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HomeMy WebLinkAbout30144-70990 thru 30625-708911 Revenue Public Safety $ 847,741.00 Federal Forfeited Property Program (2) ............... 267,110.00 1) Investigatons and Rewards 2) Federal Revenue (035-050-3300-2150) (035-035-1234-7060) $ 38,918.00 38,918.00 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 9th day of July, 1990. No. 30144-70990. A RESOLUTION accepting a bid made for providing ductile-iron water pipe to the City and rejecting other bids. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Griffin Pipe Products Co., of Lynchburg, Virginia, to provide, on a unit price basis, all the City's requirements for ductile-iron water pipe of the specified types at the following prices, with such prices being firm for one (1) year, is hereby ACCEPTED: DUCTILE-IRON WATER PIPE BID AMOUNT 3" Pipe, mechanical joint 4" Pipe, Mechanical joint 4" Pipe, push-on joint 6" Pipe, mechanical joint 6" Pipe, push-on joint 8" Pipe, mechanical joint 8" Pipe, push-on joint 10" Pipe, mechanical joint 10" Pipe, push-on joint 12" Pipe, mechanical joint 12" Pipe, push-on joint 16" Pipe, mechanical joint 16" Pipe, push-on joint 20" Pipe, push-on joint 4.35 LF 4.82 LF 4.38 LF 5.39 LF 4.78 LF 7.27 LF 6.60 LF 9.56 LF 8.71LF 12.14 LF 11.14 LF 18.67 LF 17.05 LF 22.50 LF 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for such ductile-iron water pipe, such purchase orders to be made and filed in accordance with the City's specifications, the bidder's proposals made therefor and in accordance with this ordinance. 2 3. The other bids received for the supply of the aforesaid items 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. ATTEST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30145-70990. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing subsection (11) of §20-65, Parking prohibited in specified places, and amending §20-69, Parking regulations on property of Virginia Western Com-munit~ College, §20-76, Parking in spaces reserved for handicapped persons and §20-89, Penalties for unlawful parking; the repealed and amended sections establishing the parking violation of parking in spaces reserved for handicapped persons and setting forth a penalty therefor; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (11) of §20-65, Parking prohibited in specified places is hereby repealed. 2. Section 20-69, Parking regulations on property of Virginia Western Community College, is hereby amended and reordained by the addition of a new subsection (m), such new subsection to read and provide as follows: (m) No person shall park or leave standing any vehicle not displaying a license plate, decal or special permit issued under §§46.2-731, 46.2-739 or 46.2-1238, Code of Virginia (1950), as amended, in a parking space reserved for handicapped persons on the property of Virginia Western Community College. 3. Section 20-76, Parking in spaces reserved for handicapped persons, is hereby amended and reordained to read and provide as follows: (a) No person shall park or leave standing any vehicle not displaying a license plate, decal or special parking per- mit issued under §§46.2-731, 46.2-739 or 46.2-1238, Code of Virginia (1950), as amended, in a parking space reserved for handicapped persons on a public street, in a parking space re served for handicapped persons on public property or in a parking space reserved for handicapped persons in any pri- vately owned parking area open to the public. (b) The penalty for the parking violations established by this section shall be as set forth in §20-89 (b)(4) of this Chapter. 4. Section 20-89, Penalties for unlawful parking, is hereby amended and reordained by the amendment of subsection (j) o~ paragraph (b) and the addi- tion of a new subsection 14) to paragraph (b), such amended subsection and such new subsection to read and provide as follows: 3 (3) A penalty of twenty-five dollars ($25.00) may be paid for a violation of §20-69(m), if paid within ten I10) days of the issue by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be thirty-five dollars ($35.00). If not paid within ten (10) days, a notice pursuant to §46.2-941, Code of Virginia, shall be sent by the City's Office of Billings and Collections to the violator. Any violator to whom such notice is sent may pay such penalty of thirty-five dollars 1535.00) within five (5) days of notice of such receipt. (4) A penalty of fifty dollars ($50.00) may be paid for a violation of §20-76, if paid within ten (10) days of the issue by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be sixty dollars 1560.00). If not paid within ten I10) days, a notice pursuant to §46.2-941, Code of Virginia, shall be sent by the City's Office of Billings and Collections to the violator. Any violator to whom such notice is sent may pay such penalty of sixty dollars ($60.00) within five (5) days of notice of such receipt. 5. In order to provide for the usual daily operation of the munici- pal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after September 1, 1990. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30146-70990. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 4 Appropriations General Government (1-47) ............................. $ Judicial Administration (48-67) ....................... Public Safety (68-146) ................................ Public Works (147-164) ................................ Health and Welfare (165-174) .......................... Parks, Recreation and Cultural (175-187) .............. Community Devlopment (188-195) ........................ Education (196-317) ................................... Fund Balance Reserve for Prior Year Encumbrances (318) ............. $ 1) Admin. Supplies 2) Gratuities 3) Fees for Prof. Servcs. 4) Admin. Supplies 5) Service Awards 6) Admin. Supplies 7) Furn. & Equip. >$500 8) Admin. Supplies 9) Expendable Equip. (<$500) 10) Publications & Subscriptions 11) Admin. Supplies 12) Admin. Supplies 13) Expendable Furn. (<$500) 14) Furniture and Equip. >$500 15) Maint. Contracts 16) Advertising 17) Admin. Supplies 18) Expendable Equip. (<$5o0) 19) Other Equipment 20) Fees for Prof. Services 21) Admin. Supplies 22) Admin. Supplies 23) Maint. - Equip. 24) Furn. & Equip. >$500 25) Admin. Supplies 26) Admin. Supplies 27) Admin. Supplies 28) Admin. Supplies 29) Expend. Equip. (<$500) 30) Train. & Devel. 31) Maint. - Equip. 32) Other Equipment 33) Insurance 34) Admin. Supplies 35) Publications and Subscriptions 36) Fees for Prof. Services 37) Admin. Supplies 38) Expend. Equip. (<$500) 39) Employee Programs 40) Medical 41) Furn. & Equip. >$500 42) Fees for Prof. Services (001-001-1110-2030) (001-001-1110-2155) (001-001-1120-2010) (001-001-1120-2030) (001-001-1120-2031) (001-002-1211-2030) (001-002-1211-9005) (001-002-1212-2030) (001-002-1212-2035) (001-002-1212-2040) (001-003-1220-2030) (001-004-1231-2030) (001-004-1231-2035) (001-004-1231-9005) (001-004-1232-2005) (001-004-1232-2015) (001-004-1232-2030) (001-004-1232-2035) (001-004-1232-9015) (001-005-1240-2010) (001-005-1240-2030) (001-010-1310-2030) (001-010-1310-2048) (001-010-1310-9005) (001-020-1234-2030) (001-022-1233-2030) (001-023-1235-2030) (001-050-1237-2030) (001-050-1237-2035) (001-050-1237-2044) (001-050-1237-2048) (001-050-1237-9015) (001-050-1237-3020) (001-050-1260-2030) (001-050-1260-2040) (001-050-1261-2010) (001-050-1261-2030) (001-050-1261-2035) (001-050-1261-2043) (001-050-1261-2062) (001-050-1261-9005) (001-052-1280-2010) 8,603,201.00 3,388,054.00 27,297,479.00 19,142,280.00 13,799,878.00 3,981,687.00 1,246,371.00 65,027,439.00 (2,668,282.00) 556.00 557.00 1,070.00 329.00 43.00 515.00 2,580.00 14.00 2,176.00 38.00 70.00 1,095.00 4,152.00 5,923.00 40.00 315.00 7,848.00 11,078.00 32,559.00 48,880.00 67.00 446.00 663.00 3,218.00 1,782.00 1,151.00 123.00 67.00 900.00 1,783.00 100.00 1,995.00 34,221.00 304.00 55.00 3,564.00 650.00 3,271.00 125.00 523.00 16,939.00 103.00 43) Admin. Supplies 44) Expendable Equip. (<$500) 45) Admin. Supplies 46) Expendable Equip. (<$500) 47) Telephone 48) Admin. Supplies 49) Expendable Equip. (<$500) 50) Training & Devel. 51) Furn. & Equip. >$500 52) Fees for Prof. Services 53) Admin. Supplies 54) Expendable Equip. (<$500) 55) Furn. & Equip~ >$500 56) Admin. Supplies 57) Expendable Equip. (<$500) 58) Furn. & Equip. >$500 59) Maint. Contracts 60) Fees for Prof. Services 61) Expendable Equip. (<$500) 62) Publications & Subscriptions 63) Admin. Supplies 64) Publications & Subscriptions 65) Furn. & Equip. >$500 66) Train. & Devel. 67) Furn. & Equip. >$500 68) Fees for Prof. Services 69) Admin. Supplies 70) Expendable Equip. (<$500) 71) Train. & Devel. 72) Maint. - Equip. 73) Maint. - Bldgs. 74) Wearing Apparel 75) Project Supplies 76) Vehicular Equip. 77) Other Equipment 78) Admin. Supplies 79) Publications & Subscriptions 80) Maint. Contracts 81) Admin. Supplies 82) Expendable Equip. (<$500) 83) Publications & Subscriptions 84) Expendable Equip. (<$500) 85) Medical 86) Wearing Apparel 87) Furn. & Equip. >$500 88) Other Equipment 89) Maint. Contracts 90) Admin. Supplies 91) Expendable Euip. (<$500) 92) Wearing Apparel (001-052-1280-2030) (001-052-1280-2035) (001-056-1250-2030) (001-056-1250-2035) (001-054-1270-2020) (001-024-2140-2030) (001-024-2140-2035) (001-024-2140-2044) (001-026-2210-9005) (001-028-2111-2010) (001-028-2111-2030) (001-028-2111-2035) (001-028-2111-9005) (001-054-2150-2030) (001-054-2150-2035) (001-054-2150-9005) (001-070-2120-2005) (001-070-2120-2010) (001-070-2120-2035) (001-070-2120-2040) (001-072-2110-2030) (001-072-2110-2040) (001-072-2110-9005) (001-078-2131-2044) (001-078-2131-9005) (001-024-3310-2010) (001-024-3310-2030) (001-024-3310-2035) (001-024-3310-2044) (001-024-3310-2048) (001-024-3310-2050) (001-024-3310-2064) (001-024-3310-3005) (001-024-3310-9010) (001-024-3310-9015) (001-050-3111-2030) (001-050-3111-2040) (001-050-3112-2005) (001-050-3112-2030) (001-050-3112-2035) (001-050-3112-2040) (001-050-3113-2035) (001-050-3113-2062) (001-050-3113-2064) (001-050-3113-9005) (001-050-3113-9015) (001-050-3114-2005) (001-050-3114-2030) (001-050-3114-2035) (001-050-3114-2064) $ 489.00 815.00 178.00 632.00 50.00 70.00 419.00 553.00 1,834.00 4,365.00 2,331.00 83.00 3,685.00 3,994.00 3,567.00 3,476.00 1,496.00 49.00 888.00 139.00 495.00 70.00 1,511.00 260.00 2,313.00 1.00 436.00 699.00 164.00 1,750.00 455.00 6,636.00 5,368.00 18,063.00 1,920.00 1,663.00 333.00 125.00 3,340.00 1,545.00 322.00 7,701.00 283.00 5,224.00 8,790.00 3,237.00 2,979.00 599.00 1,652.00 4,358.00 5 93) 94) 95) 96) 97) 98) 99) loo) lOl) 102) 103) 104) lO5) 106) i07) i08) 109) 11o) 111) 112) 113) 114) 115) 116) 117) 118) 119) 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) Admin. Supplies Expendable Equip. (<$500) Dues & Memberships Telephone Admin. Supplies Expendable Equip. (<$500) Maint. Equipment Train. & Devel. Telephone Admin. Supplies Expendable Equip. (<$500) Chemicals Maint. - Equip. Other Equipment Admin. Supplies Expendable Equip. (<$500) Wearing Apparel Admin. Supplies Expendable Equip. (<$5oo) Wearing Apparel Fees for Prof. Services Admin. Supplies Expendable Equip. (<$500) Admin. Supplies Insurance Housekeeping Supp. Expendable Equip. (<$500) Medical (001-050-3115-2030) (001-050-3211-2035) (001-050-3211-2042) (001-050-3213-2020) (001-050-3213-2030) (001-050-3213-2035) (001-050-3213-2048) (001-050-3214-2044) (001-050-3520-2020) (001-050-3520-2030) (001-050-3520-2035) (001-050-3520-2045) (001-050-3520-2048) (001-050-3520-9015) (001-050-3521-2030) (001-050-3521-2035) (001-050-3521-2064) (001-050-3530-2030) (001-050-3530-2035) (001-050-3530-2064) (001-052-3410-2010) (001-052-3410-2030) (001-054-3320-2035) (001-054-3350-2030) (001-054-3350-3020) (001-054-3360-2032) (001-054-3360-2035) (001-054-3360-2062) Purchases Services (001-054-3360-3160) Expendable Equip. (<$5oo) Other Equipment Project Supplies Maintenance of Infrastructures Maint. Contracts Fees for Prof. Services Telephone Admin. Supplies Expendable Equip. (<$500) Other Rental Other Equipment Project Supplies Maintenance 3rd Party Contract Chemicals Fees for Prof. Services Maint. - Equip. Maint. Contracts Admin. Supplies Expendable Equip. (<$500) Maint. - Equip. Vehicular Equip. Maintenance of Infrastructures Maintenance 3rd Party Contract Admin. Supplies Expendable Equip. (<$500) (001-052-4110-2035) (001-052-4110-9015) (001-052-4110-3005) (001-052-4110-3055) (001-052-4110-2005) (001-052-4120-2010) (001-052-4130-2020) (001-052-4130-2030) (001-052-4130-2035) (001-052-4130-3075) (001-052-4130-9015) (001-052-4130-3005) (001-052-4130-3056) (001-052-4140-2045) (001-052-4150-2010) (001-052-4150-2048) (001-052-4160-2005) (001-052-4160-2030) (001-052-4160-2035) (001-052-4160-2048) (001-052-4160-9010) (001-052-4160-3055) (001-052-4160-3056) (001-052-4210-2030) (001-052-4210-2035) 294.00 2,500.00 81.00 192.00 835.00 4,138.00 471.00 1,271.00 299.00 4,292.00 241.00 1,872.00 860.00 8,600.00 611.00 108.00 1,307.00 107.00 1,223.00 1,256.00 1,812.00 162.00 88.00 73.00 250.00 102.00 835.00 83.00 54.00 24.00 17,150.00 32,467.00 70,680.00 4,666.00 292,611.00 2,865.00 496.00 530.00 6.827.00 5,865.00 30.00 650.00 27,741.00 26,000.00 533.00 1,331.00 442.00 1,288.00 13,130.00 30,515.00 20,940.00 3,240.00 15.00 494.00 7 147 148 149 150 151) 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) 18o) 181) 182) 183) 184) 185) 186) 187) 188) 189) 190) 191) 192) 193) 194) 195) 196) 197) 198) 199) 200) 201) 202) 203) Vehicular Equip. Other Equipment Admin. Supplies Furn. & Equip. >$500 Fees for Prof. Services Admin. Supplies Expendable Equip. (<$500) Other Equipment Project Supplies Maint. - Gen. Fund Maint. - Enterprise Funds Maintenance 3rd Party Contract Expendable Equip. (<$500) Train. & Devel. Maint. - Equip. Maint. - Bldgs. Other Equipment Project Supplies Admin. Supplies Admin. Supplies Renovation Const. Admin. Supplies Program Activities Admin. Supplies Expendable Equip. (<$500) Housekeeping Supp. Program Acti vi ties Medical Fees for Prof. Services Admins. Supplies Expendable Equip. (<$500) Furn. & Equip. >$500 Other Equipment Publications & Subscriptions Advertising Admin. Supplies Expendable Equip. (<$500) Program Activities Senior Citizens Tournaments Other Equipment Admin. Supplies Vehicular Equip. Expendable Equip. (<$500) Fees for Prof. Services Contributions-Bus. Partnership Admin. Supplies Train. & Devel. Fees for Prof. Services Educ. & Rec. Supp. Mileage Field Trips Educ. & Rec. Supp. Mileage Office Supplies (001-052-4210-9010) (001-052-4210-9015) (001-052-4310-2030) (001-052-4310-9005) (001-052-4310-2010) (001-052-4330-2030) (001-052-4330-2035) (001-052-4330-9015) (001-052-4330-3005) (001-052-4330-3050) (001-052-4330-3051) (001-052-4330-3056) (001-050-4340-2035) (001-050-4340-2044) (001-050-4340-2048) (001-050-4340-2050) (001-050-4340-9015) (001-050-4340-3005) (001-054-5311-2030) (001-054-5313-2030) (001-054-5313-9020) (001-054-5314-2030) (001-054-5314-2066) (001-054-5316-2030) (001-054-5316-2035) (001-054-5340-2032) (001-054-5340-2066) (001-054-5340-2062) (001-054-7310-2010) (001-054-7310-2030) (001-054-7310-2035) (001-054-7310-9005) (001-054-7310-9015) (001-054-7310-2040) (001-050-7110-2015) (001-050-7110-2030) (001-050-7110-2035) (001-050-7110-2066) (001-050-7110-2120) (001-050-7110-2130) (001-050-7110-9015) (001-002-8120-2030) (001-002-8120-9010) (001-002-8123-2035) (001-052-8110-2010) (001-052-8110-3772) (001-054-8170-2030) (001-054-8170-2044) (001-056-8140-2010) (001-060-6001-6000-0614) (001-060-6001-6046-0551) (001-060-6001-6100-0583) (001-060-6001-6100-0614) (001-060-6001-6112-0551) (001-060-6001-6200-0601) Repl. Mach. & Equip(O01-060-6001-6200-0801) Maint. Serv. Contr.(O01-060-6001-6202-0332) 71,586.00 182,838.00 2,030.00 4,844.00 3,752.00 359.00 1,484.00 8,171.00 224.00 1,500.00 247.00 176,351.00 6,690.00 600.00 5,035.00 10,252.00 10,100.00 4,185.00 482.00 102.00 1,900.00 48.00 278.00 76.00 399.00 150.00 33.00 750.00 24,676.00 283.00 798.00 5,980.00 1.550.00 852.00 1,625.00 1,583.00 542.00 5,651.00 1,033.00 1,371.00 3,244.00 561.00 17,487.00 431.00 2,000.00 360.00 56.00 115.00 7,700.00 495.00 167.00 153.00 3.00 115.00 236.00 51,558.00 750.00 i8 204) 205) 206) 207) 208) 209) 210) 211) 212) 213) 214) 215) 216) 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) 243) 244) 245) 246) 247) 248) 249) 250) 251) 252) 253) 254) 255) 256) 257) 258) 259) 260) 261) 262) 263) 264) 265) 266) Books & Subscrip. Test/Eval/Dissemin Office Supplies Conventions and Education Inservice Wrkshps. Inservice Supplies Mileage (001-060-6001-6204-0613) (001-060-6001-6213-0584) (001-060-6001-6213-0601) (001-060-6001-6214-0554) (001-060-6001-6214-0587) (001-060-6001-6214-0617) (001-060-6001-6215-0551) Educ. Other Mileage Mileage Books & Subscrip. Mileage Books & Subscrip. Pmnts Parents in Lieu of Trans Tuition - In State Mileage Office Supplies Educ. & Rec. Supp. Educ. & Rec. Supp. Maint. Serv. Contr. Books & Subscrip. Educ. $ Rec. Supp. Vehicle & Equip. Fuel Books & Subscrip. Books & Subscrip. Other Professional Services General Liab. Ins. Mileage Educ. & Rec. Supp. Educ. & Rec. Supp. Books & Subscrip. Mileage Dues & Assoc. Memb Field Trips Books & Subscrip. Books & Subscrip. Test/Eval/Dissemin Other Oper. Supp. Conven./Education Inservice Wrkshops Inservice Supplies Mileage Other Oper. Supp. Mileage Books & Subscrip. Books & Subscrip. Tuition - Private Schools Educ. & Rec. Supp. Books & Subscrip. Books & Subscrip. Repair & Maint. & Rec. Supp. (001-060-6001-6215-0614) Opp. Supplies(O01-060-6001-6215-0615) (001-060-6001-6217-0551) (001-060-6001-6218-0551) (001-060-6001-6218-0613) (001-060-6001-6219-0551) (001-060-6001-6225-0613) (001-060-6001-6229-0344) (001-060-6001-6229-0382) (001-060-6001-6229-0551) (001-060-6001-6229-0601) (001-060-6001-6246-0614) (001-060-6001-6301-0614) (001=060-6001-6302-0332) (001-060-6001-6302-0613) (001-060-6001-6302-0614) (001-060-6001-6303-0609) (001-060-6001-6304-0613) (001-060-6001-6305-0613) (001-060-6001-6306-0313) (001-060-6001-6306-0538) (001-060-6001-6306-0551) (001-060-6001-6306-0614) (001-060-6001-6307-0614) (001-060-6001-6308-0613) (001-060-6001-6311-0551) (001-060-6001-6311-0581) (001-060-6001-6311-0583) (001-060-6001-6311-0613) (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) (001-060-6001-6315-0615) (001-060-6001-6317-0551) (001-060-6001-6318-0613) (001-060-6001-6325-0613) (001-060-6001-6329-0312) (001-060-6001-6331-0614) (001-060-6001-6333-0613) (001-060-6001-6336-0613) Payments Maint. Serv. Mileage Books & Subscrip. Educ & Rec. Supp. Repl. - Machinery and Equipment Educ. & Rec. Supp. Educ. & Rec. Supp. Conven./Education Conven./Education Dues & Assoc. Memberships Printing & Binding Services (001-060-6001-6343-0331) Contr.(O01-060-6001-6343-0332) (001-060-6001-6343-0551) (001-060-6001-6343-0613) (001-060-6001-6343-0614) (001-060-6001-6343-0801) (001-060-6001-6346-0614) (001-060-6001-6666-0614) (001-060-6002-6661-0554) (001-060-6002-6662-0554) (001-060-6002-6662-0581) (001-060-6002-6662-0351) 928.00 6,623.00 5,000.00 769.00 331.00 1,677.00 457.00 361.00 274.00 225.00 44.00 149.00 220.00 629.00 186.00 21,246.00 52.00 10.00 39.00 174.00 3,054.00 222.00 144.00 7.00 22,317.00 1,456.00 7,076.00 2,734.00 88.00 3,647.00 321.00 2,781.00 897.00 52.00 4,111.00 12,839.00 8,515.00 6,948.00 48,049.00 2,154.00 1,086.00 1,722.00 45.00 16,900.00 1.00 5.00 2,835.00 12,812.00 24.00 559.00 141.00 450.00 2,283.00 1,535.00 128.00 456.00 489.00 226.00 28,788.00 25.00 684.00 100.00 1,939.00 9 267) 268) 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) 296) 297) 298) 299) 3O0) 301) 302) 303) 304) 305) 306) 307) 308) 309) 310) 311) 312) 313) 314) 315) 316) Conven./E ducati on Office Supplies Office Supplies Printing & Binding Services Office Supplies Postal Services Telecommunications Mileage Office Supplies Addt-Data Process Equipment Office Supplies Maint. Serv. Contr. Lease/Rent of Equip Office Supplies Other Professional Services Mileage Test/E val/Di ssemi n Test/Eval/Di ssemi n Office Supplies Educ. & Rec. Supp. Laundry/Dry Clean. Office Supplies Vehicle & Equip. Fuel Repl-School Buses Vehicle & Equip. Supplies Inservice Wrkshops Other Professional Services Electrical Service (001-060-6002-6663-0554) (001-060-6002-6663-0601) (001-060-6002-6664-0601) (001-060-6002-6665-0351) (001-060-6002-6665-0601) (001-060-6002-6666-0521) (001-060-6002-6666-0523) (001-060-6002-6666-0551) (001-060-6002-6666-0601) (001-060-6002-6666-0826) (001-060-6002-6668-0601) (001-060-6002-6669-0332) (001-060-6002-6669-0541) (001-060-6002-6669-0601) (001-060-6002-6673-0313) (001-060-6002-6673-0551) (001-060-6002-6673-0584) (001-060-6002-6674-0584) (001-060-6002-6674-0601) (001-060-6002-6674-0614) (001-060-6002-6675-0371) (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) (001-060-6002-6681-0313) (001-060-6002-6681-0511) Telecommunications (001-060-6002-6681-0523) Janitorial Services(O01-060-6002-6681-0606) Repair & Maint. Supplies Repair & Maint. Supplies Repair & Maint. Payments Office Supplies Repair & Maint. Supplies Repl-Furniture & Fixtures Vehicle & Equip. Supplies Repair & Maint. Supplies Police Supplies Mileage Food Serv. Supp. Repair & Maint. Supplies Repl-Other Capital Outlays Repl-Data Process Equipment Books & Subscrip. Repl-Machinery and Equipment Repl-Machinery and Equipment Addt-Motor Vehicles and Equipment Repl-Furniture Fixtures Repl-Other Capital Outlays (001-060-6002-6681-0608) (001-060-6002-6682-0608) (001-060-6002-6683-0331) (001-060-6001-6683-0601) (001-060-6002-6683-0608) (001-060-6002-6683-0802) (001-060-6002-6684-0610) (001-060-6002-6685-0608) (001-060-6002-6685-0611) (001-060-6003-6788-0551) (001-060-6003-6788-0603) (001-060-6003-6788-0608) (001-060-6004-6207-0809) (001-060-6004-6302-0806) (001-060-6004-6304-0613) (001-060-6004-6313-0801) (001-060-6004-6681-0801) (001-060-6004-6683-0824) (001-060-6004-6896-0802) (001-060-6004-6896-0809) 36.00 222.00 1,527.00 2,927.00 1,914.00 5,000.00 669.00 9.00 1,955.00 1,402.00 99.00 538.00 304.00 1,806.00 5,000.00 11.00 150.00 171.00 678.00 1,145.00 9,310.00 988.00 441.00 64,340.00 8,830.00 105.00 60.00 6,685.00 125.00 4,001.00 41,933.00 2,373.00 2,410.00 515.00 9,454.00 34,199.00 4,057.00 2,265.00 221.00 208.00 10,452.00 1,012.00 40,000.00 56,871.00 193,869.00 42,538.00 6,540.00 48,202.00 68,956.00 198,150.00 10 317) 318) Buildings (001-060-6004-6896-0851) $ 19,709.00 Reserve for Prior Year Encumbrances (001-3331) (2,668,282.00) 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 July, 1990. No. 30147-70990. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Other Charges (1) ................................. Pumping Stations Other Charges (2-4) ............................... Purification Other Charges (5-7) ............................... Capital Outlay from Revenue Capital Outlay (8-10) ............................ $ 1,624,670.00 20,869.00 595,068.00 407,514.00 836,945.00 222,376.00 1,105,130.00 1,105,130.00 1) Administrative Supp. 2) Administrative Supp. 3) Maint. of Equip. 4) Maint. of Bldgs. 5) Chemicals 6) Maint. of Equip. 7) Maint. of Bldgs. 8) New Services, Hydrants, Lines 9) Unidentified Plant Replacement 10) Expand Carvins Cove Plant (002-056-2160-2030) (002-056-2165-2030) (002-056-2165-2048) (002-056-2165-2050) (002-056-2170-2045) (002-056-2170-2048) (002-056-2170-2050) (002-056-2178-9025) (002-056-2178-9026) (002-056-2178-9036) $ 69.00 488.00 96.00 1,730.00 11,066.00 614.00 128.00 2,138.00 9,137.00 20,855.00 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 July, 1990. No. 30148-70990. 11 AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Administrative Contractual Services (1) ........................... Maintenance Other Charges (2-4) ................................ Operations Other Charges (5-6) ................................ Laboratory Other Charges (7-8) ................................ Capital Outlay from Revenue Capital Outlay (10) ................................ $ 2,191,549.00 1,503,661.00 799,946.00 469,699.00 2,041,909.00 1,196,808.00 244,137.00 78,716.00 73,968.00 73,968.00 1) Fees for Profes. Servs. 2) Chemicals 3) Maint. of Equip. 4) Maint. of Bldgs. 5) Chemicals 6) Maintenance of Intrastructures 7) Chemicals 8) Pretreatment EPA Regs. 9) Maintenance of Infrastructures 10) Other Equipment (003-056-3150-2010) (003-056-3155-2045) (003-056-3155-2048) (003-056-3155-2050) (003-056-3160-2045) (003-056-3160-3055) (003-056-3165-2045) (003-056-3165-3047) (003-056-3165-3055) (003-056-3175-9015) $ 753,161.00 11.00 48,583.00 1,405.00 564.00 44.00 53.00 22.00 241.00 4,768.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 12 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30149-70990. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Civic Center Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Operating $1,524,612.00 Contractural Services (1) ........................... 68,079.00 Other Charges (2-4) ................................. 472,901.00 Capital Outlay from Revenue 74,536.00 Capital Outlay (5) .................................. 74,536.00 1) Fees for Prof. Services 2) Admin. Supplies 3) Maint. of Equip. 4) Maint. of Bldgs. 5) Other Equipment (005-050-2105-2010) (005-050-2105-2030) (005-050-2105-2048) (005-050-2105-2050) (005-050-8600-9015) $ 13,500.00 2,066.00 950.00 237.00 24,536.00 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 July, 1990. No. 30150-70990. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Management Services $ Other Charges (1) ................................. Capital Outlay (2) ................................ City Information Systems Contractual Services (3) .......................... Other Charges (4-8) ............................... Capital Outlay (9-10) ............................. 431,848.00 228,002.00 35,379.00 2,885,680.00 295,825.00 224,428.00 1,043,267.00 13 Material s Control Capital Outlay (11) ........................... Motor Vehicle Maintenance Contractual Services (12) .............. Other Charges (13-15) .................. Capital Outlay (16) .................... Utility Line Services Contractual Services (17) .............. Other Charges (18-21) .................. Capital Outlay (22-24) ................. eeeeeee eeeeeee eeeeeee leeleee eeeeeee $ 173,551.00 .... 15,279.00 1,892,040.00 .... 60,600.00 .... 283,006.00 .... 31,857.00 2,900,609.00 .... 11,272.00 .... 281,140.00 .... 418,388.00 1) Admin. Supplies 2) Furn. & Equip. 3) Maint. Contracts 4) Telephone 5) Library Automa. 6) Admin. Supplies 7) Expendable Equip 8) Publications and Subscriptions 9) Other Equipment 10) Automated Library Equipment 11) Other Equipment 12) Fees for Prof. Services 13) Admin. Supplies 14) Wearing Apparel 15) Project Supplies 16) Other Equipment 17) Fees for Prof. Services 18) Admin. Supplies 19) Expendable Equip. 20) Maint. Equip. 21) Project Supplies 22) Vehicular Equip. 23) Other Equipment 24) Const. Struct. (006-002-1617-2030) $ 3,602.00 (006-002-1617-9005) 12,736.00 (006-050-1601-2005) 12,500.00 (006-050-1601-2020) 750.00 (006-050-1601-3100) 4,786.00 (006-050-1601-2030) 8,305.00 (006-050-1601-2035) 2,896.00 (006-050-1601-2040) 1,159.00 (006-050-1601-9015) 14,102.00 (006-050-1601-9018) 848,560.00 (006-050-1613-9015) 14,779.00 (006-052-2641-2010) 50,000.00 (006-052-2641-2030) 2,401.00 (006-052-2641-2064) 1,117.00 (006-052-2641-3005) 10,738.00 (006-052-2641-9015) 10,271.00 (006-056-2625-2010) 672.00 (006-056-2625-2030) 149.00 (006-056-2625-2035) 1,482.00 (006-056-2625-2048) 797.00 (006-056-2625-3005) 9,963.00 (006-056-2625-9010) 105,202.00 (006-056-2625-9015) 69,121.00 (006-056-2625-9060) 752.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk A PPROVED Mayor 14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30151-70990. A RESOLUTION authorizing the City Manager on behalf of the City to exe- cute a Special Order issued by the Commonwealth of Virginia State Water Control Board relating to high flows at the Roanoke Regional Water Pollution Control Plant, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized on behalf of the City to execute a Special Order issued to the City of Roanoke by the Commonwealth of Virginia State Water Control Board, in form approved by the City Attorney, in connection with excessive sewage flows at the Roanoke Regional Water Pollution Control Plant, as more particularly set forth in the July 9, 1990, report of the Water Resources Committee to this Council. ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30155-70990. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay from Revenue $ Asbestos Abatement Auditorium(I) ................... 314,141.00 234,600.00 Retained Earnings Retained Earnings Unrestricted (2) ...................... 1,529,406.00 1) Appropriation from General Revenue 2) Retained Earn. Unrestricted (005-050-8628-9003) $ 158,000.00 (005-3336) (158,000.00) 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 The 9th day of July, 1990. No. 30156-70990. AN ORDINANCE accepting the bid of WACO, Inc., for the removal of asbestos containing materials at the Roanoke Civic Center Auditorium, upon certain terms and conditions, 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 WACO, Inc., in the total amount of $144,800.00 and 45 consecutive calendar days, for the removal of asbestos containing materials around the area of the main and balcony level lobbies at the Roanoke City Center, as more particularly set forth in the July 9, 1990, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications, made therfor 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 requisiste 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, and 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 23rd day of July, 1990. No. 30130-72390. 