00 522.00 290.00 491.00 87.00 70.OO 22,853.00 17,513.00 2,750.00 352.00 62.00 158.00 106.00 79.00 26.00 26.00 79.00 3,103.00 6,622.00 500.00 50.00 50.00 100.00 100.00 650.00 13,222.00 373 60) 61) 62) 63) 64) 65) 66) 67) 68) 69) 7O) 71) 72) 73) 74) 75) 76) 77) 78) 79) 80) 81) 82) 83) 84) 85) 86) 87) 88) 89) 90) Dabney S. Lancaster Community College Virginia Tech College of Health Sciences Participant Support Funding Authority Wages Fringes TAP Wages Fringes Travel Communica- tions Supplies Insurance Leases Miscellaneous Contractual Services Wages Fringes Travel Supplies Leases Miscellaneous Title IIA Administra- tion Title IIA Program Contributions From Other Localities FDETC Contri-butions Title IIA Administra- tion Title IIA Program EDWAA EDWAA 40% (034-054-9281-8238) (034-054-928t-8451) (034-054-9281-8454) (034-054-9281-8461) (034-054-9281-9990) (034-054-9280-9078) (034-054-9280-9079) (034-054-9262-8131) (034-054-9262-8350) (034-054-9262-8351) (034-054-9262-8352) (034-054-9262-8353) (034-054-9262-8355) (034-054-9262-8356) (034-054-9262-8358) (034-054-9262-8360) (034-054-9262-8357) (034-054-9280-9078) (034-054-9280-9079) (034-054-9260-8352) (034-054-9260-8355) (034-054-9260-8358) (034-054-9260-8360) (034-034-1234-9160) (034-034-1234-9161) (034-034-1234-9180) (034-034-1234-9176) (034-034-1234-9260) (034-034-1234-9261) (034-034-1234-9281) (034-034-1234-9282) 8,404.00 638.00 2,330.00 1,850.00 3,084.00 6,550.00 570.00 31,479.00 20,750.00 2,500.00 420.00 200.00 423.00 500.00 200.00 100.00 600.00 1,378.00 120.00 1,315.00 1,750.00 250.00 500.00 ( 25,693.00) (31,479.00) ( 1,498.00) ( 3,815.00) 14,437.00 162,037.00 24,254.00 37,600.00 374 91) Contributions From Other Localities 92) Title IIA 6% Admin- istration 93) Title IIA 6% Program 94) Contributions From Other Localities 95) FDETC Contri- butions (034-034-1234-9280) $ (034-034-1234-9271) (034-034-1234-9273) (034-034-1234-9280) (034-034-1234-9276) 7,120.00 25,693.00 31,479.00 1,498.00 3,815.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of February, 1992. No. 30888-022492. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Other Infrastructure Roanoke River Flood Reduction - Land Acquisition (1) ............................. Surveying Roanoke River Flood Reduction (2) ...... $19,819,536.00 2,256,517.00 382,073.00 375 1) Appropriations from General Revenue 2) Appropriations from General Revenue (008-056-9619-9003) (008-056-9618-9003) $(143,893.00) 143,893.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th Day of February, 1992. No. 30889-022492. AN ORDINANCE authorizing the execution of Change Order No. 3 to the contract with T. P. Parker and Son to provide surveying services in connection with the Roanoke River Flood Reduction 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 hereby authorized, for and on behalf of the City, to execute and attest, respectively, Change Order No. 3 to the contract with T. P. Parker and Son for the provision by such firm of surveying services in connection with the Roanoke River Flood Reduction Project, as more particularly set forth in the February 24, 1992, report of the City Manager to this Council. 2. Change Order No. 3 authorized by this ordinance shall provide for the following additions in the work to be performed: CONTRACT AMOUNT INCLUDING CONTINGENCY AND CHANGE ORDER NO..1 AND CHANGE ORDER NO. 2 $232,199.41 CHANGE ORDER NO. 3 Right of way changes Federal Real Estate Requirements $ 88,893.00 $ 45,000.00 376 Additional Right of way changes not to exceed TOTAL of Change Order No. 3 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 3 $ 10~000.00 $143,893.00 $376,092.41 3. The form of the Change Order with such firm shall be approved by the City Attorney. 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: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of February, 1992. No. 30890-022492. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges 2nd Street/Gainsboro/Wells Avenue (1-2) ........... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (3) ........ $ 8,049,765.00 4,328,432.00 8,234,105.00 393,942.00 377 Revenue Due from State - 2nd Street (4) .................. $ 2,430,850.00 1) Appropriations from Bonds (008-052-9547-9001) $ 2) Appropriations from State (008-052-9547-9007) 3) Streets and Bridges (008-052-9603-9181) 4) Due from State 2nd Street (008-1233) 680.00 34,000.00 ( 680.00) 34,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ a~~ City Clerk M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th Day of February, 1992. No. 30891-022492. A RESOLUTION authorizing the execution of a contract with HDH Technical, Inc. to provide asbestos surveys and to prepare technical specifications for removal of asbestos materials in 19 structures for Second Street/Gainsboro Road Project, 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, an agreement with HDH Technical, Inc. to provide asbestos surveys and to prepare technical specifications for removal of asbestos materials in 19 structures for Second Street/Gainsboro Road Project, as more particularly set forth in the February 24, 1992, report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $34,000.00. 378 3. The form of the contract with such firm shall be approved by the City Attorney. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd Day of March, 1992. No. 30892-030292. A RESOLUTION authorizing the City Manager to extend full benefits of participation in the City's Classification and Pay Plans to the Clerk of Circuit Court and his deputies and employees upon execution by such Clerk of a written agreement between the City and the Clerk, relating to the Clerk's compliance with certain City ordinances, policies and procedures. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement between the City and the Clerk of Circuit Court providing that, in consideration for participation in the City's Classification and Pay Plans and other City benefits, such Clerk and his deputies and employees shall comply with Article III, Officers and Employees Generally, and Article IV, Personnel Manaqement and Practices, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, all Personnel Operating Procedures, all personnel regulations heretofore or hereafter promulgated by the City Manager and the Grievance Procedure and Affirmative Action Plan, as amended, of the City. 2. That the term of such agreement shall be indefinite continuing until terminated by written notice of the City or of the Clerk of Circuit Court or upon termination of the term of office of the Clerk of Circuit Court, whichever shall occur sooner. 379 e Attorney. ATTEST: City Clerk The form of such agreement shall be approved by the City APPROVED /Ma~or ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd Day of March, 1992. No. 30893-030292. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 O~DAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Fifth District Employment & Training Consortium - FY93 (1) ............................................... $ 79,793.00 Revenue Fifth District Employment & Training Consortium - FY93 (2) ............................................... $ 79,793.00 1) Funding Authority 2) Title IIA 6% - FY93 (034-054-9362-9990) (034-034-1234-9362) $ 79,793.00 79,793.00 380 BE IT FURTHER ORDAINED that, an emergency existing, this __ Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd Day of March, 1992. No. 30894-030292. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApDropriations Parks, Recreation and Cultural Contributions (1) ............................... Nondepartmental Contingency - General Fund (2) .................. $ 3,969,075.00 848,766.00 12,178,310.00 471,926.00 1) Convention Bureau 2) Contingency (001-002-7220-3702) (001-002-9410-2199) $ 13,465.00 (13,465.00) 381 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED May~r V IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd Day of March, 1992. No. 30895-030292. A RESOLUTION authorizing an amendment to the Administrative Agreement for Virginia Housing Partnership Fund's Local Housing Rehabilitation Loan Program to accept a Supplemental Allocation, 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 are authorized to execute an amendment to the Administrative Agreement with the Department of Housing and Community Development for the Local Housing Rehabilitation Loan Program to provide for the acceptance of the supplemental allocation of $200,000.00, and to execute any other necessary documentation, said documentation to be attested by the City Clerk and approved as to form by the City Attorney, as more particularly set forth in the report to this Council dated March 2, 1992. ATTEST: City Clerk APPROVED 382 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd Day of March, 1992. No. 30896-030292. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General Fund Appropriations, and providing for an emergency. WHEREAS, for the u~ual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural Contributions (1) ............................... Nondepartmental Contingency (2) ................................. $ 3,985,610.00 865,301.00 12,169,360.00 455,391.00 1) Virginia Amateur Sports 2) Contingency (001-002-7220-3719) (001-002-9410-2199) $ 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: City Clerk 383 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of March, 1992. No. 30897-030992. AN ORDINANCE providing for the sale and conveyance of certain City-owned property previously utilized by Valley Metro, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Thor Construction Company to purchase Official Tax Numbers 4110601, 4110602, 4110603, 4110604, 4110605, 4110608, 4110609, 4110610, 4110611, 4110701, 4110711, 4110712, 4110713, 4110801, 4110802, 4110803, 4110406, 4110407, and 4110408 located in the City of Roanoke for the consideration of $210,000.00 upon the terms and conditions set forth in the report to this Council from the City Manager dated March 2, 1992, is hereby accepted with all costs incident to the transfer of title to such land with the exception of the seller's tax to be paid for by the purchasers. 2. The Mayor and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City of Roanoke, an appropriate special warranty deed of conveyance of this property to Thor Construction Company and the City Attorney shall be authorized to tender such deed to the purchasers upon appropriate payment to the City of the $210,000.00 purchase price. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of March, 1992. No. 30898-030992. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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. 384 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Education $18,998,792.00 Chess Program 1991-92 (1-4) 25 000 00 Revenue Education $18,998,792.00 Chess Program 1991-92 (5) ......................... 25,000.00 1) Chess Coordinator (035-060-6988-6202-0121) $ 18,017.00 2) Social Security (035-060-6988-6202-0201) 3) Field Trips (035-060-6988-6202-0583) 4) Supplies (035-060-6988-6202-0614) 5) Contributions (035-060-6988-1103) 1,240.00 3,024.00 2,719.00 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: City Clerk this AP. PROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of March, 1992. No. 30899-030992. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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. 385 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as roi'lows, in part: Appropriations Health and Welfare $ 922,742.00 Emergency Shelter Grant - FY92 (1) ................ 41,000.00 Revenue Health and Welfare 1) 2) $ 922,742.00 41,000.00 APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of March, 1992. No. 30900-030992. A RESOLUTION accepting an offer of certain Emergency Shelter Grant Program funds (ESGP) made to the City by the United States Department of Housing and Urban Development; and authorizing execution of the City's acceptance of the aforesaid grant offer and agreement, on behalf of the City, to comply with the terms and conditions and requirements of said Department pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke as follows: Ordinance shall be in effect from its passage. Emergency Shelter Grant - FY92 (2) ................. Operating Expenditures (035-054-5123-2210) $41,000.00 Federal Grant Receipts (035-035-1234-7110) 41,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this 386 1. The City of Roanoke does hereby accept the offer made to said City by the United States of America, Department of Housing and-- Urban Development, under date of February-12, 1992, of a grant of Federal funds under Subpart B of 1987, 42 U.S.C. 11301 (1988), and other--- provisions of federal laws and regulations, amounting to $41,000 in funding to be used for operation and maintenance of facilities for the Roanoke area homeless population as set out and described in the City's application for said funding made as Grant No. S-92-MC-51-5005 by said Department, upon all of the terms, provisions and conditions therein set out, a copy of the aforesaid offer to which is attached the Grant Agreement and HUD funding approval forms, and the terms, provisions and conditions, upon which said grant is made being on file in the Office of the City Clerk and being expressly incorporated herein by reference. 2. The City Manager, or Assistant City Manager, be and is hereby authorized and directed to execute, for and on behalf of the City, written acceptance of the City on the proper forms, thereby agreeing on behalf of the City, to comply with the terms and conditions of the aforesaid 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. 3. Upon execution of the City's acceptance of said offer and execution of agreement to the terms and conditions incorporated therein, the original and one copy of the aforesaid document shall be forthwith forwarded to the Richmond Area Office of the Department of Housing and Urban Development, together with attested copies of this resolution, and one executed copy shall be retained by the City Clerk, for the City. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of March, 1992. No. 30901-030992. A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Agreement with Total Action Against Poverty in Roanoke Valley, Inc. (TAP), to provide for the extension of a loan of Community Development Block Grant funds for asbestos removal and other improvements to the Henry Street Music Center, upon certain terms and conditions. 387 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, seal and attest, respectively, Amendment No. 1 to the Agreement dated February 9, 1990, and authorized by Ordinance No. 29922, adopted February 5, 1990, with Total Action Against Poverty in Roanoke Valley, Inc. (TAP), which Amendment shall provide for a five-year extension of the loan, at no interest, due and payable at the end of said term, and for TAP to execute a Note and Deed of Trust in favor of the City, as more particularly set forth in the City Manager's report to Council dated March 9, 1992. e Attorney. The form of Amendment No. 1 shall be approved by the City APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of March, 1992. No. 30902-030992. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 1,293,532.00 Federal Investigation Subsidy (1) ................. 584,741.00 388 Revenue Public Safety $ 1,293,532.00 Federal Investigation Subsidy (2) .................. 584,741.00 1) Investigations and Rewards (035-050-3300-2150) $110,329.00 2) Federal Investi- gation Subsidy (035-035-1234-7060) 110,329.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of March, 1992. No. 30904-030992. A RESOLUTION providing for lease of one new full size automobile and one eight passenger window van for use by the Sheriff's Department, upon certain terms and conditions, by accepting a bid made to the City for the lease of such vehicles. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids submitted by Magic City Motor Corporation to lease one (1) new full size automobile at a monthly rental rate of $379.98 per month, and one (1) new eight passenger window van at a monthly rental rate of $439.76, each for a term of 48 months, is hereby ACCEPTED. 389 2. The City's Manager of General Services is hereby authorized and directed to issue any required purchase orders for the lease 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 lease agreements with respect to the aforesaid vehicles, any such agreements to be in such form as shall be approved by the City Attorney. APPROVED ATTEST: ~t~_~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of March, 1992. No. 30905-030992. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General, Civic Center and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General, Civic Center and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations City Council (1) ................................. City Clerk (2) ................................... Office of Management and Budget (3) .............. Economic Development (4) ......................... Grants Compliance (5) ............................ Personnel Lapse (6) .............................. City Attorney (7) ................................ Transfers to Other Funds (8) ..................... Municipal Auditing (9) ........................... Registrar (10) ................................... Treasurer (11) ................................... $ 220,921.00 290,043.00 301,661.00 298,420.00 49,398.00 (165,726.00) 546,067.00 10,658,650.00 416,145.00 184,982.00 701,595.00 390 Commissioner of Revenue (12) ..................... $ 710,741.00 Real Estate Valuation (13) ....................... 684,477.00 Sheriff (14) ..................................... 1,328,482.00 Commonwealth Attorney (15) ....................... 680,063.00 Clerk of Circuit Court (16) ...................... 813,223.00 Director, Administration & Public Safety (17) .... 117,239.00 Risk Management (18) ............................. 389,128.00 Police - Administration (19) ..................... 197,429.00 Police - Investigation (20) ...................... 2,504,223.00 Police - Patrol (21) ............................. 6,409,411.00 Police - Services (22) ........................... 1,354,039.00 Police - Training (23) ........................... 182,059.00 Fire - Administration (24) ....................... 273,486.00 Fire - Technical Services (25) ................... 247,224.00 Fire - Operations (26) ........................... 10,106,165.00 Fire - Training & Safety (27) .................... 104,627.00 Emergency Services (28) .......................... 178,985.00 Animal Control (29) .............................. 250,529.00 Parks Maintenance (30) ........................... 2,924,384.00 Recreation (31) .................................. 1,183,071.00 Director, Public Works (32) ...................... 112,680.00 Building Inspections (33) ........................ 667,790.00 Street Maintenance (34) .......................... 2,492,883.00 Communications (35) .............................. 1,524,630.00 Signals and Alarms (36) .......................... 620,460.00 Recycling (37) ................................... 141,058.00 Custodial Services (38) .......................... 870,892.00 Engineering (39) ................................. 1,198,919.00 Building Maintenance (40)...; .................... 3,083,384.00 Community Planning (41) .......................... 383,702.00 Director, Human Resources (42) ................... 125,154.00 Law Library (43) ................................. 168,161.00 Outreach Detention (44) .......................... 159,770.00 Social Services - Administration (45) ............ 430,059.00 Social Services - Income Maintenance (46) ........ 3,640,846.00 Social Services - Services (47) .................. 6,859,652.00 Social Services - Employment Services (48) ....... 863,285.00 Libraries (49) ................................... 1,858,329.00 Director, Utilities and Operations (50) .......... 126,272.00 Circuit Court (51) ............................... 149,093.00 Revenue Commonwealth Attorney (52) ....................... $ Sheriff (53) ..................................... Commissioner of Revenue (54) ..................... Treasurer (55) ................................... General Administration (56) ...................... Employment Services (57) ......................... Director of Social Services-Administration (58).. 469,245.00 1,038,480.00 198,260.00 245,884.00 2,049,068.00 557,392.00 1,851,202.00 391 Civic Center Fund Appropriations Civic Center-Operating (59) ...................... $ Revenue Operating Supplement-General Fund (60) ........... $ Internal Service Fund Appropriations Management Services (61) ......................... $ Personnel Lapse (62) ..... City Information Systems i~ii]]]]]]]iiii]]]]]]]] Materials Control (64) ........................... Fleet Maintenance (65) ........................... Utility Line Services (66) ....................... 1) Regular Employee Salaries 2) Regular Employee Salaries 3) Regular Employee Salaries 4) Regular Employee Salaries 5) Regular Employee Salaries 6) Salary Lapse 7) Regular Employee Salaries 8) Transfers to Civic Center Fund 9) Regular Employee Salaries 10) Regular Employee Salaries 11) Regular Employee Salaries 12) Regular Employee Salaries 13) Regular Employee Salaries 14) Regular Employee Salaries 15) Regular Employee Salaries (001-001-1110-1002 (001-001-1120-1002 (001-002-1212-1002 (001-002-8120-1002 (001-002-8123-1002 (001-002-9410-1090 (001-003-1220-1002 ) $ 539.00 ) ( 3,648.00) ) ( 105.00) ) 243.00 ) 25.OO ) 404,014.00 ) 2,597.00 (001-004-9310-9505) (20,234.00) (001-005-1240-1002) 267.00 (001-010-1310-1002) 76.00 (001-020-1234-1002) ( 2,295.00) (001-022-1233-1002) ( 1,376.00) (001-023-1235-1002) (23,228.00) (001-024-2140-1002) ( 3,760.00) (001-026-2210-1002) ( 651.00) 1,518,035.00 695,821.00 463,426.00 21,034.00) 2,162,871.00 211,953.00 1,891,839.00 2,694,803.00 392 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 26) Regular Employee Salaries 27) Regular Employee Salaries 28) Regular Employee Salaries 29) Regular Employee Salaries 30) Regular Employee Salaries 31) Regular Employee Salaries 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 (001-028-2111-1002)$ ( 34,690.00) (001-050-1260-1002) (001-050-1262-1002) (001-050-3111-1002) (001-050-3112-1002) (001-050-3113-1002) (001-050-3114-1002) (001-050-3115-1002) (001-050-3211-1002) (001-050-3212-1002) (001-050-3213-1002) (001-050-3214-1002) (001-050-3520-1002) (001-050-3530-1002) (001-050-4340-1002) (001-050-7110-1002) (001-052-1280-1002) (001-052-3410-1002) (001-052-4110-1002) (001-052-4130-1002) (001-052-4160-1002) (001-052-4211-1002) (001-052-4220-1002) (001-052-4310-1002) (001-052-4330-1002) 52.00 260.00 1,335.00 (178,329.00) 244,308.00 ( 26,242.00) ( 9,544.00) ( 18,265.00) 610.00 (46,347.00) (14,689.00) 1,813.00 472.00 ( 61,989.00) (46,737.00) 53.00 ( 1,818.00) ( 29,571.00) ( 4,626.00) ( 33,916.00) (27,261.00) (15,918.00) ( 16,457.00) (15,596.00) 393 41) 42) 43) 44) 45) 46) 47) 48) 49) 50) 51) 52) 53) 54) 55) 56) 57) 58) 59) 60) 61) 62) 63) 64) 65) 66) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Commonwealth's Attorney Sheriff Commissioner of Revenue Treasurer General Admtn. Employment Services Dir. of Social Services - Administration Regular Employee Salaries Operating Supplement - General Fund Regular Employee Salaries Salary Lapse Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-052-8110-1002) $ (001-054-1270-1002) (001-054-2150-1002) (001-054-3330-1002) (001-054-5311-1002) (001-054-5313-1002) (001-054-5314-1002) (001-054-5316-1002) (001-054-7310-1002) (001-056-1250-1002) (001-072-2110-1002) (001-020-1234-0610) (001-020-1234-0611) (001-020-1234-0612) (001-020-1234-0613) (001-020-1234-0676) (001-020-1234-0681) (001-020-1234-0685) (005-050-2105-1002) (005-020-1234-0951) (006-002-1617-1002) (006-002-9411-1090) (006-050-1601-1002) (006-050-1613-1002) (006-052-2641-1002) (006-056-2625-1002) 662.00 189.00 94.00 77.00 ( 9,869.00) ( 50,469.00) (10,970.00) 4,988.00 ( 13,059.00) 326.00 355.OO ( 651.00) ( 3,760.00) ( 688.oo) ( 1,147.00) (44,480.00) 4,514.00 (12,092.00) (20,234.00) (20,234.00) 148.00 28,599.00 1,200.00 239.00 ( 70.00) (30,116.00) 394 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of March, 1992. No. 30906-030992. A RESOLUTION amending Resolution No. 30879-021092, electing and appointing Willard N. Claytor as Director of Real Estate Valuation, such amendment changing the effective date of Mr. Claytor's election appointment from April 1, 1992, to March 23, 1992. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Paragraph 1 of Resolution No. 30879-021092, is hereby amended to provide that Willard N. Claytor shall be elected and appointed as Director of Real Estate Valuation for the City of Roanoke effective March 23, 1992. 2. Paragraphs 2, 3, 4 and 5 of Resolution No. 30879-021092 shall be unaffected by the amendment to Paragraph 1 and remain in full force and effect. APPROVED ATTEST: City Clerk Mayor 395 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 1992. No. 30903-031692. AN ORDINANCE providing for the relinquishment by the Commonwealth of Virginia of certain premises in the Commonwealth Building leased from the City and authorizing the lease of such premises to the United States of America upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, an amendment to the lease agreement with the Commonwealth of Virginia to provide for the relinquishment by the lessee of all its currently leased space on the second floor of the Commonwealth Building as more particularly set forth,in the report by the City Manger to this Council dated March 9, 1992. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, an amendment to the lease agreement with the United States of America to provide for the addition of all leasable space on the second floor of the Commonwealth Building previously released by the Commonwealth of Virginia as described above upon terms and conditions deemed acceptable to the City and as more particularly set forth in the report by the City Manager to this Council dated March 9, 1992. ATTEST: ~~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 1992. No. 30907-031692. AN ORDINANCE authorizing a certain real estate option to be entered into in connection with the Home Purchase Assistance Program; and providing for an emergency. 396 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager be, and he is hereby authorized, for and on behalf of the City to execute a Real Estate Option on real estate located at 1819 Melrose Avenue, N. W., currently owned by Roy R. Pollard, Jr., as more particularly set out in and attached to the City Manager's report to Council dated March 16, 1992, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Option by the City Attorney, and upon such other terms and conditions as are provided therein. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th Day of March, 1992. No. 30908-031692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works '. Communications (1) ............................ /' · Non-Departmental Contingency - General Fund (2) .................. $19,727,057.00 1,577,712.00 $12,128,319.00 421,935.00 397 1) Telephone 2) Contingency (001-052-4i30-2020) (001-002-9410-2199) $ 48,456.00 (48,456.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 1992. No. 30909-031692. 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 in receiving funds from VDOT for street maintenance purposes; WHEREAS, inventory additions and deletions are required to be submitted to VDOT prior to April 1, 1992, 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 and deletions 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 March 16, 1992. ATTEST: City Clerk APPROVED Mayor 398 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 1992. No. 30910-031692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Public Safety Police Patrol (1) ................................. Health and Welfare Social Services - Services (2) .................... Parks, Recreation and Cultural Recreation (3) .................................... Fund Balance $29,545,680.00 6,411,068.00 15,073,448.00 6,902,736.00 3,966,315.00 1,243,528.00 Capital Maintenance and Equipment Replacement Program - City - Unappropriated (4)... $ 225,388.00 1) Vehicular Equipment 2) Vehicular Equipment 3) Vehicular Equipment 4) CMERP-City- Unappropriated (001-3323) (001-054-5314-9010) (001-050-7110-9010) (001-050-3113-9010) $ 245,965.00 32,114.00 10,705.00 (288,784.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 399 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 1992. No. 30911-031692. A RESOLUTION accepting bids for certain vehicular equipment and rejecting certain other bids for such equipment. 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 prices set out with each item: Item Quantity & Description Successful Purchase Number Bidder Price i 14 - New Police Patrol Berglund $181,736.52 Cars Chevrolet 2 10 - Intermediate Size Dominion Car $107,047.40 Sedan Automobiles Company 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's specifications, the respective bids made therefor and in accordance with this ordinance, as more particularly set out in a report to this Council dated March 16, 1992. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. APPROVED ATTEST: City Clerk 40O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 1992. No. 30912-031692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges Curb, Gutter and Sidewalks - Phase VI (1) ........... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (2) .......... 8,335,327.00 247,189.00 7,976,163.00 146,000.00 1) Appropriations from Bonds 2) Streets and Bridges (008-052-9580-9001) $ 247,189.00 (008-052-9603-9181) (247,189.00) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this APPROVED ATTEST: City Clerk Mayo~ U 401 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 1992. No. 30913-031692. AN ORDINANCE accepting the bid of S. R. Draper Paving Company, for construction of downtown concrete sidewalks, entrances, curb and gutter improvements at various locations in the City, and awarding a unit price 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of S. R. Draper Paving Company, made to the City in the total amount of $233,622.00, for construction of downtown concrete sidewalks, entrances, curb and gutter improvements at various locations in the City, as more particularly set forth in the March 16, 1992 report of the City Manager to this Council, such bid being in full compliance with the City's plan9 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, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, 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: City Clerk 4O2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 1992. No. 30914-031692. A RESOLUTION authorizing the appropriate City officials to pursue a claim against the County of Roanoke for delinquent charges for surplus bulk water purchased by the County pursuant to the 1979 water contract. WHEREAS, pursuant to the provisions of the August 13, 1979, contract between the City and Roanoke County, the City submitted its usual and customary billing letter dated October 14, 1991, to Roanoke County in the amount of $320,353.39 for appropriate charges related to the purchase by the County of surplus bulk water; and WHEREAS, the City's request for payment is based upon and authorized by the specific language in the contract and is consistent with prior billings which have been paid without protest by the County since 1979; and WHEREAS, despite repeated requests by the City and numerous opportunities afforded to the County to discuss the basis for the County's refusal to make payment under the contract, no reasonable explanation or payment has been forthcoming. -- THEREFORE, BE IT RESOLVED by the Council of the City of ~ Roanoke that the City Manager, the City Attorney, and any other City-- officials are hereby authorized to take any and all action necessary and appropriate to collect any delinquent charges owed to the City by Roanoke County, such actions to include, without limitation, submittal of the City's claim to the Roanoke County Board of Supervisors and, if necessary, filing suit in the appropriate court on behalf of the City against the County. APPROVED ATTEST: City Clerk 4O3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30915-032392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Chapter I Pre-K Expansion Program (1-18) ............ Special Education Interpreter Training (19) ......... Preschool Incentive Program 1992 (20) ............... Adult Basic Education 91-92 (21) .................... Environmental Education Grant (22) .................. $19,029,218.00 45,000.00 2,395.00 95,654.00 153,327.00 750.00 Revenue Education Chapter I Pre-K Expansion Program (23) .......... Special Education Interpreter Training (24) ..... Preschool Incentive Program 1992 (25) ........... Adult Basic Education 91-92 (26) ................ Environmental Education Grant (27) .............. $19,029,218.00 .... 45,000.00 .... 2,395.00 .... 95,654.00 .... 153,327.00 .... 750.00 1) Teachers 2) Aides 3) Social Security 4) Retirement 5) Health Insurance 6) Life Insurance 7) Inservice Training 8) Postage 9) Telecommuni- cations 10) Insurance 11) Inservice Travel 12) Field Trips (035-060-6134-6000-0121) $17,616.00 (035-060-6134-6000-0141) 6,852.00 (035-060-6134-6000-0201) 1,872.00 (035-060-6134-6000-0202) 2,492.00 (035-060-6134-6000-0204) 3,985.00 (035-060-6134-6000-0205) 159.00 (035-060-6134-6200-0129) 2,435.00 (035-060-6134-6200-0521) 6.00 (035-060-6134-6200-0523) 15.00 (035-060-6134-6200-0538) 5.00 (035-060-6134-6200-0554) 200.00 (035-060-6134-6200-0583) 95.00 404 13) Parent Involvement 14) Food 15) Instructional Supplies 16) Miscellaneous Supplies 17) Inservice Supplies 18) Other Equipment 19) Instructional Materials 20) Diagnostic Services 21) Teachers 22) Instructional Supplies 23) Federal Grant Receipts 24) Federal Grant Receipts 25) Federal Grant Receipts 26) Federal Grant Receipts 27) Donations (035-060-6134-6200-0585) (035-060-6134-6200-0602) (035-060-6134-6200-0614) (035-060-6134-6200-0615) (035-060-¢134-6200-0617) (035-060-6134-6200-0821) (035-060-6500-6174-0614) (035-060-6599-6553-0311) (035-060-6747-6450-0121) (035-060-6989-6200-0614) (035-060-6134-1102) (035-060-6500-1102) (035-060-6599-1102) (035-060-6747-1102) (035-060-6989-1103) $ 45,00 137.00 735.00 6,746.00 520.00 1,085.00 2,395.00 4,901.00 2,380.00 750.00 45,000.00 2,395.00 4,901.00 2,380.00 750.00 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30916-032392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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. 405 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Crystal Spring Elementary Play Equipment (1) ..... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (2) ....... $ 10,675,833.00 10,000.00 8,213,352.00 383,189.00 1) Appropriations from Bonds 2) Parks (008-052-9547-9001) $ (008-052-9603-9180) 10,000.00 ( 10,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~6t/~/~--- City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30917-032392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY90-91 Drug and Alcohol Abuse Council (1-2) ............... $ 2,204,031.00 40,000.00 406 1) Fees for Profes- sional Services 2) Temporary Employee Wages (035-090-9039-2010) (035-090-9039-1004) $ 8,000.00 (8,000.00) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. APPROVED ~ City Clerk this IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30918-032392. A RESOLUTION authorizing the City Manager to enter into contract with the Roanoke Valley Trouble Center, Inc. ("TRUST") continue its provision of coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that 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, the requisite contract, with the Roanoke Valley Trouble Center, Inc. ("TRUST") to continue its provision of coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council, through June 30, 1992, with an option to continue said assistance for an additional twelve (12) months upon the mutual agreement of both parties, such services being more particularly set forth in report of the City Manager dated March 23, 1992, said contract shall be in form approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor 407 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30919-032392. A RESOLUTION encouraging the continuance of the Commonwealth Games of Virginia in the Roanoke Valley. WHEREAS, the governing bodies of the Roanoke Valley are interested in the economic well being of the Valley's citizenry and the community at large; and WHEREAS, the Commonwealth of Virginia has encouraged Southwestern Virginia to initiate its own means of economic development; and WHEREAS, VirginiaAmateur Sports, Inc., has created a festival of games (named the Commonwealth Games of Virginia), which has been sanctioned by the National Congress of State Games with the endorsement of the Governor of the Commonwealth of Virginia; and WHEREAS, Virginia Amateur Sports, Inc. has been the solely designated group to organize and conduct the Commonwealth Games of Virginia; and WHEREAS, the Commonwealth Games of Virginia brings approximately 4.5 million dollars in economic impact to the Roanoke Valley and surrounding areas, while serving for thousands of young people as a wholesome and productive means of using leisure time, NOW, THEREFORE, BE IT RESOLVED that: 1. This Council encourages the Valley's state legislators to support our efforts to continue the Commonwealth Games of Virginia in Roanoke, and that this program of wholesome sports and economic development initiated by our community remain in our community; and 2. The Mayor is authorized to execute the appropriate documents with other Valley jurisdictions, evidencing City support for the Commonwealth Games continuing in Roanoke; and 3. The City Clerk is directed to forward attested copies of this resolution to The Honorable L. Douglas Wilder, Governor, Commonwealth of Virginia, The Honorable J. Brandon Bell, Member, Senate 4O8 of Virginia, The Honorable C. Richard Cranwell, Member, House of Delegates, The Honorable A. Victor Thomas, Member, House of Delegates,.-- and The Honorable Clifton A. Woodrum, Member, House of Delegates. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30920-032392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital and General Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal__ Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of- Roanoke that certain sections of the 1991-92 Capital and General Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Fund ADDroDriations Traffic Engineering Traffic Signals - Underground (1) .................. Traffic Signals - General (2) ...................... Streets and Bridges School Speed Limit Flashers (3) .................... $ 1,331,736.00 65,310.00 614,696.00 8,086,956.00 14,818.00 General Fund ADDropriations Public Works Street Paving (4) ................................. Non-departmental Transfer to Other Funds (5) ....................... $19,657,766.00 1,418,603.00 11,727,804.00 10,700,304.00 409 1) Appropriation From General Revenue 2) Appropriation From General Revenue 3) Appropriation From General Revenue 4) Fees for Professional Services 5) Transfer to Capital (008-052-9571-9003) (008-052-9560-9003) (008-052-9668-9003) (001-052-4120-2010) Projects Fund (001-004-9310-9508) $ 65,310.00 (42,708.00) ( 1,182.00) $(21,420.00) 21,420.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~0~J~-- City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30921-032392. AN ORDINANCE accepting the bid of Contracting Enterprises, Incorporated for certain traffic signal and fire alarm work, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Contracting Enterprises, Incorporated made to the City in the total amount of $65,310.00, calculated on a unit price basis, for certain traffic signal and fire alarm work including repairing, rebuilding, or providing additional installations, 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 410 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. 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: ~d~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30922-032392. A RESOLUTION confirming no appropriation or allocation by the City of sufficient funds for the continuation of the former lease by the City of the premises at 712 Patterson Avenue, S. W., from Craig J. Putziger. BE IT RESOLVED by the Council of the City of Roanoke that there has been no appropriation or allocation and there is no appropriation or allocation by the City of sufficient funds for the purpose of continuation beyond November 15, 1991, of the former lease by 411 the City of the premises located in the City of Roanoke at 712 Patterson Avenue, S. W., from Craig J. Putziger pursuant to the agreement dated March 15, 1990, as more partibularly set forth in the report by the Director of Finance to this Council dated March 23, 1992. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30923-032392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Sanitation $ 2,240,162.00 Luck Avenue Storm Drain (1-2) ....................... 1,338,181.00 Capital Improvement Reserve 7,033,161.00 Capital Improvement Reserve (3) ..................... 325,957.00 Public Improvement Bonds - Series 1992A (4) ......... 6,314,015.00 1) Appropriations from Bond Funds 2) Appropriations from General Revenue 3) Storm Drains 4) Storm Drains (008-052-9659-9001) (008-052-9659-9003) (008-052-9575-9176) (008-052-9700-9176) $ 797,010.00 393,181.00 ( 393,181.00) ( 797,010.00) 412 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30924-032392. AN ORDINANCE accepting the bid of Aaron J. Conner General Contractor, Inc., for construction of the Luck Avenue storm drain project, 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~ and providing for an emergency. follows: BE IT ORDAINED by the Council of the City of Roanoke as__ 1. The bid of Aaron J. Conner General Contractor, Inc., made-- to the City in the total amount of $1,108,998.60, for construction of the Luck Avenue storm drain project, as more particularly set forth in the March 23, 1992 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 Manage~ or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, 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. 413 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: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30925-032392. A RESOLUTION approving the City Manager's issuance of Change Order No. 1 to the City's contract with Lumsden Associates, P.C., for the engineering services in connection with the Luck Avenue Storm Drain Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Lumsden Associates, P.C., related to engineering services in connection with the Luck Avenue Storm Drain Project. 2. Such Change Order shall provide for additional engineering services required for redesign and rebidding of the project and shall be in the amount of $25,192.82, with the total contract amount with this Change Order to be $173,182.82. /'~'"Cit~y Clerk APPROVED 414 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30926-032392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApDroDriations Public Works Building Maintenance (1) ........................ $19,701,101.00 3,168,205.00 Non-departmental Contingency - General Fund (2) .................. $12,154,275.00 447,891.00 1) Maintenance 3rd Party Contract 2) Maintenance of Fixed Assets Contingency (001-052-4330-3056) (001-002-9410-2201) 22,500.00 (22,500.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 415 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd Day of March, 1992. No. 30927-032392. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated for any needed repairs and replacement of one of the masonry walls of Victory Stadium, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Construction Services of Roanoke, Incorporated made to the City in the total amount of $21,200.00 for any needed repairs and replacement of the masonry wall on the West stands - South side of Victory Stadium, 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 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. ATTE ST: ~d-~ City Clerk APPROVED 416 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of March, 1992. No. 30928-032392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Risk Management (1) ............................... $28,396,886.00 469,128.00 Fund Balance Reserved for Self Insurance Claims (2) ............... $ 1,216,770.00 1) Self Insurance Liability Claims 2) Reserved for Self Insurance Claims (001-059-1262-2172) (001-3326) $ 80,000.00 (80,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor~~ 417 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30930-040692. AN ORDINANCE approving the loan of Community Development Block Grant (CDBG) funds to an individual in connection with the City's Home Purchase Assistance Program, authorizing the City Manager to execute documents approved as to form by the City Attorney necessary to implement and administer the loans, including a Construction Disbursement Agreement, authorizing the City Attorney and Director of Finance to serve as trustees with regard to the related deed of trust securing the notes for the loan, authorizing the City Manager to execute a certificate of satisfaction upon full payment and satisfaction of the loans, and authorizing recordation by the City Attorney of the certificate of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke; and providing for an emergency. WHEREAS, Council has previously approved the concept of the Home Purchase Assistance Program in which the City will provide loans for purchase, closing costs and additional property rehabilitation from CDBG funds to low-moderate income households agreeing to buy and repair certain identified substandard housing, contingent upon approval by the Virginia Housing Development Authority (VHDA) of State rehabilitation loans. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to loan CDBG funds in connection with the City's Home Purchase Assistance Program to the individual identified in the City Manager's report dated April 6, 1992, upon the terms and conditions set forth therein. 2. The City Manager is hereby authorized for and on behalf of the City to execute documents approved as to form by the City Attorney necessary to implement and administer the loan, including a Construction Disbursement Agreement, in connection with the Home Purchase Assistance Program loans to be made to Cornell Jones, which loan amount shall not exceed $20,000.00 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 1912 Melrose Avenue, N. W., in accordance with the recommendations contained in the City Manager's report of April 6, 1992. 3. To secure payment of the loan of CDBG funds made under the Home Purchase Assistance Program and performance by the loan recipients, the recipients shall execute a deed of trust and deed of trust note, which document shall be approved as to form by the City Attorney. 418 4. Wilburn C. Dtbling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance (hereinafter "Trustees"), are hereby-- authorized to serve as Trustees for and on behalf of the City as beneficiary 5. Pursuant to S26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason whatsoever to appoint a substitute trustee or trustees. 6. Upon payment or full satisfaction of the debt secured by the deed of trust and delivery of the canceled deed of trust note to the person or persons by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of Circuit Court of the City of Roanoke. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST Citify Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30931-040692. A RESOLUTION endorsing participation by the City in the Virginia Tourism Accreditation Program and designating the Roanoke Valley Convention and Visitor Bureau as the City's representative for the purpose of participating in this program. WHEREAS, the City Council of the City of Roanoke is interested in the economic well-being of its citizenry and the community at large; WHEREAS, the City Council is prepared to support appropriate efforts within the community to become totally prepared to promote tourism and related economic development; WHEREAS, the Virginia Department of Economic Development, through its Tourism Development Group, is offering a program which is specifically designed to assist Virginia communities to become better prepared for tourism and related economic development; and 419 WHEREAS, this program is entitled the VIRGINIA TOURISM ACCREDITATION PROGRAM. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Our community, the City of Roanoke, wishes to participate in the VIRGINIA TOURISM ACCREDITATION PROGRAM, and the leadership of this community is fully cognizant that the aforesaid program requires dedicated effort. 2. By entering the aforesaid program, the City of Roanoke pledges its best and honest efforts to achieve designation as a Virginia "Accredited" community. 3. The City Council recognizes that the aforesaid program requires either the existence or formation of a tourism promotion organization which will be charged with the responsibility of completing the requirements of the aforesaid program, and the City Council hereby designates the Roanoke Valley Convention and Visitor Bureau as representing this community for the purpose of participating in this program. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30932-040692. A RESOLUTION approving the establishment of a mapping service, and amending the City's Fee Compendium to establish a fee of seven hundred and fifty-seven dollars ($757.00) for processing a request for the preparation of a map of a site within the City. follows: BE IT RESOLVED by the Council of the City of Roanoke as 1. This Council hereby approves the establishment of a mapping service, more particularly described in the City Manager's report of April 6, 1992, whereby the City Engineering Department will 420 cause a map of a site within the City to be prepared upon request for a charge of actual cost of preparation plus the mapping service fee-- established herein. 2. The charge by the City for processing any request for the preparation of a map of a site within the City shall be actual cost of preparation plus seven hundred and fifty-seven dollars ($757.00). 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 30789-111891, adopted November 18, 1991, effective as of that date, shall be amended to reflect the new charge established by this Resolution for processing a request. 4. Resolution No. 30789-111891 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 5. The fee established by this Resolution shall remain in effect until amended by this Council. 6. This Resolution shall be in full force and effect immediately. - City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30933-040692. A RESOLUTION authorizing the City's participation in C & P Telephone Company's Centrex CustoFLEX Plan, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, appropriate documentation, in form approved by the City Attorney, for the City to subscribe to the C & P Telephone Company's Centrex CustoFLEX Plan for an initial twelve (12) month period, with the City Manager being granted the authority to extend the agreement for an additional twelve (12) month period, said vendor being the sole source 421 practically available for such service, upon such terms and conditions as are deemed to be in the City's best interest, and as more particularly set forth in the report to this Council dated April 6, 1992. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30934-040692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 12,461,909.00 Transfers to Other Funds (1) .......... 10,694,144.00 Fund Balance Capital Maintenance Equipment and Replacement Program - City Unappropriated (2) ....... $ 205,388.00 Revenue USDA - Crisis Intervention (3) .......... $ 30,241.00 422 Capital Fund ADDroDriations General Government Crisis Intervention Center (4) 5,641,174.00 617,678.00 1) Transfer to Capital Fund 2) CMERP - City Unappropriated 3) USDA - Crisis 4) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (001-020-1234-0661) (008-052-9637-9003) $ 35,494.00 (20,000.00) 15,494.00 35,494.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be In effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30935-040692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordaIned to read as follows, in part: ADDroDriations Health and Welfare Income Maintenance (1) ............. Social Services - Services (2) ......... Nondepartmental .................. Contingency - General Fund (3) ......... 15,007,128.00 3,550,846.00 6,981,766.00 12,414,909.00 728,759.00-' 423 Revenue Grants-in-Aid Commonwealth Welfare (4-5) .................. $ 53,290,642.00 9,270,346.00 1) Auxiliary Grant Program 2) Foster Care Services 3) Contingency 4) Foster Care 5) Aged, Blind, Disabled (001-054-5313-3120) $ (001-054-5314-3141) (001-002-9410-2199) (001-020-1234-0675) (001-020-1234-0670) (90,000.00) 90,000.00 (27,000.00) 45,000.00 (72,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30936-040692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Safety Jail (1) .................... Nondepartmental Transfers to Other Funds (2) .......... 29,299,061.00 3,926,915.00 12,641,909.00 10,858,650.00 424 Capital Fund ADDropriations General Government City Jail - 2nd Floor Pod (3-4) 11,347,716.00 450,000.00 Revenue Accounts Receivable - U.S. Dept. of Justice (5) . $ 250,000.00 1) Recovered Cost 2) Transfers to Capital 3) Appropriated from General Revenue 4) Appropriated from Third Party 5) U.S. Dept. of Justice-Jail (001-024-3310-8005) (001-004-9310-9508) (008-052-9681-9003) (008-052-9681-9004) (008-1287) $(200,000.00) 200,000.00 200,000.00 250,000.00 250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED this IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30937-040692. A RESOLUTION authorizing the execution of a contract with Hayes, Seay, Mattern & Mattern, Inc., to provide certain engineering services, specifically design development, construction documents, construction administration and project inspections for the completion of the second floor cell pod in the Roanoke City Jail. BE IT RESOLVED by the Council of the City of Roanoke that: 425 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 Hayes, Seay, Mattern & Mattern, Inc. for the provision by such firm of engineering services for completion of the second floor cell pod in the Roanoke City Jail, as more particularly set forth in the April 6, 1992 report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall be in an amount of $60,700.00. 3. The form of the contract with such firm shall be approved by the City Attorney. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30938-040692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Internal Service Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApDropriations Utility Line Services $ 2,730,772.00 Capital Outlay (1) ............... 260,512.00 426 Retained Earnings Retained Earnings - Unrestricted (2) 1) Other Equipment (006-056-2625-9015) 2) Retained Earnings - Unrestricted (006-3336) 35,969.00 (35,969.00) $ 2,749,511.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30939-040692. A RESOLUTION accepting a bid made to the City for furnishing and delivering one rubber tired loader/backhoe; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The low bid of Baker Brothers, Inc., made to the City, offering to furnish one rubber tired loader/backhoe, meeting all of the City's specifications and requirements therefore, for the total bid price of $35,969.00, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized to issue the requisite purchase order therefore, 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 April 6, 1992. 427 3. Any and all other bids made to the City for the aforesaid equipment are hereby REJECTED; and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for each bid. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30940-040692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $ 19,600,176.00 Refuse Collection (1-2) ............. 4,267,409.00 Nondepartmental 12,364,041.00 Contingency - General Fund (3) ......... 677,891.00 1) Vehicular Equipment (001-052-4210-9010) 2) Other Equipment (001-052-4210-9015) 3) Equipment Replace- ment Contingency (001-002-9410-2202) $ 123,616.00 2,708.00 (126,324.00) 428 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30941-040692. A RESOLUTION accepting bids for certain vehicular equipment and rejecting certain other bids for such equipment. 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 prices set out with each item: Item Successful Purchase Number Quantity & Description Bidder Price 1 1 - New Cab/Chassis for McCormack $ 46,712.20 20 cu.yd. Packer International Body Trucks 2 1 - New 20 cu.yd. Mid-State $ 20,220.00 Packer Body Equipment Co., Inc. 1 - New Cab/Chassis for Bulky Refuse Body Sanco/Division $ 32,856.00 of the Hell 4 1 - New Bulky Item Cavalier $ 23,828.00 Refuse Body Equipment Co., Inc. 2. The City's Manager of General Services is hereby authorized to issue the requisite purchase orders for the above- mentioned items, said purchase orders to be made and filled in 429 accordance with the City's specifications, the respective bids made therefor and this measure, as more particularly set out in a report to this Council dated March 16, 1992. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30942-040692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Public Safety $ 29,513,261.00 Fire Operations (1) ............... 10,120,365.00 Fund Balance Capital Maintenance & Equipment Replacement Program - City Unappropriated (2) ........ 1) Other Equipment (001-050-3213-9015) $ 14,200.00 2) CMERP - City (001-3323) (14,200.00) 211,188.00 43O BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30943-040692. A RESOLUTION accepting the bid of Chief's Fire and Rescue, Inc. to provide a hazardous material vehicle to the City, upon certain terms and conditions and rejecting all other bids made to the City for such vehicle. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Chief's Fire and Rescue, Inc. made to the City in the total amount of $136,096.00 for providing a hazardous material__ vehicle to the City, such bid being in full compliance with the City's plans and specifications made therefore as modified through negotiations between the City and the bidder in accordance with S23.1-14.C., Code of-- the City of Roanoke (1979), as amended, as more full set forth in the report of the City Manager dated April 6, 1992, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City's Manager of General Services is authorized to issue the requisite purchase order for the above-mentioned vehicle, said purchase order to be made and filed in accordance with the City's specifications, the bid made therefor and in accordance with this ordinance. 3. Any and all other bids made to the City for the aforementioned vehicle are hereby REJECTED, and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for such bid. Citify Clerk APPROVED 431 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30945-040692. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by amending S6-22, Definitions, of Division 1, Generally, of Article II, Dogs Generally, of Chapter 6, Animals and Fowl; amending S6-42.1. License fee imposed, of Division 2, License, of Article II, Dogs Generally, of Chapter 6, Animals and Fowl; and adding a new Division 3, Dangerous and Vicious Dogs, to Article II, Dogs Generally, of Chapter 6, Animals and Fowl; the amended and added sections providing definitions, establishing a procedure for declaring a dog to be dangerous or vicious, requiring a special license for a dangerous dog and establishing a fee therefor, establishing conditions for the keeping of a dangerous dog, providing for disposition of a vicious dog, setting penalties for violations and providing for exceptions; and repealing ~6- 27, Vicious dogs, of Division 1, Generally, of Article II, Dogs Generally, of Chapter 6, Animals and Fowl, and providing for an emergency. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. Section 6-22, Definitions, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: ~6-22. Definitions. The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them in this .section, except where the context clearly indicates a different meaning. Dangerous doq: Any dog: (a) which has caused a wound to any person without provocation on public or private property; (b) which, while off the property of its owner, has killed a domestic animal; (c) which is owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; (d) which, unprovoked, chases or approaches persons upon the streets, sidewalks or any public or private property other than the owner's property in a menacing fashion or apparent attitude of attack; (e) which has a known propensity, tendency or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of human beings or domestic animals; or (f) which has been declared dangerous by any general district court or circuit court of the Commonwealth. 432 Owner: Every person having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his care, or who acts as a custodian of a dog, or who permits a dog to remain on or about any premises occupied by him. In the case of a minor who owns, keeps, harbors or acts as custodian of a dog, the parent or parents or other lawful guardian of such minor shall be deemed to be the owner of the dog. Vicious dog: Any dog which has (1) killed a person; (2) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health or serious impairment of any bodily function; or (3) continued to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog, provided that the owner has been given notice of that finding. Wound: Any physical injury which results in a laceration, puncture wound or broken or fractured bone. 2. Section 6-42.1, License fee imposed, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: S6-42.1. License fee imposed. (a) An annual license fee is hereby imposed on dogs required to be licensed under this division in the following amounts: (8) Any dog declared dangerous by any general district court or circuit court of the Commonwealth (in addition to the applicable fee under (1), (2) or (3) above) ........ $50.00 3. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new Division 3, Dangerous and Vicious Dogs, to Article II, Dogs Generally, of Chapter 6, Animals and Fowl: 433 DIVISION 3. DANGEROUS AND VICIOUS DOGS S6-50. Procedure for declaring dog to be dangerous or vicious; keeping of dangerous dog; destruction of vicious doq. (a) Any animal warden, police officer or other person who has reason to believe that a dog within the City is a dangerous dog or vicious dog may apply to a magistrate of the City for the issuance of a warrant requiring the owner, if known, to appear before a General District Court on a specified date. The animal warden or owner shall confine the dog until such time as evidence shall be heard and a verdict rendered. The court may, through its contempt powers, compel the owner of the dog to produce it. (b) If, after hearing the evidence, the Court finds that the dog is a dangerous dog, the court shall order the dog's owner to comply with the provisions of S6-52 of this Code. If, after hearing the evidence, the Court finds the dog to be a vicious dog, the Court shall order the animal warden to euthanize the dog. ~6-51. Licensure of danqerous doq. (a) The owner of any dog found by a court to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog license from the City Treasurer by paying the fee required by ~6-42.1 of this Code. The City Treasurer shall provide the owner with a uniformly designed tag which identifies the dog as a dangerous dog. The owner shall affix the tag to the dog's collar and ensure that the dog wears collar and tag at all times. All licenses issued pursuant to this section shall be renewed annually as required by ~6-42.1 of this Code. (b) No dangerous dog license shall be issued until the applicant has filed with the City Treasurer the insurance certificate required by ~6-52(c). The Treasurer shall immediately forward such certificate to the City's Risk Manager for review and filing. The Risk Manager shall immediately notify an Animal Warden of any noncompliance with the provisions of S6-52(c) of which the Risk Manager becomes aware. ~6-52. Keeping of danqerous doqs; conditions. It shall be unlawful for any owner of any dangerous dog to own, keep or harbor any such dog within the City except in compliance with each of the following conditions and specifications: 434 (a) Any dangerous dog shall be securely confined indoors or, if kept outdoors, shall be kept in a securely enclosed and locked pen or structure adequate to confine the dog and located upon the premises of the owner of the dog. Any such pen or structure shall have secure sides and a secure top and, if it has no bottom secured to the sides, the sides shall be imbedded into the ground no less than two (2) feet. Such pen or structure shall provide any such dog with adequate space and protection from the elements and shall be kept in a clean and sanitary condition. (b) The owner of any dangerous dog shall display two (2) signs on his property stating= "Dangerous Dog on Premises". One sign shall be posted at the front of the property, and the second sign shall be posted at the rear of the property. Each sign shall be capable of being read from a distance of fifty (50) feet. (c) The owner of any dangerous dog shall procure and maintain public liability insurance in the amount of $50,000.00 insuring the owner for any injury or damage caused by such dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by this subsection at the premises where such dog is kept and shall, upon request, display such policy and certificate to any animal warden or police officer. (d) The owner of any dangerous dog shall have such dog permanently identified by means of a tatoo on an inside thigh, and the owner of any dangerous dog shall provide the animal warden with a color photograph of the dog taken within the last twelve (12) months, suitable for use in identifying the dog. (e) If any dangerous dog is taken off the property of its owner, such dog shall be muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length, and such dog shall at all times be kept under the control of a responsible person. Such muzzle shall be constructed in such a manner that it will prevent the dog from biting any person or animal, but such that it will not cause injury to the dog or interfere with its vision or respiration. (f) The owner of any dangerous dog shall notify the animal warden within twenty-four (24) hours if such dog is loose or missing; if such dog has attacked or wounded a human being or another animal~ or if such dog has been sold, leased, given away, died or custody has been transferred to another person for more than forty-eight (48) hours. If such dog has been sold, leased, given away or custody has been so 435 transferred, the owner shall provide the animal warden with the name, address and telephone number of the new owner, lessee or custodian who shall be required to comply with the conditions of this section if the dog is kept within the City. If the owner of a dangerous dog moves with such dog to a different address, such owner shall notify the animal warden of such fact and the new address within twenty-four (24) hours. (g) The animal warden shall be permitted the right to inspect the enclosure in which any dangerous dog is kept at any time. (h) In addition to the conditions and specifications established by this section with respect to dangerous dogs, the owner of any dangerous dog shall meet all other requirements established by this Chapter for keeping any dog. (i) The animal warden shall have the right to seize and impound the dog if any of the conditions and specifications established by this section for the keeping of a dangerous dog are not being met. S6-53. Violations. It shall be a Class I misdemeanor for the owner of any dog which has caused a wound to any person to conceal or cause to be concealed such dog from any animal warden or police officer. Violation of S6-52 of this Code or any other violation of this Division shall constitute a Class 2 misdemeanor; provided, however, that a second violation of this Division by any person shall constitute a Class 1 misdemeanor. ~6-54. Exceptions. (a) No dog shall be deemed or declared to be a dangerous dog or vicious dog if the threat, wound, injury or damage was caused by any person who, at the time, was (1) assaulting the owner of the dog, (2) committing a willful trespass or tort upon the premises of the owner of the dog, or (3) provoking, tormenting, abusing or assaulting the dog or can be shown to have repeatedly provoked, tormented or abused the dog at other times. (b) No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring or its owner's property, shall be found to be a dangerous dog or vicious dog. (c) This Division shall have no application to any dog owned by a federal, state or local law enforcement agency. 