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, Contracting Enterprises, Inc., 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 §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on July 9, 1990, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: BEGINNING at the intersection of the easterly right-of- way line of Ashlawn Street, S. W., (60' R/W) and the southerly right-of-way line of a 20' alley, which point is N. 21° 16' E. 100 feet from the point of intersection of the easterly right-of-way line of Ashlawn Street, and the northerly right-of-way line of Russell Avenue, S. W., (60' R/W); thence with the easterly right-of-way line of Ashlawn Street, N. 21° 16' E. 20 feet to a point; thence S. 68° 44' E. 250 feet to a point in the westerly right-of-way line of Bedford Street (60' R/W); thence S. 21° 16' W. 20 feet to a point; thence N. 68° 44' W. 250 feet to the point of BEGINNING. 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 and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electri- city, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related faci- lities 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 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 Contracting Enterprises, Inc., and the names of any other parties in interest who may so request, as Grantees. 17 ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30131-72390. 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, William D. Brown and Shelby B. Hill 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 §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on July 9, 1990, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: 18 Beginning at the southwest corner of Lot 6, Block 47 of Rogers, Fairfax and Houston Addition (D. B. 48, Page 452); thence with the southerly boundary of Lot 6, and Lot 7, Block 47 of said subdivision, S 69° 06' 50" E, 84.16 feet to a point; thence, crossing an existing alley with a new line and running along loth Street, N. W., S 20° 42' 42" W, 15.00 feet to a point lying on the northerly boundary of Lot Block 47, of said subdivision; thence with the northerly boundary of Lot 15 and Lot 14, Block 47 of said subdivision, N 69° 06' 50" W, 84.16 feet to the northwest corner of said Lot 14; thence crossing said alley N 20° 42' 42" E, 15.00 feet to the Place of BEGINNING. 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 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 the the applicants providing to the City a final sub- division plat for review, approval and recordation, dedicating therein an area sufficient to provide a turnaround, and the applicants providing a bond or per- formance guarantee to the City in an amount deemed sufficient by the City Engineer to construct the proposed turnaround and other required improvements attendant to the proposed subdivision; and, in the event these conditions have not been met 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 names of William D. Brown and Shelby B. Hill, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30132-72390. 19 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, Michel Real Estate Partnership 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 §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on July 9, 1990, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. WHEREAS, 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: (1) A ten foot alley beginning at the intersection of the alley and Centre Avenue, running north and south 132.5 feet, and terminating at its intersection with a City alley running east and west between 24th Street and 25th Street, between Centre Avenue and Shenandoah Avenue, said ten foot alley also lying between Official Tax Nos. 2310520 and 2310521. (2) An alley right-of-way running in a north/south direction along the east side of Lot 20, Official Tax No. 2310520, bet- ween 24th Street and 25th Street, 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 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 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. 20 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 Michel Real Estate Partnership, and the names of any other par- ties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30133-72390. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, 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 Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on July 9, 1990, 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 pro- vided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 232 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a tract of land containing 0.1492 acre, more or less, being Lot 6 of Block 6, Map of Villa Heights, and known as 2410 Hanover Avenue, N. W., designated on Sheet No. 232 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2320806 be, and is hereby rezoned from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to those conditions proffered by and set forth in the Petition to Rezone filed in the Office of the City Clerk on May 14, 1990, and that Sheet No. 232 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED Vice-Mayor 21 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30134-72390. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, 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-1, Office District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 9, 1990, at 7:30 p.m., 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 pro- vided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as the eastern portion of a lot lying between Elm Avenue, S. E., South Jefferson Street, Williamson Road, S. E., and Highland Avenue, S. E., designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number 4020801 be, and is hereby rezoned from LM, Light Manufacturing District, to C-1, Office District, and that Sheet No. 402 of the Zone Map be changed in this respect. ATTEST: APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30152-72390. AN ORDINANCE granting a conditional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N.W., located adja- cent to 3804 Melrose Avenue, N.W., Official Tax No. 2762008, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted the current owner, Joseph A. Parrish, his grantees, assignees, or successors in interest, of the property bearing Official Tax No. 2762008, otherwise known as 3804 Melrose Avenue, N. W., within the City of Roanoke, to maintain an encroachment by an existing structure 22 encroaching approximately 3 feet over and into the public right-of-way of Adams Street, N. W., as more fully described in a report of the Water Resources Committee dated July 9, 1990, on file in the Office of the City Clerk. 2. Said permit, granted pursuant to §15.1-377, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the afore- said §15.1-377. 3. It shall be agreed by the permittee that, in maintaining such encroachments, said permittee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroach- ment over public right-of-way. 4. Permittee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the main- tenance and use of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $500,000.00 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30153-72390. AN ORDINANCE granting a revocable license for the construction of cer- tain building appendages encroaching over and into the right-of-way of Campbell Avenue and Market Square, located at Center In The Square, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. A revocable license shall be and is hereby granted the current owners, Center In The Square, their grantees, assignees, or successors in interest, of the aforesaid property otherwise known as Center In The Square, within the City of Roanoke, to construct and maintain decorative glass and steel canopies attached to the facade of the Center In The Square over and into the public right-of-way of Campbell Avenue and Market Square, as more fully des- cribed in a report of the Water Resources Committee dated July 9, 1990, on file in the Office of the City Clerk. 2. Said license, granted pursuant to §15.1-376, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the afore- said §15.1-376. 3. It shall be agreed by the licensee that, in constructing, using and maintaining such encroachments, said licensee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the construction, maintenance or existence of above-described encroachments over public right-of-way. 4. Licensee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the construction, maintenance, uSe, or existence of the structure and areas per- mitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $1,000,000, bodily injury insurance in the amount of $1,000,000 for injuries to one person in any one occurrence and $5,000,000 annual aggre- gate, and property insurance in the amount of $500,000 for damage in any one occurrence and $1,000,000 annual aggregate, or umbrella coverage for all of the foregoing of at least $5,000,000, with all such coverages to include the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by licensee, has been admitted to record, at the cost of the licenseee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. 23 ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30154-72390. AN ORDINANCE authorizing the abandonment of a certain unused sanitary sewer line located on property owned by the American Red Cross, Roanoke Valley Chapter, upon certain terms and conditions. IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate documentation providing for the abandon- ment by the City of an existing unused sanitary sewer line, approximately 183 feet in length, extending in an easterly direction from a manhole located on the east side of Fourth Street, S. W., with a terminus adjacent to the west side of the existing American Red Cross building, as more particularly set forth in the report of the Water Resources Committee to this Council dated July 9, 1990. APPROVED ATTEST: City Clerk Vi ce-Mayor 24 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30157-72390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental $12,218,584.00 Transfer to Other Funds (1) .......................... 10,285,426.00 Public Safety 27,184,583.00 Jail (2) ............................................. 4,027,814.00 Grant Fund Appropriations Public Safety $ Adult Basic Education - FY91 (3-4) ................... 819,378.00 10,556.00 Revenue Public Safety $ Adult Basic Education - FY91 (5-6) ................... 819,378.00 10,556.00 1) Transfers to Grant Fund 2) Fees for Prof. Services 3) Temp. Employee Wages 4) FICA 5) Local Match 6) State Revenue (001-004-9310-9535) $ (001-024-3310-2010) (035-024-5002-1004) (035-024-5002-1120) (035-035-1234-7086) (035-035-1234-7085) 1,056.00 (1,056.00) 9,806.00 750.00 1,056.00 9,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30158-72390. 25 AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety $ Drug Testing of Pre-Trial Felons (1-7) ............... 874,603.00 65,781.00 Revenue Public Safety $ Drug Testing of Pre-Trial Felons (8) ................. 874,603.00 65,781.00 1) Regular Employee Salaries (035-024-5016-1002) $ 21,356.00 2) Overtime (035-024-5016-1003) 3,000.00 3) FICA (035-024-5016-1120) 1,634.00 4) VSRS Retirement (035-024-5016-1110) 3,274.00 5) Hosp. Insurance (035-024-5016-1125) 1,632.00 6) Dental Insurance (035-024-5016-1126) 108.00 7) Other Equipment (035-024-5016-9015) 34,777.00 8) State Grant for Drug Testing (035-035-1234-7079) 65,781.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~./.,=_ City Clerk Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30159-72390. A RESOLUTION authorizing the acceptance of a Grant for Drug Testing of Accused Felons Awaiting Trial made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services 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 Grant for Drug Testing of accused Felons awaiting trial in the total amount of $65,781 from the Commonwealth of Virginia Department of Criminal Justice Services. 2. W. Robert Herbert, City Manager, or Earl B. Reynolds, Assistant City Manager, or their respective successors in office are hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant. 26 3. The City Manager is further directed to furnish such additional information as may be required in connection with the aforegoing grant or with such project. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30160-72390. A RESOLUTION authorizing the proper City officials to execute a Customer Incentive Agreement with Abbott Laboratories to provide drug testing materials for the city jail. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The proposal of Abbott Laboratories made to the City to enter into a Customer Incentive Agreement to provide reagents, calibrators, controls and miscellaneous materials as well as maintenance service until July 1, 1991 on the ADX abused Drug Analyzer, all as more particularly set forth in the City Manager's report to Council dated July 23, 1990, for an amount not to exceed $34,777, is hereby accepted. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite agreement with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said agreement 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, exe- cution of such agreement to be subject to approval of the appropriate supporting documents. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30161-72390. A RESOLUTION authorizing the execution of a written agreement with the City of Roanoke Redevelopment and Housing Authority relating to the performance of certain Community Development Block Grant program activities to be undertaken by the City during Program Year 1990-1991. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, a written agreement, more particularly described in the report of the City Manager dated July 23, 1990, and providing for the provision of certain administrative services under the City's Community Development Block Grant for the 1990-1991 Program Year, between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, and providing for the services to be rendered by said Authority to the City in implementing certain program activities identified in the City's application and budget for the aforesaid Grant, along with certain terms and conditions described in the aforesaid report, including the compensation to be paid to the Authority. 2. The form of the contract between the City and the Authority shall be approved by the City Attorney. APPROVED ATTEST: City C1 erk Vice-Mayor 27 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30162-72390. A RESOLUTION authorizing the City Manager to execute an Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO) to provide for the use of certain Community Development Block Grant (CDBG) funds for the rehabilitation of a vacant house at 702 Gilmer Avenue, N. W. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), which Agreement shall provide for the use of CDBG funds in the amount of $15,000 along with funds of the NNEO for its rehabilitation of a vacant house at 703 Gilmer Avenue,which dwelling is proposed to be sold after rehabilitation to low to moderate income persons, in accordance with the recommendation contained in the City Manager's report to Council, dated July 23, 1990. 2. The form of the Agreement shall be approved as to form by the City Attorney. ATTEST: ~. ~~P P R 0 V E D City Clerk Vice-Mayor 28 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30163-72390. AN ORDINANCE 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 Industry Council; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute an agreement dated July 1, 1990, by and between the City, the Governor's Employment and Training Depart- ment, 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 par- ties thereto with regard to the implementation of certain programs afforded under Title II of the Federal Job Training Partnership Act, such agreement to be in such form as set forth in the City Manager's report of July 23, 1990; such agreement to be approved as to form by the City Attorney prior to its execution. 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30164-72390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Streets and Bridges $ 6,167,425.00 2nd Street/Gainsboro Road/Wells Avenue (1-2) ......... 1,713,555.00 Capital Improvement Reserve 3,204,655.00 Public Improvement Bonds - Series 1988 (3) ........... 470,256.00 Revenue Due from State - 2nd Street (4) ........................ $ 715,974.00 1) Appropriation from bonds (008-052-9547-9001) $ 1,758.00 2) Appropriation from State (008-052-9547-9007) 35,154.00 2g 3) Streets and Bridges (008-052-9603-9181) (1,758.00) 4) Due from State - 2nd Street (008-1233) (35,154.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~~ City C1 erk APPROVED Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30165-72390. A RESOLUTION authorizing the execution of a contract with Mattern & Craig, P.C. 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, P.C. 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 July 23, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $200,000.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30166-72390. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Branch & Associates, Inc., for replacement of blower engine No. 7 with a diesel fuel blower engine at the Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the 20 City Attorney, Change Order No. 2 to the City's contract with Branch & Associates, Inc., dated August 14, 1989, related to replacement of blower engine No. 7 with a diesel fuel blower engine at the Water Pollution Control Plant. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT WITH PREVIOUS CHANGE ORDER CHANGE ORDER NO. 2 Contract Item: Removal of 20,000 gallon steel fuel tank Additional excavation, added ballast and larger tank slab TOTAL AMOUNT OF CHANGE ORDER NO. 2 $ 828,800.00 $ 830,300.00 $ 18,000.00 $ 6,600.00 $ 11,400.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 $ 818,900.00 Additional calendar days resulting from Change Order No. 2 None. 3. In order to provide for the usual daily operation of the muni- cipal 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 23rd day of July, 1990. No. 30167-72390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Sanitation $ 8,823,448.00 Statesman Industrial Park Storm Drainage Improvement (1-2) ........................... 310,000.00 Capital Improvement Reserve 2,896,413.00 Public Improvement Bonds - Series 1990 (3) ........... (1,102,677.00) Capital Improvement Reserve - Storm Drains (4) ....... 602,245.00 31 1) Appropriation from Bonds 2) Appropriation General Revenue 3) Storm Drains 4) Storm Drains (008-052-9656-9001) $ (008-052-9656-9003) (008-052-9700-9176) (008-052-0575-9176) 164,000.00 146,000.00 (164,000.00) (146,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: .~~ City Clerk Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30168-72390. A RESOLUTION authorizing the execution of a contract with Mattern & Craig, P.C. to provide certain engineering services, specifically the design, plans, specifications, and related construction documents, for stormwater man- agement facilities for Statesman Industrial 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 Mattern & Craig, P.C. for the provision by such firm of engineering services for stormwater management facilities for Statesman Industrial Park, as more particularly set forth in the July 23, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $310,000.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: ~~ City Clerk APPROVED Vice-Mayor 22 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30169-72390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental $12,227,536.00 Transfers to Other Funds (1) ......................... 10,294,378.00 Community Development 1,207,653.00 Community Plannin9 (2) ............................... 353,744.00 Grant Fund Appropriations Health and Welfare $ Youth Services Grant 90-I-15 (3-14) .................. 407,760.00 50,832.00 Revenue Health and Welfare $ Youth Services Grant 90-I-15 (15-16) ................. 1) 2) 3) Transfer to Grant Fund Local Match Regular Employee Salaries (035-052-8828-1002) 33,343.00 4) ICMA Retirement (035-052-8828-1115) 2,988.00 5) FICA (035-052-8828-1120) 2,767.00 6) Life Insurance (035-052-8828-1130) 341.00 7) Hosp. Insurance (035-052-8828-1125) 1,452.00 8) Dental Insurance (035-052-8828-1126) 84.00 9) Salary Supplement (035-052-8828-1050) 900.00 10) Train. & Development (035-052-8828-2044) 500.00 11) Admin. Supplies (035-052-8828-2030) 1,025.00 12) Telephone (035-052-8828-2020) 1,500.00 13) Management Services (035-052-8828-7015) 1,000.00 14) Special Projects (035-052-8828-2034) 4,932.00 15) State Grant Revenue (035-035-1234-7042) 40,824.00 16) Local Match (035-035-1234-7043) 10,008.00 (001-004-9310-9535) $ (001-052-8110-9536) 10,008.00 (10,008.00 407,760.00 50,832.00 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 23rd day of July, 1990. No. 30170-72390. 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 Corrections and authorizing the acceptance, execution and filing of the "Special Conditions" with the Department of Corrections for this grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1991. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Corrections of a Delinquency Prevention and Youth Development Act Grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1991, in an amount and subject to such terms as are described in the report to Council from the City Manager dated July 23, 1990. 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" with the Department of Corrections for the aforementioned grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Corrections in connection with the City's acceptance of the aforementioned grant or with such project. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30171-72390. A RESOLUTION accepting the bid of Swan Services, Inc. for providing custodial services at certain City facilities, upon certain terms and con- ditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Swan Services, Inc. made to the City in the total amount of $43,894.44 for providing custodial services at certain City facili- ties, for the period beginning August 1, 1990, and ending July 31, 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. 3'4 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. ATTEST: ,~~ City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30172-72390. A RESOLUTION accepting the bid of Total Action Against Poverty (TAP), for demolition of the old A & P Building located at 28 Salem Avenue, S. E., upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Total Action Against Poverty {TAP) in the total amount of $21,292.00 and 24 consecutive calendar days, for demolition of the old A & P Building located at 28 Salem Avenue, S. E., such demolition to be performed by TAP or its assignee or subcontractor as approved by the City Manager or the Assistant City Manager, and as more particularly set forth in the July 23, lg90 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, and assignment or subcontract with the successful bidder and its assignee or subcontractor, based on the bidder's proposal made therefor and the City's specifications made therefor, said contract and assignment or subcontract to be in such forms as are 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 C1 erk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30173-72390. AN ORDINANCE amending and reordaining subsections (a) and (b) of §1-10, Classification of and penalty for violations; continuin~ violations, Code of the City of Roanoke (1979), as amended, to conform the penalties for Class 2 and 4 misdemeanors to the maximum permitted under the Code of Virginia (1950), as amended; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsections (a) and (b) of §1-10, Classification of and penalty for violations; continuing violations, Code of the City of Roanoke (1979), as amended, shall be amended and reordained as follows: §1-10. Classification of and penalty for violations; contin- uin9 violations. (a) Whenever in this Code or in any other ordinance of the City any act is prohibited or is declared to be unlawful or an offense or a misdemeanor, or the failure to do any act is declared to be unlawful or an offense or misdemeanor, the violation of any such provision of this Code or any such ordinance shall, unless otherwise specifically provided, constitute a Class I misdemeanor. (b) Whenever it is provided that any violation of any provision of this Code or any other ordinance of the City constitutes a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punishable as follows: (1) For Class I misdemeanors, confinement in jail for not more than twelve (12) months and a fine of not more than one thousand dollars ($1,000.00), either or both. (2) For Class 2 misdemeanors, confinement in jail for not more than six (6) months and a fine of not more than one thousand dollars ($1,000.00), either or both. (3) For Class 3 misdemeanors, a fine of not more than five hundred dollars ($500.00). (4) For Class 4 misdemeanors, a fine of not more than two hundred fifty dollars ($250.00). 2. In order to provide for the usual daily operation of the munici- pal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect with respect to offenses or violations committed or occurring on or after August 1, 1990. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30174-72390. AN ORDINANCE providing for an assessment of two dollars ($2.00) to be taxed as costs in each criminal or traffic case in the Circuit Court for the City of Roanoke, the General District Court for the City of Roanoke and the Family Court for the City of Roanoke; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. An assessment in the amount of two dollars ($2.00) shall be taxed as costs in_each criminal or traffic case in the Circuit Court for the City of Roanoke, the General District Court for the City of Roanoke and the Family Court for the City of Roanoke. 2. Such assessment shall be collected by the Clerk of the Court in which the ac~ion._!$ .filed and remitted to the City Treasurer and held by such Treasurer subject to disbursement by the City Council for the construction, renovation or maintenance of the courthouse or jail and court related facilities and to defray increases in the costs of heating, cooling, electricity and ordi- nary maintenance. 3. The assessment provided for herein shall be in addition to any other fees prescribed by law. 4. In order to provide for the usual daily operation of the municipal government, an emergency is declared to exist, and the assessment prescribed by this ordinance shall be applicable to all criminal and traffic offenses or infractions occurring on or after July 24, 1990. ATTEST: APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30175-72390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Sanitation $8,618,363.00 Hemlock Hills Storm Drain (1) ........................ 104,915.00 Capital Improvement Reserve 3,101,498.00 Public Improvement Bonds - Series 1988 {2) ........... 872,760.00 27 1) Appropriation from Bonds (008-052-9655-9001) $ 104,915.00 2) Storm Drains (008-052-9603-9176) (104,915.00) 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 23rd day of July, 1990. No. 30176-72390. AN ORDINANCE accepting the bid of E. C. Pace Company, Inc., for construction of Hemlock Hills storm drainage improvements from Guernsey Lane, N. W. to West Side Boulevard, 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 E. C. Pace Company, Inc., in the total amount of $99,915.00, for construction of Hemlock Hills storm drainage improvements from Guernsey Lane, N. W. to West Side Boulevard, N. W., as more particularly set forth in the July 23, 1990 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Vice-Mayor 28 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30179-81390. A RESOLUTION supporting tax exemption of property owned by Showtimers of Roanoke Valley, Inc., in the City of Roanoke used by it exclusively for charitable and cultural purposes on a non-profit basis, and memorializing a cer- tain agreement between Showtimers of Roanoke Valley, Inc., and this City. WHEREAS, Showtimers of Roanoke Valley, Inc., (hereinafter "the Applicant") has petitioned this Council for support for a bill to be introduced at the 1991 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, §6{a){6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held byCouncil on August 13, 1990; WHEREAS, the provisions of subsection B of §30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council. WHEREAS, the Applicant agrees that the property to be exempt from taxa- tion 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 per- sonal and real property shall be used by the Applicant exclusively for chari- table and cultural 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 i to be intro- duced on behalf of the Applicant at the 1991 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 1991 Session of the General Assembly whereby Showtimers of Roanoke Valley, Inc., (hereinafter "the Applicant"), a non-profit organization, seeks to be classified and designated a charitable and cultural 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 cultural 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 1991 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, 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 con- sidered the provisions of Subsection B of §30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recommends to the General Assembly that the specific classification shall be charitable and cultural. 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 David D. Beidler, counsel for the Applicant. 39 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 13th day of August, 1990. No. 30180-81390. AN ORDINANCE authorizing the issuance of not to exceed $1,000,000 General Obligation School Bonds, Series 1990, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof; repealing Ordinance #30136; and providing for an emergency. WHEREAS, in September, 1989, the School Board of the City of Roanoke, Virginia (the "School Board") obtained a commitment (the "Commitment") from the Commonwealth of Virginia Board of Education (the "Board of Education') for a loan of $1,000,000 (the "Literary Fund Loan") from the Literary Fund, a per- manent trust fund established by the Constitution of Virginia and dedicated to the support of public education in the Commonwealth of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"); WHEREAS, the Board of Education was to have given advances on the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been con- solidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligations of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 1990 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay to the City a lump sum cash payment equal to the net present value difference, determined on the date the VPSA sells its bonds, between the interest rate that the Literary Fund Obligation would have borne and the interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA (the "Lump Sum Cash Payment"; WHEREAS, the Council of the City of Roanoke (the "Council") has deter- mined that it is necessary and expedient to borrow an amount not to exceed $1,000,000 and to issue its general obligation school bonds for the financing of certain capital projects for school purposes. WHEREAS, the Council adopted Ordinance No. 30136 on July 9, 1990, authorizing such borrowing, the issuance of bonds, and the form and details of such bonds; WHEREAS, the VPSA has requested certain changes in the provisions to be included in such bonds; 40 WHEREAS, the City held a public hearing, on August 13, 1990, on the issuance of the Bonds (as defined below) in accordance with the requirements of Sections 15.1-171.1 and 15.1-504, Code of Virginia of 1950, as amended (the "Virginia Code"). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell general obligation bonds in an aggregate amount not to exceed $1,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Ordinance. The Council hereby authorizes the City's participation in the Program. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the VPSA and the Board of Education for the VPSA to purchase, and the City to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Ordinance and for the City to accept the Lump Sum Cash Payment from the Board of Education. The Mayor, or in his absence or disa- bility the Vice Mayor, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA (the "Bond Sale Agreement") and to accept the Lump Sum Cash Payment from the Board of Education. All prior acts of the Mayor in connection with the execution and delivery of the Bond Sale Agreement on behalf of the City pursuant to authorization of this Council on July 9, 1990 are hereby ratified, approved and confirmed. The actual principal amount of the Bonds shall be established in accordance with the Program but shall not exceed $1,000,000. 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof, shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1990"; shall bear interest payable semi-annually on July 15 and January 15 (each an "Interest Payment Date"), beginning January 15, 1991, at the rate or rates established in accordance with paragraph 4 of this Ordinance; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts as designated by VPSA and approved by the Mayor, or in his absence or disability the Vice Mayor. 4. Interest Rates. The Mayor, or in his absence or disability the Vice Mayor, is hereby authorized and directed to accept the interest rate or rates on the Bonds established by the VPSA, provided that no such interest rate or rates shall be more than ten one-hundredths of one percent (10.100 of 1%) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA (the "VPSA Bonds"), the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate or rates on the bonds shall exceed nine percent (9%) per annum: and the execu- tion and delivery of the Bonds as described in Section 8 hereof shall conclusi- vely evidence the same as having been approved and authorized by this Ordinance. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty (20) days written notice from the VPSA, the City shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 or any integral multiple, as requested by the VPSA, in exchange for the temporary typewritten Bond. e shall apply: Payment; Paying Agent and Registrar. The following provisions (a) For as along as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date and Principal Payment Date, or if such date is not a business date for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date and Principal Payment Date. (b) All overdue payment of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds. {c) The Director of Finance, in accordance with the City's Procurement Code, is authorized and directed to appoint and employ a bank or trust company qualified to serve and acceptable to VPSA to serve as Bond Registrar and Paying Agent for the Bonds. t7h~ Prepayment or Redemption. The principal installments of the Bond held by VPSA coming due on or before July 15, 2000, or the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2000, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of the Bonds held by the VPSA coming due after July 15, 2000, and the definitive Bonds that mature after July 15, 2000, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2000, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid and the prin- cipal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment of redemption: Redemption Dates Redemption Prices July 15, 2000 to July 14, 2001, inclusive ............. 103% July 15, 2001 to July 14, 2002, inclusive ............. 102% July 15, 2002 to July 14, 2003, inclusive ............. 101% July 15, 2003 and thereafter .......................... 100% Provided, however, that while the VPSA is the registered owner of the Bonds the City shall not call the Bonds for prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the VPSA. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety {90) and not less than thirty {30) days before the date fixed for pre- payment or redemption. 8. Execution of the Bonds. The Mayor, or in his absence or disabi- lity the Vice Mayor, and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds in an aggregate prin- cipal amount not to exceed $1,000,000 and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation~ufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and the interest shall become due, which tax shall be without limitation as to rate and amount and in addition to all other taxes authorized to be levied in the City. 10. School Board Approval. The Clerk of the Council is hereby authorized and directed to cause a certified copy of this Ordinance to be pre- sented to the School Board of the City. The Bonds hereby authorized shall not be issued by the Council until the School Board of the City shall have adopted and appropriate resolution consenting to the issuance of the Bonds. 11. Use of Proceeds Certificate. The Mayor, or in his absence or disability the Vice Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code", and applicable regulations relating to the exclusion from gross income of interest on the Bonds or on the VPSA Bonds. The Council cove- nants on behalf of the City that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and that the City shall comply with the other covenants and repre- sentations contained therein. Furthermore, the Council covenants on behalf of the City that the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 41 42 12. State Non-Arbitraoe Prooram; Proceeds Aoreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the Treasurer of the City to participate in the State Non-Arbitrage Program in connection with the Bonds. the May, or in his absence or disability the Vice Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository. 13. Filin9 of Resolution and Publication of Notice. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Circuit Court of the City and, with ten {10) days thereafter, to cause to be published once in a newspaper having general circulation in the City a notice setting forth (a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds. 14. Further Actions. Each member of the Council and all other offi- cers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Emer~enc~; Effective Date. The Council hereby determines, in its discretion pursuant to Section 13 of the Charter of the City of Roanoke, that this Ordinance is an emergency measure, immediately necessary to secure financing of the Project and thereby preserve the public peace, property, health or safety, VPSA having required the City to deliver a Bond Sale Agreement on July 10, 1990. This Ordinance shall take effect immediately. APPROVED ATTEST: ~~ City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30181-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental $12,232,715.00 Transfers to Other Funds (1) ......................... 10,315,506.00 Judicial Administration 3,367,982.00 Commonwealth's Attorney (2) .......................... 653,739.00 42 Grant Fund Appropriations Judicial Administration $ Victim Witness 90-91 (3-11) .......................... Revenue Judicial Administration $ Victim Witness 90-91 (12-13) ......................... 1) Transfer to Grant Fund 2) Local Match 3) Reg. Emp. Sal. 4) FICA 5) Hospital Ins. 6) Dental Ins. 7) Life Insurance 8) Train. & Dev. 9) Telephone 10) Admin. Supp. 11) Mgmt. Services 12) State Grant Revenue 13) Local Match (001-004-9310-9535) (001-026-2210-9536) (035-026-5114-1002) (035-026-5114-1120) (035-026-5114-1125) (035-026-5114-1126) (035-026-5114-1130) (035-026-5114-2044) (035-026-5114-2020) (035-026-5114-2030) (035-026-5114-7015) (035-035-1234-6952) (035-035-1234-6953) 20,072.00 (20,072.00) 41,443.00 3,050.00 2,904.00 168.00 423.00 3,339.00 1,080.00 1,964.00 1,320.00 35,619.00 20,072.00 168,320.00 55,691.00 168,320.00 55,691.00 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 13th day of August, 1990. No. 30182-81390. A RESOLUTION authorizing the acceptance of Grant No. 90-A7380 AD 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 docu- ments. 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. 90-A7380 AD in the total amount of $35,619.00 for Fiscal Year 90-91 for a Victim/Witness/Juror Assistance Program. $20,072. The local cash match for Fiscal Year 90-91 shall be the amount of 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. 90-A73890 AD. 44 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. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30183-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Education $65,027,439.00 Other Uses of Funds (1) ............................... 922,950.00 Instruction (2-4) ..................................... 48,334,919.00 Grant Fund Appropriations Education Alternative Education 90-91 (5-28) .................... Vocational Education Teen Mothers 90-91 (29-35) ................................ Special Education Program Evaluation 90-91 (36) ................................ Adult Basic Education 90-91 (37-51) ................... Project YES 90-91 (52-62) ............................. $17,532,795.00 325,642.00 48,501.00 2,000.00 122,716.00 267,374.00 Revenue Education Alternative Education 90-91 (63-64) ................... Vocational Education Teen Mothers 90-91 (65) ................................... Special Education Program Evaluation 90-91 (66) ................................ Adult Basic Education 90-91 (67-69) ................... Project YES 90-91 (70) ................................ $17,532,795.00 325,642.00 48,501.00 2,000.00 122,716.00 267,374.00 1) Transfers to Grant Fund 2) Matching Funds (001-060-6005-6999-0911) $ (001-060-6001-6400-0588) 247,742.00 (135,142.00) 45 3) Purchased Services 4) Matching Funds 5) Secondary Teachers 6) Coordinator 7) Supplements 8) Teacher Aide 9) Social Security 10) State Retire. 11) Health Insur. 12) State Group Life Insur. 13) Test. Materials 14) Instr. Supplies 15) Clerical 16) Social Security 17) State Retire. 18) Health Insur. 19) State Group Life Insur. 20) Insurance 21) Rent of Facility 22) Grant Eval. 23) Office Supplies 24) Tokens 25) Field Trip 26) Staff Travel 27) Postage 28) Telephone 29) Teacher 30) Social Security 31) State Retire. 32) Health Insur. 33) State Group Life Insur. 34) Travel 35) Contracted Child Care 36) Program Eval. 37) Teachers 38) Counselor 39) Teacher Aides 40) Social Security 41) State Retire. 42) Health Insur. 43) State Group Life Insur. 44) Clerical 45) Social Security 46) State Group Life Insur. 47) Health Insur. 48) State Group Life Insur. 49) Telephone 50) Travel 51) Instr. Supplies 52) Gui dance Counselors 53) Instr. Aides 54) Inserv. Train. 55) Social Security 56) State Retire. 57) Health Insur. 58) State Group Life Insur. 59) Tuition - Private Sch. 60) Travel 61) Field Trips (001-060-6001-6400-0381) $ ( 90,000.00) (001-060-6001-6450-0588) ( 22,600.00) (035-060-6423-6100-0121) (035-060-6423-6100-0123) (035-060-6423-6100-0129) (035-060-6423-6100-0141) (035-060-6423-6100-0201) (035-060-6423-6100-0202) (035-060-6423-6100-0128) (035-060-6423-6100-0205) (035-060-6423-6100-0584) (035-060-6423-6100-0614) (035-060-6423-6300-0151) (035-060-6423-6300-0201) (035-060-6423-6300-0202) (035-060-6423-6300-0128) (035-060-6423-6300-0205) (035-060-6423-6300-0538) (035-060-6423-6300-0541) (035-060-6423-6300-0584) (035-060-6423-6300-0601) (035-060-6423-6300-0342) (035-060-6423-6300-0583) (035-060-6423-6300-0551) (035-060-6423-6681-0521) (035-060-6423-6681-0523) (035-060-6424-6138-0121) (035-060-6424-6138-0201) (035-060-6424-6138-0202) (035-060-6424-6138-0128) (035-060-6424-6138-0205) (035-060-6424-6138-0551) (035-060-6424-6138-0381) (035-060-6588-6229-0584) (035-060-6745-6450-0121) (035-060-6745-6450-0123) (035-060-6745-6450-0141) (035-060-6745-6450-0201) (035-060-6745-6450-0202) (035-060-6745-6450-0128) (035-060-6745-6450-0205) (035-060-6745-6550-0152) (035-060-6745-6550-0201) (035-060-6745-6550-0202) (035-060-6745-6550-0128) (035-060-6745-6550-0205) (035-060-6745-6550-0523) (035-060-6745-6550-0551) (035-060-6745-6550-0614) (035-060-6967-6315-0123) (035-060-6967-6315-0141) (035-060-6967-6315-0129) (035-060-6967-6315-0201) (035-060-6967-6315-0202) (035-060-6967-6315-0128) (035-060-6967-6315-0205) (035-060-6967-6315-0312) (035-060-6967-6315-0551) (035-060-6967-6315-0583) 144,754.00 30,000.00 3,000.00 9,600.00 14,064.00 30,813.00 12,825.00 1,967.00 6,000.00 15,000.00 13,000.00 995.00 2,179.00 1,425.00 139.00 4,000.00 4,000.00 1,881.00 2,000.00 7,000.00 13,000.00 5,000.00 1,000.00 2,000.00 25,930.00 1,984.00 4,193.00 1,425.00 277.00 912.00 13,780.00 2,000.00 75,056.00 3,207.00 2,085.00 6,147.00 8,075.00 1,425.00 491.00 16,830.00 1,287.00 2,821.00 1,425.00 180.00 2,000.00 750.00 937.00 132,690.00 48,323.00 3,500.00 14,115.00 28,210.00 17,100.00 1,800.00 6,000.00 6,000.00 6,000.00 46 62) Instr. Matmr. 63) Local Match 64) Federal Grant Receipts 65) Federal Grant Receipts 66) Federal Grant Receipts 67) Local Match 68) Federal Grant Receipts 69) Fees 70) State Grant Receipts (035-060-6967-6315-0614) $ (035-060-6423-1101) (035-060-6423-1102) (035-060-6424-1102) (035-060-6588-1102) (035-060-6745-1101) (035-060-6745-1102) (035-060-6745-1103) (035-060-6967-1100) 3,636.00 225,142.00 100,500.00 48,501.00 2,000.00 22,600.00 98,360.00 1,756.00 267,374.00 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 13th day of August, 1990. No. 30184-81390. A RESOLUTION concurring in a license agreement between the Commonwealth of Virginia, Virginia National Guard and Walt Disney Pictures for use of the National Guard Armory. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager or Assistant City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute in form approved by the City Attorney appropriate documents evidencing the City's concurrence in the license agreement between the Commonweal th of Virginia, Virginia National Guard and Walt Disney Pictures, for use of the National Guard Armory, including provi- sions extending appropriate indemnifications and insurance coverage to protect the interests of the City of Roanoke and such other provisions as deemed necessary by the City Manager. ATTEST City Clerk APPROVED 47 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30185-81390. A RESOLUTION 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 approved as to form by the City Attorney necessary to imple-ment 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 deeds of trust securing the notes for each of the loans, authorizing the City Manager to execute certificates of satisfaction upon full payment and satisfac- tion of the loans; and authorizing recordation by the City Attorney of the cer- tificates of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke. 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 sub- standard housing, contingent upon approval by the Virginia Housing Development Authority {VHDA) of State rehabili-tation loans. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to loan CDBG funds in con- nection with the City's Home Purchase Assistance Program to the individuals identified in the City Manager's report dated August 13, 1990, 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 loan to be made to Susan J. Bottenfield and Sharol R. Stoneburner, which loan amount shall not exceed $19,250.00 for the purchase price, closing costs and attorney fees and rehabilitation of the property at 1118 Fifteenth Street, S. E., in accor- dance with the recommendations contained in the City Manager's report dated August 13, 1990. 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 loan to be made to Sharon R. Overton, which loan amount shall not exceed $15,500.00 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 541 Mountain Avenue, S. W., in accordance with the recommendations contained in the City Manager's report dated August 13, 1990. 4. To secure payment of the loans of CDBG funds made under the Home Purchase Assistance Program and performance by the loan recipients, each reci- pient 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 §26-49, 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. 48 7. Upon payment or full satisfaction of the debt secured by the deed of trust and delivery of the cancelled deed of trust note to the person or per- sons by whom it was paid, the City Manager shall be authorized to execute a cer- tificate 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. APPROVED ATTEST: City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30186-81390. AN ORDINANCE authorizing the execution of an option for possible acquisition of certain property located on Mecca Street off Route 460 East, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City, the appropriate real estate option agreement granting to the City the option to purchase certain real estate located on Mecca Street off Route 460 East with Mildred K. Peters, Charles L. McGhee and Edna L. McGhee, at an option price of $500.00 per each parcel, with right of entry during the option period and a termination date of November 1, 1990, upon such other terms and conditions as are deemed necessary and appropriate for the City, as more particularly set forth in the report to this Council dated August 13, 1990. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor I ~/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30187-81390. A RESOLUTION approving the granting of a leave of absence for educa- tional purposes to Deborah N. Conner, an employee of the Department of Human Resources. BE IT RESOLVED by the Council of the City of Roanoke that this Council APPROVES the granting of a leave of absence to Deborah N. Conner, Social Worker, in the Department of Human Resources, for the period of August 27, 1990, through May 17, 1991, for the purpose of meeting the requirements for a Master's Degree in Social Work from Virginia Commonwealth University, such approval, however, being made expressly subject to said employee's written agreement to abide by each and every term and provision of §2-45, Code of the City of Roanoke (1979), as amended, and such rules and regulations as may be promulgated by the City Manager; such written agreement to be approved as to form by the City Attorney. 49 ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30188-81390. A RESOLUTION approving the "Adopt-a-Highway" Program proposed to be established by the City for the purpose of maintaining certain public rights-of- way and parks free of litter; authorizing the City Manager to grant, by permit, local community organizations, civic, social or school groups, businesses, and individuals eighteen (18) years or older permission to adopt highways and other public areas in accordance with the City's "Adopt-a-Highway" conditions. WHEREAS, the Virginia Department of Transportation (VDOT) began the "Adopt-a-Highway" Program in 1988, and has encouraged localities to consider establishing similar programs to enhance the environment and the appearance of public rights-of-way and other areas. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to grant, by permit, local community organizations, civil, social or school groups, businesses, and indivi- duals eighteen {18) years or older permission to adopt highways and other public areas in accordance wi th the City's "Adopt-a-Highway" Program, and the recommen- dations contained in the report of the City Manager dated August 13, 1990. 2. The form of such permits and related documents shall have been approved by the City Attorney. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30189-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 50 Appropriations Public Safety $27,386,352.00 Crisis Intervention (1-3) ............................ 386,607.00 Juvenile Probation House (4) ......................... 345,405.00 Juvenile Detention Home (5) .......................... 635,696.00 Outreach Detention (6) ............................... 159,477.00 Revenue Grants-in-Aid Commonwealth $53,258,222.00 Other Categorical Aid (7) ............................ 13,812,245.00 1) Fees for Prof. Services 2) Expend. Equip. 3) Purchased Serv. 4) Expend. Equip. 5) Other Equipment (001-054-3360-2010) (001-054-3360-2035) (001-054-3360-3160) (001-054-3350-2035) (001-054-3320-9015) 6) Temp. Emp. Wages (001-054-3330-1004) 7) Juven. Facilities Block Grant (001-020-1234-0652) 1,418.00 5,000.00 11,293.00 6,387.00 14,923.00 3,908.00 42,929.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: 4. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30190-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety $ Fire Program Fund FY91 (1-2) .......................... 937,232.00 108,410.00 Revenue Public Safety Fire Program Fund FY91 (3) ............................ 937,232.00 108,410.00 1) Expend. Equip. 2) Train. & Dev. (035-050-3219-2035) (035-050-3219-2044) $ 80,410.00 28,000.00 51 3) State Grant Revenue (035-035-1234-7054) $108,410.00 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 13th day of August, 1990. No. 30191-81390. A RESOLUTION authorizing an agreement between the City and the Commonwealth of Virginia Department of Transportation for adjustment of water facilities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute, and the City Clerk is hereby authorized to attest, respectively, for and on behalf of the City, an Agreement between City of Roanoke and Commonwealth of Virginia Department of Transportation for Adjustment of Water Facilities, such changes in the City's water facilities being required by Highway Construction Project No. 0115-080-103, C501 (Route 115). 2. Relocation and ajdustment of the City's water facilities shall be carried out by the Commonwealth's highway contractor in accordance with plans and specifications submitted to the City and at no expense to the City. 3. Such utility relocation work shall be inspected by the City with its own forces upon completion of the work and at no expense to the Commonwealth. 4. The form of the Agreement authorized by this resolution shall be approved by the City Attorney. APPROVED ATTEST: J. City Clerk 52 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30192-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Sanitation Pipe Failure at 218 Houston Avenue., N. E. (1) ....... Williamson Road Retention Basin Const. (2) ........... Williamson Road Storm Drain, Ph. 2, Cont. IE (3) ..... $ 8,513,448.00 39,682.00 637,561.00 1,551,843.00 1) Appr. from Bonds (008-052-9657-9001) 2) Appr. from Bonds (008-052-9622-9001) 3) Appr. from Bonds (008-052-9634-9001) $ 39,682.00 (35,000.00) (4,682.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: 4. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30193-81390. A RESOLUTION ratifying an emergency purchase of materials and direct employment of labor for the repair of a storm drainage system at 218 Houston Avenue, N. E. WHEREAS, §41 of the City Charter authorizes the City Manager to make emergency purchases and employment of 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 purchases to the Council at its next regular meeting; WHEREAS, by reports of June 18, 1990, and August 13, 1990, the City Manager has advised of an emergency purchase of materials and direct employment of labor for repair of a storm drainage system at 218 Houston Avenue, N. E. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the emergency purchase of materials and direct employment of labor to accomplish repair work including installation of a new pre-cast manhole, relaying the existing 30 inch corrugated pipe, covering the pipe and the eroded area, mulching and seeding, and installing ground stone rip rap at the outlet end of 53 the pipe to prevent erosion, such repair work having been completed on or about July 13, 1990, at a total cost of $39,681.06 is hereby RATIFIED, and the Director of Finance is hereby authorized and directed to make requisite payment to said vendors. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30195-81390. AN ORDINANCE amending the Code of the City of Roanoke 1979, as amended, by enacting new §2-126, Designation of Director of Emergency Services, to provide that the City Manager shall serve as the City's Director of Emergency Services; 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 amended and reordained by the addition of the following new Section: §2-126. Designation as Director of Emergency Services. The City Manager shall serve as the Director of Emergency Services of the City. As Director of Emergency Services, the City Manager shall have all of the powers and duties prescribed for such office by law. 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 13th day of August, 1990. No. 30196-81390. A RESOLUTION concurring in the City Manager's appointment of the City's Manager of Emergency Services as the City's Coordinator of Emergency Services Activities. WHEREAS, §44-146.19.B of the Code of Virginia, (1950), as amended, pro- vides that the Director of Emergency Services shall have the authority to appoint a Coordinator of Emergency Services Activities with consent of council; 54 WHEREAS, City Council has designated the City Manager as the Director of Emergency Services; WHEREAS the City Manager has chosen to appoint the City's Manager of Emergency Services as the Coordinator of Emergency Services Activities for the City. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the Council hereby concurs in the appointment of the City's Manager of Emergency Services as the City's Coordinator of Emergency Services Activities. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30197-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Improvement Reserve Capital Improvement Reserve (1) ...................... Streets and Bridges Local Cash Share - Roanoke River Flood Reduct. (2)... Other Infrastructures Roanoke River Flood Reduction - Land Acq. (3-4) ...... $ 3,528,066.00 1,556,377.00 6,539,863.00 409,350.00 15,571,363.00 1,265,674.00 1) Appr. from Gen. Revenue 2) Appr. from Gen. Revenue 3) Appr. from Gen. Revenue 4) Appr. from Gen. Revenue (008-052-9575-9186) $ (617,024.00) (008-056-9652-9003) (008-056-9619-9003) (008-056-9619-9003) 409,350.00 207,674.00 808,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City C1 erk APPROVED 55 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30198-81390. AN ORDINANCE to amend and reordain the Code of the City of Roanoke (1979), as amended, by adding a new §20-33.1, Same - requirements; obtaining license plate, tag or decal a condition precedent to discharge of violation, to provide that it shall be unlawful to fail to obtain required vehicle license plates, tags or decals and to provide that the fine for such offense may not be discharged without proof of compliance with the licensing requirements; and pro- viding 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 lamended and reordained by the addition of the following new section: §20-33.1. Same - requirements; obtaining license plate, tag or decal a condition precedent to discharge of violation (a) It shall be unlawful for any owner of a motor vehicle, trailer, or semi-trailer to fail to obtain and display any license plate, tag or decal required under the provisions of this article or to display upon a motor vehicle, trailer, or semi-trailer any such license plate, tag or decal after its expiration date. (b) A violation of this section may not be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license plate, tag or decal has been obtained. 2. In order to provide for the usual daily operation of the muni- cipal 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 August, 1990. No. 30200-81390. AN ORDINANCE accepting the bid of Acorn Construction, Ltd., for altera- tions to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant, upon certain terms and conditions, and awarding a contract there- for; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Acorn Construction, Ltd., in the total amount of $118,900.00 and 120 consecutive calendar days, for alterations to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant, as more particularly set forth in the August 13, 1990 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifica- tions made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30201-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Sanitation $8,941,091.00 Plantation Road - Hollins Road Storm Drain (1) ....... 427,643.00 Capital Improvement Reserve 3,717,447.00 Public Improvement Bonds - Series 1988 (2) ........... 1,544,046.00 1) Appr. from Bonds (008-052-9658-9001) $ 427,643.00) 2) Storm Drain (008-052-9603-9176) (427,643.00) 57 BE IT FURTHER ORDAINED that, shall be in effect from its passage. ATTEST City Clerk an emergency existing, this Ordinance APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30202-81390. AN ORDINANCE accepting the bid of Dixon Contracting, Inc., for the Plantation Road - Hollins Road, N. E., storm drainage improvements, 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 Dixon Contracting, Inc., in the total amount of $407,517.25, for the Plantation Road - Hollins Road, N. E., storm drainage impro- vements, as more particularly set forth in the August 13, 1990 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED 58 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30203-81390. A RESOLUTION authorizing the execution of a membership agreement with Virginia Underground Utility Protection Service, Inc., to provide one call underground utility location service. 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 Virginia Underground Utility Protection Service, Inc., for the provision by such firm of one call underground utility location service, as more particularly set forth in the August 13, 1990, report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $3,600.00 annually for a term of five (5) years, terminating June 30, 1995. 3. The form of the membership agreement with such firm shall be approved by the City Attorney. ATTE ST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30208-81390. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and 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 Williamsburg, Virginia, on September 9, 1990, 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 1990 Annual Conference, Mayor Taylor and Vice-Mayor Musser shall also serve as Voting Delegate and Alternative Voting Delegate, respectively, and W. Robert Herbert, City Manager shall be designated Staff Assistant. 59 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate and Alternate Voting Delegate and to forward such forms to the League. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30209-81390. A RESOLUTION cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, September 10, 1990, at 7:30 p.m., and rescheduling said meeting for Monday, September 17, 1990, at 7:30 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the Annual Meeting of the Virginia Municipal League sche- duled to be held September 9 - 11, 1990, in Williamsburg, Virginia, which a majority of the members of City Council desire to attend, the meeting of City Council regularly scheduled for Monday, September 10, 1990, at 7:30 p.m., in the Council Chambers of the Municipal Building, 215 Church Avenue, S.W., is hereby CANCELLED and rescheduled for Monday, September 17, 1990, at 7:30 p.m., in the Council Chambers of the Municipal Building. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of such cancellation and rescheduling. ATTEST: APPROVED City Clerk 60 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30177-82790. 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, Cardinal Rubber & Seal, Inc. 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 §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on August 13, 1990, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke {1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: (1) An alley lying between Spruce Street, S. E., and Kindred Street, S.E., paralleling Brownlee Avenue, S.E., and Carlisle Avenue, S. E., and shown on a subdivision plat pre- pared byJack G. Bess, Certified Land Surveyor, dated April 30, 1990. 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 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 the the applicant's providing to the City a final subdivision plat for review, approval and recordation, dedicating therein an area sufficient to provide for an alternative alleyway acceptable to the City; the applicant's providing a bond or performance guarantee to the City in an amount deemed sufficient by the City Engineer to install and/or relocate the 61 alternative alleyway, sewer line changes, and a new sewer lateral to serve the community center in Golden Park, and other required improvements or costs atten- dant to the proposed subdivision, including manholes, line plugs, etc.; and, in the event these conditions have not been met within one (1) year from the effec- tive 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 Cardinal Rubber & Seal, Inc., 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 27th day of August, 1990. No. 30178-82790. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 217, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, 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 Multi-Family, Low Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 13, 1990, 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 pro- vided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 217 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a tract of land containing 0.227 acre, more or less, being Lots 11 and 12, situated on Oaklawn Avenue, N. W., designated on Sheet No. 217 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2170210 and 2170211 be, and is hereby rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low Density District, sub- ject to those conditions proffered by and set forth in the First Amended Petition to Rezone filed in the Office of the City Clerk on July 24, 1990, and that Sheet No. 217 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30194-82790. AN ORDINANCE authorizing the execution of a deed of release releasing the City's interest in a certain emergency telephone call box easement hereto- fore granted to the City of Roanoke, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk are authorized to execute and attest, respectively, on behalf of the City, an appropriate deed of release in form approved by the City Attorney releasing the City's interest in a certain emergency telephone call box easement on Parcel 2 of the Downtown East Redevelopment Project, which easement was con- veyed to the City of Roanoke by deed of record in the Clerk's Office of the Circuit for the City of Roanoke in Deed Book 805, page 341, as more particularly set forth in the report to this Council from the City Manager dated August 13, 1990. ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30199-82790. AN ORDINANCE authorizing the extension of the current concessions and catering contract at the Roanoke Civic Center, upon certain terms and con- ditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate agreement extending the current concessions and catering contract with Krisch Hotels, Inc., until April 1, 1991, with the provision to terminate by the City at any time upon sixty (60) days written notice, as more particularly set forth in the report to this Council dated August 13, 1990. APPROVED ATTEST: City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30204-82790. AN ORDINANCE authorizing an extension of the lease agreement between the City and A. Wade Douthat, III, of certain property located in the Roanoke Centre For Industry and Technology upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respec- tively, on behalf of the City, an agreement pro viding for an extension of the lease agreement between the City and A. Wade Douthat, III, providing for the lease of the house and cabin on the property in the Roanoke Centre For Industry and Technology, said lease extension term to be on a month to month basis for a period commencing as of August 31, 1990, such lease to be in form approved by the City Attorney and to contain such other terms and conditions as are approved and required by the City Manager, as more fully set out in the report to this Council dated August 13, 1990. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30205-82790. AN ORDINANCE authorizing the proper City officials to enter into a cer- tain lease agreement with Sun Valley Swim & Slide, Inc. for the Sun Valley Swim Club and Campground property upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City, a lease in form approved by the City Attorney by the City of Sun Valley Swim Club and Campground property to Sun Valley Swim & Slide, Inc. 64 for a period of five years at an initial monthly lease fee of $200.00 such lease to contain such other terms and conditions as are approved by the City Manager and as more particularly set forth in the report to this Council dated August 13, 1990. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30206-82790. AN ORDINANCE providing for the conveyance of a certain surplus parcel of City property bearing Official Tax No. 2141412 to the Roanoke Regional Airport Commission, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a quitclaim deed of conveyance for City owned property located adjacent to the Airport and bearing Official Tax No. 2141412 to the Roanoke Regional Airport Commission as more particularly set forth in the report of the Water Resources Committee to this Council dated August 13, 1990. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30207-82790. AN ORDINANCE authorizing an extension of the lease agreement between the City and James L. Trinkle of the premises at 124 Kirk Avenue, S. W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respec- tively, on behalf of the City, an agreement providing for an extension of the lease agreement dated December 1, 1988, between the City and James L. Trinkle, providing for the lease of the premises at 124 Kirk Avenue, S. W., at a monthly rental rate of $2,175.83 with said lease extension term to be for a period of one year to commence as of December 1, 1990, and terminate November 30, 1991, 65 such lease to be in form approved by the City Attorney and to contain such other terms and conditions as are approved and required by the City Manager, as more fully set out in the report to this Council dated August 13, 1990. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30210-82790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Education $65,649,631.00 Instruction (1-3) ............................................. 48,694,369.00 Other Uses of Funds (4) ....................................... 208,500.00 Facilities (5) ................................................ 996,535.00 Fund Balance Capital Maint. & Equip. Replacement Program (6) ............... $ 2,202,524.00 Grant Fund Appropriations Education Chapter I Winter 89-90 (7) .................................... Chapter I Carryover (8-29) .................................... Chapter I Winter (30-67) ...................................... Juvenile Detention Home (68-69) ............................... Artist in Education (70-71) ................................... Governor's School (72) ........................................ Impact Aid (73-80) ............................................ SAT Preparation (81-83) ....................................... Revenue Education Chapter I Winter 89-90 (84) ................................... Chapter I Carryover (85) ...................................... Chapter I Winter (86) ......................................... Juvenile Detention Home (87) .................................. Artist in Education (88-89) ................................... Governor's School (90) ........................................ Impact Aid (91) ............................................... SAT Preparation (92) .......................................... $21,065,401.00 1,636,186.00 384,171.00 2,680,402.00 79,753.00 32,000.00 793,909.00 59,547.00 3,740.00 $21,065,401.00 1,636,186.00 384,171.00 2,680,402.00 79,753.00 32,000.00 793,909.00 59,547.00 3,740.00 66 1) Matching Funds 2) Matching Funds 3) Matching Funds 4) Transfer to Grant Fund 5) School Buses 6) CMERP - Schools 7) Comp. of Teachers 8) Elem. Teachers 9) Coordinators 10) Teacher Aides 11) Soc. Security 12) Retirement 13) Health Insurance 14) State Group Life Insurance 15) Secondary Teachers 16) Social Security 17) Retirement 18) Health Insurance 19) State Group Life Insurance 20) Administrator 21) Clerical 22) Parent Involv. Teacher 23) Social Security 24) Retirement 25) Health Insurance 26) State Group Life Insurance 27) Indirect Costs 28) Nurses 29) Social Security 30) Elem. Teachers 31) Coordinators 32) Teacher Aides 33) Social Security 34) Retirement 35) Health Insurance 36) State Group Life Insurance 37) Instr. Travel 38) Instr. Equipment 39) Secondary Teachers 40) Social Security 41) Retirement 42) Health Insurance 43) State Group Life Insurance 44) Administrator 45) Clerical 46) Parent Involv. Teacher 47) Coordinator 48) Social Security 49) Retirement 50) Health Insurance 51) State Group Life Insurance 52) Indirect Costs 53) Service Contracts 54) Dissemination 55) Admin. Travel 56) Field Trips 57) Test./Evaluation 58) Parent Involv. 59) Inservice Training 60) Office Supplies 61) Food 62) Instr. Supplies (001-060-6001-6201-0588) (001-060-6001-6301-0588) (001-060-6001-6204-0588) $( 5,000.00) ( 5,000.00) ( 5,000.00) (001-060-6005-6999-0911) 15,000.00 (001-060-6004-6676-0808) 171,700.00 (001-3324) (171,700.00) (035-060-6127-6000-0121) (383,215.00) (035-060-6129-6000-0121) 153,595.00 (035-060-6129-6000-0124) 11,845.00 (035-060-6129-6000-0141) 72,928.00 (035-060-6129-6000-0201) 18,235.00 (035-060-6129-6000-0202) 39,950.00 (035-060-6129-6000-0128) 24,828.00 (035-060-6129-6000-0205) 2,550.00 (035-060-6129-6100-0121) 14,264.00 (035-060-6129-6100-0201) 1,091.00 (035-060-6129-6100-0202) 2,390.00 (035-060-6129-6100-0128) 1,175.00 (035-060-6129-6100-0205) 152.00 (035-060-6129-6200-0114) 6,243.00 (035-060-6129-6200-0151) 6,047.00 (035-060-6129-6200-0121) 4,532.00 (035-060-6129-6200-0201) 1,287.00 (035-060-6129-6200-0202) 2,820.00 (035-060-6129-6200-0128) 1,063.00 (035-060-6129-6200-0205) (035-060-6129-6200-0212) (035-060-6129-6672-0131) (035-060-6129-6672-0201) (035-060-6130-6000-0121) (035-060-6130-6000-0124) (035-060-6130-6000-0141) (035-060-6130-6000-0201) (035-060-6130-6000-0202) (035-060-6130-6000-0128) (035-060-6130-6000-0205) (035-060-6130-6000-0553) (035-060-6130-6000-0821) (035-060-6130-6100-0121) (035-060-6130-6100-0201) (035-060-6130-6100-0202) (035-060-6130-6100-0128) (035-060-6130-6100-0205) (035-060-6130-6200-0114) (035-060-6130-6200-0151) (035-060-6130-6200-0121) (035-060-6130-6200-0123) (035-060-6130-6200-0201) (035-060-6130-6200-0202) (035-060-6130-6200-0128) (035-060-6130-6200-0205) (035-060-6130-6200-0212) (035-060-6130-6200-0332) (035-060-6130-6200-0351) (035-060-6130-6200-0553) (035-060-6130-6200-0583) (035-060-6130-6200-0584) (035-060-6130-6200-0585) (035-060-6130-6200-0129) (035-060-6130-6200-0601) (035-060-6130-6200-0602) (035-060-6130-6200-0614) 179.00 6,793.00 11,336.00 868.00 875,293.00 65,452.00 439,663.00 105,601.00 231,353.00 89,050.00 14,770.00 1,500.00 81,170.00 142,640.00 10,912.00 23,906.00 7,125.00 1,526.00 49,054.00 39,864.00 12,085.00 20,690.00 9,310.00 20,395.00 6,412.00 1,302.00 45,374.00 57,455.00 4,500.00 4,100.00 52,950.00 9,195.00 30,750.00 19,760.00 5,575.00 23,025.00 87,057.00 67 Equipment Nurses Social Security Medical Travel Medical Supplies Travel (035-060-6130-6200-0821) $ (035-060-6130-6672-0131) (035-060-6130-6672-0201) (035-060-6130-6672-0553) (035-060-6130-6672-0605) (035-060-6586-6554-0551) Instr. Supplies (035-060-6586-6554-0614) Contracted Artists (035-060-6814-6201-0381) 63) 64) 65) 66) 67) 68) 69) 70) 71) Instr. Supplies 72) Equipment 73) Clerical 74) Social Security 75) State Retirement 76) Health Insurance 77) State Group Life Insurance 78) Publications 79) Inservice 80) Supplies 81) Instr. Services 82) Social Security 83) Instr. Supplies 84) Federal Grant Receipts 85) Federal Grant Receipts 86) Federal Grant Receipts 87) State Grant Receipts 88) Local Match 89) Federal Grant Receipts 90) State Grant Receipts 91) Federal Grant Receipts 92) Fees (035-060-6814-6201-0614) (035-060-6963-6307-0802) (035-060-6964-6665-0151) (035-060-6964-6665-0201) (035-060-6964-6665-0202) (035-060-6964-6665-0128) (035-060-6964-6665-0205) (035-060-6964-6665-0351) (035-060-6964-6665-0554) (035-060-6964-6665-0601) (035-060-6968-6447-0313) (035-060-6968-6447-0201) (035-060-6968-6447-0614) (035-060-6127-1102) (035-060-6129-1102) (035-060-6130-1102) (035-060-6586-1100) (035-060-6814-1101) (035-060-6814-1102) (035-060-6963-1100) (035-060-6964-1102) (035-060-6968-1103) 6,820.00 68,340.00 5,228.00 4,500.00 6,700.00 200.00 700.00 29,250.00 2,750.00 47,390.00 15,000.00 1,148.00 2,514.00 1,425.00 160.00 1,500.00 2,500.00 3,000.00 3,000.00 240.00 500.00 (383,215.00) 384,171.00 2,680,402.00 900.00 15,000.00 17,000. O0 47,390.00 27,247.00 3,740.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: :9. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30211-82790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 68 Appropriations Judicial Administration Commonwealth's Attorney (1) ................................... $ 3,400,054.00 685,811.00 Revenue Grants-in-Aid Commonwealth $53,227,293.00 Shared Expenses (2) ........................................... 2,182,995.00 1) Capital Outlay 2) Commonwealth's Atty. (001-026-2210-9005) (001-020-1234-0610) $12,000.00 12,000.00 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 August, 1990. No. 30213-82790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Community Development $ 1,486,363.00 Greater Roanoke Transit Company (1) ........................... 522,605.00 Revenue Miscellaneous Revenue $ Accounts Receivable - GRTC (2) ................................ Sale of Property (3) .......................................... 502,979.00 250,000.00 270,000.00 1) Subsidies (001-056-8150-3700) $250,000.00 2) GRTC (001-1046) 250,000.00 3) Sale of Surplus Property (001-020-1234-0861) 250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor U IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30214-82790. A RESOLUTION stating the intent of Roanoke City Council to provide $250,000.00 in local funds to match state and federal grant funding for the purchase of 15 new buses by the Greater Roanoke Transit Company. WHEREAS, the Greater Roanoke Transit Company ('~GRTC") has submitted a capital grant application to the Urban Mass Transit Administration ("UMTA") to replace 15 1976 buses; and WHEREAS, federal and state grants for the above captioned purchase in the amount of $2,265,000.00 require a local match of $250,000.00 which has been requested of the City of Roanoke by Valley Metro. THEREFORE, BE IT RESOLVED by Roanoke City Council that it is the intent of this Council to provide $250,000.00 in local funds to match state and federal grants for the purchase of 15 new buses as more particularly set forth in the report to this Council dated August 27, 1990, and the City Manager is hereby authorized to execute appropriate documentation necessary to evidence such intent. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30215-82790. A RESOLUTION authorizing the execution of an amendment to the Grant Agreement between the City and Mental Health Services of Roanoke Valley for the renovation of the Alcoholic Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N. W. 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 to execute and attest, respectively, on behalf of the City, Amendment No. i to the Grant Agreement between the City and Mental Health Services of Roanoke Valley, dated January 16, 1990, to be in form approved by the City Attorney, providing for an additional $40,000.00 in Community Development Block Grant (CDBG) funds as a local share for the needed alternates, such amendment shall include Alternates B and D from the original bid documents, as more particularly set forth in the report to this Council dated August 27, 1990. ATTEST: City Clerk APPROVED Mayor 70 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30217-82790. A RESOLUTION authorizing the City Manager to enter into engineering services reimbursement with cost ceiling contracts with certain engineering firms, providing for the performance of certain bridge inspection services; and rejecting certain other proposals. 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 to attest, respectively, an engineering services reimbursement with cost ceiling contract with Hayes, Seay, Mattern & Mattern, for the provision by such firm of bridge inspection services, as more particularly set forth in the August 27, 1990, report of the City Manager to this Council, for an amount not to exceed $44,000.00. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an engineering services reimbursement with cost ceiling contract with Mattern & Craig, P.C., for provision by such firm of bridge inspection ser- vices, as more particularly set forth in the August 27, 1990, report of the City Manager to this Council, for an amount not to exceed $53,500.00. 3. The form of the contract with each firm shall be approved by the City Attorney. 4. The City Clerk is directed to notify the other firms which sub- mitted proposals to the City of the award of these contracts, and to express the City's appreciation for their proposals. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30218-82790. 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 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 August 27, 1990; such Memorandum of Understanding to be approved as to form by the City Attorney. ATTEST: City Clerk APPROVED 71 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30219-82790. 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 1990 from the United States Department of Housing and Urban Development in the amount of $90,000 for reha- bilitation 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30220-82790. 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 certain Real Estate Option on real estate located at 509 Tenth Street, S. W., and currently owned by Jimmy R. Stevens and Ethel M. Stevens, as set out in and attached to the City Manager's report dated August 27, 1990, 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 72 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30222-82790. A RESOLUTION authorizing the City Manager to apply the consideration paid by Elizabeth Arden Company to the City pursuant to the March 9, 1990 Real Estate Option Agreement to a subsequent Real Estate Option Agreement between the parties. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to apply the $25,000.00 consideration paid by Elizabeth Arden Company to the City of Roanoke pursuant to a March 9, 1990 Real Estate Option Agreement on a 28.26-acre site in the Roanoke Centre for Industry and Technology to any subsequent Real Estate Option Agreement on the same pro- perty at such time as it may be executed by the Elizabeth Arden Company and the City, in accordance with the recommendation contained in the report of the City Manager to this Council dated August 27, 1990. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30223-82790. A RESOLUTION establishing the time and location of certain regular meetings of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The regular meetings of Council listed below shall commence at 7:00 p.m., and be held at the locations indicated: Date P1 ace November 26, 1990 February 25, 1991 May 27, 1991 August 26, 1991 November 25, 1991 February 24, 1992 May 25, 1992 August 24, 1992 Highland Park Elementary School Lincoln Terrace Elementary School Jackson Middle School Oakland Elementary School Hurt Park Elementary School Northwest Elementary School Garden City Elementary School Monterey Elementary School. 2. To the extent of any inconsistency between this Resolution and Rule I of City Council's Rules of Procedure as set out in §2-15, Code of the City of Roanoke (1979), as amended, this Resolution shall prevail. 3. The City Clerk shall give appropriate public notice with respect to the locations, dates and times of the Council meetings established by this Resolution. ATTEST: ~ C~iy Clerk APPROVED 73 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30224-82790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Parks, Recreation and Cultural $ 81,550.00 Federal LSCA Title I Blind 5-91 (1-5) ............................. 7,428.00 Revenue Parks, Recreation and Cultural $ 81,550.00 Federal LSCA Title I Blind '91 (6) ................................ 7,428.00 1) Temp. Emp. Wages 2) FICA 3) Admin. Supplies 4) Train. and Dev. 5) Equipment 6) Federal LSCA Title I Blind '91 (035-054-5006-1004) $ (035-054-5006-1120) (035-054-5006-2030) (035-054-5006-2044) (035-054-5006-9005) (035-035-1234-7087) 602.00 46.00 2,030.00 500.00 4,250.00 7,428.00 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 August, 1990. No. 30225-82790. A RESOLUTION approving specific capital expenditures for Airport expan- sion and development by the Roanoke Regional Airport Commission, upon certain terms and conditions. WHEREAS, Section 17.(b) of the contract between the City of Roanoke, Roanoke County and the Roanoke Regional Airport Commission provides that the Commission shall prepare and submit for approval any proposed capital expen- diture exceeding $100,000.00 to benefit five or more future accounting periods; and WHEREAS, by report dated August 20, 1990, a copy of which is on file in the Office of the City Clerk, the Roanoke Regional Airport Commission has sub- mitted a request that the City approve certain capital expenditures by the Commission for Airport expan sion and development in a total estimated amount of $1,030,000.00. 74 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby approves the capital expenditure by the Roanoke Regional Airport Commission of approximately $1,030,000.00 in connection with land acquisition for Airport expansion and development, and the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City, any additional documentation, in form approved by the City Attorney, necessary to evidence said approval, as more particularly set forth in the report to this Council on this subject from the Roanoke Regional Airport Commission dated August 20, 1990, a copy of which is on file in the Office of the City Clerk. ATTEST: ~~,~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30226-82790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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) ................................ $19,135,068.00 3,106,473.00 12,197,847.00 886,627.00 1) Maintenance Third Party Contract 2) Capital Equipment Replacement (001-052-4330-3056) $ (001-002-9410-2202) 3,732.00 (3,732.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ""~. ~~)~.,,t.~.