436 (d) No dog shall be found to be a dangerous dog or a vicious__ dog solely because it is a particular breed. 4. Section 6-27, Vicious Doqs, of the Code of the City of Roanoke (1979), as amended, is hereby repealed. 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~a~~.: ~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 6th day of April, 1992. No. 30946-040692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Revenue General Property Taxes Public Service tax (1) .............. Other Local Taxes Sales Tax 1% State (2) .............. Utility Consumer Tax (3) ............. Revenue from Use of Money/Property Interest on Investments (4) ............ $ 50,536,300.00 3,174,300.00 38,284,556.00 11,977,000.00 9,130,000.00 766,740.00 50,000.00 437 1) Public Service Corporations (001-020-1234-0140) $ 560,000.00 2) Sales Tax 1% State (001-020-1234-0201) (740,000.00) 3) Electric Service (001-020-1234-0203) 330,000.00 4) Interest Revenue (001-020-1234-0501) (150,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 6th day of April, 1992. No. 30947-040692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay .................. $ 31,451,415.00 Carvins Cove Improvements, Phase II (1) .... 1,164,816.00 Retained Earninqs Retained Earnings Unappropriated (2) ...... $ 16,679,880.00 438 1) Appropriations from General Revenue 2) Retained Earnings Unappropriated (002-056-8364-9003) (002-3336) $ 22,000.00 (22,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30948-040692. A RESOLUTION approving the City Manager's issuance of Change~ Order No. i to the City's contract with Dewberry & Davis, for the engineering services in connection with the Carvins Cove Improvements, Phase II. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Dewberry & Davis, related to engineering services in connection with the Carvins Cove Improvements, Phase II. 2. Such Change Order shall provide for additional engineering services required for design and related construction documents and administration for a pump station and elevated storage 439 system to provide adequate service to the Mount Pleasant area, as more specifically set forth in the City Manager's report to this Council dated April 6, 1992, and shall be in the amount of $22,000.00, with the total contract amount with this Change Order to be $1,094,816.00. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30950-040692. A RESOLUTION approving the Fiscal Year 1993 Annual Operating Budget of the Roanoke Valley Resource Authority, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991, the City of Roanoke hereby approves the Roanoke Valley Resource Authority Fiscal Year 1993 Annual Operating Budget, as more particularly set forth in a report from the City's representatives on the Roanoke Valley Resource .Authority, dated March 31, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 1992. No. 30951-040692. A RESOLUTION authorizing the City Manager to enter into a Memorandum of Understanding with Greater Deyerle Neighborhood Association, dated April 7, 1992. 440 follows: BE IT RESOLVED by the Council of the City of Roanoke as._ 1. The City Manager is hereby authorized, for and on behalf of the City, to enter into a Memorandum of Understanding with Greater Deyerle Neighborhood Association, dated April 7, 1992, relating to traffic regulations and signage and providing for certain procedures to be followed, under certain circumstances, when the City Manager proposes to remove traffic control signs or to eliminate turning restrictions, and upon such other terms and conditions as are provided therein. 2. The form of such Memorandum shall be approved by the City Attorney. ATTE S T: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30929-041392. AN ORDINANCE authorizing extension of the lease agreement between the City and Orris Roanoke, Inc., for the premises located in- ~ the Market Square Parking Garage building, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by theCity Attorney, an extension of the lease agreement for the premises in the Market Square Parking Garage building at 19 Campbell Avenue, such lease extension to be for a period of five years from September 1, 1992 to August 31, 1997, at a base monthly rent of $700.00 per month for the first year, with an annual adjustment based upon the Consumer Price Index for years two through five, and upon such other terms and conditions as are deemed to be in the City's best interest, as more particularly set forth in the report to this Council dated April 6, 1992. ATTEST: Clerk APPROVED Mayor 441 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30944-041392. AN ORDINANCE granting a license agreement for automobile racing at Victory Stadium, upon certain terms and conditions. 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, respectively, for and on behalf of the City, a license agreement with Donald F. Taylor to permit automobile racing at Victory Stadium on the following dates: May 1, 1992, June 12, 1992, July 10, 1992, July 17, 1992, July 24, 1992, August 7, 1992, August 21, 1992, and September 7, 1992, subject to the terms and conditions of the agreement. 2. The license agreement shall contain provisions outlined in the attachment to the April 6, 1992, report of the City Manager to Council and such other provisions as the City Manager shall determine to be appropriate, and the form of the agreement shall be approved by the City Attorney. APPROVED ATTEST: ~L~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30949-041392. AN ORDINANCE authorizing dedication of a certain 15' by 25' public utility easement on the west side of Brambleton Avenue, S. W., to C & P Telephone Company, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate document dedicating a 15' by 25' public utility easement on the west side of Brambleton Avenue, S. W., approximately 154 feet South of the 442 Murray Run box culvert for the location of an equipment cabinet, as more particularly set forth in the report to this Council dated April 6, 1992. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30952-041392. A RESOLUTION commending the Patrick Henry High School Basketball Team for winning the 1992 State Group AAA Men's Basketball Championship. WHEREAS, Patrick Henry High School continues to uphold a tradition of excellence; -- WHEREAS, in keeping with this tradition of excellence, the Patrick Henry High School Basketball Team has won the 1992 State Group-~ AAA Men's Basketball Championship; WHEREAS, on Saturday, March 21, 1992, the Patrick Henry Patriots defeated a highly-touted Booker T. Washington team by a score of 79-71 in the championship game played at University Hall at the University of Virginia in Charlottesville; WHEREAS, after falling behind by 6 points at half-time, the patriots surged and built a 6-point lead by the end of the third period, and, although a key player fouled out in the fourth period, the inspired team play of the Patriots brought victory; WHEREAS, under the excellent leadership of Coach Linwood H. "Woody" Deans, the Patriots finished their season with a record of 27-1; and WHEREAS, in winning the State Championship, the Patriots played with great teamwork, confidence, discipline and intelligence which reflects great credit on the players, Coach Deans, his staff, the school administration, the City School Division and the City of Roanoke; 443 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Coach "Woody" Deans and the Patrick Henry Patriots Basketball Team are hereby commended for their outstanding achievement in winning the 1992 State Group AAA Men's Basketball Championship. 2. The City Council extends congratulations to the players, Coach Deans, his coaching staff, trainers, managers, cheerleaders, School Principal, Dr. Elizabeth D. Lee, and to the Administrative staff of Patrick Henry High School for keeping the tradition of excellence alive. 3. The City Clerk is directed to provide attested copies of this resolution to Coach Deans and his players and Dr. Lee as a token of appreciation from this Council and in testament to the skills and talents possessed by these young men. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30955-041392. A RESOLUTION authorizing the execution of certain contracts with Habitat for Humanity in the Roanoke Valley, providing for reimbursement of certain costs as provided for in the Vacant Lot Homesteading Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to execute, for and on behalf of the City, certain contracts with Habitat for Humanity in the Roanoke Valley, providing for reimbursement of certain costs in connection with building and selling five (5) houses as provided in the approved Vacant Lot 444 Homesteading Program, as more particularly set forth in the City Manager's report to this Council dated April 13, 1992, upon certain--'. terms and conditions, said contracts to be approved as to form by the City Attorney. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30956-041392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal~ Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of~ Roanoke that certain sections of the 1991-92 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Safety Emergency Medical Services (1) ......... Police Patrol (2) ............... General Government Personnel Management (3) ............ Health and Welfare Health Department (4) ............. Nursing Home (5-6) ............... Income Maintenance (7) ............. 29,524,261.00 1,060,200.00 6,671,576.00 8,778,912.00 613,054.00 15,031,545.00 1,059,624.00 1,266,975.00 3,645,478.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (8) ........ $ 167,180.00-- 445 Internal Service Fund Appropriations City Information Systems Capital Outlay (9) ............... Retained Earninqs Retained Earnings - Unrestricted (10) ..... $ 2,187,871.00 295,630.00 2,745,900.00 1) Other Equipment 2) Other Equipment 3) Other Equipment 4) Other Equipment 5) Other Equipment 6) Expendable (001-050-3521-9015) (001-050-3113-9015) (001-050-1261-9015) (001-054-5110-9015) (001-054-5340-9015) Equipment < $500 (001-054-5340-2035) 7) Other Equipment 8) CMERP - City Unappropriated 9) Other Equipment 10) Retained Earnings - Unrestricted (001-054-5313-9015) (001-3323) (006-050-1601-9015) (006-3336) $ 9,000.00 16,200.00 4,995.00 3,300.00 13,250.00 3,235.00 4,632.00 (54,612.00) 25,000.00 (25,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30957-041392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Internal Service Fund Appropriations, and providing for an emergency. 446 WHEREAS, for the usual daily operation of the Municipal_~ Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Utility Line Services Capital Outlay (1) ............... $ 2,747,507.00 277,247.00 Retained Earninqs Retained Earnings - Unrestricted (2) 1) Other Equipment (006-056-2625-9015) 2) Retained Earnings - Unrestricted (006-3336) $ 52,704.00 (52,?04.00) $ 2,693,196.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30958-041392 A RESOLUTION accepting bids for certain construction equipment and rejecting certain other bids for such equipment. 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 prices set out with each item: 447 Item Successful Purchase Number Quantity & Description Bidder Price I I - Gooseneck Trailer J.W. $ 21,775.00 Burress, Inc. 2 i - Trench Compactor Mitchell $ 19,680.85 Distribution Co. 3 2 - Heavy Duty Pave- J.W. $ 1,250.00 ment Breakers Burress, Inc. 4 i - Trailer Mounted Sullair $ 9,948.00 Air Compressor Sales, Service, and Rentals 5 2 - Asphalt Cutters Scott- $ 49.60 Gallagher 2. The City's Manager of General Services is hereby authorized to issue the requisite purchase orders for the above- mentioned items, said purchase orders to be made and filled in accordance with the City's specifications, the respective bids made therefor and this measure, as more particularly set out in a report to this Council dated April 13, 1992. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30959-041392. AN ORDINANCE amending and reordaining subsection (f) of S32- 283, Definitions, subsection (a) of S32-295, Penalty for late remittance or false return, ~32-296, Violations of article, and ~32-297, 448 Exemptions, of Article XIV, Tax on Prepared Food and Beverage, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to eliminate vending machines from the definition of restaurant~ to clarify the method of calculating the penalty for failure to timely file report or remit the tax to be paid under this article~ to provide that any person violating this article shall be guilty of a Class 1 misdemeanor~ to provide an exemption for food sold from a vending machine~ and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that= 1. Subsection (f) of S32-283, Definitions, subsection (a) of S32-295, Penalty for late remittance or false return, ~32-296, Violations of article, and ~32-297, ExemDtions, of Article XIV, Tax on Prepared Food and Beverage, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows~ Sec. 32-283. Definitions. (f) Restaurantt Any place in or from which food is sold in the city, including, but not limited to, any restaurant, dining room, grill, coffee shop, cafeteria, cafe, snack bar, lunch counter, delicatessen, confectionery, bakery, eating house, eatery, drugstore, lunch wagon or truck, pushcart or other mobile facility from which food is sold, public or private club, resort, bar or lounge. The word "restaurant" shall not mean a grocery store or supermarket except for any space or section therein designated as a delicatessen or for the sale of prepared sandwiches, delicatessen food or food prepared in a delicatessen. Sec. 32-295. Penalty for late remittance or false return. (a) If any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit to the city treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the city treasurer a penalty in the amount of ten (10) percent if the failure is not for more than thirty (30) days, with an additional ten (10) percent of the total amount of tax owed 449 for each additional thirty (30) days or fraction thereof during which the failure continues, not to exceed twenty-five (25) percent in the aggregate, with a minimum penalty of two dollars ($2.00). Sec. 32-296. Violations of article. Any person violating, failing, refusing or neglecting to comply with any provision of this article shall be guilty of a Class 1 misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes provided for in this article. An agreement by any person to pay the taxes provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes agreed to be paid by such person is received by the treasurer. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. Sec. 32-297. Exemptions. The following purchases of food shall not be subject to the tax under this article~ (1) Food furnished by restaurants to employees as part of their compensation when no charge is made to the employee. (2) Food sold by nonprofit day care centers, public or private elementary or secondary schools or food sold by any college or university to its students or employees. (3) Food for use or consumption by the commonwealth, any political subdivision of the commonwealth or the United States. (4) Food furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm or handicapped or other extended care facility to patients or residents thereof. (5) Food furnished by a nonprofit charitable organization to elderly, infirm, handicapped or needy persons in their homes or at central locations. 45O (6) Food sold by a nonprofit educational, charitable or benevolent organization on an occasional basis as a fund- raising activity or food sold by a church or religious body on an occasional basis. (7) Any other sale of food which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rules and regulations issued pursuant thereto. (8) Food sold from a vending machine. 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 13th day of April, 1992. No. 30961-041392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 451 General Fund Appropriations Public Works Parks and Ground Maintenance (1) ........ Street Maintenance (2) ............. Signals and Alarms (3) ............. Building Maintenance (4) ............ Non-departmental ................. Contingency - General Fund (5) ......... Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (6) ...... Internal Service Fund Appropriations Utility Line Service Capital Outlay (7) 19,991,995.00 3,188,474.00 2,644,741.00 635,040.00 3,169,268.00 11,975,818.00 450,909.00 $ 221,792.00 $ 2,709,383.00 239,123.00 Retained Earnings Retained Earnings - Unrestricted (8) ....... 1) Vehicular Equipment 2) Vehicular Equipment 3) Vehicular Equipment 4) Vehicular Equipment 5) Equipment Replacement Contingency 6) CMERP - City Unappropriated 7) Vehicular Equipment 8) Retained Earnings Unrestricted (001-050-4340-9110) (001-052-4110-9110) (001-052-4160-9110) (001-052-4330-9110) (001-002-9410-2202) (001-3323) (006-056-2625-9010) (006-3336) $ 264,090.00 151,858.00 14,580.00 39,159.00 (466,091.00) ( 3,596.00) 14,580.00 ( 14,580.00) $ 2,770,900.00 452 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: City Clerk this APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1992. No. 30962-041392. A RESOLUTION accepting bids made to the City for furnishing and delivering certain trucks and related equipment, and rejecting all other bids made to the City for such equipment. 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 i described, such items being more particularly described in the City's i specifications and any alternates and in each bidder's proposal, are-- hereby ACCEPTED, at the purchase prices set out with each item: Item Number Quantity and Description Successful Bidder Purchase Price i One (1) New Berglund $ 16,914.36 Cab/Chassis 15,000 Chevrolet, Inc. G.V.W. 2 One (1) New 10 Truck Body Corporation $ 1,294.12 Foot Flat Stake Body to be mounted on Item #1 3 One (1) New Magic City Motor $ 11,679.00 Cab/Chassis for Corporation 1 Ton Dump Body 4 '' One (1) 10 Foot Roanoke Welding $ 3,400.00 Dump Body to be Company mounted on Item #3 453 Item Number Quantity and Description Successful Bidder Purchase Price 5 Nine (9) New 10 Magic City Motor $295,013.97 Ton Dump Truck Corporation Cab/Chassis 6 Nine (9) New 10 Sanco-Division $ 46,665.00 Ton Dump Bodies of Heil Company to be mounted on Item #5 7 Five (5) New Dominion Car $ 52,375.65 Midsize Pick Up Company Trucks 8 One (1) New Seven Magic City Motor $ 14,763.00 Passenger Mini Van 9 One (1) New 3/4 Dominion Car $ 12,999.99 Ton Pick Up Truck Company 10 Two (2) New 3/4 Farrell $ 24,472.00 Ton Pick Up Truck Ford-Pontiac Cab/Chassis 11 Two (2) New Truck Body $ 4,687.52 Utility Bodies to Corporation be mounted on above 3/4 Ton Cab/Chassis 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. ATTEST: City Clerk APPROVED 454 IN THE COL~ClL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30963-041392. A RESOLUTION creating the Hotel Roanoke Conference Center Commission and authorizing execution of a contract between the City of Roanoke, Virginia Polytechnic Institute and State University and the Commission. WHEREAS, the 1991 Session of the General Assembly enacted the Hotel Roanoke Conference Center Commission Act, hereinafter referred to as the "Act," Chapter 440 of the 1991 Acts of Assembly} WHEREAS, the Act provides that, if the governing bodies of the City of Roanoke and Virginia Polytechnic Institute and State University ("VPI&SU") shall by resolution declare that there is a need for a commission to be created for the purpose of establishing and operating a publicly owned conference center in the City of Roanoke adjacent to a renovated Hotel Roanoke and that they should unite in its formation, then a commission known as the Hotel Roanoke Conference Center Commission shall thereupon exist, and such Commission shall exercise its powers and functions as prescribed in the Act} WHEREAS, pursuant to Section 4 of the Act, the City and VPI&SU__ have agreed upon the form of a contract between themselves and the Commission setting forth the financial contribution to be made by each~ ~ to the Commission and other terms and conditions of their participation}-- and WHEREAS, this Council is now desirous of creating the Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. It is hereby declared by this Council that there is a need for a commission to be created for the purpose of establishing and operating a publicly owned conference center adjacent to a renovated Hotel Roanoke and that the City and VPI&SU should unite in the formation of a commission to be known as the "Hotel Roanoke Conference Center Commission". 2. Upon the adoption of this resolution, the Virginia Tech Board of Visitors having previously adopted a resolution, dated November 18, 1991, declaring the need for such Commission and that the City and vPIaSU should unite in its formation, the Hotel Roanoke Conference Center Commission shall exist for this City and VPI&SU, and any other eligible political subdivision of the Commonwealth which may hereafter __ 455 Join such Commission pursuant to the terms and conditions of the Act, and such Commission shall exercise the powers and functions prescribed by the Act. 3. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, the contract between the City and VPI&SU and the Commission setting forth the financial contribution to be made by the City and VPI&SU to the Commission and other terms and conditions of participation, such agreement to be in substantially the form attached hereto and approved as to form by the City Attorney. 4. The City Clerk is directed to forward an attested copy of this resolution to the Secretary to the Virginia Tech Board of Visitors and to the Hotel Roanoke Conference Center Commission for filing among the permanent records of the Commission. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of April, 1992. No. 30964-041392. A RESOLUTION appointing Commissioners to the Hotel Roanoke Conference Center Commission. WHEREAS, the 1991 Session of the General Assembly enacted the Hotel Roanoke Conference Center Commission Act, hereinafter referred to as the "Act," Chapter 440 of the 1991 Acts of Assembly; WHEREAS, by Resolution 30963-041392, dated April 13, 1992, the City of Roanoke has declared that there is a need for a Conference Center Commission and that the City and Virginia Polytechnic Institute and State University should unite in its formation; WHEREAS, pursuant to Section 5 of the Act the governing body of the City is to appoint Commissioners to the commission; and WHEREAS, this Council is now desirous of appointing its Commissioners. 456 THEREFORE, Roanoke as follows: BE IT RESOLVED by the Council of the City of 1. The powers of the Hotel Roanoke Conference Center--.~ Commission shall be vested in the Commissioners thereof in office from time to time. This Council hereby appoints the individuals named hereafter to serve as Commissioners for the initial terms as set forth or until their successors shall have been appointed and qualified. After the initial term, each Commissioner shall be appointed for a four- year term or until his successor is appointed and qualified. The City Council shall be empowered to remove at any time, without cause, any Commissioner appointed by it and appoint a successor Commissioner to fill the unexpired portion of the removed Commissioner's term. 2. The initial Commissioners appointed by the City and their initial terms shall be as follows: Joel M. Schlanger, for a four year term commencing April 13, 1992, and expiring April 12, 1996; W. Robert Herbert, for a three year term commencing April 13, 1992, and expiring April 12, 1995; and James G. Harvey, II, for a two year term commencing April 13, 1992, and expiring April 12, 1994. ATTEST: ~6k~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1992. No. 30953-042092. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and 457 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on April 13, 1992, after due and timely notice thereof as required by S30-14, 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: A portion of Barnett Road, N. W., beginning at Youngwood Drive, N. W., between 5102 and 5098 Youngwood Drive, N. W., between Official Tax Nos. 6131907 and 6132001. be, and hereby is, 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. 458 BE IT FURTHER ORDAINED that the closure of the above- described right-of-way is conditioned upon applicant's providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described portions of Barnett Road, N. W., providing for all necessary easements for utilities, both public and private, and properly dividing the vacated 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 one (1) year 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 or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER 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 Grantee, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1992. No. 30954-042092. AN ORDINANCE to amend S36.1-3, 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. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the applicant; and 459 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on April 13, 1992, after due and timely notice thereof as required by S36.1-693, 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 S36.1-3, 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 tract of land located at 1014 Norfolk Avenue, S. W., known as Lots 1, 2, 3, 4 & 5, Section 18, designated on Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1110801, 1110802, 1110803, 1110804 & 1110810, be, and is hereby rezoned from LM, Light Manufacturing District, to RM-2, Residential Multifamily, Medium Density District, subject to those conditions proffered by and set forth in the Petition, filed in the Office of the City Clerk on February 12, 1992, and that Sheet No. 111 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk 460 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1992. No. 30960-042092. AN ORDINANCE authorizing an agreement with Cox Cable Roanoke, Inc. for the substitution of certain injection points on the institutional cable distribution system and authorizing the expenditure of up to $10,000.00. of the capital equipment grant previously received from Cox Cable Roanoke, Inc. WHEREAS, by franchise agreement dated May 1, 1991, Cox Cable Roanoke, Inc. agreed to construct certain institutional cable distribution system injection points and has made an initial payment of $200,000.00 of a capital equipment grant which will total $480,000.00; and WHEREAS, the Roanoke Valley Regional Cable TV Committee has recommended that certain injection points be substituted for those points previously specified in the franchise agreement and that up to $10,000.00 of the capital equipment grant be utilized for the purchase of two character generators to improve communication with citizens; and WHEREAS, Cox Cable Roanoke, Inc. has confirmed in writing its agreement to change the requested injection points on the institutional cable distribution system; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest respectively, in form approved by the City Attorney, an appropriate agreement providing for substitution of certain institutional cable distribution system points as more particularly set forth in the report to this Council from the Chairman of the Roanoke Valley Regional Cable TV Committee dated April 13, 1992. 2. The expenditure of up to $10,000.00 of the capital equipment grant previously received from Cox Cable Roanoke, Inc., for the purchase of two character generators to improve communication with citizens as more particularly set forth in the report to this Council from the Chairman of the Roanoke Valley Regional Cable TV Committee 461 dated April 13, 1992, is hereby approved and the City Manager is authorized to take appropriate actions deemed to be in the City's best interest with regard to such expenditure. APPROVED ATTEST: ~6t~_~____ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1992. No. 30965-042092. AN ORDINANCE approving the loan of Community Development Block Grant (CDBG) funds to an individual in connection with the City's Home Purchase Assistance Program, authorizing the City Manager to execute documents approved as to form by the City Attorney necessary to implement and administer the loans, including a Construction Disbursement Agreement, authorizing the City Attorney and Director of Finance to serve as trustees with regard to the related deed of trust securing the notes for the loan, authorizing the City Manager to execute a certificate of satisfaction upon full payment and satisfaction of the loans, and authorizing recordation by the City Attorney of the certificate of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke; and providing for an emergency. WHEREAS, Council has previously approved the concept of the Home Purchase Assistance Program in which the City will provide loans for purchase, closing costs and additional property rehabilitation from CDBG funds to low-moderate income households agreeing to buy and repair certain identified substandard housing, contingent upon approval by the Virginia Housing Development Authority (VHDA) of State rehabilitation loans. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to loan CDBG funds in connection with the City's Home Purchase Assistance Program to the individual identified in the City Manager's report dated April 20, 1992, upon the terms and conditions set forth therein. 41.62 2. The City Manager is hereby authorized for and on behalf of the City to execute documents approved as to form by the City Attorney necessary to implement and administer the loan, including a Construction Disbursement Agreement, in connection with the Home Purchase Assistance Program loans to be made to Ronald Bowles, which loan amount shall not exceed $20,000.00 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 523 Highland Avenue, S. E., in accordance with the recommendations contained in the City Manager's report of April 20, 1992. 3. To secure payment of the loan of CDBG funds made under the Home Purchase Assistance Program and performance by the loan recipient, the recipient shall execute a deed of trust and deed of trust note, which document shall be approved as to form by the City Attorney. 4. Wilburn C. Dibling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance (hereinafter "Trustees"), are hereby authorized to serve as Trustees for and on behalf of the City as beneficiary. 5. Pursuant to S26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason whatsoever to appoint a substitute trustee or trustees. 6. Upon payment or full satisfaction of the debt secured by the deed of trust and delivery of the canceled deed of trust note to the person or persons by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of Circuit Court of the City of Roanoke. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. City Clerk APPROVED Mayor 463 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of April, 1992. No. 30966-042092. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund ADDroDriations Nondepartmental Transfers to Other Funds (1-2) Capital Fund ADDropriations General Government Conference Center (3) . . 12,440,829.00 10,680,070.00 $ 10,997,716.00 215,000.00 1) Transfer to Debt Service Fund 2) Transfer to Capital Fund 3) Appropriated from General Revenue (001-004-9310-9512) (001-004-9310-9508) (008-052-9653-9003) $(100,000.00) 100,000.00 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Clerk APPROVED 464 IN THE COUNCIL OF THE CITY OF ROAIqOKE, VIRGINIA The 27th day of April, 1992. No. 30967-042792. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Grant Funds Appropriations, and providing for an emergency· WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist· THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund ApproDriations Education Facilities (1-4) 66,703,661.00 1,469,099.00 Fund Balance CMERP - Schools - Unappropriated (5) ..... -0- Grant Fund ADDroDriations Education Title II-A Licensed Practical Nursing (6) · · Transition - Vocational Evaluation Program (7) Perkins Act Funds 1991-92 (8) ........ 