~...,~ ~ C~ity Clerk APPROVED 75 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30227-82790. AN ORDINANCE accepting the bid of BKM Contractors Corporation for alterations and additions to Fire Station No. 4 at 3768 Aerial Way Drive, 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of BKM Contractors Corporation in the total amount of $25,975.00 and thirty (30) consecutive calendar days, for alterations and addi- tions to Fire Station No. 4 at 3768 Aerial Way Drive, S. W., as more par- ticularly set forth in the August 27, 1990 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifica- tions 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 apprepriation 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 27th day of August, 1990. No. 30228-82790. AN ORDINANCE authorizing the extension of a lease agreement between the City and George R. Preas, of a parcel of land and building situate located at 3768 Aerial Way Drive, S. W., known as Roanoke City Fire Station No. 4, upon cer- tain terms and conditions; authorizing the proper City officials to execute the requisite agreement for such extension; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement in form approved by the City Attorney extending the lease agreement dated November 1, 1987, bet- ween the City and George R. Preas, providing for the City's use of a parcel of land and building situate located at 3768 Aerial Way Drive, S. W., known as Roanoke City Fire Station No. 4, said lease to be extended for an additional period until June 30, 1996 and to contain those terms and conditions more fully set forth in the Extension Agreement attached to the City Manager's report to this Council dated August 27, 1990. 76 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 C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30229-82790. A RESOLUTION approving an agreement between the City, Virginia Tech Real Estate Foundation, Inc. and Virginia Polytechnic Institute and State University for development of a Conference Center adjacent to and on the pro- perty of the former Hotel Roanoke; and authorizing appropriate City officials to execute the requisite agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The agreement between the City, Virginia Tech Real Estate Foundation, Inc., and Virginia Polytechnic Institute and State University pro- viding for the development of a Conference Center adjacent to and on the pro- perty of the former Hotel Roanoke, the terms and conditions of said agreement being substantially as set forth in the Agreement attached to the August 27, 1990 report of the City Manager to this Council, be and is hereby APPROVED. 2. The Mayor, or in his absence the Vice Mayor, and City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the appropriate agreement, said agreement to be in such form as is approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30212-91790. 77 AN ORDINANCE granting to the Vietnam Veterans of America, Chapter 81, a revocable permit to mount American flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. WHEREAS, the Vietnam Veterans of America, Chapter 81 (Permittee), has requested that Council authorize the Permittee to mount American flags on cer- tain street lighting poles in the Central Business District of the City, Permittee's request being more particularly set forth in the City Manager's report to City Council dated August 27, 1990; and WHEREAS, Council is desirous of granting the request of the Permittee upon certain terms and conditions. WHEREAS BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted the Permittee to mount American flags on street lighting poles in the Central Business District of the City, the Permittee's request being more particularly described in the report of the City Manager, dated August 27, 1990, 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, with the exception of up to four hours of over- time wages for one City employee on or about the holidays enumerated in the City Manager's report dated August 27, 1990, and the direct cost of the operation of one City vehicle in connection with the exercise of the rights or privileges granted hereby. 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, and the Permittee shall, and by execution of this ordinance, does agree to have in force and effect a public liability insurance policy in which the City, its employees and agents are named as co- insureds, on or before the exercise of any rights or privileges granted hereby. 5. Permittee shall give notice to the City's Director of Public Works prior to entry on to City property or City facilities for installation or mounting of the flags, and Permittee shall supply a copy of a certificate of insurance, demonstrating that the condition set forth above has been met, before the exercise of any rights or privileges granted hereby. 6. The permit granted by this Ordinance shall remain in full force and effect until amended or revoked by duly adopted ordinance of this Council. 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 Vietnam Veterans of America, Chapter 81, has been filed in the Office of the City Clerk. ATTEST: j ~,9..~~ City Clerk APPROVED 78 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30216-91790. AN ORDINANCE granting a revocable license for the construction of cer- tain building appendages encroaching over and into the right-of-way of Church Avenue, S. E., located at Center In The Square, upon certain terms and con- ditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. A revocable license shall be and is hereby granted the current owners, Center In The Square, their grantees, assignees, or successors in interest, of the aforesaid property otherwise known as Center In The Square, within the City of Roanoke, to construct and maintain decorative glass and steel canopies attached to the facade of the Center In The Square over and into the public right-of-way of Church Avenue, S. E., with the center of the posts on Church Avenue to be at least 6 feet 10 inches from the face of the building as more fully described in a report of the City Manager dated August 27, 1990, on file in the Office of the City Clerk. 2. Said license, granted pursuant to §15.1-376, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the afore- said §15.1-376. 3. It shall be agreed by the licensee that, in constructing, using and maintaining such encroachments, said licensee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the construction, maintenance or existence of above-described encroachments over public right-of-way. 4. Licensee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the construction, maintenance, use, or existence of the structure and areas per- mitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $1,000,000, bodily injury insurance in the amount of $1,000,000 for injuries to one person in any one occurrence and $5,000,000 annual aggre- gate, and property insurance in the amount of $500,000 for damage in any one occurrence and $1,000,000 annual aggregate, or umbrella coverage for all of the foregoing of at least $5,000,000, with all such coverages to include the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by licensee, has been admitted to record, at the cost of the licenseee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: City Clerk APPROVED 7g IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30221-91790. AN ORDINANCE authorizing the execution of an option for the sale of approximately 28.26 acres of land within the Roanoke Centre for Industry and Technology to Elizabeth Arden Company, and authorizing the execution of the requisite deed conveying such property. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an option with Elizabeth Arden Company, providing for the sale of an approximately 28.26-acre tract in the Centre for Industry and Technology, identified as Official Tax No. 7210101, for the sum of $706,500.00, such option to be for the consideration of $25,000.00, to contain those terms and conditions as are approved and required by the City Manager, and to be approved as to form by the City Attorney. 2. The Mayor and the City Clerk are authorized and empowered to exe- cute on behalf of the City and to seal and attest, respectively, the City's deed of conveyance of the above described property, as well as any other documents necessary to consumate the conveyance, should the option be exercised, such deed and documents, if any, to be approved as to form by the City Attorney. ATTEST: --J, City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30230-91790. A RESOLUTION of the City Council of the City of Roanoke, Virginia approving, among other things, the issuance of not to exceed $173,000,000 aggre- gate principal amount of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Project) Series 1990, 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 sub- division of the Commonwealth of Virginia exercising public and essential govern- mental 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 ("RMH") is a private, nonstock cor- poration 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 80 WHEREAS, Community Hospital of Roanoke Valley ("CHRV") 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, Franklin Memorial Hospital ("FMH") is a private, nonstock cor- poration duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted August 7, 1990 (the "Inducement Resolution") evidenced its desire to issue its revenue bonds for the following purposes: (I)(a) financing, or reimbursing RMH for financing, a portion of the costs of (i) acquiring, constructing and equipping a new seven- story, 260,000 square foot patient care pavilion, (ii) renovating and expanding certain other portions of the existing hospital facilities, and (iii) acquiring certain capital equipment for use in or in connection with the RMH hospital facilities (the "RMH Project"), (b) financing for CHRV a portion of the costs (i) constructing and equipping a new obstetrics unit, (ii) renovating certain other portions of the existing hospital facilities, and (iii) acquiring certain capital equipment for use in the CHRV hospital facilities (the "CHRV Project"), and (c) financing for FMH a portion of the costs of (i) constructing and equipping an approximately 20,000 square foot outpatient wing, (ii) constructing and equipping a 2,500 square foot obstetrical services wing, (iii) renovating certain other portions of the existing hospital facilities, and (iv) acquiring certain capital equipment for use in the FMH hospital facilities (the "FMH Project") (the RMH Project, the CHRV Project and the FMH Project are hereinafter collectively referred to as the "Project"), and (II) refunding certain bonds and notes previously issued by the Roanoke Authority for the benefit of RMH or CHRV (the "Prior Bonds"); and WHEREAS, the Roanoke Authority has by resolution adopted September 4, 1990 (the "Roanoke Authority Resolution") authorized the issuance of not to exceed $173,000,000 aggregate principal amount of its Hospital Revenue bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Project) Series 1990 (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 construction period of the Project, and (iv) paying certain expenses incurred in connection with the authorization and issuance of the Bonds; and WHEREAS, the Industrial Development Authority of Franklin County, Virginia (the "Franklin Authority") has by resolution adopted September 4, 1990 (the "Franklin Authority Resolution") authorized the issuance by the Roanoke Authority of the Bonds; and WHEREAS, the Board of Supervisors of Franklin County, Virginia (the "Board") has by resolution adopted September 4, 1990 (the "Board Resolution") concurred with the adoption of the Inducement Resolution and authorized the issuance by the Roanoke Authority of the Bonds, thus allowing FMH to participate in the financing; 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 as 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, and (iii) a copy of the Roanoke Authority Resolution which constitutes the recommen- dation 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 WHEREAS, the Franklin Authority and the Board have 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 Franklin 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 81 15.1-1378.2 of the Act, (iii) a copy of the Franklin Authority Resolution authorizing the issuance by the Roanoke Authority of the Bonds, and (iv) a copy of the Board Resolution concurring with the Inducement Resolution and authorizing the issuance by the Roanoke Authority of the Bonds; and WHEREAS, the Council has determined that it is appropriate at this time to approve the issuance by the Roanoke Authority of not to exceed $173,000,000 aggregate principal amount of the Bonds to promote the improvement of health and living conditions of the people of the City of Roanoke, Franklin County 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, County and State and its inhabitants by improving the hospital facilities of RMH, CHRV and FMH, 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 $173,000,000 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 and Franklin Memorial Hospital Project) Series 1990 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 construction period of the Project, and (iv) paying certain expenses incurred in connection with the authorization and issuance of the Bonds. Section 2. The Mayor 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 con- summate the sale of the Bonds in conformity with the provisions of this resolution. Section 3. The approval of the issuance of the Bonds, as required by Section 147 (f) of the Internal Revenue Code of 1986, as amended and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds of the creditworthiness of RMH, CHRV or FMH, and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal of, the redemption premium, if any, or the interest on the Bonds or other costs incident thereto except from the revenues and funds pledged therefore and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Roanoke Authority shall be pledged thereto. Section 4. passage. This resolution shall take effect immediately upon its APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30231-91790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 82 Appropriations Streets and Bridges $ 6,257,425.00 Franklin Road Widening (1) ................................... 119,700.00 Peters Creek Road Extension (2) .............................. 55,000.00 Brandon Avenue Widening (3) .................................. 160,000.00 Capital Improvement Reserve (4,717,284.00) Public Improvement Bonds Series 1988 (4) ...................... 1,775,016.00 1) Approp. from Bonds 2) Approp. from Bonds 3) Approp. from Bonds 4) Streets & Bridges (008-052-9596-9001) (008-052-9595-9001) (008-052-9638-9001) (008-052-9603-9181) 70,000.00 10,000.00 10,000.00 (90,000.00) 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 17th day of September, 1990. No. 30232-91790. A RESOLUTION approving the location and design of the 5th Street Bridge over the tracks of the Norfolk and Western Railroad Company and requesting the Virginia Department of Transportation to acquire right-of-way for such project. WHEREAS, a "Notice of Willingness to Hold a Public Hearing" was posted for the purpose of considering the location and design features for the Fifth Street Bridge over the tracks of the Norfolk and Western Railroad Company, Project No. U 000-128-118,PE-101, RW-201, C-501, B-611 (Project), in the City of Roanoke; and WHEREAS, no requests were received or all inquiries were satisfactorily answered, so that a public hearing is not required; and WHEREAS, Section 33.1-89 of the Code of Virginia authorizes the Department of Transportation (Department) to acquire rights of way for the construction of such projects, upon official request from the City; and, WHEREAS, this Council has previously requested the Department to program the Project; THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke that: 1. The location and major design features of the proposed Project as presently designed are hereby approved. 2. The Department is requested to acquire the necessary rights of way for the Project and to convey the title to such right of way to the City which agrees to reimburse the Department for 5% of the engineering phase costs and 2% of the right-of-way phase and construction phase costs; and it is understood that such acquisitions will be handled by the Commissioner under established policies and procedures and his decision in all instances shall be final. 3. The City Manager is hereby authorized to execute, on behalf of the City all necessary railroad and utility agreements required in conjunction with acquiring such rights of way. 82 ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30235-91790. AN ORDINANCE authorizing a lease by the City of certain property located at 2121 Salem Avenue from Unified Human Services Transportation Systems, Inc. upon certain terms and conditions and providing for an emergency. 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 a form approved by the City Attorney an appropriate lease agreement with Unified Human Services Transportation Systems, Inc. of approximately 3,098 square feet of space at 2121 Salem Avenue at a rental of $7,200 per year and upon such other terms and conditions as deemed appropriate as more particularly set forth in the report to this Council from the Water Resources Committee dated September 17, 1990. BE IT FURTHER ORDAINED 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. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30236-91790. A RESOLUTION declaring certain city owned property located at 306 6th Street to be surplus and authorizing the solicitation of sealed proposals for such property upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that City owned property located at 306 6th Street is hereby declared to be surplus and the City Manager is authorized to solicit sealed proposals for purchase of such property by a quitclaim deed with any such sale to be authorized by this Council as more particularly set forth in the report from the Water Resources Committee dated September 17, 1990. ATTEST: City Clerk APPROVED Mayor 84 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30237-91790. A RESOLUTION cancelling the regularly scheduled meeting of City Council on December 3, 1990. · WHEREAS, a majority of the members of City Council will be in atten- dance at the Annual Congress of Cities Conference to be held December i through 5, 1990; 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 3, 1990, is hereby cancelled. 2. The City Clerk shall take appropriate action to advise the public of the cancellation of such meeting. ATTEST: ~~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30238-91790. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the Congress of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Congress of Cities Conference to be held on December i through 5, 1990, and any Business Meetings in connection with such Conference, the Honorable Noel C. Taylor, Mayor, and the Honorable Howard E. Musser, ViceMayor, 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 Congress of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30239-91790. 85 AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay from Revenue Civic Center Auditorium Fire Damage (1-2) ..................... $ 799,141.00 485,000.00 Revenue Accounts Receivable-Industrial Risk Insurers (3) ................ $ 480,000.00 Retained Earnings Retained Earnings Unrestricted (4) .............................. $ 1,524,406.00 1) Approp. from General Fund 2) Approp. from Third Party 3) Accts. Rec. - Industustrial Risk Insurance (005-1112) 4) Retained Earn- ings Unrestr. (005-3336) (005-050-8630-9003) (005-050-8630-9004) 5,000.00 480,000.00 480,000.00 5,000.00) 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 17th day of September, 1990. No. 30240-91790. A RESOLUTION authorizing the emergency procurement of certain cleaning services for damages from the fire at the Roanoke Civic Center Auditorium. WHEREAS, Section 41 of the Roanoke City Charter authorizes the City Manager to make emergency purchases without the necessity for advertising and receiving bids; and 86 WHEREAS, by report of September 17, 1990, the City Manager has advised of the need for the emergency procurement of clean-up services for damages resulting from a fire which occurred on September 2, 1990, at the Roanoke Civic Center Auditorium. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City manager and City Clerk are hereby authorize to execute and attest, respectively, in forms approved by the City Attorney, an appropriate contract on an emergency basis for clean-up and decontamination services with MF Bank Restoration Company, in an amount not to exceed $485,000.00 with the City to be reimbursed for such cost by the City's insurance carrier as more particularly set forth in the City Manager's report to this Council dated September 17, 1990. ATTEST: .~~.,~,_.._ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30241-91790. A RESOLUTION determining that competitive sealed bidding is not prac- ticable or fiscally advantageous to the public for procurement of food and beverage services for the Hotel Roanoke Conference Center Project, and authorizing procurement of such services by use of the competitive negotiation process. WHEREAS, pursuant to Resolution No. 30229-82790, dated August 27, 1990, the City of Roanoke entered into an agreement with Virginia Tech Real Estate Foundation, Inc. and Virginia Polytechnic Institute & State University for the development of a conference center adjacent to the redeveloped Hotel Roanoke; and WHEREAS, this Council recognizes the economic benefit to the City of the reopening of the Hotel and the development of the conference center; and WHEREAS, in order to make the Hotel Roanoke Conference Center Project economically viable, this Council has been advised by the City's consultant that competitive sealed bidding for procurement of food and beverage services is not practicable or fiscally advantageous to the public. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that competitive sealed bidding is not practicable nor fiscally advantageous to the public in the procurement of food and beverage services for the development of the Hotel Roanoke Conference Center as more particularly set forth in the City Manager's letter to this Council dated September 17, 1990. BE IT FURTHER RESOLVED that this Council hereby authorizes the procure- ment of such food and beverage services by use of-the competitive negotiation process. APPROVED ATTEST: City Clerk 87 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 1990. No. 30243-91790. A RESOLUTION acknowledging the retirement of William L. Brogan, Municipal Auditor, and appointing Robert H. Bird Acting Municipal Auditor effective from the date of Mr. Brogan's retirement until a new Municipal Auditor shall be duly elected and qualified. WHEREAS, William L. Brogan, Municipal Auditor, has made for retirement effective September 30, 1990; and application WHEREAS, this Council desires to acknowledge the retirement of Mr. Brogan with regret and to appoint an Acting Municipal Auditor from the effective date of Mr. Brogan's retirement until such time as a new Municipal Auditor shall be elected and qualified. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The retirement of William L. Brogan, Municipal Auditor, is hereby acknowledged with regret effective September 30, 1990. 2. Robert H. Bird is hereby appointed Acting Municipal Auditor for the City of Roanoke effective October 1, 1990, until such time as the new Municipal Auditor shall be duly elected and qualified for office. APPROVED ATTEST: City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1990. No. 30233-92490. 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, and ratifying a previous decision by the City Manager in the matter. 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 August 24, 1990, from Charity L. Myerly, Communications Director of the United Way of Roanoke Valley; and WHEREAS, Council was advised by letter dated September 4, 1990, from the City Manager that he had granted emergency permission to United Way of Roanoke Valley to display the flags from September 9, 1990, through September 30, 1990, on the ground that Council was not scheduled to meet until September 17, 1990; and WHEREAS, Council is desirous of granting the request of the Permittee pursuant to certain terms and conditions and ratifying the City Manager's deci- sion. 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 August 24, 1990, from Charity 1. Myerly, Communications Director of the United Way of Roanoke Valley, Inc., a copy of which is on file in the Office of the City Clerk. 88 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, release 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 on to City property or City facilities for installation, mounting or removal of the flags not yet installed, mounted or removed. 6. The permit granted by this Ordinance shall be effective September 9, 1990, and shall expire, by its own terms, without notice, at mid- night on September 30, 1990. 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. 8. The granting by the City Manager of permission to the United Way of Roanoke Valley, Inc., to mount certain flags on certain street lighting poles in the Central Business District from September 9, 1990, through September 30, 1990, to the extent said permission is consistent with this Permit, is hereby RATIFIED. ATTEST City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1990. No. 30234-92490. AN ORDINANCE authorizing the proper City officials to enter into a cer- tain lease agreement with H.S.N.I. Corp. t/a Sun Valley Swim Club for the Sun Valley Swim Club and Campground property upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City, a lease in form approved by the City Attorney by the City of Sun Valley Swim Club and Campground property to H.S.N.I. Corp. t/a Sun Valley Swim Club for a period of five years at an initial monthly lease fee of $200.00 such lease to contain such other terms and conditions as are approved by the City Manager and as more particularly set forth in the report to this Council dated September 17, 1990. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1990. No. 30242-92490. AN ORDINANCE providing for the conveyance by the City of a certain par- cel of land to the Roanoke Redevelopment and Housing Authority. WHEREAS, by Ordinance No. 24366, dated October 9, 1978, this Council accepted two parcels of property in the Downtown East Renewal Project from the City of Roanoke Redevelopment & Housing Authority (RRHA) designated for public use, and known as Crestar Plaza; and WHEREAS, on April 23, 1990, the RRHA entered into a contract to convey to the Norfolk and Western Railway Company (NW) Parcel 2 of the Downtown East Redevelopment Project, for the purpose of building a multi-story office building in furtherance of the Downtown East Redevelopment Plan; and WHEREAS, Crestar Bank currently owns a parking easement on said Parcel 2 which must be released prior to conveyance of said parcel to NW; and WHEREAS, in order to facilitate Crestar Bank's release of its parking easement on Parcel 2, RRHA has agreed to build a parking garage adjacent to Parcel 2; and WHEREAS, in order to construct an economically efficient parking garage, RRHA has determined that the structure needs to extend onto a portion of Crestar Plaza; and WHEREAS, this Council finds that in order to accomplish the purposes of the Downtown East Redevelopment Plan adopted on March 11, 1968, and as revised in June of 1980, it is in the public interest to convey a portion of Crestar Plaza, which is no longer necessary for its prior public use, to RRHA for the above-stated purposes. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke convey to the Roanoke Redevelopment & Housing Authority, in fee simple, by quitclaim deed, that certain parcel of land being O.090-acre in area and as indicated on the attached survey, dated September 11, 1990, for the purpose of building a parking garage, it being determined that this parcel is available and not necessary for its prior public use. 2. The City Manager or Assistant City Manager and City Clerk are hereby authorized and empowered to execute, seal and attest, respectively, on behalf of the City of Roanoke, an appropriate quitclaim deed conveying the fee simple title to said real estate to the Roanoke Redevelopment & Housing Authority, a Virginia corporation, said deed to be for nominal consideration and upon form approved by the City Attorney. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1990. No. 30244-92490. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Judicial Administration $ 3,380,261.00 Commonwealth's Attorney (1-6) ................................. 666,018.00 Nondepartmental 12,224,186.00 Contingency - General Fund (7) ................................ 408,149.00 Revenue Grants-in-Aid Commonwealth $49,680,269.00 Shared Expenses (8) ........................................... 2,138,132.00 1) Reg. Emp. Salaries (001-026-2210-1002) $ 9,317.00 2) FICA (001-026-2210-1120) 713.00 3) City Retirement (001-026-2210-1105) 1,129.00 4) Hospital Insurance (001-026-2210-1125) 968.00 5) Dental Insurance (001-026-2210-1126) 56.00 6) Life Insurance (001-026-2210-1130) 96.00 7) Contingency (001-002-9410-2199) (1,697.00) 8) Commonwealth's Atty. (001-002-1234-0610) 10,582.00 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 24th day of September, 1990. No. 30245-92490. AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with Lanford Brothers Company, Incorporated, for reha- bilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk Western Railway Company; 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. i to the City's contract with Lanford Brothers Company, Incorporated, dated May 14, 1990, authorized by Ordinance No. 30045-51490, to provide for such company's rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk and Western Railway Company. 91 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT $481,293.00 Changes/Additions to contract as set forth in the City Manager's Report dated September 24, 1990 49,339.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO.1 $530,632.00 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1990. No. 30246-92490. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Works $ 15,392.00 Litter control Grant - FY91 (1) .................................. 7,291.00 Revenue Public Works $ 15,392.00 Litter Control Grant - FY91 (2) ................................... 7,291.00 1) Fees for Prof. Services (035-052-5118-2010) $ 7,291.00 2) State Grant Revenue (035-035-1234-7045) 7,291.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Vi ce-Mayor 92 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1990. No. 30247-92490. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Fifth DETC - FY89 (1) .......................................... $ Fifth DETC - FYgO (2-12) ....................................... Fifth DETC - FY91 (13-87) ...................................... 2,036,524.00 1,912,725.00 1,125,110.00 Revenue Fifth DETC - FY89 (88) ......................................... $ Fifth DETC - FY90 (89-90) ...................................... Fifth DETC - FY91 (91-96) ...................................... 1) Wages 2) Funding Auth. 3) Wages 4) Fringes 5) Travel 6) Communications 7) Utilities 8) Supplies 9) Insurance (034-054-8961-8050) $( (034-054-9061-9990) (034-054-9060-8350) ( (034-054-9060-8351) ( (034-054-9060-8352) (034-054-9060-8353) (034-054-9060-8355) (034-054-9060-8356) ( (034-054-9060-8357) 10) Contr. Services (034-054-9060-8358) 11) Leases 12) Equipment 13) Supplies 14) Travel 15) Communications 16) Wages 17) Fringes 18) Wages 19) Fringes 20) Travel 21) Communications 22) Supplies 23) Insurance 24) Leases 25) Equipment 26) Miscellaneous 27) Wages 28) Fringe 29) Travel 30) Communications 31) Equipment 32) Supplies 33) Miscellaneous 34) DSLCC 35) TAP-Project Success 36) Roanoke County Schools 37) Scheneman and Spencer 38) Roanoke County Schools 39) Alleghaney Schools 40) Teen Parents (034-054-9060-8359) (034-054-9060-8360) (034-054-9160-8355) (034-054-9160-8352) (034-054-9160-8353) (034-054-9160-8350) (034-054-9160-8351) (034-054-9161-8050) (034-054-9161-8051) (034-054-9161-8052) (034-054-9161-8053) (034-054-9161-8055) (034-054-9161-8056) (034-054-9161-8058) (034-054-9161-8059) (034-054-9161-8060) (034-054-9161-8030) (034-054-9161-8031) (034-054-9161-8032) (034-054-9161-8033) (034-054-9161-8034) (034-054-9161-8035) (034-054-9161-8040) (034-054-9161-8150) (034-054-9161-8152) (034-054-9161-8153) (034-054-9161-8154) (034-054-9161-8157) (034-054-9161-8158) (034-054-9161-8159) 8,709.00) 8,709.00 8,256.00) 2,000.00) 803.00 1,735.00 725.00 5,749.00) 3,669.00 4,139.00) 1,672.00) 829.00) 2,000.00 1,500.00 2,000.00 8,681.00 1,532.00 83,544.00 17,852.00 2,287.00 3,600.00 2,659.00 125.00 3,023.00 1,000.00 400.00 10,536.00 1,904.00 100.00 400.00 200.00 500.00 150.00 23,208.00 111,000.00 25,650.00 144,580.00 100,500.00 33,860.00 48,501.00 2,036,524.00 1,912,725.00 1,125,110.00 41) DSLCC (034-054-9161-8170) $ 42) TAP (034-054-9161-8172) 43) TAP (034-054-9161-8241) 44) Radar (034-054-9161-8120) 45) Wages (034-054-9161-8350) 46) Fringes (034-054-9161-8351) 47) Travel (034-054-9161-8352) 48) Communications (034-054-9161-8353) 49) Supplies (034-054-9161-8355) 50) Insurance (034-054-9161-8356) 51) Cont. Services (034-054-9161-8357) 52) Leases (034-054-9161-8358) 53) Miscellaneous (034-054-9161-8360) 54) Funding Auth. (034-054-9161-9990) 55) Wages (034-054-9170-8010) 56) Fringes (034-054-9170-8011) 57) Wages (034-054-9170-8110) 58) Fringes (034-054-9170-8111) 59) Travel (034-054-9170-8112) 60) Communications (034-054-9170-8113) 61) Supplies (034-054-9170-8115) 62) Leases (034-054-9170-8118) 63) Wages (034-054-9170-8260) 64) Fringes (034-054-9170-8261) 65) Travel (034-054-9170-8262) 66) Communications (034-054-9170-8263) 67) Supplies (034-054-9170-8266) 68) Leases (034-054-9170-8267) 69) Wages (034-054-9171-8010) 70) Fringes (034-054-9171-8011) 71) TAP (034-054-9171-8172) 72) Funding Auth. (034-054-9171-9990) 73) Wages (034-054-9181-8010) 74) Fringes (034-054-9181-8011) 75) Communications (034-054-9181-8013) 76) Supplies (034-054-9181-8015) 77) Wages (034-054-9181-8061) 78) Fringes (034-054-9181-8062) 79) Travel (034-054-9181-8063) 80) Communications (034-054-9181-8064) 81) Supplies (034-054-9181-8065) 82) Wages (034-054-9181-8066) 83) Fringes (034-054-9181-8067) 84) Travel (034-054-9181-8068) 85) Communications (034-054-9181-8069) 86) Supplies (034-054-9181-8070) 87) Funding Auth. (034-054-9181-9990) 88) Title IIA Rev. (034-034-1234-8961) 89) Title IIA Rev. (034-034-1234-9061) 90) FDETC Contrib. (034-034-1234-9076) 91) FDETC Contrib. (034-034-1234-9176) 92) Title IIA Admin. Revenue (034-034-1234-9160) 93) Title IIA Admin. Revenue (034-034-1234-9161) 94) Emp. Services Revenue (034-034-1234-9170) 95) Adult Literacy Revenue (034-034-1234-9175) 96) EDWAA Revenue (034-034-1234-9181) 50,000.00 112,814.00 571.00 11,583.00 107,261.00 8,885.00 3,000.00 6,500.00 4,000.00 5,150.00 8,600.00 6,000.00 1,200.00 59,055.00) 1,336.00 270.00 8,963.00 2,238.00 249.00 120.00 448.00 120.00 10,449.00 2,480.00 402.00 45.00 30.00 39.00 2,743.00 210.00 53,444.00 2.00 9,000.00 950.00 100.00 50.00 942.00 100.00 100.00 50.00 50.00 16,266.00 2,089.00 200.00 100.00 100.00 52,680.00 (8,709.00) 8,709.00 (15,713.00) 15,713.00 132,313.00 749,775.00 27,189.00 56,399.00 82,777.00 93 BE shall be in ATTEST: City IT FURTHER ORDAINED that, an emergency effect from its passage. Clerk APPROVED existing, this Ordinance Vice-Mayor 94 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1990. No. 30248-92490. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Non-departmental Miscellaneous (1) ............................................. $12,239,813.00 123,780.00 Fund Balance Capital Maint. & Equip. Replacement Program City Unappropriated (2) ....................................... $ 2,188,594.00 1) Cable Television Contract 2) CMERP-City (001-004-9140-2174) $ 13,930.00 (001-3323) (13,930.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of September, 1990. No. 30249-92490. A RESOLUTION accepting the bid of Sovran Bank, N.A. made to the City for furnishing and delivering certain bank credit card services to the Roanoke Civic Center upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Sovran Bank, N.A. made to the City to supply bank credit card services to the Roanoke Civic Center for a period of five (5) years meeting all of the City specifications and requirements therefore, as more particularly set forth in the report to this Council from the City Manager dated September 24,1990, 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 the appropriate electronic data capture contract with Sovran Bank, N.A. for these services. 3. Any and all other bids made to the City for the aforesaid procure- ment 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. 95 APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1990. No. 30250-10190. AN ORDINANCE granting to Roanoke & Botetourt Telephone Company the right, for the term and upon the conditions herein stated, to use the streets, alleys and public ways to erect, construct, operate and maintain a fiber optic telecommunication system and to construct, install and maintain fiber optic cable and associated equipment, including poles, wires, cables, conduits and appurtenances necessary to the sale and distribution of fiber optic telecom- munication services in and along the streets, alleys and other public ways in the City of Roanoke, Virginia; establishing conditions controlling the exercise of said franchise and regulating the manner of using the streets, alleys and public ways. WHEREAS, a proposed ordinance entitled "An Ordinance granting to Roanoke & Botetourt Telephone Company, the right, for the term and upon the con- ditions herein stated, to use the streets, alleys and public ways to erect, construct, operate and maintain a fiber optic telecommunication system and to construct, install and maintain fiber optic cable and associated equipment, including poles, wires, cables, conduits and appurtenances necessary to the sale and distribution of fiber optic telecommunication services in and along the streets, alleys and other public ways in the City of Roanoke, Virginia; establishing conditions controlling the exercise of said franchise and regu- lating the manner of using such streets, alleys and public ways," was ordered to be advertised by the Council of the City of Roanoke, after its terms had been duly approved by the Mayor of said City and by its City Council; and WHEREAS, the terms of said ordinance were published once a week for four successive weeks in the Roanoke Times & World News, a newspaper published in the City of Roanoke and having general circulation in said City of Roanoke, which said advertisement invited bids for the franchise proposed to be granted in said ordinance, said bids to be in writing and delivered upon the day and hour named in said advertisement to the presiding officer of the Council, in open session; and WHEREAS, at the session of said Council to receive said bids, the pre- siding officer caused to be read aloud the bid(s) received, and the bid of Roanoke & Botetourt Telephone Company was received in writing; and WHEREAS, inquiry was made by the presiding officer if any further bids were offered; and WHEREAS, there were no further bids offered, and the presiding officer thereupon declared the bidding closed; and WHEREAS, the said proposed ordinance and said bid were referred by the Council to a committee, which reported in favor of accepting said bid and adopting said ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Roanoke & Botetourt Telephone Company made to the City in writing on September 20, 1990, for the franchise herein granted, which said bid is attached hereto and incorporated herein by reference as if set out in full, be, and said bid is hereby ACCEPTED. BE IT FURTHER ORDAINED by the Council of the City of Roanoke as follows: Section 1. Definitions. As used herein, the following words and phrases shall have the following meanings, unless a contrary intent appears from the context of the provision therein used: a. "City" or "the city" means the City of Roanoke, Virginia. b. "Fiber optic equipment" includes fiber optic cable and associated equipment including poles, wires, cables, conduits and appurtenances necessary to the sale and distribution of telecommunication services in and along the streets, alleys and other public ways in the City, identified and permitted under the provisions of this franchise and as permitted to be utilized by Grantee by the then existing rules, regulations and laws governing said telecom- munication services. Company. "Grantee" or "the grantee" means Roanoke & Botetourt Telephone d. "Street" or "the streets" means the streets, alleys, avenues, high- ways, and/or other public ways owned by or subject to the control of the City. e. "In the streets" shall be construed and understood to include "under, along or over the streets, "when the physical situation so applies; f. The term "Services" is used in this ordinance in the sense of pro- ducts or commodities furnished by Grantee and equipment, apparatus, and facili- ties devoted to the purposes in which Grantee is permitted to be engaged by the then existing regulations and laws governing telecommunication services, and in the manner and as permitted under the provisions of this franchise. g. "Director of Public Works" means the Director of Public Works in the City of Roanoke or such other officer or official of City government, or other person, charged by the City Charter or City Council with responsibility and authority over the maintenance of public streets and public property in the City regardless of the title then assigned such person. h. "Fiber Cable" means that plastic coated sheathing used to house optical glass fiber. Section 2. Grant of Authority. Subject to the provisions, conditions and restrictions set forth in this ordinance or herein referred to, there is hereby granted to Roanoke & Botetourt Telephone Company, Grantee, for a period of fifteen (15) years from the effective date of this ordinance, the right to use the streets of the City to operate and maintain a fiber optic telecommunication system within and along the streets of the City, and, for these purposes, to construct, erect, maintain and use and, if now constructed, to continue to maintain and use and operate, its fiber optic equipment, including necessary manholes, in, under, across, over and along the streets within the corporate limits of the City provided, however, that initially Grantee shall only be permitted to use the streets identified and particularly described and set forth as Exhibit A, attached hereto and incor- porated by reference herein. Grantee shall only be permitted to operate and maintain a fiber optic telecommunication system in the streets of the City outside the area identified on Exhibit A after appropriate application by Grantee and approval of such addi- tional usage area by the City Manager upon such terms and conditions as are deemed acceptable by City, including, without limitation, any additional franchise fee or fee formula and franchise bond. In negotiating such additional terms and conditions the City agrees to negotiate in good faith. Upon the expiration of the term for which this franchise is granted, or upon expiration of any renewal of extension of the original term hereof, or upon earlier termination as provided herein, the Grantee shall, upon receipt of the written request of the City, at its own expense, remove all fiber optic equip- ment from all streets, public ways, within the City and, should Grantee refuse or fail to comply with this provision, the City shall have the right to remove said equipment at a cost to be borne by the Grantee and the City shall not be liable to the Grantee for any damages resulting therefrom, except for damages that result from any negligent or willful act by the City, its employees or agents. Section 3. Territorial Area Involved. The franchise relates to the present territorial limits of the City, and to any area henceforth added to the territorial limits of the City during the term of this franchise, or any renewal or extension thereof. Section 4. Use of Streets. a. General Control and Location of Lines and Conduit. The Grantee, in connection with any digging it shall make in the streets in the City, shall be subject to the provisions of this franchise and to all applicable ordinances, laws and regulations. All poles erected by the Grantee shall be neat and sym- metrical and shall be so located as to in no way interfere with the safety or convenience of persons traveling on or over the streets and public places. The City reserves the right at any time by resolution of City Council or otherwise through proper representatives of the City to further or specifically designate the locations of any poles, lines, cables or conduits, with reference to other municipal facilities such as sewer and water mains, signal poles and lines, drainage facilities, and other services, or to other facilities such as gas lines, public electric utilities or railway message, telephone and telegraph lines, signal or power lines in such a manner as to promote the public safety and to protect public property. Failure by the City to so designate shall not relieve the Grantee of responsibility in matters of public safety as herein- before specified. City further reserves the right to establish by ordinance or resolution, and Grantee hereby agrees to comply with any reasonable regulation for the convenience, safety, and protection of its citizens as now in effect or as may be adopted in the future, including, without limitation, requiring substitution of underground conduit for overhead cable or vice-versa, or requiring transfer of cable from the front or rear of property. At least thirty days prior to any installation, removal, or relocation, Grantee shall submit detailed plans of proposed action for approval by the City Manager. An exception to this requirement for the submission of detailed plans shall be per- mitted in cases of repair of the fiber optic equipment or emergencies involving public safety. The City Manager shall approve such plans or communicate reasons for disapproval within thirty days or earlier of submittal. The Grantee shall construct and locate poles, lines and conduits so as not to interfere with the construction, location and maintenance of sewer and water services lines or mains. The City may restrict the location of service lines, appurtenances or facilities of the Grantee from parkways or parkway drive wherein such would conflict with appearance standards or may require, as an alternate thereto, the construction wholly or in part of underground conduit, appurtenances or facilities. b. For the purpose of installing, operating and maintaining the wire, cables and appliances, fixtures and appurtenances necessary to the fiber optic telecommunication system, the Grantee shall be required, whenever reasonably possible, to use the poles and conduits of others. Others are defined as public utilities, including the City, the electrical utility, and the telephone utility which have authority or a franchise to construct, install and maintain poles, towers and conduits within the City. All underground plant which is required to pass in or under portions of public rights-of-way including, but not limited to, easements, alleys, sidewalks, and streets, shall be housed in conduit of not less then two (2) inches in diameter. All underground cable installed in conduits or ducts shall be of the polyethylene jacketed type or an equivalent direct burial type. c. Restricted Overhead Area. Within all required areas, including without limitation, that section of area of the City designated as the City's Fire Limits Zone No. I and bounded as set out in Sec. 7-1, Article I of the Code of the City of Roanoke of (1979), as amended, all of the Grantee's cable lines and cable facilities shall be constructed and maintained underground, provided, however, that where poles and overhead lines and cables exist in the aforesaid section or areas at the time of the award of this franchise, Grantee shall be allowed to construct and maintain overhead facilities in such areas, but, pro- vided further should any or all of such existing overhead facilities in said Fire Limits, be relocated, replaced or reconstructed underground, Grantee's facilities will also be so relocated. Furthermore, the City expressly reserves the right and authority in the reasonable exercise of its police power, to remove from the streets, alleys, highways or other public places of the said City, or any part thereof, Grantees poles, wires and other appurtenances, and place the wires and other appurtenances underground in safe and suitable con- duits. Nothing herein shall constitute waiver or approval of any type under applicable zoning requirements. 97 98 d. Disturbance of Streets - Restoration. (1) Written permits, in any or all cases shall be obtained by the Grantee from the Director of Public Works of the City before and whenever it becomes necessary for the Grantee to excavate in the streets of the City in order to install, repair, replace, construct or extend any of the fiber optic equipment or services therein or thereon. Such permits, further, shall state the particular part or point of the streets where said construction or excava- tion is to be made and the length of time in which such permits shall authorize such work to be dome. An exception to this requirement for a permit or permits shall be permitted in cases of emergency repair of the fiber optic equipment or emergencies involving public safety. In all such cases, Grantee shall provide appropriate notice as soon as reasonably possible, and in any event no later than the close of business on the next City working day. (2) Immediately after fiber optic equipment is installed or repaired by Grantee, the incidental trenches or excavations shall be refilled by the Grantee in a manner acceptable to the Director of Public Works. Pavement, sidewalks, curbs, gutters or other portions of streets or public places destroyed, disturbed or damaged by such work shall be promptly restored and replaced with like materials to their former condition by the Grantee at its own expense; however, where it is necessary, and if expressly permitted by City, in order to restore disturbed or damaged property to its former condition the Grantee may or shall use materials whose type, specifications or quantities exceed or are different than those used in the original construction or installation and the Grantee at its own expense shall provide such different material. Where a cut or disturbance is made in a section of sidewalk paving, rather than replacing only the area actually cut, the Grantee shall replace the full width of the existing walk and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring. The Grantee shall, in any street, promptly remove or correct any obstruction or defect therein which may have been caused by the Grantee or its agents in the installation, operation or maintenance of the Grantee's facilities. Any such obstruction or defect which is not promptly removed, repaired or corrected by the Grantee after proper written notice, given by the City to said Grantee at Grantee's principal place of business may be removed or corrected by the City, and costs thereof shall be charged against the Grantee and may be enforced as a lien upon any of its properties or assets. Expenses of damage, relocation or replacement of City utility lines, sanitary sewers, storm sewer, and storm drains, where such expenses results from construction or maintenance of the Grantee's lines or facilities, shall be borne by the Grantee and any expenses incurred in connection therewith by the City shall be reimbursed by the Grantee. (3) The Grantee shall not open, disturb or obstruct, at any one time, any more of such public streets than may, in the opinion of the Director of Public Works, be reasonably necessary to enable it to proceed in laying or repairing its fiber optic equipment. Neither shall the Grantee permit any such street, sidewalk or public place, so opened, disturbed or obstructed by it in the installation, construction or repair of its fiber optic equipment, to remain open or the public way disturbed or obstructed for a longer period of time than shall, in the opinion of the Director of Public Works, or other proper official of the City, be reasonably necessary. In all cases where any street or public place shall be excavated, disturbed or obstructed by the Grantee, the grantee shall take all precautions necessary or proper for the protection of the public, shall obtain all required permits and approvals and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to ade- quately give notice, protection and warning to the public of the existence of all actual conditions present. (4) Whenever the City shall widen, reconstruct, realign, pave or repave any street or public place, or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection, or other municipal works or utility, it shall be the duty of the Grantee, when so requested in writing by the City, to change its lines, conduits, services and other proterty in the streets or public pla- ces, and/or areas adjacent thereto, at Grantee's sole expense so as to confurm to the new widening, location, alignment or grade of such street or public place and so as not to interfere with the conduits, sewers and othe mains as constructed or reconstructed. Upon written notice by the City of its intended work, above specified, the Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements, However, the Grantee shall not be required by the City to relocate fiber optic lines, whether 99 above or below the ground elevation, when the street or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to a public improvement. (5) The City Council may require that written permits, in any or all cases, be obtained by the Grantee from the Director of Public Works before and whenever it becomes necessary for the Grantee to install, construct, extend any fiber optic lines, poles, towers or conduits or services on, over or under any bridges or viaducts which are part of the Street system of the City; provided, however, that exception to the requirement of permits shall be provided in cases of emergencies involving public safety. In all such cases, Grantee shall pro- vide appropriate notice as soon as reasonably possible, and in any event no later than the close of business on the next City working day. All provisions of this ordinance shall be applicable to said installation, construction, exten- sion or repair on, over or under any such bridge or viaduct provided that the factors of appearance and achievement and maintenance of structural design requirements of the bridge or viaduct shall be assured. Section 5. Maps and Plats. The Grantee shall, upon written and reasonable request at any time from the City Manager, or other official designated by the City Manager, make available or furnish to the City Manager, or other designated official, maps, plats or plans, or copies thereof, showing the location but not necessarily the use of any or all of its fiber optic equipment and other structures located in, under and along the streets and public places of the City. Section 6. Taxes. Nothing in this ordinance shall be construed to prevent the City, hereafter and from time to time, from levying any lawful tax on the properties of the said Grantee. Section 7. Safety Methods and Equipment. The Grantee will maintain all its property, equipment and facilities, including without limitations its poles, wires, conduits and fiber optic equip- ment within the City in good and safe order and operating condition through the term of the franchise. Section 8. Tree Trimming. The Grantee shall comply with all applicable requirements and regula- tions of City prior to and while engaging in the removal, cutting or trimming of trees or vegetation in or along City streets. All trimming by Grantee shall be performed in a safe and orderly manner and in compliance with the pruning standards of the National Arborists Association, as amended. Section 9. Liability. a. Damage Claims. Grantee shall indemnify and hold free and harmless the City, its officials, officers, agents, and employees, from and against any and all loss, cost, or expense, including reasonable attorney's fees, resulting from any claim, whether or not reduced to judgment, and for any liability of any nature whatsoever including, without limitation, injury, death or damage to per- sons or property, that may arise out of or result from the presence, construc- tion, operation, maintenance or use by Grantee, its agents, employees, or invitees of the fiber optic equipment under the terms and conditions of this franchise or the exercise by Grantee of any right granted by or under this franchise. b. Insurance. Grantee shall, at its expense, prior to any use or entry upon City streets or property and at all times during the term of this franchise, maintain and provide City with suitable evidence of both (1) broad form contractual liability insurance coverage including the indemnification obligation set forth in Section 9.a. above, and (2) comprehensive general public liability insurance coverage including, but not limited to, motor vehicle liabi- lity coverage naming Grantee, its employees, affiliates, or contractors as insureds and naming the City of Roanoke, its officers, officials, agents and employees as additional insureds, insuring against on an occurrence basis all claims, loss, cost, damage, expense and liability from loss of life or damage or injury to persons or property arising out of Grantee's use of City streets or property. Said policies shall have limits of not less than Two Million Dollars ($2,000,000.00) combined single limit for loss of life or injury to one or more persons and for property damage as a result of one incident. 