19,064,117.00 1,060.00 675.00 293,802.00 Revenue Education Title II-A Licensed Practical Nursing (9) · · Transition - Vocational Evaluation Program (10) Perkins Act Funds 1991-92 (11) ........ 19,064,117.00 1,060.00 675.00 293,802.00 1) Replacement - Other Capital Outlays 2) Additions - Furniture and Fixtures (001-060-6004-6682-0809) (001-060-6004-6683-0822) $ 60,000.00 125,000.00 465 3) Additions - Motor Vehicles Replacement - Other Capital Outlays CMERP - Schools Tuition Instructional Materials Business Education Equipment Federal Grant Receipts 10) Federal Grant Receipts 11) Federal Grant Receipts 4) 5) 6) 7) 8) 9) (001-060-6004-6683-0824) (001-060-6004-6896-0809) (001-3324) (035-060-6429-6334-0382) (035-060-6501-6222-0614) (035-060-6750-6136-0821) (035-060-6429-1102) (035-060-6501-1102) (035-060-6750-1102) $ 50,070.00 56,727.00 291,797.00 550.00 675.00 8,674.00 550.00 675.00 8,674.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of April, 1992. No. 30968-042792. A RESOLUTION extending the pay benefits provided for by Resolution No. 4748 for a certain emergency service employee. WHEREAS, Resolution No. 4748, adopted February 28, 1936, provides that police officers and firefighters absent from duty because of disabling injuries incurred in the line of duty shall suffer no loss in compensation for sixty days; 466 WHEREAS, by Resolution No. 4748, Council has voluntarily established a local benefit for the City's police officers and firefighters, and eligibility for such benefit is determined solely by the terms of Resolution No. 4748, not by the Workers' Compensation Act or related law; WHEREAS, Resolution No. 4748 requires that extension of benefits provided for by such resolution beyond sixty days shall be only upon authority of Council; and WHEREAS, Sgt. William Moser of the Police Department has previously been determined eligible for such benefits, and by report of April 27, 1992, the City Manager has recommended that benefits available to such employee be extended beyond sixty days by authority of Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Sgt. William Moser of the Police Department shall be paid the difference between his base pay and any sums received pursuant to the Workers' Compensation Act from March 25, 1991 through June 1, 1992, or until such officer is able to return to duty, whichever occurs first. 2. Such employee shall under no circumstances receive payments from the City, including Workers' Compensation benefits, in excess of his regular base pay as a police officer. 3. The City Manager shall be authorized to terminate the benefits provided for by this resolution should it be established by report of a licensed physician that said employee is able to return to duty at a police officer's regular base pay. ATTEST.' City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of April, 1992. No. 30969-042792. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant Fund Appropriations, and providing for an emergency. 467 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADpropriations Community Development Block Grant FY 92 Housing FY 92 (1-2) ......... $ 2,282,090.00 604,752.00 1) Quick Response to Emergencies 2) Home Ownership Assistance (035-091-9120-5203) (035-091-9120-5118) $ 7,248.00 (7,248.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of April, 1992. No. 30970-042792. A RESOLUTION authorizing the execution of an amendment to the contract for services with the Roanoke Redevelopment and Housing Authority to increase the funding in the Quick Response to Emergencies component of the Limited Critical Repair Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, an amendment to the contract for services with the Roanoke Redevelopment and Housing Authority to increase the funding in the Quick Response to Emergencies component of the Limited Critical Repair Program, and to execute any other necessary 468 documentation, said amendment to be approved as to form by the City Attorney, as more particularly set forth in the report to this Council dated April 27, 1992. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of April, 1992. No. 30973-042792. A RESOLUTION authorizing the City Manager to enter into an agreement with Chesapeake and Potomac Telephone Company of Virginia to allow the City to install, maintain and remove signs, flags, and holiday decorations on or from utility poles owned by Chesapeake and Potomac Telephone Company of Virginia. 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 an agreement with Chesapeake and Potomac Telephone Company of Virginia to allow the City to install, maintain and remove signs, flags and holiday decorations, on or from utility poles owned by Chesapeake and Potomac Telephone Company of Virginia, as more particularly described in the City Manager's report of April 27, 1992. 2. The form of the agreement shall be substantially as set forth in the attachment to the City Manager's report of April 27% 1992, and shall be approved as to form by the City Attorney. ATTE ST: ~ City Clerk APPROVED 469 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of April, 1992. No. 30974-042792. A RESOLUTION authorizing the City Manager, for and on behalf of the City, to file an application with the Virginia Department of Housing and Community Development for a grant of funds under the Emergency Home Repair Program; and authorizing the City Manager to accept such grant funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager shall be authorized, for and on behalf of the City, to file a grant application, a copy of which is attached to the City Manager's report to City Council, dated April 27, 1992, with the Virginia Department of Housing and Community Development for a grant of State funds to be applied to the Emergency Home Repair Program. 2. The City Manager shall be authorized, for and on behalf of the City, to execute any grant agreements establishing the terms and conditions of the City's participation in such grant program. 3. The City Manager shall be authorized, for and on behalf of the City, to make such certifications and assurances and to execute such ancillary documents as may be required by such Department to permit the City's participation in such Program. 4. A local dollar for dollar match shall be provided by the City with respect to the Emergency Home Repair Program pursuant to the guidelines issued by the Department. ATTEST: 7~/~6L4~.4~_A P P R O V E D City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA emergency The 27th day of April, 1992. No. 30975-042792. A RESOLUTION declaring a local powers to the City Manager as emergency; authorizing Director of Emergency Services; authorizing the City Manager to make application for Federal 47O 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 dangerous flood conditions and that, due to the floods, enormous and, as yet, incalculable property damage has been done~ and WHEREAS, due to the floods, a condition of extreme peril to life and property necessitates the proclamation of the existence of an emergency; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. It is hereby proclaimed that an emergency now exists throughout the City and that such emergency has existed since April 21, 1992. 2. Such state of local emergency shall continue until this Council has adopted a resolution declaring its end. 3. During the existence of the emergency declared by this resolution, the City Manager, as Director of Emergency Services, shall have 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. 4. 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. 5. 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. 6. 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. 471 7. The City Clerk is directed to forward an attested copy of this resolution to the Honorable L. Douglas Wilder, Governor of Virginia. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of April, 1992. No. 30976-042792. A RESOLUTION endorsing the U.S. Conference of Mayors' "Save Our Cities! Save Our Children!" march on Washington, D.C. WHEREAS, nearly two-thirds of United States cities are facing major financial crises due to cuts in federal funds resulting in loss of Jobs, termination of critical programs, and reductions in services; and WHEREAS, as a result of cuts in federal funds, cities have had less money to deal with increasing demands for housing, health care, education, Job-training, and other critical public services; and WHEREAS, without previously appropriated federal funds, cities are financially unable to repair bridges and roads, clean up toxic wastes, and provide public transportation; and WHEREAS, homeless families with children are the fastest growing segment of the homeless population; and WHEREAS, random violence assaults our children, and physical abuse and drug abuse have reached epidemic proportions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council endorses the U.S. Conference of Mayors' "Save Our Cities! Save Our Children!" march in Washington, D.C., on Saturday, May 16, 1992 to protest cutbacks in federal funding for United States cities. 472 2. The City Clerk is directed to forward an attested copy of this resolution to Wendy Grassi, Director of Information Services, Conference of Mayors. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1992. No. 30971-050492. AN ORDINANCE waiving the standard rental fee for use of certain facilities for a Spring Railfair and granting concession rights in conjunction with such event. WHEREAS, by Resolution No. 24982, dated January 28, 1980, this Council established a policy with respect to waiver of rental fees for__ use of City facilities and property by certain organizations. WHEREAS, Council deems it appropriate to waive rental fees for-- the Spring Railfair to be sponsored by the Virginia Museum of Transportation, Inc. and to grant concession rights in conjunction with such event. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Virginia Museum of Transportation, Inc. shall be authorized use of the National Guard Armory on May 16, 1992, with waiver of the standard rental fees. 2. Such organization or its designee shall be authorized to operate concessions in conjunction with such event. 3. The applicant organization shall, and by execution of this ordinance, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of such organization's intentional acts or negligent acts or omissions related to use of City facilities and property. 473 4. The applicable terms January 28, 1990. applicant organization shall and conditions of Resolution comply with all No. 24982, dated ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1992. No. 30972-050492. AN ORDINANCE amending Ordinance No. 30944-041392, adopted April 13, 1992, to change certain dates on which automobile racing may occur at Victory Stadium. BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 30944-141392 is hereby amended and reordained by deleting references to May 1, 1992 and June 12, 1992 as permissible dates for automobile racing at Victory Stadium by Donald F. Taylor, and substituting therefor July 31, 1992 and August 14, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1992. No. 30977-050492. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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. 474 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General Fund-- Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government Personnel Management (1) ............ Non-departmental Contingency - General Fund (2) .......... 8,865,615.00 693,113.00 11,970,205.00 28,785.00 1) Medical 2) Contingency (001-050-1261-2062) (001-002-9410-2199) $ 80,059.00 (80,059.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTSST.' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1992. No. 30978-050492. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Building Maintenance (1) ............ Non-departmental Contingency - General Fund (2) ......... 20,121,373.00 3,193,742.00 12,049,934.00 106,870.00-- 475 1) Maintenance - Third Party 2) Maintenance of Fixed Assets (001-052-4330-3056) (001-002-9410-2201) $ 1,974.00 (1,974.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1992. No. 30979-050492. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Parks and Ground Maintenance (1) 20,213,966.00 3,283,041.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ...... 1) Vehicular Equipment (001-050-4340-9010) 2) CMERP - City Unappropriated (001-3323) $ 94,567.00 (94,567.00) 38,413.00 476 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1992. No. 30980-050492. A RESOLUTION accepting bids for certain vehicular equipment and rejecting certain other bids for such equipment. 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, and the City Manager's report dated May 4, 1992, are hereby ACCEPTED, at the purchase prices set out with each item: Bid Successful Purchase Number Quantity & Description Bidder Price 1 - New Street Sweeper 92-3-131 92-3-132 1 - New Five Ton Fork Lift J.W. Burress, Inc. 68,900.00 Werres Corporation $ 25,667.00 2. The City's Manager of General Services is hereby authorized to issue the requisite purchase orders for the above- mentioned items, said purchase orders to be made and filled in accordance with the City's specifications, the respective bids made therefor and this measure, as more particularly set out in a report to this Council dated May 4, 1992. 477 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1992. No. 30981-050492. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $ 19,522,308.00 Street Paving (1) ............... 1,455,992.00 Engineering (2) ................ 1,182,950.00 1) Fees for Professional Services 2) Salaries (001-052-4120-2010) (001-052-4310-1002) $ 15,969.00 (15,969.00) 478 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of May, 1992 No. 30982-050492. AN ORDINANCE accepting the bid of Virginia Asphalt Paving Co., Incorporated, for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. -- follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. The bid of Virginia Asphalt Paving Co., Incorporated, made to the City in the total amount of $951,807.05, for paving and profiling of various streets within the City of Roanoke, as more particularly set forth in the report to this Council dated May 4, 1992, 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. 478A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1992. No. 30983-051192. A RESOLUTION commending Curtis Blair. WHEREAS, Curtis Blair, a Senior guard on the University of Richmond Basketball Team, has been selected the Colonial Athletic Association's College Basketball Player of the Year; WHEREAS, Mr. Blair, who was a member of the 1988 Patrick Henry High School State Group AAA Championship Basketball Team, led the University of Richmond Spiders in scoring and was second in the Conference in scoring average with 20.5 points per game; WHEREAS, Mr. Blair scored in double figures in every game this season with one exception and had his high game with 35 points against an outstanding Georgia Tech team; and WHEREAS, Mr. Blair scored 1576 points in his career at the University of Richmond placing him sixth on the School's all-time scoring list; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of commending the outstanding accomplishments of Curtis Blair which bring great honor to Mr. Blair, his family, his University and his native City. 2. The City Clerk is directed to forward an attested copy of this resolution to Curtis Blair. APPROVED ATTEST: City Clerk Mayor 478B IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30984-051192. A RESOLUTION commending Russell Turner. WHEREAS, Russell Turner, a Senior center on the Hampden- Sydney College Basketball Team, has been chosen to the first team of the 1992 National Association of Basketball Coaches Division III Ail- America Basketball Team; WHEREAS, Mr. Turner, who was a member of the 1988 Patrick Henry High School State Group AAA Championship Team, is also the 1992 Old Dominion Athletic Conference Player of the Year in Basketball; WHEREAS, Mr. Turner is also Hampden-Sydney's career leader in points (2271), field goals made, free throws made, blocked shots and scoring average; and WHEREAS, Mr. Turner has achieved a grade point average of 3.561 and has also been honored as a first team GTE Academic All- America; THEREFORE, Roanoke as follows: BE IT RESOLVED by the Council of the City of 1. City Council adopts this resolution as a means of expressing its commendations to Russell Turner for his achievements, academic and basketball, which bring great honor to himself, his family, his College and his native City. 2. The Clerk is directed to forward an attested copy of this resolution to Mr. Turner. APPROVED A TEST:- City Clerk 479 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30986-051192. AN ORDINANCE amending and reordaining S10-28, Same - Voting place, Code of the City of Roanoke (1979), as amended, to provide for relocation of the polling place for Tinker Precinct from Thrasher Park Recreation Center to No. 14 Fire Station; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 10-28, Same - Voting Dlace, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows= S10-28. Same - Voting place. The voting place in Tinker Precinct shall be No. 14 Fire Station, located at 1061 Mecca Street, N. E. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk 480 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30987-051192. AN ORDINANCE temporarily changing the polling place for Raleigh Court No. 1 Precinct from Virginia Heights School to No. 7 Fire Station, 1742 Memorial Avenue, S. W.; providing for an emergency and an expiration date for this ordinance. WHEREAS, Virginia Heights School will be under renovation during the 1992-1993 school year, and such renovation will make unavailable the normal polling place for Raleigh Court No. 1 Precinct; WHEREAS, the Electoral Board has recommended the establishment of a temporary polling place for Raleigh Court No. 1 Precinct at No 7 Fire Station, 1742 Memorial Avenue, S. W., Roanoke, Virginia 24015, and such temporary polling place is within the boundaries of Raleigh Court No. 1 Precinct as required by S24.1-36, Code of Virginia (1950), as amended; and WHEREAS, the temporary change of polling place for Raleigh Court No. 1 Precinct has been duly advertised in a newspaper having general circulation once a week for two consecutive weeks pursuant to S24.1-39, Code of Virginia (1950), as amended, and a public hearing with__ respect to such proposed temporary relocation has been held on May 11, 1992; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding ~10-58, Code of the City of Roanoke (1979), as amended, the polling place for Raleigh Court No.1 Precinct shall be relocated from Virginia Heights School to No. 7 Fire Station, 1742 Memorial Avenue, S. W., Roanoke, Virginia 24015, in this City for the 1992-1993 school year only. 2. Such temporarily relocated polling place shall be applicable for the November 3, 1992, general election and any primary or special elections required during the 1992-1993 school year only. 3. The City Clerk is directed to forward attested copies of this ordinance to Shelva S. Painter, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Raleigh Court No. 1 Precinct. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage and shall expire by its own terms on the last day of the 1992-1993 Roanoke City-- 481 Public School Year. Upon the expiration of this ordinance, the polling place for Raleigh Court No. 1 Precinct shall be returned to Virginia Heights School. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1992. No. 30988-051192. A RESOLUTION approving the proposed Fiscal Year 1992-1993 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds; authorizing the City Manager or Assistant City Manager to execute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD); and authorizing the City Manager or Assistant City Manager to execute the requisite Grant Agreement with HUD. WHEREAS, by report dated May 11, 1992, the City Manager has transmitted to this Council for its review and consideration the proposed Fiscal Year 1992-1993 Budget for the Community Development Block Grant Program and the Statement of Community Development Objectives and Projected Use of Funds, and this Council is desirous of approving these documents and authorizing the City Manager or Assistant City Manager to execute them for submittal to the United States Department of Housing and Urban Development; and WHEREAS, Council was briefed on this matter on May 4, 1992, and conducted a public hearing on it on May 11, 1992, and citizen input was received earlier during hearings on January 16, and April 14, 1992. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council approves the Proposed Fiscal Year 1992-1993 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds. 482 2. The City Manager or Assistant City Manager is authorized to execute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD) and any and all understandings, assurances~_- and documents relating thereto, for and on behalf of the City. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30989-051192. A RESOLUTION establishing certain fees, rates, assessments and charges to be levied by the City on and after July 1, 1992. WHEREAS, it is the policy of this Council that City fees for special services should approximate the cost of such services; WHEREAS, many of the fees, rates, assessments and charges levied by the City for processing of applications, inspections, licenses and other services have become outdated; and WHEREAS, this Council is desirous of revising many fees, rates, assessments and charges of the City to ensure that all such charges are equitable, up-to-date and easily accessible to the public. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The fees, rates, assessments and charges set out in the City Manager's report, including the Exhibits A and B, dated May 11, 1992, are hereby ADOPTED and established to be effective on and after July 1, 1992. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 30789-111891, adopted November 18, 1991, effective as of that date, shall be amended to reflect the new fees, rates, assessments and charges established by this Resolution. __ 483 3. This Resolution shall have no effect as to any fee, rate, penalty, assessment or charge which may be legally established only after public notice and/or hearing. 4. In case of any conflict or inconsistency between the Fee Compendium and State Code or City Code, the appropriate Code shall prevail. 5. The fees, rates, penalties, assessments and charges established by the Fee Compendium, as amended by this Resolution, shall remain in effect until amended by this Council. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1992. No. 30990-051192. A RESOLUTION providing for an adjustment in fees charged at the Market Square Parking Garage, the Municipal Parking Garage, the Tower Parking Garage, and the Williamson Road Parking Garage. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The parking fees in the Market Square Parking Garage, the Municipal Parking Garage, the Tower Parking Garage, and the Williamson Road Parking Garage be amended in accordance with the following schedule effective July 1, 1992: Market Square Parking Garage Monthly (un-reserved) ..... Monthly (reserved, health and/or security concerns) One Hour ............ Two Hours ........... Three Hours .......... Four Hours ........... Five Hours and longer ..... $ 55.00 65.00 .75 1.50 2.25 3.25 4.25 484 Market Square Parking Garage (continued) Enter between 5=00 p.m. and 9=00 p.m. Mon. - Sat .... 1.50 Enter after 9=00 p.m. Mon. - Sat. FREE Sunday ............. FREE Municipal Parking Garage Monthly (un-reserved) ..... Each 1/2 Hour ($3.20 maximum) . Enter after 5:00 p.m. Mon. - Fri. Saturday and Sunday ...... 45.00 .80 FREE FREE Tower Parking Garaqe Monthly (un-reserved) ..... Monthly (reserved, contractual obligation) ..... One Hour ............ Two Hours ........... Three Hours .......... Four Hours ........... Five Hours and longer ..... Enter between 5=00 p.m. and 9=00 p.m. Mort. - Sat. Enter after 9:00 p.m. Mon.- Sat. Sunday ............. 55.00 60.50 .75 1.50 2.25 3.25 4.25 1.50 FREE FREE Williamson Road Parking Garaqe Monthly (un-reserved) ..... $ 45.00 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 30789-111891, adopted November 18, 1991, effective as of that date, shall be amended to reflect the new parking fees established by this Resolution. 485 3. The fees established by this Resolution shall remain In effect until amended by this Council. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30993-051192. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1992, and ending June 30, 1993; 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, 1992, and ending June 30, 1993, 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 Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Education: State School Funds State Sales Tax (ADM) Federal School Funds Other School Revenue 23,451,278.00 7,167,794.00 1,785,280.00 2~324,170.00 Total Revenue 53,308,845.00 39,883,333.00 523,250.00 593,000.00 827,652.00 25,251,902.00 33,706.00 3,999,623.00 258,100.00 34~728~522.00 $159,407,933.00 486 APPROPRIATIONS City Council City Clerk City Manager Office of Management and Budget City Attorney Director of Finance Office of Billings and Collections Commissioner of Revenue Treasurer Real Estate Valuation Board of Equalization General Services Municipal Auditing Director of Utilities and Operations Director of Administration and Public Safety Personnel Management Risk Management Director of Human Resources Director of Public Works Registrar Circuit Court Clerk of Circuit Court General District Court Juvenile and Domestic Relations Court Juvenile and Domestic Relations Court Clerk Sheriff Law Library Commonwealth's Attorney Police - Administration Police - Investigation Police - Patrol Police - Services Police - Training Fire - Administration Fire - Technical Services Fire - Operations Fire - Training and Safety Jail Juvenile Detention Home Outreach Detention Youth Haven I Crisis Intervention Center Building Inspections Emergency Services Emergency Medical Services Animal Control $ 204,812.00 2,511,921.00 6,918,995.00 1,476,431.00 199~759.00 294,798.00 268,736.00 9,241,904.00 126~935.00 $ 214,663.00 275,048.00 466,018.00 298,020.00 529,093.00 1,588,648.00 933,570.00 769,713.00 714,384.00 751,334.00 20,983.00 222,045.00 341,180.00 127,846.00 119,438.00 582,744.00 368,094.00 130,555.00 118,545.00 165,057.00 141,222.00 867,917.00 36,399.00 144,649.00 25,278.00 1,381,403.00 171,066.00 767,923.00 11,311,918.00 9,932,373.00 4,668,010.00 681,356.00 161,201.00 343,765.00 398,068.00 677,289.00 188,571.00 1,056,235.00 266,852.00 487 APPROPRIATIONS (continued) Street Maintenance Street Paving Communications Snow Removal Street Lighting Signals and Alarms Recycling Solid Waste Management Custodial Services Engineering Building Maintenance Parks Maintenance Roanoke City Health Department Mental Health and Retardation Citizens Services Committee Total Action Against Poverty Social Services - Administration Income Maintenance Social Services - Services Employment Services Temp. Emergency Food Assistance State and Local Hospitalization Roanoke City Public Schools Recreation City Market Contributions Libraries Community Planning Economic Development and Grants Grants Compliance Community Education VPI & SU Cooperative Extension Program Fringe Benefits Miscellaneous Transfer to Other Funds Contingencies Personnel Lapse 465,825.00 3,870,713.00 7,547,504.00 658,932.00 14t303.00 Total Appropriations 2,457,568.00 650,000.00 1,610,158.00 100,720.00 871,605.00 640,121.00 151,093.00 4,146,446.00 860,610.00 1,238,873.00 2,622,214.00 3,191,239.00 1,038,156.00 315,252.00 279,685.00 183,910.00 12,557,277.00 68,650.00 67,800,155.00 1,189,733.00 19,388.00 1,194,441.00 1,868,430.00 387,035.00 297,649.00 51,204.00 47,103.00 57,576.00 917,000.00 110,500.00 11,057,890.00 342,779.00 (875,000.00) 159,407,933.00 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; 488 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 1992-93 General Fund Appropriation Ordinance; and 5. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1992. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30994-051192. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1992, and ending June 30, 1993; 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, 1992, and ending June 30, 1993, 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 Total Revenue $ 6,149,487.00 lt316t000.00 ~ 7~465~487.00 489 APPROPRIATIONS General Operating Expense Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay Total Appropriations 1,973,985.00 588,464.00 851t134.00 3,413,583.00 772,400.00 1,791,950.00 lt487~554.00 7,465,487.00 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 1992-93 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, 1992. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30995-051192. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1992, and ending June 30, 1993; and declaring the existence of an emergency. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. That all money that shall be paid into the City Treasury for the Sewage Treatment Fund in the fiscal year beginning July 1, 1992, and ending June 30, 1993, shall constitute a Sewage 490 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= REVENUE Operating Non-Operating Total Revenue $ 6,593,000.00 226;000.00 ~ 6~819¢000.00 APPROPRIATIONS Administration Lateral Maintenance and Replacement Maintenance Operations Laboratory Depreciation Interest Expense Capital Outlay Total Appropriations $ 1,349,392.00 1,355,210.00 764,966.00 2,063,581.00 257t980.00 5,791,129.00 977,100.00 34,771.00 16t000.00 6,819,000.00 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 1992-93 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, 1992. APPROVED ATTEST: City Clerk Mayor 491 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of May, 1992. No. 30996-051192. AN ORDINANCE adopting the annual Clvlc Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1992, and ending June 30, 1993; 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 pald into the City Treasury for the Civic Center Fund in the fiscal year beginning July 1, 1992, and ending June 30, 1993, 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 Non-Operating Total Revenue $ 1,042,100.00 695t616.00 $ 1,737,716.00 APPROPRIATIONS Operating Expense Promotional Expense Depreciation Capital Outlay Total Appropriations 81t065.00 1,606,651.00 1,687,716.00 368,064.00 50t000.00 $ 2~105t780.00 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 1992-93 Civic Center Fund Appropriation Ordinance; and 492 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, 1992. APPROVED ATTEST IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30997-051192. AN ORDINANCE adopting the annual Internal Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1992, and ending June 30, 1993; and declaring the existence of an emergency. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. That all money that shall be paid into the City Treasury for the Internal Service Fund in the fiscal year beginning July 1, 1992, and ending June 30, 1993, shall constitute an Internal Service Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating Non-Operating Total Revenue 8,546,762.00 40t000.00 ~ 8¢5861762.00 APPROPRIATIONS City Information Systems Materials Control Management Services Utility Line Services 2,162,221.00 203,647.00 456,833.00 2,780,867.00 493 Fleet Management Fringe Benefits Personnel Lapse Contingency Total Appropriations 2,880,798.00 40,000.00 (100,000.00) 100~000.00 8,524,366.00 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 1992-93 Internal Service 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, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30998-051192. AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1992, and ending June 30, 1993; 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, 1992, and ending June 30, 1993, 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: 494 REVENUE Operating Non-Operating Total Revenue $ 1,537,649.00 720t663.00 ~ 2t258~312'00 APPROPRIATIONS Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Depreciation Transfer to Other Funds Total Appropriations 368,184.00 209,673.00 106,228.00 204,900.00 529,782.00 406,577.00 338t516.00 $ 2,163,860.00 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 1992-93 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, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 30999-051192. AN ORDINANCE adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1992, and ending June 30, 1993; and declaring the existence of an emergency. 495 follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. That all money that shall be paid into the City Treasury for the Nursing Home Fund in the fiscal year beginning July 1, 1992, and ending June 30, 1993, 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 Total Revenue $ 1,152,192.00 383t413.00 1,535,605.00 APPROPRIATIONS Operating Expenses Depreciation Total Appropriations $ 1,535,605.00 52t444.00 $ 1~588,049.00 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 1992-93 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, 1992. APPROVED ATTEST: City Clerk 496 IN ?~ COUNCIL O~ ~H~ CItY O~ ROA~NOK~, VIRGINIA The llth day of May, 1992. No. 31000-051192. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1, 1992, providing for merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; repealing Ordinance Nos. 30035-50790 and 30521-51391, adopted May 7, 1990, and May 13, 1991, respectively, to the extent of any inconsistency~ and providing for an emergency and effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Pursuant to S2-69, Code of the City of Roanoke (1979), as amended, there is hereby adoptgd by the Council and made applicable to all classified officers and employees of the City on July 1, 1992, 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 S2-68, Code of the City of Roanoke (1979), as amended, effective July 1, 1992, 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 the City. 4. A merit increase in the amount of 3.0 percent of annual base salary shall be provided each officer or employee achieving satisfactory review of service on his merit review date under merit evaluation procedures promulgated by the City Manager; provided, however, when any such merit increase would cause an officer or employee to exceed the maximum annual pay range applicable to such officer's or employee's position on June 30, 1992, or July 1, 1992, such officer or employee shall receive a merit increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position on June 30, 1992, or July 1, 1992, whichever is greater. The merit review date for all officers and employees shall be July 1, 1992. 5. In order to provide a continuum between minimum and midpoint of each pay range based on days of service in current Job, an officer or employee whose base salary does not exceed the midpoint of the pay range after the merit increase provided for in paragraph 4, 497 shall be placed in the pay range at his salary after the three percent merit increase or in accordance with the interpolation formula set out below, whichever is greater: Interpolated Salary Minimum + (days of service in current job up to 2,556 / 2,556) X (Midpoint - Minimum). As in the case of the merit increase, a satisfactory review of service on July 1, 1992, is required in order to receive the benefits of interpolation. 6. If after the merit increase provided for by Paragraph 4 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, 1992. 7. Annual salary increments payable on a bi-weekly basis are provided for the hereinafter set out Job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows: POSITION TITLE ANNUAL SALARY INCREMENT Appraiser Assistant City Manager Assistant Civic Center Manager Assistant to City Manager for Community Relations Deputy Chief Commissioner of Revenue License Inspector/Auditor City Attorney City Clerk Director of Finance Director of Human Development Director of Public Safety Director of Real Estate Valuation Manager of Civic Center Municipal Auditor Recreation Supervisor Senior Appraiser Superintendent of Social Services Tax Compliance Auditor Youth Services Planner $ 1,620.00 1,800.00 990.00 1,080.00 1,300.00 1,300.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 990.00 1,800.00 990.00 1,620.00 450.00 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. 498 8. To the extent of any inconsistency, Ordinance Nos. 30035-50790 and 30521-51391, adopted May 7, 1990, and May 13, 1991, respectively, are hereby REPEALED. 9. Any increase in compensation due to any officer or employee under this ordinance shall be first paid with the paycheck of July 15, 1992. 10. In order to provide for 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, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 31001-051192. AN ORDINANCE amending S22.1-44, Normal Service Retirement, and S22.1-45, Early Service Retirement Allowance, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, relating to participation of members of City Council in the City of Roanoke Pension Plan and establishing certain of the terms and conditions of such membership; providing for an emergency and an effective date; and providing for the sunset of this ordinance should certain existing or future regulations under the Internal Revenue Code promulgated bythe United States Department of Treasury regarding the qualification of public sector pension plans become effective. 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 subsection (h) to ~22.1-44, Normal Service Retirement, of Chapter 22.1, Pensions and Retirement: ~22.1-44. Normal service retirement. 499 (h) Benefit calculation rule for council members on or after June 30~ 1992. For purposes of subsection (c) (but not the minimum benefit under subsection (f)), a member shall have his benefit calculated under subsection (c) at any time he is a council member on or after June 30, 1992 on a basis which treats his actual membership service as of such time as being multiplied by a factor of two (2). 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new subsection (f) to S22.1-45, Early service retirement allowance, of Chapter 22.1, Pensions and Retirement: S22.1-45. Early service retirement allowance. (f) Benefit calculation rule for council members on or after June 30t 1992. For purposes of subsection (b) (but not the minimum benefit under subsection (d)), a member shall have his benefit amount calculated under subsection (b) at any time he is a council member on or after June 30, 1992 on a basis which treats his actual membership service as of such time as being multiplied by a factor of two (2). Any such benefit amount determined on the basis of the service crediting provisions of this subsection shall be payable without the reduction provided for in subsection (b). 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. 4. The subsections of the Code of the City of Roanoke added by this ordinance shall automatically be deemed repealed as of the sunset date described below and, except as otherwise provided below, shall have no force and effect on and after the sunset date. For purposes hereof, the sunset date is the effective date as to the City of Roanoke Pension Plan of regulations under ~401(a)(4) of the Internal Revenue Code now or hereafter issued by the United States Department of Treasury which would cause the qualification of said Plan under ~401(a) of the Internal Revenue Code to be adversely affected because of the operation of any of the subsections added by this ordinance. Based on existing regulations, the sunset would be July 1, 1995. As of the sunset date, the benefit provided by this ordinance for each affected member shall be calculated under the provisions of this ordinance as of the day before the sunset date, and 5OO such benefit shall be treated as a minimum benefit for the member under the City of Roanoke Pension Plan. The calculation of such minimum benefit shall not be increased for increases in creditable service or average final compensation after such calculation date. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 31002-051192. AN ORDINANCE providing for membership of certain City officers in the City of Roanoke Pension Plan and establishing the terms and conditions of such membership; amending S22.1-3, Membership generally, S22.1-4.1, Membership to include Council-appointed officers, and ~22.1-4.2, Membership to exclude certain officers, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; and providing for an emergency and an effective date. WHEREAS, the City has in its employ a Director of Public Safety and a Director of Human Development who are performing valuable services for the City and its people and who are not members of the City of Roanoke Pension Plan; and WHEREAS, in order to induce these officers to remain in the employ of the City and in consideration of their services, the Council has agreed that such officers should be members of the City of Roanoke Pension Plan with prior service credit; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 22.1-3, Membership generally, Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new subsection (h): ~22.1-3. Membership generally. 501 (h) On and after July 1, 1992, any Director, appointed by the City Manager and confirmed by City Council pursuant to S7 of the City Charter, who on such date is not a member of the City of Roanoke Pension Plan, shall be a member and shall effective immediately on July 1, 1992, be accorded membership service for service prior thereto as provided in S22.1-4.1. 2. Section 22.1-4.1, Membership to include Council- appointed officers, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained as follows: ~22.1-4.1. Membership to include officers and directors. council-appointed (a) On and after June 26, 1989, the city manager, city attorney, director of finance, municipal auditor, director of real estate valuation and city clerk (hereinafter referred to as "council-appointed officers") and their successors shall be members of the City of Roanoke Pension Plan. Any council-appointed officer who was a member of the employees' retirement system on June 30, 1984, shall remain a member of the employees' retirement system. Any council-appointed officer who was not a member of the employees' retirement system on June 30, 1984, shall be deemed a member of the employees' supplemental retirement system and shall be accorded membership service for all service as an employee, whether or not continuous, including services prior to June 26, 1989. (b) On and after July 1, 1992, any director, appointed by the city manager and confirmed by City Council pursuant to ~7 of the City Charter, shall be a member of the City of Roanoke Pension Plan. Any such officer who was a member of the employees' retirement system on June 30, 1984, shall remain a member of the employees' retirement system. Any such officer who was not a member of the employees' retirement system on June 30, 1984, shall be deemed a member of the employees' supplemental retirement system and shall be accorded membership service for all service as an employee, whether or not continuous, including services prior to July 1, 1992. 3. Section 22.1-4.2, Membership to exclude certain officers, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained as follows: ~22.1-4.2. Membership to exclude certain officers. 5O2 Notwithstanding any other provisions of this Code, on and after October 1, 1979, any assistant city manager, appointed by the city manager and confirmed by city council pursuant to S21.1 of the City Charter, shall, upon execution of an irrevocable option to participate in a deferred compensation plan approved bycity council in lieu of participation in the employees' retirement system or the employees' supplemental retirement system, not be included in membership of the employees' retirement system or the employees' supplemental retirement system. 4. On and after July 1, 1992, any payment by the City to the ICMA Retirement Corporation Deferred Compensation Plan ("ICMA") on behalf of any such Director shall terminate. To the extent and only to the extent that Ordinance no. 24839, adopted September 10, 1979, requires a contribution to ICMA on behalf of any such Director and precludes any such officer from participation in the City of Roanoke Pension Plan, Ordinance No. 24839 is superseded by this Ordinance. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 1992. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 31003-051192. AN ORDINANCE amending S22.1-44, Normal service retirement, ~22.1-45, Early service retirement allowance, and ~22.1-62, Retirement and service retirement allowance generally, of Chapter 22.1, Pensions and Retirement, relating to participation of certain City officers in the City of Roanoke Pension Plan and establishing certain terms and conditions of such membership; providing for an emergency and effective date; and providing for the sunset of this ordinance should certain existing or future regulations under the Internal Revenue Code promulgated bythe United States Department of Treasury regarding the qualification of public sector pension plans become effective. follows: BE IT ORDAINED by the Council of the City of Roanoke as 503 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordatned by the addition of the following new section (i) to S22.1-44, Normal service retirement, of Chapter 22.1, Pensions and Retirement: S22.1-44. Normal service retirement. Benefit calculation rule for council-appointed officers on or after June 30~ 1992. For purposes of subsection (c) (but not the minimum benefit under subsection (g)), a member shall have his benefit calculated under subsection (c) at any time he is a council-appointed officer (as defined in ~22.1-4.1) on or after June 30, 1992 on a basis which treats his actual membership service as of such time as being multiplied by a factor of two (2). 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new subsection (g) to ~22.1-45, Early service retirement allowance, of Chapter 22.1, Pensions and Retirement: ~22.1-45. Early service retirement allowance. (g) Benefit calculation rule for council-appointed officers on or after June 30~ 1992. For purposes of subsection (b) (but not the minimum benefit under subsection (e), a member shall have his benefit amount calculated under subsection (b) at any time he is a council-appointed officer (as defined in ~22.1-4.1) on or after June 30, 1992 on a basis which treats his actual membership service as of such time as being multiplied by a factor of two (2). Any such benefit amount determined on the basis of the service crediting provisions of this subsection shall be payable without the reduction provided for in subsection (b). 3. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new subsection (f) to S22.1-62, Retirement and service retirement allowance generally, of Chapter 22.1, Pensions and Retirement: ~22.1-62. Retirement and service retirement allowance generally. 5O4 (f) Minimum benefit for council-appointed officers on or after June 30t 1992. Notwithstanding the regular amount of benefit calculated under subsection (c) or and as an alternative to the minimum benefit provided for under subsection (e), a member who is a council-appointed officer on or after June 30, 1992 shall be entitled to a minimum benefit equal to his benefit calculated under the ESRS as of the date he last is a council-appointed officer as though he were a member of the ESRS and not a member of the ERS. Any such minimum benefit determined pursuant to this subsection shall be payable without any reduction otherwise applicable under S22.1-63(a) where such minimum benefit is payable as an early service retirement allowance. 4. In order to provide of 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. 5.. The subsections of the Code of the City of Roanoke added by this ordinance shall automatically be deemed repealed as of the sunset date described below and, except as otherwise provided below, shall have no force and effect on and after the sunset date. For purposes hereof, the sunset date is the effective date as to the City of Roanoke Pension Plan of regulations under S401(a)(4) of the Internal Revenue Code now or hereafter issued by the United States Department of Treasury which would cause the qualification of said Plan under ~401(a) of the Internal Revenue Code to be adversely affected because of the operation of any of the subsections added by this ordinance. Based on existing regulations, the sunset date would be July 1, 1995. As of the sunset date, the benefit provided by this ordinance for each affected member shall be calculated under the provisions of this ordinance as of the day before the sunset date, and such benefit shall be treated as a minimum benefit for the member under the City of Roanoke Pension Plan. The calculation of such minimum benefit shall not be increased for increases in creditable service or average final compensation after such calculation date. ATTEST: City Clerk APPROVED 5O5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1992. No. 31004-051192. AN ORDINANCE relating to payment of deferred compensation on behalf of Constitutional Officers of the City; authorizing the Director of Finance to execute any documents required to implement this ordinance; and providing for an emergency. WHEREAS, the Clerk of Circuit Court, Commissioner of Revenue, Commonwealth's Attorney, Sheriff and Treasurer (hereinafter referred to collectively as "Constitutional Officers") are rendering valuable services to this City and its people; and WHEREAS, City Council is desirous of deferring certain compensation to be contributed by the City on behalf of each of such officers to the International City Management Association Retirement Corporation Deferred Compensation Plan (hereinafter "ICMA"); THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Director of Finance is hereby directed to pay to ICMA as deferred compensation on behalf of each of the Constitutional Officers holding office on January 1, 1993, and each of their successors the amount of $3,750.00 for the calendar year commencing January 1, 1993, and for each calendar year thereafter. 2. The amount contributed on behalf of any such officer shall not exceed the maximum permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis in any calendar year. 3. The Director of Finance shall be authorized, for and on behalf of the City, to execute all Jotnder Agreements with such officers as may be necessary to permit their participation in ICMA and any other documents required by ICMA to implement this ordinance. 4. In order to provide for the usual dally 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: ~_~.~_~A P P City Clerk ROVED Mayor 5O6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 31005-051192. 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 prior to July 1, 1991, shall effective July 1, 1992, be increased by three (3) percent of itself. 2. The increase in benefits provided for in Paragraph 1 of this ordinance shall apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: Any member of the Employees' Supplemental Retirement System (hereinafter "ESRS") or of the Employees' Retirement System (hereinafter "ERS") retired under S22.1-44, Normal Service Retirement, or under S22.1- 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 be 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 Any member of ESRS or ERS retired under ~22.1-48, Occupational Disability Retirement Allowance, or under ~22.1-66, Occupational 507 Disability Retirement respectively, of the regardless of number creditable service; or Allowance, City Code, of years of de Any member of the ESRS retired under S22.1- 45, Early Service Retirement Allowance, or S22.1-46, 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 ee Any surviving spouse of a member, provided such surviving spouse is entitled to benefits under Article III, EmDloyees' Supplemental Retirement System, or under Article IV, Employees' Retirement System, of Chapter 22.1, Pensions and Retirement, of the City Code, and further provided that the deceased member through whom the surviving spouse is entitled to benefits would qualify, if alive, under paragraphs 2.a., 2.b., 2.c., or 2.d of this ordinance; or fe 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. Effective July 1, 1993, any member of the City of Roanoke Pension Plan (hereinafter "member") retired prior to July 1, 1992, or any surviving spouse of such member (hereinafter "surviving spouse"), provided such member or surviving spouse qualifies under Paragraph 2 supra on July 1, 1993, shall be entitled to a lump sum payment in the amount of three (3) percent of such member's or surviving spouse's annual retirement allowance, 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, 1993. Such lump sum payment shall be made on or before July 31, 1993. 5O8 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on July 1, 1992. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 31006-051192. AN ORDINANCE amending and reordaining S32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to establish a new cigarette tax rate of $.007 per cigarette; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: S32-190. Levied; amount. In addition to all other taxes of every kind now imposed by law, there is hereby levied and imposed by the City, upon each and every sale of cigarettes, a tax equivalent to $.007 per cigarette (seven mills per cigarette) sold within the City, the amount of such tax to be paid by the seller in the manner and at the time prescribed in this Article. 2. This ordinance shall be in full force and effect on and after July 1, 1992. APPROVED ATTEST: City Clerk 509 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 31007-051192. AN ORDINANCE amending and reordaining S32-240, Levied; rate, Code of the City of Roanoke (1979), as amended, to establish a new transient occupancy tax rate; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-240, Levied; rate, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: S32-240. Levied; rate. There is hereby imposed and levied on each and every transient a tax equivalent to five (5) percent of the total amount paid for room rental by or for such transient to any hotel. 2. Where any hotel has entered in to a written contract prior to May 11, 1992, which contract provides for room rental to transients at a fixed price which includes all taxes, then each room rental under such contract shall be subject to a tax at the rate of four (4) percent of the total amount paid for such rental. 3. This ordinance shall be in full force and effect on and after July 1, 1992. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 31009-051192. A RESOLUTION requesting the U.S. Congressman for the Sixth District to pursue the inclusion of the City of Roanoke in the Appalachian Regional Commission. 510 WHEREAS, the Appalachian Regional Commission (ARC) was formed in 1965 to enhance the economic development and the quality of life of the people in the Appalachian area of the United States; and WHEREAS, ARC, through its federal, state and local partnership, has pursued its mission in a very effective manner by supporting local economic development projects and could be of great assistance to the City of Roanoke in its economic development efforts; and WHEREAS, the City of Roanoke has significant economic linkages with the counties and cities in the ARC region of western/southwestern Virginia and southeastern West Virginia, and recognizes the need to approach economic development from a regional perspective; and WHEREAS, the ARC region currently includes three counties adjacent to and having close economic and social ties with the City of Roanoke; and WHEREAS, the City of Roanoke's ability to promote industrial growth within this region of the Commonwealth of Virginia could be greatly enhanced by participation in the Appalachian Regional Commission. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City of Roanoke, Virginia requests Sixth District Congressman Jim Olin to pursue the inclusion of the City of Roanoke in the membership of the Appalachian Regional Commission. 2. The City Clerk is directed to transmit Congressman Olin an attested copy of this resolution. A P ATTEST: ~6L~-J~w----- City Clerk PROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of May, 1992. No. 31010-051192. A RESOLUTION approving the issuance of bonds of the City of Roanoke Redevelopment and Housing Authority (the "Authority") for the benefit of Michael G. Morgan (the "Developer"), to the extent required 511 by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"). WHEREAS, the Authority has considered the application of the Developer for the issuance of the Authority's revenue bonds or notes in an amount not to exceed $4,600,000.00 (the "Bonds") to assist the Developer (or a corporation of which he is the majority stockholder or a limited partnership of which he or such a corporation is the general partner)in the acquisition, rehabilitation and equipping of a 168-unit apartment complex located at 100 Kimball Avenue in the City of Salem, Virginia, known as Mount Regis Village Apartments (including all common areas and facilities comprising a part of such complex, the "Facility"), and has held a public hearing thereon on May 11, 1992; and WHEREAS, the Facility will be owned and operated by the Developer (or such corporation or limited partnership), except that the Facility might be managed by an unrelated entity employed for that purpose by the owner of the Facility; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), and the Council of the City (the "Council") constitutes the elected legislative body of the City; and WHEREAS, the Authority has requested that the Council approve the issuance of the Bonds to comply with Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code; and WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AS FOLLOWS: 1. The Council hereby approves the financing of the Facility and the issuance of the Bonds by the Authority for the benefit of the Developer (or such corporation or limited partnership), as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds, the creditworthiness of the Developer (or such corporation or limited partnership) or the financial viability of the Facility. The Bonds shall provide that neither the Commonwealth of Virginia (the Commonwealth) nor any political subdivision thereof, including the City, the Authority and the City of Salem, shall be obligated to pay 512 the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and that neither the faith or credit not the taxing power of the Commonwealth or any political subdivision thereof, including the City, the Authority and City of Salem, shall be pledged thereto. 3. For purposed of Section 36-19 (9) of the Virginia Code, the Council approves the loan of the proceeds of the Bonds by the Authority to the Developer (or such corporation or limited partnership) to finance the Facility and thereby assist in planning, developing, acquiring, constructing, rehabilitating and equipping residential buildings. e adoption. This resolution shall take effect immediately upon its ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 30985-051892. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 209, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-l, 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 S36.1-693, 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 11, 1992, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke 513 (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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 209 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located on the north side of Pioneer Road at Williamson Road, N.W., and designated on Sheet No. 209 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2090215, be, and is hereby rezoned from C-1, Office District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the First Amended Petition, filed in the Office of the City Clerk on March 31, 1992, and that Sheet No. 209 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 30991-051892. AN ORDINANCE providing for the vacation of a portion of a certain storm drain easement located on Lot 10, Maple Tree Townhouses 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 hereby authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate instrument vacating and releasing the City's interest in a 3.25 foot by 31.00 foot portion of a storm drain easement currently being encroached upon by a structure on Lot 10, Maple Tree Townhouses, 514 said instrument to include provisions that the developer, Gainsboro Neighborhood Development Corporation, or its successor, be responsible for and indemnify and hold the City harmless from any and all costs or claims relating to any use, condition, or maintenance of the remaining portion of said storm drain that may result from the encroachment or vacation authorized herein, all as more particularly described in the report from the Water Resources Committee to this Council dated May 11, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 30992-051892. AN ORDINANCE providing for the sale of a certain .055 acre parcel of City owned property and the dedication to the Virginia Department of Transportation of certain City owned right-of-way located in the Beaverdam Reservoir Watershed upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate quitclaim deed conveying to Malcom M. Doubles, to be added to Grantee's adjacent property, a certain .055 acre parcel located in the City's Beaverdam Reservoir Property on Jeter's Chapel Mountain Road (Route 635), Bedford Co., Virginia, in the vicinity of Jeter's Chapel Union Church for the consideration of $150.00, as more particularly set forth in the report from the Water Resources Committee to this Council dated May 11, 1992. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate plat and other documentation dedicating a new fifty (50) foot right-of-way needed by the Virginia Department of Transportation to improve Route 635 through portions of 515 the Beaverdam Reservoir Property to provide for widening, straightening, realigning and other improvements to the road, as more particularly set forth in the report from the Water Resources Committee to this Council dated May 11, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31008-051892. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Sec. 2-222, Monitorinq of franchise payments; by amending and reordaining Sec. 32-1, Definitions, Sec. 32-173, Duty of seller to collect~ report and remit, Sec. 32-174, Seller's records, Sec. 32-175, Duty of director of finance to collect, Sec. 32-176, Failure to pay, violations of article, Sec. 32-216, Definitions, Sec. 32-217, Levied; rate, subsections (a), (b) and (c) of Sec. 32-221, Report and remittance, Sec. 32-222, Failure to collect~ report or remit, Sec. 32-223, Records to be kept, Sec. 32-225, Temporary or transient places of amusement or entertainment, Sec. 32-226, Violations of article, Sec. 32-227, Powers and duties of director of finance under article, Sec. 32-243, Report and remittance, Sec. 32-244, Failure to collect~ report or remit, Sec. 32-245, Records to be kept, Sec. 32-247, Violations of article, Sec. 32-248, Powers and duties of director of finance under article, Sec. 32-277, Duty of seller to collect~ report and remit; duties of local officials, and Sec. 32-278, Seller's records; and by adding new Sec. 2-240, Monitorinq of franchise payments, new Sec. 32- 177, Failure to remit, new Sec. 32-178, Monitorinq tax Dayments, new Sec. 32-226.1, Penalty for late remittance or false return, new Sec. 32-228, Monitorinq tax Dayments, new Sec. 32-247.1, Penalty for late remittance or false return, new Sec. 32-249, Monitoring tax Dayments, and new Sec. 32-282.1, Monitorinq tax payments, such repeal, amendments and additions to transfer authority for assessment and collection of the franchise fees, utility tax, admissions tax, transient occupancy tax and special tax on consumers of local telephone services from the Commissioner of Revenue to the Director 516 of Finance; to increase the penalty for failure to report or pay utility, admissions or transient occupancy tax to a Class misdemeanorl to provide a monetary penalty for a late remittance or false return for admissions and transient occupancy taxi to clarify the method of calculation of the admissions taxi to provide a uniform payment date and record retention period for the above taxesl to impose a monitoring requirement on the Director of Finance for the above taxesl and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-222, Monitoring of franchise payments, of Article X, Commissioner of the Revenue, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. Sec. 32-1, Definitions, of Article I, In General, Sec 32-173, Duty of seller to collectt report and remit, Sec. 32-174, Seller's records, Sec. 32-175, Duty of director of finance to collect, Sec. 32-176, Failure to pay; violations of article, of Article VII, Tax on Purchase of Utility Services, Sec. 32-216, Definitions, Sec. 32-217, Levied; rate, subsections (a), (b) and (c) of Sec. 32-221, Report and remittance, Sec. 32-222, Failure to collectt report or remit, Sec. 32-223, Records to be kept, Sec. 32-225, Temporary or transient places of amusement or entertainment, Sec. 32-226, Violations of article, Sec. 32-227, Powers and duties of director of finance under article, of Article IX, Admissions Tax, Sec. 32-243, Report and remittance, Sec. 32-244, Failure to collect~ report or remit, Sec. 32-245, Records to be kept, Sec. 32-247, Violations of article, and Sec. 32-248, Powers and duties of director of finance under article, of Article X. Transient Occupancy Tax, Sec. 32-277, Duty of seller to collectr report and remit; duties of local officials, Sec. 32-278, Seller's records, of Article XIII, Special Tax on Consumers of Local Telephone Service, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is further amended and reordained to read and provide as follows, namely= CHAPTER 32. TAXATION. Article I. In General. Sec. 32-1. Definitions. The following words, when used in this chapter, shall have the following respective meanings, unless the context clearly indicates a different meaning: Assessment: The act of determining and fixing, for tax purposes, the value of real estate situate within the corporate limits of the city. 517 Assessor: The assessor of real estate for taxation, known in this city as the director of real estate valuation, and appointed pursuant to the provisions of section 32-36 through 32-37.1 of this chapter. Commissioner: The commissioner of the revenue of the city. Director of Finance: The director of finance of the city. License inspector: The license inspector of the city. Treasurer: The treasurer of the city. Article VII. Tax on Purchase of Utility Services. Sec. 32-173. Duty of seller to collect~ report and remit. Every seller with respect to which a tax is levied under this article shall collect the amount of tax imposed under this article from the purchaser on whom the same is levied at the time of collecting the purchase price charged for the utility service. Taxes collected by the seller shall be held in trust by the seller until remitted to the city. Every seller with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the director of finance may prescribe and require, showing the amount of utility services purchased, the tax required to be collected and the name and address of any purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. Sec. 32-174. Seller's records. Each and every seller shall keep and preserve for a period of three (3) years complete records showing all purchases of utility service in the city, which records shall show the price charged against each purchaser with respect to each purchase, the date thereof, and the date of payment thereof, and the amount of tax imposed under this article. The director of finance shall have the power to 518 examine such records at reasonable times and without unreasonable interference with the business of the seller, for the purpose of administering and enforcing the provisions of this article and to make copies of all or any parts thereof. Sec. 32-175. Duty of director of finance to collect. The director of finance shall be charged with the duty of collecting the taxes levied and imposed by this article and shall cause the same to be paid into the general treasury of the city. Sec. 32-176. Failure to pay; violations of article. Any purchaser failing, refusing or neglecting to pay the tax imposed or levied by this article and any seller, or any officer, agent or employee of any seller, violating the provisions of this article shall be guilty of a Class 1 misdemeanor. Such conviction shall not relieve any such person from the payment of the tax imposed by this article. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. Article IX. Admissions Tax. Sec. 32-216. Definitions. The following words and phrases, when used in this article, shall have the following respective meanings, except where the context clearly indicates a different meaning: Admission charqe: The charge made for each admission to any amusement or entertainment, exclusive of any federal tax thereon, but including a charge made for season tickets, whether obtained by contribution or subscription, and including a cover charge or a charge made for the use of seats or tables, whether reserved or otherwise, and for similar accommodations in the city. Sec. 32-217. Levied; rate. A tax on the amount paid for the admission to any place of amusement or entertainment is hereby levied upon and shall be collected from every person who pays an admission charge to such place. The rate of this tax shall be five 519 percent (5%) of the stated admission charge for each person admitted or for each ticket sold. Except as otherwise provided in section 32-218, if any person is admitted free to any place of amusement or entertainment at any time when an admission charge is made to other persons, an equivalent tax is hereby levied upon, and shall be collected from, such person so admitted free of an admission charge, which tax shall be based on the price charged to such other persons of the same class for the same or similar accommodations. Sec. 32-221. Report 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 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. (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, 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. (c) If the remittance under this section is by check or money order, the same shall be payable to the city and all remittances received hereunder by the director of finance shall be promptly turned over to the city treasurer. 52O Sec. 32-222. Failure to collectt report or remit. (a) If any person shall fail or refuse to remit to the treasurer the tax required to be collected and paid under this article, within the time and in the amount specified in this article, there shall be added to such tax by the director of finance interest at the maximum yearly rates authorized by general law of commonwealth, as provided for in section 58.1-15, Code of Virginia (1950), as amended, on the amount of the tax for each year or portion thereof from the first day following the day upon which the tax is due. (b) If any person shall fail or refuse to collect such tax and to make, within the time provided in this article, any report and remittance required by this article, the director of finance shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the director of finance shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such person the tax and penalties provided for by this article and shall notify such person by registered mail sent to his last known place of address of the total amount of such tax and interest and penalties, and the total amount thereof shall be payable within ten (10) days from the date of such notice. Sec. 32-223. Records to be kept. It shall be the duty of every person liable for the collection and payment to the city of any tax imposed by this article to keep and preserve, for a period of three (3) years, such suitable records as may be necessary to determine the amount of such tax, which records the director of finance shall have the right to inspect at all reasonable times. Sec. 32-225. Temporary or transient places of amusement or entertainment. (a) Whenever any place of amusement or entertainment makes an admission charge which is subject to the tax levied by this article and the operation of such place is of a temporary or transitory nature, the director of finance shall require the report and remittance of the admission tax to be made on the day following its collection, if the operation is for one day only, or on the 521 day following the conclusion of a series of performances or exhibitions conducted or operated on more than one day, or at such other reasonable time or times as the director of finance shall determine. (b) Before any temporary or transient amusement or entertainment shall begin operation, and before any license shall be issued therefor, if a license is required, the person operating the same shall deposit with the treasurer a sum of money, or in lieu thereof a bond with corporate surety conditioned upon the faithful compliance with this article and in form approved by the city attorney, in an amount to be estimated by the director of finance as sufficient to cover the admission tax required to be collected by such person under the provisions of this article, which money or bond shall be security for the collection and payment to the city of the admission tax. Upon the report being filed and payment being made pursuant to this section, the city treasurer shall refund the deposit, or surrender the bond, as the case may be. Should any person fail to file such report or pay such amount of tax collected within five (5) days from the termination of the operation of such amusement or entertainment, the director of finance may thereupon assess such person with the tax computed on the basis of the best information available to him and proceed to collect the tax out of the deposit, or by virtue of the bond, and by any other lawful means. Sec. 32-226. Violations of article. Any person violating or failing to comply with any of the provisions of this article shall be guilty of a Class 1 misdemeanor. Conviction for such violation shall not relieve any person from the payment, collection or remittance of the tax provided in this article. Sec. 32-227. Powers and duties of director of finance under article. It shall be the duty of the director of finance or his designee to ascertain the name of every person operating a place of amusement or entertainment in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect the tax or to make, within the time provided by this article, the reports or remittances required herein. The director of finance and his designee may have a summons or warrant of arrest issued for such person, and may serve a copy of such summons or execute such warrant upon such person in the manner provided by law and shall make one return of the original 522 to the general district court of the city. Police powers are hereby conferred upon the director of finance and his designee while engaged in performing their duties as such under the provisions of this section and they shall exercise all the powers and authority of police officers in performing such duties. Article X. Transient Occupancy Tax. Sec. 32-243. Report and remittance. (a) The person collecting any tax levied by 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 room rental charges collected, and the tax required to be collected, and shall sign and deliver the same to the treasurer, with a remittance of the tax. Such reports and remittances shall be made on or before the twentieth day of each month covering the amount of tax collected during the preceding month. (b) Any person operating a hotel regularly throughout the year may, upon written application to, and with the written consent of, the director of finance, 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. (c) If the remittance provided for in this section is by check or money order, the same shall be payable to the city and all remittances received hereunder by the director of finance shall be promptly turned over to the treasurer. Sec. 32-244. Failure to collect~ report or remit. (a) If any person shall fail or refuse to remit to the treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director of finance interest at the maximum yearly rates authorized by general law of the commonwealth, as provided 523 for in section 58.1-15, Code of Virginia (1950), as amended, on the amount of the tax for each year or portion thereof from the first day following the day upon which the tax is due. (b) If any person shall fail or refuse to collect the tax levied by this article and to make, within the time provided in this article, any report and remittance required by this article, the director of finance shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the director of finance shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such person the tax and penalties provided for by this article and shall notify such person by registered mail sent to his last known place of address of the total amount of such tax and interest and penalties, and the total amount thereof shall be payable within ten (10) days from the date of such notice. Sec. 32-245. Records to be keDt. It shall be the duty of every person liable for the collection and payment to the city of any tax imposed by this article to keep and preserve, for a period of three (3) years, such suitable records as may be necessary to determine the amount of such tax, which records the director of finance shall have the right to inspect at all reasonable times. Sec. 32-247. Violations of article. Any person violating or failing to comply with any of the provisions of this article shall be guilty of a Class 1 misdemeanor. Conviction of such violation shall not relieve such person from the payment, collection or remittance of the tax provided for in this article. Sec. 32-248. Powers and duties of director of finance under article. It shall be the duty of the director of finance or his designee to ascertain the name of every person operating a hotel in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect the tax or to make, within the time provided by 524 this article, the reports or remittances required herein. The director of finance and his designee may have a summons issued for such person, and may serve a copy of such summons upon such person in the manner provided by law and shall make one return of the original to the general district court of the city. Police powers are hereby conferred upon the director of finance and his designee while engaged in performing their duties as such under the provisions of this section and they shall exercise all the powers and authority of police officers in performing such duties. Article XIII. Special Tax on Consumers of Local Telephone Service. Sec. 32-277. Duty of seller to collect, report and remit; duties of local officials. (a) It shall be the duty of every seller in acting as the tax collecting medium or agency for the city to add the amount of the tax imposed and levied by this article to all periodic bills it renders to nonexempt purchasers of local telephone service and to collect the tax imposed and levied by this article for the use of the city from purchasers at the time it collects charges for local telephone service. The taxes collected during each calendar month shall be reported by each seller separately from any other local taxes being collected by the seller on behalf of the city, on or before the twentieth day of the calendar month thereafter, together with the name and address of any purchaser who has refused to pay the tax. The seller shall file such report with and remit to the treasurer the taxes so collected and reported. The report required by this section shall be in the form prescribed by the director of finance. (b) The director of finance shall be charged with the power and duty of collecting the tax levied and imposed by this article and shall cause the same to be paid into the general treasury of the city. Sec. 32-278. Seller's records. Each and every seller shall keep complete records showing all purchases of local telephone service in the city, which 525 records shall show the price charged against each purchase, the date thereof and the date of payment thereof and the amount of tax imposed under this article. Such records shall be kept at the seller's offices for a period of three (3) years for inspection by the director of finance of the city and his duly authorized agents at reasonable times during normal business hours, and the duly authorized agents of the city shall have the right, power and authority to make transcripts or copies thereof during such times as they may desire. 3. The Code of the City of Roanoke (1979), as amended, shall be amended and reordained by the adding new Sec. 2-240, Monitorinq of franchise payments, new Sec. 32-177, Failure to remit, new Sec. 32-178, Monitorinq tax payments, new Sec. 32-226.1, Penalty for late remittance or false return, new Sec. 32-228, Monitorinq tax payments, new Sec. 32-247.1, Penalty for late remittance or false return, new Sec. 32-249, Monitorin~ tax payments, and new Sec. 32- 282.1, Monitoring tax pasanents, to read and provide as follows= CHAPTER 2. ADMINISTRATION. Article XI. Director of Finance. Sec. 2-240. Monitorin~ of franchise payments. The director of finance shall monitor and oversee the accuracy, timeliness and completeness of the payment of franchise fees which shall be remitted to the treasurer. The director of finance shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this section as are deemed necessary for the effective administration of this section. CHAPTER 32. TAXATION. Article VII. Tax on Purchase of Utility Services. Sec. 32-177. Failure to remit. If any person shall fail or refuse to remit to the treasurer the tax required to be collected and paid under this article, within the time and in the amount specified 526 in this article, there shall be added to such tax by the director of finance a penalty of ten percent (10%) of the amount of the tax. Sec. 32-178. Monitoring tax payments. The director of finance shall monitor and oversee the accuracy, timeliness and completeness of the payment of taxes levied under this article to the city. The director of finance shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this article as deemed necessary for the effective administration of this section. Article IX. Admissions Tax. Sec. 32-226.1. Penalty for late remittance or false return. If any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit to the treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) if the failure is not for more than thirty (30) days, with an additional ten percent (10%) of the total amount of tax owed for each additional thirty (30) days or fraction thereof during which the failure continues, not to exceed twenty-five percent (25%) in the aggregate, with a minimum penalty of two dollars ($2.00). Sec. 32-228. Monitorinq tax payments. The director of finance shall monitor and oversee the accuracy, timeliness and completeness of the payment of taxes levied under this article to the city. The director of finance shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this section as deemed necessary for the effective administration of this section. 527 Article X. Transient Occupancy Tax. S32-247.1. Penalty for late remittance or false return. If any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit to the treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) if the failure is not for more than thirty (30) days, with an additional ten percent (10%) of the total amount of tax owed for each additional thirty (30) days or fraction thereof during which the failure continues, not to exceed twenty-five percent (25%) in the aggregate, with a minimum penalty of two dollars ($2.00). Sec. 32-249. Monitoring tax Dayments. The director of finance shall monitor and oversee the accuracy, timeliness and completeness of the payment of taxes levied under this article to the city. The director of finance shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this article as deemed necessary for the effective administration of this section. Article XIII. Special Tax on Consumers of Local Telephone Service. Sec. 32-282.1. Monitoring tax Dayments. The director of finance shall monitor and oversee the accuracy, timeliness and completeness of the payment of taxes levied under this article to the city. The director of finance shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this article as deemed necessary for the effective administration of this section. 528 4. This ordinance shall be in full force and effect on and after July 1, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31011-051892. A RESOLUTION recognizing G. ROGER BARTON, as Employee Of The Year in the Public Works directorate. WHEREAS, the Director of Public Works has instituted a program to recognize the services and contributions of one of the directorate's employees by designating an Employee Of The Year; WHEREAS, G. Roger Barton is a Maintenance Mechanic III in the Building Maintenance Department at the Public Works Service Center and has been employed by the City on a permanent basis since July 1, 1970; WHEREAS, Mr. Barton has used only 8 1/2 days sick leave from 1986 through 1991, and has received a letter of commendation for his attendance; WHEREAS, Mr. Barton received a letter of commendation from District Fire Chief Bobbie S. Slayton for painting the Number One Fire Station; WHEREAS, Mr. Barton does outstanding work and shows strong leadership in his assigned area, fills in during any absence of his supervisor, and willingly accepts any task assigned him and his crew; WHEREAS, most recently Mr. Barton planned and coordinated the repairs to and restoration of Memorial Bridge which have restored the Bridge to a condition befitting a memorial to World War II veterans; and 529 WHEREAS, Mr. Barton has been selected as the Public Works directorate's Employee Of The Year for 1991-92. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council adopts this means of recognizing and commending the excellent services rendered to the City by G. ROGER BARTON, Maintenance Mechanic III. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31012-051892. A RESOLUTION endorsing and adopting a Minority Business Enterprise Plan. WHEREAS, it is the desire of City Council to maximize minority and women-owned business enterprise participation in all aspects of the City's contracting opportunities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does endorse and adopt the Minority and Women-Owned Business Enterprise Plan, dated May 18, 1992, attached to and more particularly described in a report of the City Manager dated May 18, 1992. ATTEST: APPROVED City Clerk 530 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31013-051892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDropriations Public Safety Juvenile Detention Home (1) ......... Youth Haven I (2) .............. Crisis Intervention (3) ........... 29,344,715.00 691,050.00 353,203.00 401,245.00 Revenues Grants-in-Aid Commonwealth Other Categorical Aid (4-6) 53,312,390.00 12,904,076.00 1) USDA-Expenditures 2) USDA-Expenditures 3) USDA-Expenditures 4) USDA-Juvenile Detention Home 5) USDA-Crisis Intervention 6) USDA-Youth Haven (001-054-3320-3000) (001-054-3350-3000) (001-054-3360-3000) (001-020-1234-0660) (001-020-1234-0661) (001-020-1234-0662) $ 4,668.00 458.00 1,128.00 4,668.00 458.00 1,128.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 531 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31014-051892. A RESOLUTION authorizing the execution of an agreement with Roanoke Festival in the Park. 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 Roanoke Festival in the Park to provide the City will grant credit in an amount up to $45,000.00 for use of such organization for the 1992 Festival activities. 2. The agreement shall be substantially in the form attached to the City Manager's report dated May 18, 1992. 3. The agreement shall contain such other terms and conditions deemed reasonable and appropriate by the City Manager, and the form of the agreement shall be approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31015-051892. A RESOLUTION establishing the minimum amount of public liability and property damage insurance to be provided by Roanoke Festival in the Park, for festival activities. BE IT RESOLVED by the Council of the City of Roanoke that: 532 1. Roanoke Festival in the Park shall furnish one or more public liability and property damage insurance contracts insuring the liability of such organization with regard to festival activities on or about May 22, 1992 through May 31, 1992, in the minimum amount of $1,000,000.00 per occurrence and 2,000,000.00 per aggregate. 2. The City of Roanoke, its officers, officials, agents, employees and volunteers shall be named as additional insureds on such policy or policies of insurance, and a certificate of insurance reflecting such coverage shall be filed with the City Clerk prior to May 22, 1992. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31017-051892. AN ORDINANCE authorizing the execution of Amendment No. 6 to Short Term CDBG Float Loan Agreement, as amended by Amendment Nos. 1, 2, 3, 4 and 5, with Downtown Associates and Dominion Bank, in order to provide for the extension of the term of the loan, upon certain terms and conditions; and providing for an emergency. WHEREAS, by the terms of a Short Term CDBG Loan Agreement dated November 5, 1987, and authorized by Ordinance No. 28850, adopted November 2, 1987, a loan in the amount of $962,000.00 in Community Development Block Grant funds was made to Downtown Associates for a two-year term, to provide for refinancing of the rehabilitation and redevelopment of the City Market Building; WHEREAS, Downtown Associates requested an extension of the loan period to November 23, 1990, in order to allow more time for developing the market leasing; WHEREAS, by Ordinance Nos. 29824-111389, 30311-111990, 30357-10791, 30437-31891, and 30531-52091, adopted November 13, 1989, November 19, 1990, January 7, 1991, March 18, 1991, and May 20, 1991, 533 respectively, City Council authorized the execution of Amendment Nos. 1, 2, 3, 4 and 5 to the Agreement, such amendments providing for one year and sixty (60) day extensions of the short term CDBG float loan; and WHEREAS, the Note securing Amendment No. 5 becomes due and payable on May 19, 1992, and Downtown Associates has requested a one (1) year extension of a portion of the loan upon certain terms and conditions to allow more time for developing of market leasing. THEREFORE, 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 to execute and to seal and attest, respectively, for and on behalf of the City, Amendment No. 6 to the Short Term CDBG Float Loan Agreement, dated November 5, 1987, as amended, which Agreement provided for the loan of $962,000.00 in Community Development Block Grant funds to Downtown Associates, such amendment to provide for an extension of the loan in principal amount of $500,000.00 with interest at the rate of four percent (4%) per annum, payable in arrears; such Amendment No. 6 to be in the form as is attached to the report of the City Manager dated May 18, 1992, and to be subject to the terms and conditions therein; and to be approved as to form by the City Attorney. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31018-051892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General Fund Appropriations, and providing for an emergency. 534 WHEREAS, for the usual dally operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Non-departmental Transfers to Other Funds (1) ......... Public Works Communications (2) .............. 11,988,942.00 10,852,598.00 20,181,161.00 1,653,260.00 1) Transfers to Debt Service Fund (001-004-9310-9512) $ (62,966.00) 2) Other Equipment (001-052-4130-9015) 62,966.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31019-051892. A RESOLUTION accepting bids made to the City for furnishing and delivering certain communication equipment; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Radio Communications Company, Inc., made to the City, offering to supply one (1) base station, twenty-one (21) two-way mobile radios, and thirty-six (36) paging receivers, meeting 535 all of the City's specifications and requirements therefor, for a total bid price of $38,059.00, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The bid of Motorola C&E, Inc., made to the City, offering to supply six (6) two-way portable radios, and one (1) six position charger for portable radios, and eleven (11) two-way mobile radios, meeting all of the City's specifications and requirements therefor, for a total bid price of $24,907.00, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 3. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution, as more particularly set out in a report to this Council dated May 18, 1992. 4. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31020-051892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 536 ADDropriations Non-departmental Transfers to Other Funds (1) ......... Public Works Street Maintenance (2) ............ Fund Balance Capital Maintenance & Equipment Replacement Program City Unappropriated (3) ........... 12,025,438.00 10,889,094.00 20,183,078.00 2,709,624.00 -0- 1) Transfers to Debt Service Fund 2) CMERP - City Unappropriated 3) Other Equipment (001-004-9310-9512) (001-3323) (001-052-4110-9015) (26,470.00) (38,413.00) 64,883.00 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 May, 1992. No. 31021-051892. A RESOLUTION accepting a bid made to the City for furnishing and delivering one crawler loader; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The low bid of Baker Brothers, Inc., made to the City, offering to furnish one crawler loader, meeting all of the City's specifications and requirements therefore, for the total bid price of $64,883.00, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 537 2. The City's Manager of General Services is hereby authorized to issue the requisite purchase order therefore, 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 May 18, 1992. 3. Any and all other bids made to the City for the aforesaid equipment are hereby REJECTED; and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for each bid. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of May, 1992. No. 31022-051892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Recreation Park Play Area Improvements to Four Parks (1) Capital Improvement Reserve Public Improvement Bonds - Series 1988 (2) . 1) Appropriations from Bond Funds (008-050-9679-9001) 2) Parks (008-052-9603-9180) 19,819,536.00 1,194,650.00 1,061,867.00 41,000.00 95,000.00 (95,000.00) 538 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 May, 1992. No. 31023-051892. AN ORDINANCE accepting the bid of Southern Systems, Inc., t/a Southern Playground and Equipment Co., for improvements to three City parks and the Garden City Recreation Center, 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Southern Systems, Inc., t/a Southern Playground and Equipment Co., made to the City in the total amount of $88,484.00, for improvements to play areas at Huff Lane, Thrasher and Fishburn Parks and Garden City Recreation Center, such bid being in full compliance with the City's plans and specifications made therefor, as more particularly set forth in the May 18, 1992 report of the City Manager to this Council, 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, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, 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, execution of such contract to be subject to approval of the appropriate supporting documents. 539A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31024-052692. AN ORDINANCE to amend and reordain certain sections of the 1992-93 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 1992-93 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Instructional (1-5) ............. 67,855,143.00 48,495,073.00 Revenue Grants-in-Aid Commonwealth Education (6) ................ $ 55,925,962.00 30,674,060.00 1) Special Education Aides (001-060-6001-6021-0141) $ 37,080.00 2) Social Security (001-060-6001-6021-0201) 2,836.00 3) Retirement (001-060-6001-6021-0202) 4,701.00 4) Health Insurance (001-060-6001-6021-0204) 10,100.00 5) Group Life Insurance (001-060-6001-6021-0205) 271.00 6) State Special Education Revenue (001-060-6000-0633) 54,988.00 ,559B BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 539 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: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31016-052692. AN ORDINANCE waiving the standard rental fee for use of certain City facilities for Roanoke Festival in the Park, and granting certain concession rights in conjunction with such event. WHEREAS, Council deems it appropriate to waive rental fees for the events to be held on May 22, 1992, and May 29, 1992, to be sponsored by Roanoke Festival in the Park and to grant certain concession rights in conjunction with such events. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Roanoke Festival in the Park shall be authorized use of Victory Stadium on May 22, 1992, and May 29, 1992, with waiver of the standard rental fees for such events. 2. Such organization or its designee shall be authorized, in conjunction with such events, to sell certain concessions as approved in writing by the City Manager without payment of commission. 3. The applicant organization shall furnish public liability and property damage insurance contracts insuring the liability of such organization with regard to such events on the dates 54O indicated above, in the minimum amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate. The City, its officers, officials, agents, employees and volunteers shall be named as additional insureds on such policy or policies of insurance, and a certificate of insurance reflecting such coverage shall be filed with the City Clerk prior to May 22, 1992. 4. The applicant organization shall, and by execution of this resolution, does agree to indemnify and save harmless the City, its officers, officials, agents, employees and volunteers from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of such organization's intentional acts or negligent acts or omissions related to use of City facilities and property. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31025-052692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApDropriations Education Chapter II Instructional Strategies (1) .... Chapter II 1989-90 (2) ............ Math/Science Curriculum Development (3) .... 19,012,968.00 17,784.00 170,418.00 20,793.00 541 Etsenhower Math/Science Title II (4) ..... Chapter II 1990-91 (5) ............ Alternative Education 1990-91 (6) ....... Vocational Education Teen Parents 1990-91 (7) Title II-A LPN (8) .............. Summer Youth Training, Alternative Education 1991 (9) ................... Preschool Incentive 1990 (10) ......... Special Education Inservice 1990-91 (11) . . . Child Development Clinic 1990-91 (12) ..... Child Specialty Services 1990-91 (13) ..... Juvenile Detention Home 1990-91 (14) ..... Special Education Tuition 1990-91 (15) .... Special Education Program Evaluation 1990-91 (16) ................. Preschool Incentive 1991 (17) ......... Vocational Education Equipment 1989-90 (18) . . GED Testing 1990-91 (19) ........... Marketing Education Regional Coordinator 1990-91 (20) ................. Apprenticeship 1990-91 (21) .......... Adult Basic Education 1990-91 (22) ...... Family Life Education 1988-89 (23) ...... School Volunteer Program 1988-89 (24) ..... High Risk Youth Substance Abuse 1989-90 (25) . 1990 Western Virginia Regional Science Fair (26) Governor's School 1990-91 (27) ........ Governor's Technology Initiative 1990-91 (28) . SAT Preparation 1990-91 (29) ......... 1991 Western Virginia Regional Science Fair (30) Community Opportunity Grant 1990-91 (31) . . . Microcomputer Software Subsidy 1990-91 (32) . . 27,217.00 157,185.00 347,919.00 44,564.00 917.00 36,748.00 38,531.00 4,259.00 52,253.00 65,822.00 77,400.00 266,169.00 1,949.00 63,977.00 137,549.00 4,867.00 44,911.00 98,298.00 128,001.00 45,343.00 28,699.00 21,290.00 7,675.00 759,070.00 114,660.00 2,697.00 8,221.00 495.00 4,256.00 Revenue Education Chapter II Instructional Strategies (33) . . . Chapter II 1989-90 (34) ............ Math/Science Curriculum Development (35) . . . Eisenhower Math/Science Title II (36) ..... Chapter II 1990-91 (37) ............ Alternative Education 1990-91 (38) ...... Vocational Education Teen Parents 1990-91 (39) Title II-A LPN (40) .............. Summer Youth Training, Alternative Education 1991 (41) ................. Preschool Incentive 1990 (42) ......... Special Education Inservice 1990-91 (43) . . . Child Development Clinic 1990-91 (44) ..... Child Specialty Services 1990-91 (45) ..... 19,012,968.00 17,784.00 170,418.00 20,793.00 27,217.00 157,185.00 347,919.00 44,564.00 917.00 36,748.00 38,531.00 4,259.00 52,253.00 65,822.00 542 Juvenile Detention Home 1990-91 (46) ..... Special Education Tuition 1990-91 (47) .... Special Education Program Evaluation 1990-91 (48) ................ Preschool Incentive 1991 (49) ......... Vocational Education Equipment 1989-90 (50) . . GED Testing 1990-91 (51) ........... Marketing Education Reglonal Coordinator 1990-91 (52) ............... Apprenticeship 1990-91 (53) .......... Adult Basic Education 1990-91 (54) ...... Famlly Llfe Education 1988-89 (55) ...... School Volunteer Program 1988-89 (56) ..... High Risk Youth Substance Abuse 1989-90 (57) . 1990 Western Virginia Reglonal Science Fair (58) Governor's School 1990-91 (59) ........ Governor's Technology Initiative 1990-91 (60) . SAT Preparation 1990-91 (61) ......... 1991 Western Vlrgtnta Regional Sclence Fair (62) Community Opportunity Grant 1990-91 (63) . . . Microcomputer Software Subsidy 1990-91 (64) . . 1) Inservice 2) Compensation 3) Inservice 4) Convention Travel 5) Compensation 6) Teachers 7) Teachers 8) Teachers 9) Counselors 10) Professional Fees 11) Inservice 12) Consultant 13) Consultant 14) Consultant 15) Tuition 16) Evaluation 17) Professional Fees 18) Equipment Replacement 19) Teachers 20) Coordinator 21) Professional Services 22) Teachers 23) Purchased Services (035-060-6224-6213-0587) (035-060-6225-6665-0114) (035-060-6227-6314-0129) (035-060-6228-6308-0554) (035-060-6229-6665-0114) (035-060-6423-6100-0121) (035-060-6424-6138-0121) (035-060-6426-6334-0382) (035-060-6427-6449-0123) (035-060-6581-6553-0311) (035-060-6583-6229-0587) (035-060-6584-6554-0138) (035-060-6585-6554-0138) (035-060-6586-6454-0138) (035-060-6587-6329-0312) (035-060-6588-6229-0584) (035-060-6589-6553-0311) (035-060-6741-6343-0821) (035-060-6742-6550-0121) (035-060-6743-6333-0124) (035-060-6744-6138-0313) (035-060-6745-6450-0121) (035-060-6944-6306-0381) $ 77,400.00 266,169.00 1,949.00 63,977.00 137,549.00 4,867.00 44,911.00 98,298.00 128,001.00 45,343.00 28,699.00 21,290.00 7,675.00 759,070.00 114,660.00 2,697.00 8,221.00 495.00 4,256.00 (16.00) (4,284.00) (2,045.00) (6,194.00) (7,456.00) 22,277.00 (3,937.00) (1,151.00) (6,797.00) 215.00 (1,568.00) (929.00) (409.00) 2,203.00 16,169.00 (51.00) (766.00) (1,645.00) (2,973.00) (616.00) (9,052.00) 885.OO (6,257.00) 543 24) 25) 26) 27) 28) 29) 3O) 31) 32) 33) 34) 35) 36) 37) 38) 39) 4O) 41) 42) 43) 44) 45) 46) 47) 48) 49) 50) 51) 52) 53) Coordinator Teachers Travel Teachers Computer Equipment Contracted Services Travel Equipment Software Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts Federal Grant Receipts Federal Grant Receipts Local Match Fees State Grant Receipts Fees (035-060-6948-6663-0138) (035-060-6956-6306-0121) (035-060-6959-6311-0554) (035-060-6963-6107-0121) (035-060-6966-6302-0821) (035-060-6968-6447-0313) (035-060-6972-6311-0554) (035-060-6973-6000-0821) (035-060-6974-6202-0614) (035-060-6224-1102) (035-060-6225-1102) (035-060-6227-1102) (035-060-6228-1102) (035-060-6229-1102) (035-060-6423-1102) (035-060-6424-1102) (035-060-6426-1102) (035-060-6427-1102) (035-060-6581-1102) (035-060-6583-1100) (O35-060-6584-1100) (035-060-6585-1100) (035-060-6586-1100) (035-060-6587-1100) (035-060-6588-1102) (035-060-6589-1102) (035-060-6741-1101) (035-060-6742-1103) (035-060-6743-1100) (035-060-6744-1103) $ 699.00 (5O.OO) (336.00) (34,839.00) (420.00) (1,043.00) (739.00) (5.00) (19,00) (16.00) (4,284.00) (2,045.00) (6,194.00) (7,456.00) 22,277.00 (3,937.00) (1,151.00) (6,797.00) 215.00 (1,568.00) (929.00) (409.00) 2,203.00 16,169.00 (51.00) (766.00) (1,645.00) (2,973.00) (616.00) (9,052.00) 544 54) Federal Grant Receipts 55) State Grant Receipts 56) Federal Grant Receipts 57) Local Match 58) Fees 59) Fees 60) State Grant Receipts 61) Contributions 62) Fees 63) Fees 64) State Grant Receipts (035-060-6745-1102) (035-060-6944-1100) (035-060-6948-1102) (035-060-6956-1101) (035-060-6959-1103) (035-060-6963-1103) (035-060-6966-1100) (035-060-6968-1103) (035-060-6972-1103) (035-060-6973-1103) (035-060-6974-1100) 885.00 (6,257.00) 699.00 (50.00) (336.00) (34,839.00) (420.00) (1,043.00) (739.00) (5.00) (19.oo) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31026-052692. A RESOLUTION authorizing a Reciprocal Agreement between the Town of Vlnton and the City of Roanoke providing for certain of the Town of Vinton's fire equipment to utilize the traffic signal preemption equipment within the City of Roanoke and for certain of the City of Roanoke's fire equipment to utilize the traffic signal preemption equipment within the Town of Vinton. WHEREAS, the Town of Vinton ("Town") has installed traffic signal preemption equipment at certain intersections within the Town, and the City of Roanoke ("City") has installed traffic signal preemption equipment at certain intersections within the City; and 545 WHEREAS, the Town and the City each desire that certain of each's fire equipment be permitted to utilize the traffic signal preemption equipment of the other; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to enter into a Reciprocal Agreement between the Town and the City, providing that certain fire equipment of the Town shall be permitted to utilize traffic signal preemption equipment within the City and that certain fire equipment of the City shall be permitted to utilize traffic signal preemption equipment within the Town. 2. Such Agreement shall provide for mutual indemnification and shall be approved as to form by the City Attorney. APPROVED ATTEST: /~~__ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31027-052692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 546 General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ......... Public Works Street Paving (2) .............. 12,151,908.00 11,015,564.00 20,018,195.00 1,318,603.00 Capital Fund Appropriations Traffic Engineering Colonial Ave. & Overland Road Traffic Signal (2) $ 1,389,028.00 100,000 1) Transfers to Capital Fund 2) Contractual Services 3) Appropriation from General Revenue (001-004-9310-9508) (001-052-4120-2010) (008-052-9586-9003) $ 100,000.00 (100,000.00) 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31028-052692. A RESOLUTION authorizing an amendment to the Transitional Living Center Project Agreement with Total Action Against Poverty of the Roanoke Valley, Inc. (TAP), to provide a five-month extension of the term of the contract. 547 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an amendment to the November 15, 1991, Transitional Living Center Project Agreement with Total Action Against Poverty of the Roanoke Valley, Inc. (TAP), to provide a five-month extension of the term of the contract. Except as provided herein, the agreement shall remain in full force and effect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31029-052692. A RESOLUTION authorizing the execution of a Special Order with the State Water Control Board with regard to the Roanoke Regional Sewage Treatment Plant upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest respectively, in form approved by the City Attorney, a Special Order~ issued by the State Water Control Board relating to high treatment flows at the Roanoke Regional Sewage Treatment Plant, upon agreement by the other participating jurisdictions to comply with the requirements of the Special Order, as more particularly set forth in the report by the City Manager to this Council dated May 26, 1992. APPROVED ATTEST: City Clerk 548 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31030-052692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General, and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General, and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Office of Management and Budget (1) ...... Personnel Lapse (2-3) ............. Registrar (4) ................. Real Estate Valuation (5) ........... Clerk of Circuit Court (6) .......... Director, Administration and Public Safety (7) Police Investigation (8) ........... Police Services (9) .............. Fire-Administration (10) ........... Fire-Operations (11) ............. Fire-Training and Safety (12) ......... Emergency Medical Services (13) ........ Animal Control (14) .............. Parks Maintenance (15) ............ Recreation (16) ................ Building Inspections (17) ........... Street Maintenance (18) ............ Communications (19) .............. Signals and Alarms (20) ............ Refuse Collections (21) ............ Recycling (22) ................ Custodial Services (23) ............ Engineering (24) ............... Building Maintenance (25) ........... Crisis Intervention (26) ........... Social Services - Administration (27) ..... Social Services - Income Maintenance (28) . . . Social Services - Services (29) ........ Nursing Home (30) ............... Libraries (31) ................ 289,201.00 --0-- 182,305.00 677,477.00 808,723.00 117,889.00 2,494,287.00 1,363,975.00 265,657.00 10,066,752.00 98,772.00 1,075,367.00 257,089.00 3,255,003.00 1,183,138.00 662,123.00 2,623,202.00 1,585,570.00 621,559.00 4,288,564.00 140,907.00 854,307.00 1,174,828.00 3,183,742.00 401,706.00 427,033.00 3,505,478.00 6,976,837.00 1,291,903.00 1,851,543.00 549 Revenue General Administration (32) .......... Employment Services (33) ........... Director Social Services - Administration (34) Internal Service Fund Appropriations Personnel Lapse (35) ............. Fleet Maintenance (36) ............ Utility Line Services (37) .......... 2,007,809.00 557,247.00 1,846,242.00 -0- 1,881,839.00 2,787,022.00 1) Regular Employee Salaries 2) Salary Lapse 3) Retirement Incentive Program 4) Regular Employee Salaries 5) Regular Employee Salaries 6) Regular Employee Salaries 7) Regular Employee Salaries 8) Regular Employee Salaries 9) Regular Employee Salaries 10) Regular Employee Salaries 11) Regular Employee Salaries 12) Regular Employee Salaries 13) Regular Employee Salaries 14) Regular Employee Salaries 15) Regular Employee Salaries 16) Regular Employee Salaries 17) Regular Employee Salaries 18) Regular Employee Salaries (001-002-1212-1002) (001-002-9410-1090) (001-002-9410-1095) (001-010-1310-1002 (001-023-1235-1002) (001-028-2111-1002) (001-050-1260-1002) (001-050-3112-1002 (001-050-3114-1002) (001-050-3211-1002) (001-050-3213-1002) (001-050-3214-1002) (001-050-3521-1002) (001-050-3530-1002) (001-050-4340-1002) (001-050-7110-1002) (001-052-3410-1002) (001-052-4110-1002) $ (12,460.00) (109,274.00) 275,000.00 (2,677.00) (7,000.00) (4,500.00) 650.00 (9,936.00) 9,936.00 (7,829.00) (53,613.00) (5,855.00) 15,167.00 6,560.00 (28,038.00) (13,653.00) (6,871.00) (21,539.00) 55O 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 26) Regular Employee Salaries 27) Regular Employee Salaries 28) Regular Employee Salaries 29) Regular Employee Salaries 30) Regular Employee Salaries 31) Regular Employee Salaries 32) General Admin. 33) Employment Services 34) Director of Social Services (001-052-4130-1002) (001-052-4160-1002) (001-052-4210-1002) (001-052-4211-1002) (001-052-4220-1002) (001-052-4310-1002) (001-052-4330-1002) (001-054-3360-1002) (001-054-5311-1002) (001-054-5313-1002) (001-054-5314-1002) (001-054-5340-1002) (001-054-7310-1002) (001-020-1234-0676) (001-020-1234-0681) -Administration (001-020-1234-0685) 35) Salary Lapse (006-002-9411-1090) 36) Regular Employee Salaries (006-052-2641-1002) 37) Regular Employee Salaries (006-056-2625-1002) $ (4,724.00) (13,481.00) 21,155.00 (151.00) (16,585.00) (8,122.00) (10,000.00) 1,589.00 (3,026.00) (50,000.00) (4,929.00) 24,928.00 (7,086.00) (41,259.00) (145.00) (4,960.00) 21,034.00 (10,000.00) (11,034.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 551 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31031-052692. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApDropriations Capital Outlay from Revenue Acoustical Enclosure Removal (1) $ 1,195,943.00 90,000.00 Revenue Accounts Receivable-Industrial Risk Insurance (2) .............. $ 91,419.00 1) Appropriation from Third Party 2) Industrial Risk Insurance (005-050-8635-9004) (005-1118) $ 90,000.00 (90,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 552 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of May, 1992. No. 31032-052692. AN ORDINANCE rejecting all bids for demolition and removal of the acoustical enclosure at the Civic Center Auditorium; declaring the existence of an emergency and authorizing the City Manager to negotiate and execute a contract with a qualified general contractor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. All bids received by the City for demolition and removal of the acoustical enclosure at the Civic Center Auditorium are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and express to each the City's appreciation for said bids. 3. Based upon the City Manager's determination pursuant to Section 41 of the Charter of the City of Roanoke, this Council declares that an emergency exists and authorizes the City Manager to negotiate and execute a contract with a qualified general contractor to accomplish the demolition and removal of the acoustical enclosure at the Civic Center Auditorium, in accordance with the contract documents as prepared by the City Engineer for a sum not to exceed $90,000.00. 5. In order to provide for the usual daily operation of a 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 553 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1992. No. 31033-060192. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY92 (1-16) ................ $ 2,062,507.00 Revenue Fifth District Employment & Training Consortium - FY92 (17-20) ................ $ 2,062,507.00 1) Wages 2) Fringes 3) Travel 4) Communications 5) Supplies 6) Summer Youth Institute 7) Wages 8) Fringes 9) Travel 10) Communications 11) Supplies 12) Training - Summer Youth Institute 13) Funding Authority 14) Wages 15) Wages 16) Funding Authority (034-054-9265-8010) (034-054-9265-8011) (034-054-9265-8012) (034-054-9265-8013) (034-054-9265-8015) (034-054-9265-8446) (034-054-9265-8050) (034-054-9265-8051) (034-054-9265-8052) (034-054-9265-8053) (034-054-9265-8055) (034-054-9265-8472) (034-054-9265-9990) (034-054-9261-8350) (034-054-9261-8030) (034-054-9261-9990) $ 77,500.00 15,338.00 225.00 500.00 750.00 600.00 25,461.00 2,917.00 1,200.00 1,000.00 1,300.00 3,400.00 359,356.00 (2,011.00) (6,081.00) (5,316.00) 554 17) Title Ii-B Administrative (034-034-1234-9278) 18) Title II-B Program (034-034-1234-9279) 19) Title II-A Administrative (034-034-1234-9260) 20) Title II-A Program (034-034-1234-9261) 94,913.00 394,634.00 (2,011.00) (11,397.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1992. No. 31034-060192. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation Statesman Industrial Park Storm Drain (1) . . Capital Improvement Reserve Public Improvement Bonds - Series 1992 (2) . . 2,242,240.00 489,063.00 6,773,894.00 6,311,937.00 555 1) Appropriations from Bond Funds 2) Storm Drains (008-050-9679-9001) (008-052-9700-9176) $ 2,078.00 (2,078.00) 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 1st day of June, 1992. No. 31035-060192. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay from Revenue $ 1,201,743.00 Acoustical Enclosure Removal (1) ....... 95,800.00 Revenue Accounts Receivable - Industrial Risk Insurance (2) 1) Appropriation from Third Party 2) Industrial Risk Insurance (005-050-8635-9004) (005-1118) $ 5,800.00 (5,800.00) $ 85,619.00 556 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of June, 1992. No. 31036-060192. A RESOLUTION accepting an offer of compromise settlement relating to an action filed by the City to enforce various provisions in the zoning and subdivision ordinances and in the building and plumbing codes. BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney be, and he is hereby authorized and empowered to accept an offer of compromise settlement relating to an action filed by the City to enforce various provisions in the zoning and subdivision ordinances and in the building and plumbing codes, such offer being set forth in an Agreement, dated May 18, 1992, a copy of which is on file in the Office of the City Clerk; further, the City Attorney is empowered to execute, or have executed, on behalf of the City all documents referred to in said Agreement, including an Order, dismissing City of Roanoke v. Alouf and McCullough, with prejudice. APPROVED ATTEST: City Clerk 557 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of June, 1992. No. 31039-060892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY92 Virginia Summer Food Service Program 1992 (1-10) .................. $ 1,695,866.00 109,498.00 Revenue Fifth District Employment & Training Consortium - FY92 Virginia Summer Food Service Program 1992 (11) ................... $ 1,695,866.00 109,498.00 1) Food Costs 2) Wages 3) Fringes 4) Travel 5) Supplies 6) Wages 7) Fringes 8) Travel 9) Communications 10) Supplies 11) 1992 Summer Food Service Federal Revenue (034-054-9285-8403) (034-054-9285-8050) (034-054-9285-8051) (034-054-9285-8052) (034-054-9285-8055) (034-054-9285-8350) (034-054-9285-8351) (034-054-9285-8352) (034-054-9285-8353) (034-054-9285-8355) (034-034-1234-9285) $ 91,476.00 7,533.00 730.00 4O0.00 1,500.00 5,860.00 703.00 700.00 296.00 300.00 109,498.00 558 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of June, 1992. No. 31040-060892. AN ORDINANCE authorizing the execution of a grant application made on behalf of the City of Roanoke for the United States Department of Agriculture 1992 Summer Food Service Program, and the acceptance of the subsequent grant award; authorizing the acceptance of the bid of Total Action Against Poverty in the Roanoke Valley, Inc., and award of the requisite contract to prepare and deliver the Summer Food Service Program daily meals to designated sites in the City of Roanoke; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, W. Robert Herbert, or the Assistant City Manager, is hereby authorized to execute for an on behalf of the City of Roanoke the grant application for the United States Department of Agriculture 1992 Summer Food Service Program, and accept the grant award in the amount of $109,497.50 from the United States Department of Agriculture; and the City's Director of Human Development is authorized to execute any grant conditions or assurances related thereto and to negotiate and execute appropriate interagency cooperation agreements in order to implement the program funded by the grant, as requested in a report of the City Manager dated June 8, 1992. 2. The bid of Total Action Against Poverty in the Roanoke Valley, Inc., made to the City offering to prepare and deliver the Summer Food Service Program daily meals to designated sites in the City of Roanoke, for an average cost per meal of $1.805 to $1.835 (lunch) and $1.0275 to $1.0575 (breakfast), is hereby ACCEPTED. 559 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as approved by the City Attorney. 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: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of June, 1992. No. 31041-060892. AN ORDINANCE ratifying an emergency award of a contract for demolition and removal of the orchestra shell at the Roanoke Civic Center, and providing for an emergency. WHEREAS, Section 41 of the City Charter authorizes the City Manager in an emergency to cause public work to be done by direct employment of the necessary labor without the necessity for advertising and receiving bids, and said section further requires the City Manager to report the facts and circumstances relating to such award to the Council at its next regular meeting; WHEREAS, by reports of May 26, 1992 and June 8, 1992, the City Manager has advised of an emergency award of a contract for demolition and removal of the orchestra shell at the Roanoke Civic Center. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The emergency award of a contract to Payne Construction Company for the demolition and removal of the orchestra shell at the Civic Center in the amount of $95,800.00 on or about June 1, 1992, is 56O hereby RATIFIED; and the Director of Finance is hereby authorized and directed to make requisite payment to said contractor pursuant to the contract. 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 8th day of June, 1992. No. 31042-060892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Park Maintenance (1) ............ Street Maintenance (2) ........... Non-Departmental ............... Transfers to Other Funds (3) ........ 20,376,943.00 3,351,513.00 2,738,476.00 11,780,857.00 10,753,357.00 1) Other Equipment 2) Maintenance of Fixed Assets 3) Transfers to Debt Service Fund (001-052-4340-9015) (001-052-4110-9015) (001-004-9310-9512) 68,472.00 93,735.00 (162,207.00) 561 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of June, 1992. No. 31043-060892. A RESOLUTION accepting bids for Mowing Tractors and Loaders and rejecting other bids. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Purchase Number Description Successful Bidder Price 1 1 - New Boone Tractor and $13,522.00 Institutional/ Implement Company Recreational Mower Type Tractor 3 2 - New Tractor Boone Tractor and $18,000.00 Loaders (Right of Implement Company each Way Maintenance Type) 4 1 - New Self Propelled Force Feed Loader MSC Equipment, Inc. $93,734.85 1 - New Tractor Mower (Right of Way Type) Boone Tractor and Implement Company $18,950.00 562 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this ordinance. 3. Any and all other bids made to the City for the aforesaid items and for Item Number 2 of such bid are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of June, 1992. No. 31044-060892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual dally operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant 1989-1990 (1-18) ........ Community Development Block Grant 1990-1991 (19-36) ....... 2,398,828.00 2,457,702.00 563 Revenue Community Development Block Grant 1989-1990 (37) Community Development Block Grant 1990-1991 (38) 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) TAP Customized Job Training Stabilize Old First Baptist Loudon Avenue New Houses Vacant Lot Homesteading Demolition Postage - Housing Emergency Home Repair Fairfax Avenue Clearance (RRHA) L/M Housing Downpayment Assistance Program Development Mini Grants Urban Renewal Dis- position (RRHA) First Street (Henry Street) (RRHA) Henry Street - City Deanwood Addition ( RRHA ) Neighborhood Plans Preservation Technical Assistance Downtown Facade Grants TAP Customized Job Training Stabilize Old First Baptist Loudon Avenue New Houses Vacant Lot Homesteading Demolition Postage - Housing Emergency Home Repair (035-089-8938-5218) (035-089-8937-5215) (035-089-8920-5217) (035-089-8920-5104) (035-089-8920-5108) (035-089-8920-5116) (035-089-8920-5168) (035-089-8920-5172) (035-089-8920-5216) (035-089-8925-5121) (035-089-8925-5122) (035-089-8930-5138) (035-089-8930-5144) (035-089-8930-5156) (035-089-8930-5157) (035-089-8937-5163) (035-089-8937-5170) (035-089-8937-5201) (035-090-9038-5218) (035-090-9037-5215) (035-090-9020-5217) (035-090-9020-5104) (035-090-9020-5108) (035-090-9020-5116) (035-090-9020-5168) (6,324 (41,500 (6,529 (20,213 (4,398 (410 (14,600 (8,558 (50,000 (497 (8,046 (480 (3,836 (462 (11,697 (27,464 (12,609 (36,048 6,324 41,500 6,529 20,213 4,398 410 14,600 2,398,828.00 2,457,702.00 .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .oo) .00 .00 .00 .00 .00 .00 .00 564 26) Fairfax Avenue Clearance (RRHA) (035-090-9020-5172) 27) L/M Housing Downpayment Assistance (035-090-9020-5216) 28) Program Development (035-090-9025-5121) 29) Mini Grants (035-090-9025-5122) 30) Urban Renewal Dis- position (RRHA) (035-090-9030-5138) 31) First Street (Henry Street) (RRHA) (035-090-9030-5144) Henry Street - City (035-090-9030-5156) 32) 33) Deanwood Addition (R~HA) 34) Neighborhood Plans 35) Preservation Technical Assistance 36) Downtown Facade Grants 37) CDBG Entitlement B89MC510020 38) CDBG Carryover - 1990 (035-090-9030-5157) (035-090-9037-5163) (035-090-9037-5170) (035-090-9037-5201) (035-035-1234-9001) (035-035-1234-9123) $ 8,558.00 50,000.00 497.00 8,046.00 480.00 3,836.00 462.00 11,697.00 27,464.00 12,609.00 36,048.00 (253,671.00) 253,671.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of June, 1992. No. 31045-060892. A RESOLUTION authorizing the execution of an interjurisdictional agreement to provide for the development, administration, and operation of cable television educational and institutional facilities and programming upon certain terms and conditions. 565 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an interJurisdictional agreement with the County of Roanoke and the Town of Vinton formally establishing the Roanoke Valley Regional Cable Television Committee and authorizing such Committee to provide for the development, administration, and operation of cable television educational and institutional facilities and programming to be funded by each jurisdiction allocating up to one percent of the cable operator's gross revenues, such agreement to contain other appropriate and necessary terms and conditions in substantially the form set forth in the report to this Council from the Chairman of the Regional Cable Television Committee dated June 8, 1992. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of June, 1992. No. 31046-060892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Sewage and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Sewage and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Sewaqe Fund Appropriations Capital Outlay Peters Creek Flood Reduction - Phase I (1) $ 1,176,907.00 56,300.00 566 Retained Earninqs Retained Earnings - Unappropriated (2) $ 15,142,770.00 Capital Fund Appropriations Other Infrastructure Peters Creek Flood Reduction - Phase I (3) Peters Creek Flood Reduction - Phase II (4) Capital Improvement Reserve Public Improvement Bonds - Series 1992A (5) 1) Approp. from General Revenue 2) Retained Earnings Unappropriated 3) Approp. from Bond Funds 4) Approp. from Bond Funds 5) Storm Drains (003-056-8457-9003) (003-3336) (008-052-9704-9001) (008-052-9706-9001) (008-052-9700-9176) 21,147,036.00 1,074,500.00 253,000.00 5,448,472.00 4,986,515.00 $ 56,300.00 (56,300.00) 1,074,500.00 $ 253,000.00 (1,327,500.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of June, 1992. No. 31047-060892. AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., for construction of Phase I of the Peters Creek Flood Reduction Project, upon certain terms and conditions, and awarding a contract therefor; accepting the bid of H. T. Bowling, Inc., for 567 construction of Phase II of the Peters Creek Flood Reduction Project, upon certain terms and conditions; 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 RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Allegheny Construction Company, Inc., in the total amount of $1,076,956.00, for Phase I of the Peters Creek Flood Reduction Project, as more particularly set forth in the June 8, 1992 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 bid of H. T. Bowling, Inc., in the total amount of $240,900.00, for Phase II of the Peters Creek Flood Reduction Project, as more particularly set forth in the June 8, 1992 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. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contracts with the successful bidders, based on their respective proposals made therefor and the City's specifications made therefor, said contracts to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 4. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 568 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1992. No. 31037-061592. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multlfamily, 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 S36.1-693, 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 8, 1992, after due and timely notice thereof as required by S36.1-693, 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. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located at 1004 Whitney Avenue, N. W., and designated on Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2190707 and 2190708, be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, subject to those conditions 569 proffered by and set forth in the Second Amended Petition, filed in the Office of the City Clerk on May 11, 1992, and that Sheet No. 219 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31038-061592. AN ORDINANCE amending subsections (d) and (e) of S36.1-642, Review procedure, of Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended; and adding new S36.1-724, Penalty for wronqful demolition of historic buildings, to Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended; such amended section relating to the review procedure of a decision by the Architectural Review Board and the length of time a certificate of appropriateness is valid; and the new section providing a penalty for wrongful demolition of historic buildings. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsections (d) and (e) of ~36.1-642, Review procedure, Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended, be, and hereby are, amended and reordained to read and provide as follows: ~36.1-642. Review procedure. (d) Any property owner aggrieved by any decision of the architectural review board may present to the city council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the board. The city council shall schedule a public meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the petition. The city council may reverse or modify the 570 board's decision, in whole or in part, or it may refer the matter back to the board or affirm the decision of the board. (e) Immediately upon approval by the board or the city council, on appeal, of any erection, reconstruction, alteration, restoration or demolition, a certificate of appropriateness shall be made available to the applicant. A certificate of appropriateness shall be valid for a period of one year from the date of the board's action, unless otherwise specified by the board or council. 2. Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of new section 36.1-724, Penalty for wrongful demolition of historic buildings, such new section to read and provide as follows: S36.1-724. Penalty for wrongful demolition of historic buildings. (a) The owner, or general agent of an owner of any building or structure located within any historic zoning district of the city shall be subject to a civil penalty for the demolition, razing or moving of any such building or structure without obtaining the required demolition permit and certificate of appropriateness when such building or structure is located within any historic zoning district of the city. The penalty shall be imposed on the party deemed by the court to be responsible for such violation and such penalty shall not exceed twice the fair market value of the building or structure, as determined by the city real estate assessment at the time of the demolition, razing or moving of such building or structure. (b) Any action seeking the imposition of such penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury. (c) The defendants, within twenty-one (21) days after the filing of the petition, may file an answer, and without admitting liability, agree to restore the building or 571 structure as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition shall be dismissed from the court's docket. (d) Nothing In thls section shall preclude action by the zoning administrator under section 15.1-491(d) of the Code of Virginia (1950), as amended, or by the city under section 15.1-499 of the Code of Virginia (1950), as amended, either by separate action or as part of the petition seeking a civil penalty. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31048-061592. A RESOLUTION recognizing the outstanding achievements of Sandra W. Ryals, Nurse Manager, Roanoke City Health Department, who has been honored as Virginia's Public Health Nurse of the Year. WHEREAS, Sandra W. Ryals, Nurse Manager, Roanoke City Health Department, has been honored as Virginia's Public Health Nurse of the Year, an award presented to Ms. Ryals by Governor L. Douglas Wilder on May 7, 1992; WHEREAS, Ms. Ryals has served with the Virginia Department of Health for 22 years, including 16 years as Nurse Coordinator of Children's Special Services in Southwest Virginia and 6 years as Nurse Manager of the Roanoke City Health District; WHEREAS, Ms. Ryals has been a leading force in establishing a number of innovative health care programs, including the Comprehensive Health Investment Project ("CHIP"), a public-private partnership funded in part with a $1.5 million grant from the Kellogg Foundation which provides quality health care and case management to hundreds of children who might otherwise receive little or no health care; 572 WHEREAS, Ms. Ryals was also the only nurse to serve on the Governor's Task Force on Child Health and is currently serving her second year as President of the Virginia Nurses' Association, the State's largest association for professional nurses; and WHEREAS, City Council is desirous of recognizing the outstanding achievements of Ms. Ryals; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this means of recognizing the outstanding achievements of Sandra W. Ryals, Nurse Manager, Roanoke City Health Department, and City Council extends to Ms. Ryals its congratulations upon her being honored as Public Health Nurse of the Year and its appreciation for her outstanding services to this City and and its citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Ryals. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31049-061592. A RESOLUTION approving the Roanoke Regional Airport Commission's 1992-1993 proposed operating and capital budget upon certain terms and conditions. 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 1992-1993 proposed operating and capital budget, 573 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 June 15, 1992. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31050-061592. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Civic Center - Operating Internal Services (1) ............. Civic Center - Promotional Personal Services (2) ............. Capital Outlay - Equipment Capital Outlay (3) .............. Capital Outlay Auditorium Fire Damage (4) .......... 1,548,035.00 470,900.00 158,361.00 87,000.00 64,180.00 64,180.00 1,208,787.00 601,764.00 574 Revenue Revenue - Event Expenses (5) . . . Accounts Receivable - Industrial Risk Insurance (6) ....... 1) Building Maintenance 2) Temporary Employee Wages 3) Other Equipment 4) Appropriated from Third Party 5) Novelty Fees 6) Industrial Risk Insurance (005-050-2105-7050) (005-050-2106-1004) (005-050-8600-9015) (005-050-8630-9004) (005-020-1234-1070) (005-1118) $ 30,000.00 30,000.00 1,250.00 12,844.00 61,250.00 (12,844.00) 214,350.00 72,775.00 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 15th day of June, 1992. No. 31051-061592. A RESOLUTION approving the modification of the provisions of the 1991 Rental Rehabilitation Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that this Council does approve the modification of the provisions of the 1991 Rental Rehabilitation Program to allow Program funding to take as low as a fourth (4th) mortgage position, if all other aspects of 575 the financing provide adequate security, upon the terms and conditions more particularly set forth in the City Manager's report to this Council dated June 15, 1992. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31052-061592. A RESOLUTION concurring in the recommendation of th~ City Manager's Follow-up Task Force on Homeless as to the allocation of Emergency Shelter Resource Funds, and authorizing the execution of the subgrant agreements with Roanoke Area Ministries, Total Action Against Poverty and TRUST to administer the funds. WHEREAS, the Council of the City of Roanoke accepted an Emergency Shelter Grant Program entitlement of $41,000.00 on March 12, 1992, by Resolution No. 30900-030992, allocated under the Stuart B. McKinney Homeless Assistance Act from the United States Department of Housing and Urban Development to provide services to the homeless; and WHEREAS, the Council of the City of Roanoke appropriated the funds to an Emergency Shelter Resource Fund enabling local nonprofit organizations to apply for financial support to improve the quality of shelter facilities; and WHEREAS, the City Manager's Follow-up Task Force on the Homeless has recommended allocation of the funds as set forth in the City Manager's report dated June 15, 1992. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs in the recommendation of the City Manager's Follow-up Task Force on Homeless for the allocation of Emergency Shelter Resource Funds as follows: 576 (a) (b) (c) $12,000.00 to Roanoke Area Ministries for the RAM House project for payment of maintenance, operations, insurance, utilities and furnishings. $18,000.00 to Total Action Against Poverty for the payment of maintenance, operations, insurance, utilities, and furnishings; and, essential services including food, transportation, and drug screening supplies, all in connection with the Transitional Living Center Program. $11,000.00 to TRUST for the payment of maintenance, operations, insurance, utilities, furnishings, and food. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, is hereby authorized to execute the proper subgrant agreements with Roanoke Area Ministries, Total Action Against Poverty and TRUST for the administration of the funds. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31503-061592. AN ORDINANCE amending Article III, Officers and Employees Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by redesignating Article III as Officers and Employees; by amending S2-42, Application of Divisions 2 and 3 to Constitutional Officers and their EmDloyees; by designating S~2-28 through 2-46 as Division 1, Generally; by enacting new Division 2, Vacation Leave and Sick Leave, consisting of ~2-48, ADDlicability, ~2-49, Vacation Leave, ~2-50, Sick Leave, and S2-51, Same--For Employees of the Fire Department; and by enacting new Division 3, Paid Leave and Extended Illness Leave, consisting of ~2-53, ADDlicability, ~2-54, Paid Leave, and ~2-55 Extended Illness Leave; repealing certain sections of the City Code; and providing for an emergency and establishing an effective date. 577 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article III, Officers and Employees Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, ("City Code") is hereby redesignated as Officers and Employees. 2. Section 2-42, ApDlication of Divisions 2 and 3 to Constitutional Officers and their Employees is hereby amended and reordained to provide: S2-42. Application of Divisions 2 and 3 to Constitutional Officers and their Employees. The provisions of divisions 2 and 3 shall not apply to any constitutional officer or to the employees in his office, unless such officer consents thereto in writing and files such written consent in the office of the city clerk. Thereupon, the provisions of such divisions shall apply with like force and effect to such constitutional officer filing such consent and the employees of his office as it does to other officers and employees of the city, until such consent is revoked in writing and filed in the office of the city clerk. It shall be the duty of the city clerk to notify the city council, the manager of personnel management and the director of finance of receipt by the city clerk of such written consent or revocation. 3. Sections 2-28 through 2-46 of Article III, Officers and Employees, of Chapter 2, Administration, of the City Code, are hereby designated as Division 1, Generally, of such Article. 4. The City Code is hereby amended and reordained by the addition of the following new Division 2, Vacation Leave and Sick Leave, to Article III, Officers and Employees, of Chapter 2, Administration: DIVISION 2. VACATION LEAVE AND SICK LEAVE S2-48. ADDlicabllit¥. The provisions of this division shall apply to non- temporary officers and employees hired before July 1, 1992, who have not elected to be subject to the provisions of Division 3 of this Chapter. ~2-49. Vacation Leave. (a) On and after July 1, 1985, and during each fiscal year thereafter, officers and employees of the city, except employees of the fire department working the three-platoon system, part- 578 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 Up to 5 5 to 10 10 to 20 20 to 30 30 or more Vacation leave accruing each calendar month 8 hours 10 hours 12 hours 14 hours 16 hours (b) On and after July 1, 1985, and during each fiscal year thereafter, employees of the fire department working the three- platoon system 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 Up to 5 5 to 10 10 to 20 20 to 30 30 or more Vacation leave accruing each calendar month 24 hours 30 hours 36 hours 42 hours 48 hours (c) The city manager shall develop and promulgate by regulation a system for allocating vacation leave where the first or last month of city employment for any officer or employee is less than a complete calendar month. (d) No officer or employee of the city shall be eligible to take any vacation leave during the first six (6) months of city employment. (e) Vacation leave shall be taken only at such times as the city manager or other appropriate council-appointed officer shall approve. (f) Saturdays, Sundays and holidays shall not be counted as vacation leave, except to the extent that an officer or employee normally works on such days, nor shall non-working hours on other days be so counted. An employee of the fire department working the three-platoon system who takes vacation leave on two consecutive work days separated by a single off- duty day shall be charged vacation leave for the work days and the off-duty day. 579 (g) Vacation leave may be accumulated but no officer or employee may be credited with more than two hundred forty (240) hours of vacation leave on July i of any fiscal year, except that employees of the fire department working the three-platoon system may be credited with not more than seven hundred twenty (720) hours on such date. (h) Any officer or employee who is separated from the service of the city for any cause not involving moral turpitude shall be paid for accumulated and unused vacation leave not to exceed seven hundred twenty (720) hours for an employee of the fire department working the three-platoon system or two hundred forty (240) hours for any other officer or employee; provided, no payment for any accumulated vacation leave shall be made in the case of any officer or employee who is separated from the service of the city prior to completion of the first six (6) months of employment. (i) Upon recommendation of the head of any department, the city manager may, tn his discretion, advance any officer or employee of such department, who has been in the service of the city at least six (6) months, vacation leave not to exceed eighty (80) working hours, or in the case of an employee of the fire department working the three-platoon system vacation leave not to exceed three hundred sixty (360) hours, during a single fiscal year, thereby permitting such officer or employee to anticipate earned vacation leave. Should any officer or employee be separated from the service of the city, for any cause, before actually earning all such anticipated vacation leave, his pay for all such unearned anticipated vacation shall be deducted from his final paycheck. (J) Notwithstanding any provision of this section to the contrary, any officer or employee in the employ of the city on the date of adoption of this section who has less than five (5) cumulative years of city service shall accrue vacation at the rate of ten (10) hours per calendar month, or in the case of an employee of the fire department working the three-platoon system at the rate of thirty (30) hours per calendar month, until such officer or employee has been in the service of the city for ten (10) cumulative years. ~2-50. Sick Leave. (a) On and after July 1, 1975, and during each fiscal year thereafter, all officers and employees who receive from the city fifty (50) percent or more of their salaries or wages, and after being in continuous service of the city for six (6) months, shall, with the exception provided for in section 2-51, be entitled to sick leave with pay according to the following schedule: 58O Term of Employment 6 months to i year i year to 2 years 2 years to 5 years 5 years to 10 years 10 years to 15 years 15 years to 20 years 20 years to 25 years 25 years to 30 years 30 years and over Sick Leave Allocation 40 working hours 88 working hours 168 working hours 344 working hours 432 working hours 512 working hours 600 working hours 688 working hours 768 working hours (b) Reserved. (c) Reserved. (d) The sick leave provided for in this section is noncumulative and represents the maximum annual sick leave to which any such employee shall be entitled in any one fiscal year. (e) Thirty-six (36) working hours of sick leave shall be allowed to any such officer or employee for an injury for which compensation is awarded under the Workmen's Compensation law. (f) Sick leave shall cover absences from duty only on account of the bona fide illness or physical disability of officers and employees. When such absences extend beyond three (3) consecutive working days, the city manager, or the department head designated by him, shall require a certificate from a medical doctor as evidence of such illness or disability. At the discretion of the city manager, he may also require examination by a medical doctor designated by the manager, whose decision as to illness or disability of the officer or employee in question may be taken as final by the city manager. The city manager or any such department head may require a certificate from a medical doctor in verification of any number of days of claimed sick leave pay. S2-51. Same--For Employees of Fire Department. (a) On and after July 1, 1975, and each fiscal year thereafter, employees of the fire department working the three- platoon system shall be subject to the general provisions of section 2-50, with the exception that entitlement of such employees to sick leave shall be on the following calendar day basis: 581 Term of Employment 6 months to i year i year to 2 years 2 years to 5 years 5 years to 10 years 10 years to 15 years 15 years to 20 years 20 years to 25 years 25 years to 30 years 30 years and over Sick leave allocation in calendar days 7 15 30 60 75 90 105 120 135 (b) Such employees shall be charged sick leave for any calendar day during which the employee is unavailable for duty because of sickness or disability. 5. The City Code is hereby amended and reordained by the addition of the following new Division 3, Paid Leave and Extended Illness Leave, to Article III, Officers and Employees, of Chapter 2, Administration: DIVISION 3. PAID LEAVE AND EXTENDED ILLNESS LEAVE S2-53. Applicability; Eligibility to Elect Coveraqe. (a) The provisions of this division shall apply to non- temporary officers and employees hired on or after July 1, 1992, and to any officer and employee who was hired prior to July 1, 1992, and who has made a timely and effective election to be subject to the provisions of this division. (b) The city manager shall establish by regulation the requirements for officers and employees to elect to be subject to the provisions of this division which shall include a requirement that employees make an irrevocable election within a thirty-day period to be established by the city manager with such election to be effective the first day of the next fiscal year. (c) Except for officers and employees who have made a timely election to be subject to the provisions of this division effective July 1, 1992, no officer or employee shall be eligible to receive retirement service credit for accumulated extended illness leave if the officer or employee retires within 36 months of the effective date of the election. 582 ~2-54, Paid ~eave. (a) Officers and employees may take paid leave for any reason deemed appropriate by the individual upon approval by supervisor. (b) Initial paid leave balance for officers and employees hired prior to July 1, 1992, shall be the individual's vacation leave balance as of June 30 of the year in which the election to be subject to the provisions of this division is made. (c) Paid leave shall accrue as follows: City Employees Fire Dep~rtmentEmplo~ees WorkingtheThree-Platoon System Total Years Hours Days Hours Days of Service per Month Per Year Per Month Per Year 0 to i 10 15 14 7 i to 5 12 18 16 8 5 to 10 14 21 20 10 10 to 15 16 24 24 12 15 to 20 17 25.5 26 13 20 to 25 18 27 28 14 25 to 30 19 28.5 30 15 30 or more 20 30 32 16 (d) Saturdays, Sundays and holidays shall not be counted as paid leave, except to the extent that an officer or employee normally works on such days, nor shall non-working hours on such days be counted. (e) Paid leave may be accumulated, but no officer or employee may be credited with more than 288 hours of paid leave on July i of any fiscal year, except that employees of the fire department working the three-platoon system may be credited with not more than 408 hours on such date. (f) Paid leave in excess of the maximum carryover on June 30 of each year shall be added to the individual's extended illness leave account up to a maximum of 40 hours per fiscal year or 56 hours per fiscal year for employees of the fire department working the three-platoon system. (g) Paid leave up to 80 hours may be advanced to an employee by the department manager, with written concurrence of the appropriate director, council-appointed officer or elected 583 officer. Should an employee leave the service of the city prior to accrual of paid leave hours sufficient to cover the advance, the regular current rate of pay of the employee will be deducted for each outstanding hour from the employee's paycheck. Pay deduction for an employee exempt from the Fair Labor Standards Act shall not have hours advanced or repaid for less than a full workday. (h) Any officer or employee who has separated from the service of the city for any cause not involving moral turpitude shall be paid for accumulated paid leave not to exceed 408 hours for an employee of the fire department working the three-platoon system or 288 hours for any other officer or employee; provided, no payment for any accumulated paid leave shall be made in the case of any officer or employee who is separated from the service of the city prior to completion of the first six (6) months of employment. S2-55. Extended Illness Leave. (a) Extended illness leave means approved absence from work with pay for a personal or family illness or disability which exceeds the use of twenty-four (24) consecutive regular work hours of paid leave or thirty-four (34) consecutive regular work hours of paid leave for fire department personnel working the three-platoon system. The city manager shall promulgate regulations governing the use of extended illness leave. (b) Extended illness leave shall accrue at the rate of six (6) hours per month which equates to nine (9) days per year. Fire department personnel working the three-platoon system shall accrue extended illness leave at the rate of nine (9) hours per month which equates to 4.5 days per year. (c) The initial extended illness leave balance for employees hired prior to July 1, 1992, shall be as established by the city manager and filed in the office of the city clerk. (d) There shall be no limitation on the number of hours of extended illness leave which may be accumulated. (e) The city manager shall develop and promulgate by regulation a system for allocating extended leave where the first and last month of city employment for the officer or employee is less than a complete calendar month. (f) Extended illness leave for illness or disability of a family member shall not exceed eighty (80) hours per fiscal year. 584 6. The City Manager is hereby authorized to promulgate regulations to implement the provisions of this ordinance. 7. Section 2-38.1, Vacation Leave, S2-39, Sick Leave - Generally, S2-40, Same--For Employees of Fire Department, and S2-42, Application of sections 2-38 -- 2-41 to Constitutional Officers and their Employees of the Code of the City of Roanoke are hereby repealed. 8. In order to provide for the usual daily operation of the City, an emergency is deemed to exist and this ordinance shall be in full force and effect on and after July 1, 1992. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31054-061592. AN ORDINANCE approving and authorizing the execution of the First Amendment to the Roanoke Valley Resource Authority Members Use Agreement upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The First Amendment to the Roanoke Valley Resource Authority Members Use Agreement as set forth and described in the report by the City Manager to this Council dated June 15, 1992, is hereby formally approved and the City Manager and the City Clerk are hereby authorized to execute and attest respectively said document, in form approved by the City Attorney. 585 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 15th day of June, 1992. No. 31055-061592. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Other Infrastructure RRFRP - Environmental Assessments (1) . RRFRP - Land Acquisition (2) ..... 1) Appropriations from General Revenue (008-056-9623-9003) 2) Appropriations from General Revenue (008-056-9619-9003) 19,819,536.00 1,194,650.00 1,061,867.00 $ 1,194,650.00 (1,194,650.00) 586 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST .' City Clerk APPROVED Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31056-061592. A RESOLUTION authorizing the execution of the First Amendment to the contract with Dewberry and Davis to provide Phase II environmental assessment services for the Roanoke River Flood Reduction Project. 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 First Amendment to the agreement with Dewberry and Davis for the provision by such firm of Phase II-A and Phase II-B environmental assessment services for the Roanoke River Flood Reduction Project as more particularly set forth in the June 15, 1992, report of the City Manager to this Council. 2. The contract amendment authorized by this ordinance shall not exceed the amount of $1,194,650.00 without further authorization of this Council. 3. The form of the contract amendment with such firmshall be approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor 587 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31057-061592. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education .................... Renovate Crystal Spring Elementary School (1) . Renovation of Forest Park Elementary School (2) General Government Communications Control Center (3) ....... Recreation Norwich Park Path Improvements (4) ...... Improvements to 7 Parks (5) .......... Grandin Court Recreation Center (6) ...... Improvements to 4 Parks in 1991 (7-8) ..... Streets and Bridges Franklin Road Bridge Rahabilitation (9) .... Hollins (Read) Road Bridge Replacement (10) . . Sanitation Peters Creek - Meadowbrook (11) ........ Neighborhood Storm Drain - 91 (12) ...... Storm Drain Cross Connection (13) ....... Other Infrastructures Special Capital Project FY91 (14) ...... Peters Creek Flood Reduction - Peer Review (15) Downtown Project RRHA 3 Floors (16) ...... Downtown Project City 3 Floors (17) ...... Downtown Improvement Project - Nonbuilding (18) Retaining Wall - Campbell/Patterson (19) . . . Capital Improvement Reserve Capital Improvement Reserve (20-22) ...... Public Improvement Bonds - Series 1988 (23) . . $ 10,665,833.00 2,213,097.00 4,452,736.00 11,483,158.00 1,047,218.00 517,538.00 7,578.00 157,820.00 53,174.00 193,966.00 8,304,574.00 679,433.00 764,203.00 2,233,920.00 32,232.00 146,942.00 38,351.00 19,809,374.00 --0-- 40,913.00 5,314,529.00 5,377,657.00 2,641,944.00 14,042.00 6,721,182.00 359,925.00 47,242.00 588 1) Appropriated from Bond Funds 2) Appropriated from Bond Funds 3) Appropriated from General Revenue 4) Appropriated from General Revenue 5) Appropriated from General Revenue 6) Appropriated from Bond Funds 7) Appropriated from General Revenue 8) Appropriated from Bond Funds 9) Appropriated from General Revenue 10) Appropriated from General Revenue 11) Appropriated from Bond Funds 12) Appropriated from Bond Funds 13) Appropriated from General Revenue 14) Appropriated from General Revenue 15) Appropriated from General Revenue 16) Appropriated from General Revenue 17) Appropriated from Third Party 18) Appropriated from General Revenue 19) Appropriated from General Revenue 20) Buildings and Structures 21) Storm Drains 22) Streets and Bridges 23) Storm Drains (008-060-6073-9001) (008-060-6075-9001) (008-052-9514-9003) (008-050-9635-9003) (008-050-9636-9003) (008-050-9677-9001) (008-050-9678-9003) (008-050-9678-9001) (008-052-9602-9003) (008-052-9620-9003) (008-052-9669-9001) (008-052-9674-9001) (008-052-9670-9003) (008-052-9608-9003) (008-052-9640-9003) (008-052-9647-9003) (008-052-9648-9004) (008-052-9649-9003) (008-052-9679-9003) (008-052-9575-9173) (008-052-9575-9176) (008-052-9575-9181) (008-052-9603-9176) $(1,952,736.00) 1,952,736.00 (52.00) (?22.00) (2,418.00) (826.00) 3,140.00 826.00 (26,832.00) (2,739.00) (2,?69.00) (3,4?3.00) 5,817.00 (5,817.00) (3,387.00) (374,971.00) (301,843.00) 676,814.00 (958.00) 52.00 3,387.00 30,529.00 6,242.00 589 BE IT Ordinance shall ATTEST: FURTHER ORDAINED that, an emergency be in effect from its passage. APPROVED City Clerk Mayor existing, this IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31058-061592. AN ORDINANCE to amend and reordain certain sections of the 1991-92 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 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApproDriations City Clerk (1) ........................................ Office of Management and Budget (2) ................... Economic Development/Grants (3) ....................... City Attorney (4) ..................................... Director of Finance (5) ............................... Office of Billings and Collections (6) ................ Municipal Auditing (7) ................................ City Treasurer (8) .................................... Commissioner of Revenue (9) ........................... Real Estate Valuation (10) ............................ Jail (11) ............................................. Commonwealth's Attorney (12) .......................... Clerk of Circuit Court (13) ........................... General Services (14) ................................. Police Services (15) .................................. Fire Administration (16) .............................. $ 4,939.00 6,627.00 3,150.00 5,343.00 460,865.00 287,223.00 13,621.00 154,376.00 252,091.00 70,393.00 191,694.00 5,118.00 8,343.00 1,614.00 201,992.00 13,931.00 590 Emergency Services (17) ............................... Emergency Medical Services (18) ....................... Recreation (19) ....................................... Building Inspections (20) ............................. Communications (21) ................................... Engineering (22)... Community Planning Director of Human Resources (24) ...................... Social Services Administration (25) ................... Nursing Home (26) ..................................... Libraries (27) ........................................ 1,138.00 30,670.00 11,419.00 48,461.00 15,395.00 8,915.00 19,210.00 911.00 20,450.00 2,200.00 67,628.00 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) City Information Systems (001-001-1120-7005) $ 2,839.00 City Information Systems (001-002-1212-7005) (16,000.00) City Information Systems (001-002-8120-7005) ( 144.00) City Information Systems (001-003-1220-7005) 4,083.00 City Information Systems (001-004-1231-7005) (172,530.00) City Information Systems (001-004-1232-7005) 99,304.00 City Information Systems (001-005-1240-7005) ( 2,906.00) City Information Systems (001-020-1234-7005) ( 6,640.00) City Information Systems (001-022-1233-7005) 91,517.00 City Information Systems (001-023-1235-7005) 4,806.00 City Information Systems (001-024-3310-7005) 50,339.00 City Information Systems (001-026-2210-7005) 3,678.00 City Information Systems (001-028-2111-7005) ( 6,000.00) City Information Systems (001-050-1237-7005) ( 737.00) City Information Systems (001-050-3114-7005) 15,000.00 City Information Systems (001-050-3211-7005) ( 7,365.00) City Information Systems (001-050-3520-7005) ( 862.00) City Information Systems (001-050-3521-7005) 4,619.00 City Information Systems (001-050-7110-7005) (13,131.00) 591 20) City Information Systems 21) City Information Systems 22) City Information Systems 23) City Information Systems 24) City Information Systems 25) City Information Systems 26) City Information Systems 27) City Information Systems (001-052-3410-7005) (001-052-4130-7005) (001-052-4310-7005) (001-052-8110-7005) (001-054-1270-7005) (001-054-5311-7005) (001-054-5340-7005) (001-054-7310-7005) ( 15,000.00) 6,711.00 3,000.00 16,258.00 ( 238.00) (19,000.00) 2,200.00 ( 43,801.00) 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 15th day of June, 1992. No. 31059-061592. AN ORDINANCE to amend and reordain certain sections of the 1992-93 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 1992-93 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 592 ApDropriations Health and Welfare Citizen Services Committee (1-29) ....... 1) Fees for Professional Services 2) Subsidies 3) Family Service Protective Services 4) Free Clinic 5) League of Older Americans 6) Roanoke Area Ministries 7) 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 Multiple Sclerosis 15) NW Child Development 16) Roanoke Symphony Society 17) Roanoke Valley Arts Council 18) Roanoke Valley Speech and Hearing 19) TRUST 20) Western VA. (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) (001-054-5220-3734) (001-054-5220-3736) (001-054-5220-3737) (001-054-5220-3738) (001-054-5220-3740) Emergency Medical Svcs. (001-054-5220-3741) 21) Inner City Athletic Association (001-054-5220-3744) 22) West End Com- munity Center (001-054-5220-3745) 23) Adult Care $ 8,000.00 (279,685.00) 35,500.00 17,800.00 24,000.00 26,700.00 22,000.00 29,300.00 5,000.00 4,200.00 2,500.00 1,850.00 5,500.00 1,200.00 12,500.00 4,000.00 2,500.00 2,200.00 7,425.00 6,730.00 1,800.00 4,000.00 14,442,930.00 279,685.00 593 Center 24) Tinker Mountain Industries 25) Conflict Resolution Center 26) Mill Mountain Theatre 27) Roanoke Museum of Fine Art 28) Roanoke City Health Dept. (CHIP) 29) The Salvation Army (001-054-5220-3746) (001-054-5220-3747) (001-054-5220-3748) (001-054-5220-3749) (001-054-5220-3750) (001-054-5220-3751) (001-054-5220-3752) $ 4,180.00 19,000.00 2,500.00 1,000.00 500.00 5,200.00 22,600.00 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 15th day of June, 1992. No. 31060-061592. A RESOLUTION concurring in the recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies. WHEREAS, the Fiscal Year 1992-93 budget approved by City Council for the Citizens' Services Committee provides for funding in the amount of $279,685.00; 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; and 594 WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the City administration~ and WHEREAS, 29 requests for City funds In the total amount of $592,614.00 were received by the Citizens' Services Committee from various agencies. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs tn the recommendations of the Citizens' Services Committee as to the allocations for funding of various nonprofit agencies as more particularly set forth in the attachment to the Committee Report submitted to this Council dated June 15, 1992. 2. The Chairman of the Citizens' Services Committee and the Director of Finance are authorized to release funds to any agency, provided that objectives, activities, and other reassurances have been submitted and accepted. 3. The City Manager, or his designee, is authorized to negotiate a contract for up to $22,600.00 with the Salvation Army for the provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter. APPROVED TTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31061-061592. AN ORDINANCE to amend and reordatn certain sections of the 1992-93 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual dally operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 595 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government City Manager (1) ............... City Attorney (2-3) .............. Director of Finance (4-5) ........... City Clerk (6-7) ............... Municipal Auditor (8-9) ............ Real Estate Valuation (10) .......... Nondepartmental Contingency (11-12) .............. 8,404,884.00 475,018.00 537,293.00 1,596,848.00 280,248.00 346,380.00 751,534.00 10,489,669.00 531,779.00 1) Regular Employee Salaries 2) Regular Employee Salaries 3) Salary Supplement 4) Regular Employee Salaries 5) Salary Supplement 6) Regular Employee Salaries 7) Salary Supplement 8) Regular Employee Salaries 9) Salary Supplement 10) Salary Supplement 11) Supplemental Budgets - Employee Compensation 12) Contingency (001-002-1211-1002) (001-003-1220-1002) (001-003-1220-1050) (001-004-1231-1002) (001-004-1231-1050) (001-001-1120-1002) (001-001-1120-1050) (001-005-1240-1002) (001-005-1240-1050) (001-023-1235-1050) (001-002-9410-2207) (001-002-9410-2199) 9,000.00 8,000.00 200.00 8,000.00 200.00 5,000.00 200.00 5,000.00 2O0.00 200.00 (25,000.00) (11,000.00) 596 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 15th day of June, 1992. No. 31062-061592. 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, 1992; and providing for an emergency and an effective date. follows: BE IT ORDAINED by the Council of the City of Roanoke as 1. For the fiscal year beginning July 1, 1992, and ending June 30, 1993, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be as follows: City Manager - City Attorney - Director of Finance - Director of Real Estate - Valuation Municipal Auditor - City Clerk - 99,000 88,000 88,000 53,000 60,000 54,000 597 2. Paragraph 7 of Ordinance No. 31000-051192, adopted May 11, 1992, is hereby amended as follows to provide annual salary increments payable on a bi-weekly basis 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: Position Title Annual Salary Increment City Attorney City Clerk Director of Finance $ 2,000 $ 2,000 $ 2,000 Director of Real Estate Valuation $ 2,000 Municipal Auditor $ 2,000 If the requirement that any of the foregoing officers own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment establishedbythis Ordinance shall be terminated as of the date of elimination of such requirement. 3. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the paycheck of July 15, 1992. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 1992. APPROVED ATTEST: City Clerk Mayor