100 c. Grantee shall require substantially identical indemnification and insurance coverages as set forth in Sections 9.a. and 9.b. above in favor of the City, its officials, officers, agents and employees, from any independent contractor or other entity working on its behalf in City right-of-way. Section 10. Approval of Transfer. No sale, assignment or lease by the Grantee of the franchise or of the privileges granted hereunder shall be permitted or effective without prior approval by the Council of the City. As a condition to consideration by the Council of a sale or assignment, the Grantee shall file with the City Manager written notice of the proposed sale or assignment and the vendee or assignee shall similarly file an instrument, duly executed, reciting the fact of such proposed sale or assignment, offering to accept the terms of this franchise, and agreeing to perform all of the conditions thereof. Section 11. No Exclusive Franchise. The rights herein granted the Grantee to construct, maintain or operate its fiber optic telecommunication system in the City, as set forth herein, or to perform any other act or exercise any other privilege granted or provided for in this franchise shall not be construed as exclusive or as preventing the City from granting to any other person, firm or corporation the same or similiar franchise rights and privileges, to be exercised in or upon its streets and such of the same and parts thereof as the City may deem best or choose to allow, per- mit, give or grant. Section 12. Lien of City. All debts, penalties, or forfeitures accruing to the city under the terms of this ordinance shall constitute a lien upon the property and franchises of the said Grantee within the City, subject, however, to then-existing prior liens. Section 13. Jurisdiction of Government Re~ulator~ Commissions. Where any provision of this franchise is in conflict with any lawful rule of the State Corporation Commission of Virginia, or of any other duly constituted body or commission legally authorized to prescribe rules governing the conduct of the Grantee within the City, so that the Grantee cannot reaso- nably comply with both the provisions of this franchise and the rule of such commission or body, then the Grantee shall comply with such specific rule instead of the conflicting specific and individual provisions of this franchise, but the Grantee shall comply with each and all of the provisions of this franchise where such can be done without violating valid statutes or rules of the said commission or body. Section 14. General Ordinances of the City. The rights and privileges herein granted are expressly subject to the conditions, limitations and provisions contained in the general ordinances of the City in force relative to the use of streets or public places of said City, so far as they may be applicable, to the rights and privileges herein granted, and to any and all ordinances which may be hereafter passed by the City appli- cable thereto in the exercise of the police power or any other power vested in the City for the regulation of public service corporations using the streets of the City; and the City expressly reserves the right to pass all such reasonable ordinances for the regulation of the use of the streets and public ways and places, and for the exercise of the rights and privileges herein granted. Section 15. Costs of Advertisement. The successful bidder shall pay to the City all costs for the adver- tisement for bids and of this ordinance. Section 16. Franchise Fee and Bond. As a franchise fee for the rights granted herein, the Grantee agrees to pay the City One Thousand and 00/100 Dollars ($1,000.00) upon the execution of this Franchise and on or before February i of each year during the term of this franchise, beginning February 1, 1991, an aggregate annual payment determined by the feet of Fiber Cable of the Grantee in the franchise area as set forth in Exhibit A as at the end of the preceding calendar year, based on the following rate: $.15 annually per linear foot, or fraction thereof. Such payments shall be in addition to, and not in lieu of, real or personal property tax, or other tax of general application to which Grantee may be subject. Grantee shall, upon the effective date of this franchise, deliver to City and maintain during the term hereof a bond with approved corporate surety or an irrevocable letter of credit with City as beneficiary in the amount of $25,000.00 to insure Grantee's compliance with its obligations hereunder including, within limitation, the timeliness and quality of any required repair or restoration work, or removal of Grantee's lines upon expiration or termination of the franchise. Section 17. Effective Date. This ordinance shall be in force and effect from and after thirty (30) days from the date of its passage, provided that within such time the Grantee shall have accepted the within grant by execution in duplicate and delivery to said City Clerk of the written acceptance set out in Section 21 hereof, con- firmed by the City Clerk to show the number and date of the final adoption of this ordinance, to be contained in attested and fully executed copies of this ordinance, one of which said copies shall be preserved and kept on file in the Office of the City Clerk, the other said copy to be delivered by said City Clerk back to the Grantee. Section 18. Termination and Forfeiture of Franchise. a. Upon the termination of this franchise and the rights granted hereunder, whether by expiration or forfeiture, City Council may direct and require the Grantee to remove its fiber optic equipment from the streets and public ways within sixty (60) days. Should Grantee fail to comply with this provision, the City shall have the right to remove said equipment at a cost to be borne by the Grantee and the City shall not be liable to the Grantee for any damages resulting therefrom, except for damages that result from any negligent or willful act by the City, its employees or agents. b. In addition to all other rights and powers of the City by virtue of this franchise or otherwise, the City reserves the right to terminate and cancel this franchise and all rights and privileges of the Grantee hereunder in the event Grantee: (1) Violates any provision of this franchise, except where such violation is without fault or through excusable neglect or is in compliance with a valid and enforceable rule, regulation, order or mandate of a State or Federal law or agency with preempts the City's rule, order or determination. (2) Becomes insolvent, unable or unwilling to pay its debts, is adjudged a bankrupt. or (3) Attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the City. c. Upon the happening of an above described event, the City shall send written notice to the Grantee at the last business address of said Grantee indi- cating the manner in which the forfeiture or violation has taken place. The notice shall also specify a time and place for a hearing at which the Grantee shall have the opportunity to show cause why said forfeiture or termination should not take place. After such hearing or opportunity for hearing, City Council may, by resolution, either terminate this franchise or extend the same upon such conditions as it deems correct. Section 19. Notices. All notices, requests and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered or mailed first-class, postage prepaid, by certified mail, return receipt requested, addressed to: a. GRANTEE Roanoke & Botetourt Telephone Company 1000 Roanoke Road P. O. Box 174 Daleville, Virginia 24083 101 102 b. CITY City Manager Room 364, Municipal Building Roanoke, Virginia 24011 Section 20. City Use of Grantee Facilities. (1) When requested in writing by the City, Grantee shall provide suitable space equivalent to one (1) crossarm (in vertical and horizontal spa- cing) on each pole erected, riser conduits, and control cabinets, equivalent to one (1) duct in each of the conduits constructed, and if direct burial is used shall provide one city cable or tubing, free of charge and for the purpose of carrying wires of the City's telegraph, telephone, alarm, signal or radio system, provided the said wires are placed and maintained in such a manner as may be reasonably prescribed by the Grantee, and in no case used to carry electric light or high-tension currents. Whenever it becomes necessary for the Grantee to move the City's said wires for the Grantee's own purposes, such remo- val shall be at the cost of the Grantee and under supervision of the Director of Public Works, and such wires shall be promptly replaced by the Grantee at its expense. (2) In case of any emergency or public disaster, the Grantee shall, upon request of the City, make available its facilities to the City for emergency use at no cost to the City. The Grantee further agrees to make available to the City during the period of the emergency and without cost to the City such personnel as may be required to operate the facilities whereby the Mayor or other authorized representative of the City may communicate with the citizens of the City. Section 21. Acceptance. The undersigned, Roanoke & Botetourt Telephone Company hereby accepts the grant and each and all of the provisions, conditions and limitations of this ordinance of the City of Roanoke, adopted by the Council of the City of Roanoke as Ordinance No. 30250-10190, on the 1st day of October, 1990, and hereby cove- nants and agrees that it will perform and discharge each and all of the duties and obligations imposed upon it as Grantee in and under said ordinance, and that it will be bound by each and all of the terms, conditions and provisions therein contained. IN WITNESS WHEREOF the said Roanoke & Botetourt Telephone Company has caused this written acceptance to be executed in its name by its Executive Vice President and General Manager, thereunto duly authorized, and its corporate seal to be hereunto duly affixed and attested by its Vice President-Plant Operations, thereunto duly authorized, on the 11th day of October, 1990. Attest: S/Thomas L. Orr Vice President Plant Operations S/By J. Allen Layman J. Allen Layman Executive Vice President and General Manager APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1990. No. 30251-10190. 103 AN ORDINANCE authorizing a contract between the City and Roanoke Memorial Hospitals providing for an exchange of real 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 contract with Roanoke Memorial Hospitals providing for the conveyance by the City to Roanoke Memorial Hospitals of certain property adjacent to the hospital and the conveyance by Roanoke Memorial Hospitals to the City of a certain approximate .42 acre of parcel of property together with payment to the City of $484,982.00, with the City Manager being authorized to take appropriate action to implement said contract including execution of appropriate deeds containing provisions for indemnification of the City and protection of the Roanoke City Crystal Spring Reservoir and other terms and conditions deemed necessary as more particularly set forth in the report to this Council dated September 24, 1990, from the Water Resources Committee. ATTEST: ~~ C~i y C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1990. No. 30252-92490. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General, Capital Projects, 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 1990-91 General, Capital Projects, and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Education $65,821,331.00 Instruction (1) .............................................. 48,420,243.00 Other Uses of Funds (2) ...................................... 967,334.00 Capital Projects Fund Appropriations Education $12,050,505.00 William Fleming Field House Repairs (3) ...................... 353,638.00 Revenue Due from Insurance Company (4) ............................... $ 253,638.00 104 Grant Fund Appropriations Education $21,996,275.00 Chapter II 90-91 (5-20) ....................................... 164,641.00 Revenue Education $21,996,275.00 Chapter II 90-91 (21-22) ...................................... 164,641.00 1) Retirement-VSRS (001-060-6001-6000-0202) 2) Transfers to Grant Fund (001-060-6005-6999-0911) 3) Approp. from Third Party (008-060-6071-6896-0851) 4) Due from Ins. Co. (008-1260) 5) Writing Lab Aide 6) Social Security 7) State Retirement 8) Health Insurance 9) State Group Life Insurance 10) Library Mat. (035-060-6229-6004-0141) (035-060-6229-6004-0201) (035-060-6229-6004-0202) (035-060-6229-6004-0128) (035-060-6229-6004-0205) (035-060-6229-6214-0613) 11) Visiting Teachers (035-060-6229-6231-0123) 12) Social Security 13) State Retirement 14) Health Insurance 15) State Group Life Insurance 16) Admin., Grants & Research 17) Social Security 18) State Retirement 19) Health Insurance 20) State Group Life Insurance 21) Local Match 22) Federal Grant Receipts (035-060-6229-6231-0201) (035-060-6229-6231-0202) (035-060-6229-6231-0128) (035-060-6229-6231-0205) (035-060-6229-6665-0114) (035-060-6229-6665-0201) (035-060-6229-6665-0202) (035-060-6229-6665-0128) (035-060-6229-6665-0205) (035-060-6229-1101) (035-060-6229-1102) $(26,384.00) 26,384.00 40,938.00 40,938.00 18,516.00 1,417.00 3,103.00 2,850.00 198.00 3,343.00 70,060.00 5,360.00 11,742.00 2,850.00 750.00 34,290.00 2,623.00 5,747.00 1,425.00 367.00 26,384.00 138,257.00 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 1st day of October, 1990. No. 30253-92490. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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) ...................... $ 7,874,070.00 3,013,355.00 (5,088,251.00) 1,404,049.00 105 Revenue Due from State - 2nd Street (4) .............................. $ 1,827,139.00 1) Approp. from Bonds (008-052-9547-9001) 2) Approp. from State (008-052-9547-9007) 3) Strs. & Bridges (008-052-9603-9181) 4) Due from State - 2nd Street (008-1233) 33,324.00 1,266,476.00 33,324.00) 1,266,476.00 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 1st day of October, 1990. No. 30254-10190. A RESOLUTION approving the location and major design features of the Second Street/Gainsboro Road Project; declaring the intent of the City to acquire necessary right-of-way for the Project; and authoriz-ing the execution of railroad and utility agreements. WHEREAS, a Location and Design public hearing was conducted on May 22, 1990, in the City of Roanoke by representatives of the City of Roanoke and the Commonweal th of Virginia, Department of Transportation, after due and proper notice for the purpose of considering the proposed Second Street/Gainsboro Road Project, U000-128-116, PE-101, C-501, B-610 & B-613, in the City of Roanoke, at which hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with state and federal re- quirements; and WHEREAS, all persons and parties in attendance were afforded an oppor- tunity to participate in said public hearing; WHEREAS, representatives of the City of Roanoke were present and par- ticipated in said public hearing; WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council has considered all such matters; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: City Council features of hearing. hereby approves the location and major design the proposed project as presented at the public The City of Roanoke shall acquire all rights-of-way necessary for this project and certify same to the Department at the appropriate time. 106 e The City Manager or Assistant City Manager is hereby authorized to execute, on behalf of the City of Roanoke, all necessary railroad and utility agreements required in conjunction with acquiring such rights-of-way. APPROVED ATTEST: ,~.,,~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1990. No. 30255-10190. AN ORDINANCE providing for the acquisition of right-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the right-of-way; providing for the City's acquisition of such right-of-way by con- demnation, under certain circumstances; authorizing the City to make a motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem, Avenue, S. W.; directing the mailing of this ordinance to the affected property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the widening and realignment of Second Street/ Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W., in this City, the City wants and needs right-of-way described in Attachment E to the report of the City Manager on this sub ject, dated October 1, 1990, 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 widening and realignment of Second Street/Gainsboro Road from Orange Avenue, S. W., to Salem Avenue, S. W., 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 $1,000,000 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, cer- tified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any of the aforesaid interests in land to be acquired or should any such owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of such owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of any 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 widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.. 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 the respective owners identified in the report of the City Manager on this subject. lO"/ 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1990. No. 30256-10190. A RESOLUTION approving the City Manager's issuance of Amendment No. 6 to the City's contract with Mattern & Craig, Consulting Engineers, for services performed in connection with the Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue. BE IT RESOLVED by the Council of the City of Roanoke as follows: 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, Amendment No. 6 to the City's contract with Mattern & Craig, Consulting Engineers, dated January 26, 1988, in order to provide for addi- tional services to be performed in connection with the above-referenced pro- jects. 2. Such Amendment shall provide for the services set forth in the City Manager's report to Council dated October 1, 1990, and the cost of those additional services shall not exceed $66,476.37, with the total contract amount not to exceed $1,639,677.77. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1990. No. 30257-10190. AN ORDINANCE 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite Memorandum of Understanding with the City of Roanoke 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 October 1, 1990; such Memorandum of Understanding 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1990. No. 30258-10190. A RESOLUTION authorizing a change order to the City's contract with Bio Gro Systems, Inc. for sludge removal at the Sewage Treatment Plant. 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 change order to the City's contract with Bio Gro Systems, Inc. for sludge removal at the Sewage Treatment Plant to provide for payment of $80.29 per dry ton, as more particularly set forth in the report to this Council dated October 1, 1990. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1990. No. 30260-10190. 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 the Assistant City Manager, Earl B. Reynolds, Jr., and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contracts, in form approved by the City Attorney, with the Salvation Army for payment of services delivered by said organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke, such services being more particularly set forth in report of the City Manager dated October 1, 1990, and the attachments thereto. 2. The maximum compensation to the Salvation Army under the contracts authorized by this ordinance shall be $23,000.00 divided as follows: (a) $13,000 for the Abused Women's Program, and {b) $10,000 for the Homeless Program. APPROVED ATTEST: k~~ ~'$/~ C~ity C~l~r 109 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 1990. No. 30261-92490. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General, Water, Sewage and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General, Water, Sewage, and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental $12,350,350.00 Transfers to Other Funds (1) .................................. 10,440,506.00 Fund Balance Capital Maint. and Equip. Replacement Program - City Unappropriated (2) ............................ $ 2,077,524.00 Water Fund Appropriations Capital Outlay Water - New Services, Hydrants, Lines (3) ..................... Capital Outlay from Revenue Realignment of Thirlane Road (4-5) ............................ Revenue Accounts Receivable - Cova UPS (6) ............................ $ $ 1,004,075.00 451,083.00 1,908,976.00 179,143.00 78,088.00 Sewage Fund Appropriations Lateral Maintanance Capital Outlay (7) ............................................ Capital Outlay From Revenue Realignment of Thirlane Road (8-9) ............................ Revenue Accounts Receivable - Cova UPS (10) ........................... $ $ 1,215,300.00 155,300.00 976,478.00 38,360.00 33,660.00 Capital Projects Fund Appropriations Capital Improvement Reserve $ 5,653,527.00 Capital Improvement Reserve (11) .............................. 811,777.00 Streets and Bridges 6,114,120.00 Realignment of Thirlane Road (12-13) .......................... 922,716.00 Revenue Due from State - Thirlane Road (14) ........................... $ 391,000.00 1) Transfer to Capital 2) CMERP - City 3) New Services, Hydrants, Lines (001-004-9310-9508) $ 125,000.00 (001-3323) (125,000.00) (002-056-2178-9025) (101,055.00) 110. 4) Approp. from General Revenue (002-056-8361-9003) 5) Approp. from Third Party 1002-056-8351-9004) 6) Misc. Receivables - Cova UPS (002-1115) 7) Unidentified Constr. (003-056-3170-9085) 8) Approp. from General Revenue 9) Approp. from Third Party 10) Misc. Receivables - Cova UPS 11) FY90 Revenue Adj. 12) Approp. from General Revenue 13) Approp. from State 14) Due from State - Thirlane Road (003-056-8452-9003) (003-056-8452-9004) (003-1115) (008-052-9575-9188) (008-052-9630-9003) (008-052-9630-9007) (008-1268) 101,055.00 78,088.00 78,088.00 (4,700.00) 4,700.00 33,660.00 33,660.00 (598,600.00) 723,600.00 391,000.00 391,000.00 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 1st day of October, 1990. No. 30262-10190. AN ORDINANCE accepting the bid of S. R. Draper Paving Company, for realignment and relocation of Thirlane Road, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to exe- cute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of S. R. Draper Paving Company, in the total amount of $1,261,160.07 and 240 consecutive calendar days, for realignment and relocation of Thirlane Road, as more particularly set forth in the October 1, 1990 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. 111 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 1st day of October, 1990. No. 30263-10190. AN ORDINANCE authorizing submission of an application to the Federal Emergency Management Agency for possible purchase by the federal government of certain property under the federal Flood Purchase Program, authorizing accep- tance by the City of property purchased by the federal government under such program 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 a formal application and any necessary accompanying documentation for the Federal Emergency Management Agency (FEMA) 1362 Program for the residences in the 1900 block of Meadowbrook Road. 2. The City hereby agrees and the City Manager is authorized to accept on behalf of the City property purchased by the federal government under the aforementioned FEMA 1362 Program for open space use as more particularly set forth in the report to this Council from the Water Resources Committee dated October 1, 1990. 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 112 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1990. No. 30259-10890. AN ORDINANCE granting a conditional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N.W., located adja- cent to 3804 Melrose Avenue, N. W., Official Tax No. 2762008, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted the current owner, Joseph A. Parrish, his grantees, assigness, or successors in interest, of the property bearing Official Tax No. 2762008, otherwise known as 3804 Melrose Avenue, N.W., within the City of Roanoke, to maintain an encroachment by an existing structure encroaching approximately 3 feet over and into the public right-of-way of Adams Street, N.W., as more fully described in a report of the Water Resources Committee dated September 24, 1990, on file in the Office of the City Clerk. 2. Said permit, granted pursuant to §15.1-377, Code of Virginia (1950), as amended, shall be to maintain such encroachment as it exists until such structure is destroyed or removed, provided that said permit shall be revo- cable in the event that the affected right-of-way is needed by the City for street widening, utilities, sidewalks or other similar municipal purposes. 3. It shall be agreed by the permittee that, in using and maintaining such encroachment, said permittee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroach- ment over public right-of-way. 4. Permittee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the main- tenance and use of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $500,000.00 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: City Clerk APPROVED Vice-Mayor 113 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1990. No. 30266-10890. A RESOLUTION rejecting all bids for certain interior renovations to the Roanoke Civic Center Auditorium. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for interior renovations to the Roanoke Civic Center Auditorium are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in scope of the project deemed advisable and to cause the project to be readvertised for bids. ATTEST: ~~ City Clerk APPROVED V i ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30264-101590. AN ORDINANCE to amend §36.1-3, 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 Petitioner. WHEREAS, a petition has been presented 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 Petitioner; 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 petition at its meeting on Third Amended, 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 pro- vided. 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. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as October 8, 1990, designated on Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax a tract of land located at 5105 Williamson Road, N. W. 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 Petition to Rezone filed in the Office of the City Clerk on No. 2190616 and portions of Nos. 2190602 and 2190603, and that Sheet No. 219 of the Sectional 1976 Zone Map be changed in this respect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30265-101590. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. Nos. 708 and 709, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain con- ditions 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 RS-3, Residential Single Family District to LM, Light Manufacturing 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 §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 petition at its meeting on October 8, 1990, 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 pro- vided. 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. Nos. 708 and 709 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land containing .66-acre, more or less, located on the east side of Mecca Street, south of Orange Avenue (U.S. 460), designated on Sheet No. Nos. 708 and 709 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 7080101 and 7090401 be, and is hereby rezoned from RS-3, Residential Single Family District to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Petition to Rezone filed in the Office of the City Clerk on September 12, 1990, and that Sheet No. Nos. 708 and 709 of the Sectional 1976 Zone Map be changed in this respect. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30267-101590. 115 A RESOLUTION recognizing and commending the heroic actions of Ms. Doris F. Thurman and Ms. Altha Dowe in connection with the mauling of India Renee Hairston by a vicious dog on October 3, 1990. WHEREAS, on the morning of October 3, 1990, Ms. Doris F. Thurman was awakened by the screams of neighborhood children, and, upon looking out the win- dow, she observed a neighborhood child, India Renee Hairston, age 5, being attacked by a Rottweiler type dog; WHEREAS, Ms. Thurman ran across the street in her robe and barefoot and courageously attempted to pull the dog off the child; WHEREAS, when Ms. Thurman was unable to 9et the dog to unlock its jaws despite her valiant efforts, she flagged down motorists seeking their help, then ran back to her home and called for emergency services personnel and then ran across the street and summoned the owner of the dog; WHEREAS, Ms. Altha Dowe, a teacher at Roundhill Elementary School, was one of the motorists who observed the vicious attack, and she immediately jumped from her automobile and started beating the dog with her purse in a brave defense of the victim; WHEREAS, once the dog was finally separated from India Renee Hairston, Ms. Dowe consoled the victim's two brothers and drove them to school; WHEREAS, Ms. Thurman and Ms. Dowe acted immediately and voluntarily in defense of a fellow human being without regard for their own lives and safety; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this means of recognizing and commending the heroic contributions of Ms. Doris F. Thurman and Ms. Altha Dowe who instinctively acted courageously and compassionately in coming to the defense of a helpless child being mauled by a large vicious dog. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Doris F. Thurman and Ms. Altha Dowe. 3. The City Council extends it sympathy and regrets and that of all the citizens of the City to India Renee Hairston and her family, along with best wishes for a full and speedy recovery. ATTEST: ~Ciy C1 erk APPROVED 116 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30269-101590. AN ORDINANCE to amend and reordain §§10-46, Same - Voting place; 10-50, Same - Voting place; and 10-60, Same - Voting place, Code of the City of Roanoke (1979), as amended, to provide for the current names of three voting places in the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The following sections of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows: §10-46. Same - Votin9 place. The voting place in Peters Creek Precinct shall be established at the William Ruffner Middle School, located at 3610 Ferncliff Avenue, N. W. §10-50. Same - Voting place. The voting place in Eureka Park Precinct shall be established at the Roanoke Academy for Mathematics and Science, located on the north side of Carroll Avenue, N. W., between Nineteenth Street, N. W., and Twentieth Street, N. W. §10-60. Same - Votin~ place. The voting place in Raleigh Court Precinct No. 2 shall be established at Woodrow Wilson Middle School, located at 1813 Carter Road, S. W. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30270-101590. AN ORDINANCE amending and reordaining subsection (g) of §34-130, Rate schedule, of the Code of the City of Roanoke (1979), as amended; and prov~ ~-~ for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (g) of §34-130, Rate schedule, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §34-130. Rate schedule. *** (g) The rates for services rendered by taxicabs and for-hire automobiles shall be as follows: (1) Distance rates: a. For the first one-seventh mile or fraction thereof, one dollar and sixty cents ($1.60). 117 (3) be For each additional one-seventh mile or fraction thereof, twenty cents ($0.20). Time rates: For each one minute of waiting time, twenty cents ($0.20). While a charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. Extra passengers: For each additional passenger, thirty cents, (($.30). 2. In order to provide for the usual daily operation of the munici- pal 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 15th day of October, 1990. No. 30271-101590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety $27,396,108.00 Animal Control (1) ............................................ 250,584.00 Nondepartmental 12,216,685.00 Contingency - General Fund (2) ................................ 874,329.00 1) Fees for Prof. Serv. (001-050-3530-2010) 2) Contingency (001-002-9410-2199) $ 6,800.00 (6,800.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 118 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30272-101590. A RESOLUTION authorizing the City Manager to enter into a contract with the Roanoke Valley Society for the Prevention of Cruelty to Animals providing for the Society's operation and maintenance of an impoundment facility for ani- mals delivered to the facility by the City Animal Control Officers and providing further for proper care and disposition of such animals by the Society. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the Roanoke Valley Society for the Prevention of Cruelty to Animals for the provision by such Society of an impoundment facility for animals delivered to the facility by the City's Animal Control Officers and providing further for the care of all animals delivered to such facility by any police officer or other animal control officer of the City; vices; The City shall pay the Society $4,080.00 per month for such ser- 3. The form of the agreement shall be substantially as set forth in the attachment to the City Manager's report to Council dated October 15, 1990 and shall be approved by the City Attorney. APPROVED ATTEST: ~~ City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30273-101590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Sanitation $ 9,076,353.00 Luck Avenue Storm Drain Engineering (1) ....................... 147,990.00 Capital Improvement Reserve (5,924,841.00) Public Improvement Bonds - Series 1990 (2) .................... (1,250,667.00) 1) Approp. from Bonds 2) Storm Drain (008-052-9659-9001) $ 147,990.00 (008-052-9700-9176) (147,990.00) 119 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 15th day of October, 1990. No. 30274-101590. A RESOLUTION authorizing the execution of a contract with Lumsden Associates, P.C. to provide certain engineering services, specifically the design, plans, specifications, related construction documents, and observation of construction work, for various storm drain improvements referred to as the Luck Avenue By-Pass Storm Drain 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 Lumsden Associates, P.C. for the provision by such firm of engineering services for various storm drain improvements referred to as the Luck Avenue Py-Pass Storm Drain Project, as more particularly set forth in the October 15, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $147,990.00 without further Council authorization. 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 15th day of October, 1990. No. 30275-101590. AN ORDINANCE amending and reordaining §33-17, Definitions; §33-18, Weeds and trash declared a public nuisance; §33-19, Duty of owner of land to cut noxious weeds; §33-20, Notice of removal of weeds; preabatement hearing; §33-21, Abatement of public nuisance; §33-22, Accounting for abatement costs; and §33-23, Notice to owner of hearin~ on abatement costs; and repealing §33-24, Post-abatement hearing, of Chapter 33, Vegetation and Trash, Code of the City of Roanoke (1979), as amended, to provide for the control of the growth of weeds and accumulation of trash and effectuate acceptable provisions for compliance and enforcement of the abatement of public nuisances; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 120 1. Section 33-17, Definitions; §33-18, Weeds and trash declared a public nuisance; §33-19. Duty of owner of land to cut noxious weeds; §33-20, Notice of removal of weeds; preabatement hearing; §33-21, Abatement of public nuisance; §33-22, Accounting for abatement costs; and §33-23, Notice to owner of hearing on aba-tement costs; Code of the City of Roanoke (1979), as amended, be amended and reordained to read and provide as follows: SEC. 33-17. Definitions. (e) Parcel means any real estate (and any interest therein) lying in the City of Roanoke, Virginia, identified by a Roanoke City Official Tax Number, except any parcel lying in a RA-Residential Agricultural District as defined elsewhere in this Code. (g) Weed or weeds means any plant, grass or other vegetation over fourteen (14) inches high growing upon private property in the City of Roanoke, including, but not limited to, any sage brush, poison oak, poison ivy, Ailanthus Al tissima (commonly called Tree of Heaven or Paradise Tree), ragweed, dan- delions, milkweed, Canada thistle, and any other undesirable growth, excluding trees, ornamental shrubbery, vegetable and flower gardens purposefully planted and maintained by the property owner or occupant free of weed hazard or nuisance, cultivated crops, or undisturbed woodland not otherwise in violation. SEC. 33-18. Weeds and trash declared public nuisance; abatement required. Weeds growing or trash lying on any parcel shall constitute a public nuisance, except that in the case of a parcel greater than one acre in area natural vegetation growing more than fifty (50) feet from every property line shall not constitute a public nuisance. It shall be unlawful to cause or allow a public nuisance with respect to any parcel. The owner of any parcel shall abate any public nuisance with respect to his parcel. Sec. 33-19. Weeds and trash prohibited; duty of owner to remove weeds and trash. It shall be unlawful and a public nuisance for the owner of any parcel to allow weeds, as defined herein, to grow or trash to stand upon such parcel. It shall be the duty of the owner of any parcel to immediately cut, remove or destroy any and all weeds and to remove trash on his parcel. Any owner who shall violate any provision of this section shall be deemed to be guilty of a class 4 misdemeanor, and each day that such weeds shall remain uncut or such trash is allowed to stand after the period within which they are required hereunder to be cut or removed shall be deemed to constitute a separate offense under this section. SEC. 33-20. Notice of removal of weeds; preabatement hearing. (a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the city manager determines that a public nuisance exists with respect to any parcel, he shall mail by United States postal service certified mail to the owner of the parcel at the owner's address, as deter mined from public records, written notice that there exists a public nuisance with respect to the parcel and demand the abatement of the nuisance within fourteen (14) days following the mailing of the notice. Such notice, when so addressed and deposited with the postal service with proper postage prepaid, shall be deemed complete and sufficient. In the event that such notice is returned by the postal authorities or if the owner's address is unknown, the city manager shall cause a copy of the notice to be posted in a conspicuous place on the parcel. The posting shall be accomplished at least fourteen (14) days prior to abatement of the public nuisance with respect to that parcel. (b) The notice shall: (1) Be in writing; (2) Set forth the alleged violation of this article; (3) Describe the parcel of real property where the viola- tions are alleged to exist or to have been committed; (4) Advise that if the weeds or trash are not removed within the prescribed time, the city will proceed to abate the nuisance with the costs thereof together with an admi- nistrative fee and interest authorized by this article being specially assessed against the owner and the par- cel; (5) Advise that the cost of abatement together with the administrative fee and interest constitutes a lien against the property in favor of the city; and (6) Advise that within seven (7) days of the certified mailing of the notice or posting, whichever is appli- cable, the owner may appeal to the city manager stating in detail the reasons why the proposed action should not be taken. (c) In the event the owner appeals the proposed abatement as pro- vided for above, the city manager shall set a hearing and notify the owner of the time and location of a hearing to be held within five (5) days from the date of the city manager's receipt of the appeal. At any hearing, the city manager shall hear and investigate any objection that may be raised and take action in response as he may deem reasonable. Sec. 33-21. Abatement of public nuisance. (a) If the owner shall fail or neglect to complete abatement of the public nuisance as required within fourteen {14) days of mailing of notice or of posting, whichever is applicable, the city manager may direct in writing that city forces abate or complete the abatement of such public nuisance; or the city manager may contract for this abatement on behalf of the city with a pri- vate contractor. (b) Any owner may abate the public nuisance himself without liability to the city, provided that he completes the abatement prior to commen- cement of abatement by city personnel or any private contractor on behalf of the city. Sec. 33-22. Accounting for abatement costs. The city manager shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city 'clerk and the chief of billings and collections at convenient intervals. The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description sufficient to identify the parcel, and specify and include an additional administrative fee of fifty dollars ($50.00) hereby ordained to be assessed against each owner; the cost of abatement including but not limited to a minimum of two (2) hours labor as well as other reasonable charges for equipment; and interest authorized by this article. SEC. 33-23. Notice to owner of hearing on abatement costs; post-abatement hearing. {a) Upon completion of the reports and assessment lists, the city manager shall send by certified mail to each owner at his address as determined from public records a notice including a statement to the owner of the abatement cost, and the administrative fee. The notice shall also advise the owner of his right to object to, be heard upon, and contest the amount of the abatement costs. The notice shall further provide that upon confirmation by the city manager of the abatement cost and administrative fee, they shall constitute spe- cial assessments against the owner and the parcel, a personal obligation of the owner, and a lien upon the owner's parcel from the date and time of the recor- dation of a notice of lien, and from the date of such confirmation, until paid, bear interest at the legal rate, and that any fees, charges or costs for the abatement of a nuisance thereof shall be collected in any manner provided by the Code of Virginia for the collection of state and local taxes. (b) The owner shall have fourteen (14) days from the date of receipt of the notice of assessment to appeal the amount of the assessment to the city manager. The city manager shall set a hearing and notify the owner of the time and location of a hearing for the purpose of hearing the owners's objections to and comments upon the report and proposed assessment, of 121 122 correcting any mistakes or inaccuracies in these documents and of confirming the same. If the owner does not appeal the assessment as stated in the notice, the assessment shall be deemed to be confirmed. (c) With respect to all assessments remaining unpaid fourteen (14) days after confirmation, the city manager shall cause a notice of the lien of the special assessment prepared by the city attorney to be recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. The city attorney may take appropriate steps including a personal or in rem suit or action in the appropriate court to enforce the lien to satisfy the special assessment. 2. Section 33-24 Post-abatement hearing, of Chapter 33, Vegetation and Trash, Code of the City'of Roanoke (1979), as amended, is hereby REPEALED. 3. In order to provide for the usual daily operation of the munici- pal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after November 1, 1990 APPROVED ATTEST: ~L~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30276-101590. A RESOLUTION urging the 1991 Session of the General Assembly to adopt emergency legislation regulating "vicious" and "dangerous" dogs. WHEREAS, Senate Joint Resolution No. 136, adopted by the 1990 Session of the General Assembly, requested the Virginia Society for the Prevention of Cruelty to Animals and the Virginia Animal Control Association to jointly exa- mine the necessity of legislation regarding dangerous domestic animals; WHEREAS, the Committee created pursuant to SJR No. 136 will be making its report, including the recommendation of certain legislation, to the Governor and General Assembly prior to December 1, 1990; WHEREAS, in the City of Roanoke on October 3, 1990, a Rottweiler type dog made a vicious unprovoked attack upon a five year old child inflicting serious bodily injury upon the victim who has been hospitalized in intensive care; WHEREAS, on a national basis, the number of unprovoked attacks by large dangerous dogs seems to be on the rise and the number of fatalities also seems to be on the increase; WHEREAS, local governments are anxious to protect the health and safety of their citizens, but the authority to enact local ordinances regulating "vicious" and "dangerous" dogs is in question; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 1991 Session of the General Assembly is urged to adopt emergency legislation regulating "vicious" and "dangerous" dogs. 2. Any such legislation should define a "vicious" dog and require its humane destruction after due process procedures and should also define a "dangerous" dog and impose strict conditions upon which it shall be kept, including requirements of a secure enclosure, warning signs, permanent iden- tification of the dog, muzzling when off the owner's premises and special insurance or bond coverage to protect the public. 3. The City Clerk is directed to forward a copy of this resolution to the Members of the Committee appointed pursuant to SJR 136, to Senator Mark L. Early, sponsor of SJR 136, and to Senator J. Granger Macfarlane, and Delegates A. Victor Thomas and Clifton A. Woodrum, III. 123 ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30277-101590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Community Development Block Grant - FY90 Unprogrammed CDBG (1-4) ........................................ Community Development Block Grant - FY91 Unprogrammed CDBG (5) .......................................... $2,320,258.00 58,815.00 2,089,532.00 5,744.00 Revenue Community Development Block Grant - FY90 (6-11) ............... $2,320,258.00 Community Development Block Grant - FY91 (12) ................. 2,089,532.00 1) Unprogrammed CDBG - Parking Lot Income 2) Unprogrammed CDBG - Other Loan Payments 3) Unprogrammed CDBG - Float Loan Interest 4) Unprogrammed CDBG - Home Purch. Program 5) Unprogrammed CDBG - Wmsn. Road Garage 6) Parking Lot Income - RRHA 7) Other Income - RRHA 8) Interest on Float Loan 9) Loan Payment - NNEO 10) Loan Payment - Chem. (035-089-8940-5183) $ (035-089-8940-5186) (035-089-8940-5188) (035-089-8940-5192) (035-090-9040-5182) (035-035-1234-9002) (035-035-1234-9003) (035-035-1234-9021) (035-035-1234-9009) and Paper Services (035-035-1234-9015) 11) Home Purch. Program (035-035-1234-9022) 12) Williamson Rd. Garage (035-035-1234-9107) 35,251.00 3,439.00 12,750.00 200.00 5,744.00 38,176.00 (2,925.00) 12,750.00 2,876.00 563.00 200.00 5,744.00 124 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 15th day of October, 1990. No. 30278-101590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay from Revenue $ Civic Center Auditorium Fire Damage (1-2) ..................... 901,991.00 587,850.00 Revenue Accounts Receivable - Industrial Risk Insurers (3) ............ 562,600.00 Retained Earnings Retained Earnings Unrestricted (4) ............................ $ 1,753,235.00 1) Approp. from General Revenue 2) Approp. from Third Party 3) Accounts Receivable - Indust. Risk Ins. 4) Retained Earnings Unrestricted (005-050-8630-9003) $ 20,250.00 (005-050-8630-9004) (005-1112) (005-3336) 82,600.00 82,600.00 (20,250.00) 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 15th day of October, 1990. No. 30279 -101590. 125 AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated for repair of structural fire damage and conduit replacement at the Roanoke Civic Center Auditorium, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Construction Services of Roanoke, Incorporated made to the City in the total amount of $92,850.00 for repair of structural fire damage and conduit replacement at the Roanoke Civic Center Auditorium such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal 9overnment, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED 126 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1990. No. 30268-102290. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 105 and 106, 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 the hereinafter described property rezoned from RM-2, Residential Multi family, Medium Density District, to RS-3, Residential Single-Family District; from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District; and from RM-1, Residential Mul ti family, Low Density District, to RS-3, Residential Single-Family District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said petition at its meeting on October 8, 1990, 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 pro- vided. 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 Nos. 105 and 106 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as those parcels of land lying on the east side of Rosalind Avenue, S.W., between 24th Street, S.W., and of 23rd Street, S.W., designated on Sheet No. 105 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1051501, 1051502, 1051503, 1051504, 1051505, 1051506, 1051507, 1051508 and 1051519, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single Family District, and that Sheet No. 105 of the Sectional 1976 Zone Map be changed in this respect; and Property described as those parcels of land lying on the south side of Broadway Avenue, S.W., between Longview Avenue, S. W., and McClanahan Street, S. W., designated on Sheet No. 105 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1050701, 1050702, 1050703, 1050704, 1050705, 1050706, 1050707, 1051101, 1051102, 1051103, 1051104, 1051105, 1051106, 1051107, 1051108, and 1051109, be and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District, and that Sheet No. 105 of the Sectional 1976 Zone Map be changed in this respect; and Property described as those parcels lying approximately south of 22nd Street, S. W., and and north of 26th Street, S. W., and approximately west of Rosalind Avenue, S. W., and east of Avenham Avenue, S.W., designated on Sheet Nos. 105 and 106 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1050708, 1050709, 1050710, 1050802, 1050803, 1050804, 1050805, 1050806, 1050807, 1050808, 1050809, 1050810, 1050811, 1050812, 1050813, 1040814, 1050815, 1050816, 1050817, 1051201, 1051202, 1051203, 1051204, 1051205, 1051206, 1051207, 1051208, 1051209, 1051210, 1051211, 1051212, 1051213, 1051214, 1051215, 1051301, 1051302, 1051303, 1051304, 1051305, 1051306, 1051307, 1051308, 1051309, 1051310, 1051312, 1051313, 1051314, 1051315, 1051316, 1051317, 1051401, 1051403, 1051404, 1051405, 1051406, 1051407, 1051408, 1051410, 1051411, 1051412, 1051413, 1051414, 1051415, 1052008, 1052010, 1052011, 1052015, 1052101, 1052102, 1052103, 1052104, 1052105, 1052106, 1052107, 1052108, 1052109, 1052110, 1052111, 1052112, 1052113, 1052114, 1052115, 1052201, 1052203, 1052204, 1052205, 1052206, 1052207, 1052209, 1052210, 1052211, 1052212, 1052213, 1052214, 1052215, 1052301, 1052302, 1052303, 1052304, 1052305, 1052306, 1052307, 1060301, 1060302, 1060303, 1060304, 1060305, 1060306, 1060307, 1060310, 1060311, 1060312, 1060401, 1060402, 1060403, 1060404, 1060405, 1060406, 1060407, 1060408, 1060409, 1060410, 1060412, 1060414, part of closed 25th Street, 1060501, 1060502, 1060503, 1060505, 1060506, and 1060508, be and are hereby rezoned from RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, and that Sheet Nos. 105 and 106 of the Sectional 1976 Zone Map be changed in this respect. 127 ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1990. No. 30280-102290. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropri ati ons Other Infrastructure $15,721,363.00 Peters Creek Floodproofing (1) ................................ 150,000.00 Capital Improvement Reserve (5,294,927.00) Public Improvement Bonds - Series 1990 (2) .................... (1,252,677.00) 1) Approp. From Bonds 2) Storm Drains (008-052-9662-9001) $ 150,000.00 (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: City Clerk APPROVED 128 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1990. No. 30281-102290. A RESOLUTION authorizing the execution of a contract with Mattern & Craig, P.C. to provide certain engineering services, specifically engineering services in connection with the Peters Creek 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, an agreement with Mattern & Craig, P.C. for the provision by such firm of engineering services for Phase IA - Preliminary Engineering in connec- tion with the Peters Creek Flood Reduction Project, as more particularly set forth in the October 22, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $150,000.00 without further Council authorization. 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 22nd day of October, 1990. No. 30282-102290. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Judicial Administration Multi-Jurisdiction Drug Grant 89 - A7204 (1-6) ................... Multi-Jurisdiction Drug Grant 90 - A7206AD (7-10) ................ $303,707.00 47,073.00 88,314.00 Revenue Judicial Administration Multi-Jurisdiction Drug Grant 89 - A7204 (11) .................... Multi-Jurisdiction Drug Grant 90 - A7206AD (12) .................. 1) Regular Employee Salaries (035-026-5122-1002) 2) Training and Devel. (035-026-5122-2044) 3) Expendable Equipment (035-026-5122-2035) 4) Supplies (035-026-5122-2030) 5) Publications and Subscriptions 6) Other Rental 7) Regul ar Employee Salaries (035-026-5122-2040) (035-026-5122-3075) (035-026-5123-1002) $40,614.00 180.00 1,665.00 614.00 800.00 3,200.00 74,660.00 $303,707.00 47,073.00 88,314.00 8) Training and Devel. (035-026-5123-2044) 9) Expendable Equipment (035-026-5123-2035) 10) Admin. Supplies (035-026-5123-2030) 11) State Grant Receipts (035-035-1234-7039) 12) State Grant receipts (035-035-1234-7046) 2,400.00 968.00 10,286.00 47,073.00 88,314.00 129 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 22nd day of October, 1990. No. 30283-102290. A RESOLUTION authorizing the acceptance of certain Multi-Jurisdictional Special Drug Prosecutor Grants 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 grants. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts from the Commonwealth of Virginia Multi-Jurisdictional Special Drug Prosecutor Grant No. 89-A7204 in the total amount of $47,073.16 for the period January 1, 1990, through June 30, 1990, and Grant No. 90-A7206AD in the total amount of $88,313.73 for the period of July 1, 1990, through June 30, 1991. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file and the City Clerk is authorized to attest on behalf of the City of Roanoke any and all appropriate documents required to obtain such grants, including if necessary, the form providing for waiver of formula grant funds under the Anti-Drug Abuse Act of 1986. 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 grants or with such project. APPROVED ATTEST: City C1 erk 130 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1990. No. 30284-102290. AN ORDINANCE authorizing the exercise of an option to purchase certain real property for the purpose of constructing a fire 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 City Manager is authorized to exercise, on behalf of the City, an option to purchase certain real property located on Mecca Street off Route 460 East from Charles L. McGhee and Edna L. McGhee and from Mildred K. Peters in accordance with an Option Agreement dated June 22, 1990 between the City and the sellers, as more particularly set forth in the City Manager's report of October 22, 1990. 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 C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1990. No. 30286-102290. AN ORDINANCE granting to Arden Associates L.P. a revocable license to enter upon City property, for the purpose of site development, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Arden Associates L.P. be granted a license, revocable at the option of the City, to enter upon certain property within the Roanoke Centre for Industry and Technology which property is the subject of a Real Estate Option Agreement between the City and Elizabeth Arden Company, dated September 28, 1990, the location of which is more particularly shown as Parcel 4 {Tax Map No. 7210101) on a plan attached to the Real Estate Option Agreement, for the purpose of site development. 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 Arden Associates L.P., upon such terms and conditions as are deemed appropriate by the City Manager and in accor- dance with the recommendations contained in the report of the City Manager, dated October 22, 1990, said 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1990. No. 30287-102290. 131 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, 1990; WHEREAS, §15.1-1377 of the Code of Virginia (1950), as amended, provi- des 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 W. Bolling Izard 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, 1990, and expiring on October 20, 1994, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1990. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1990. No. 30288-102290. A RESOLUTION memorializing the late Horace S. Fitzpatrick, Roanoke Civic Center Commission member. WHEREAS, the members of this Council have learned, with sorrow, of the recent passing of Horace S. Fitzpatrick, an esteemed member of the Roanoke Civic Center Commission since October, 1980; WHEREAS, Mr. Fitzpatrick was a dedicated public servant having pre- viously served as a member of the original Civic Center Advisory Commission, as President of the Roanoke Valley Chamber of Commerce, as President of the Miss Virginia Pageant for three years, and as a Board member of numerous other com- munity and charitable organizations. WHEREAS, Mr. Fitzpatrick was a highly valued friend and leader in the community who gave unselfishly of his time and efforts in support of causes which benefitted us all. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol 1 ows: 1. Council desires to take special note of and adopts this means of recording its deepest regrets at the passing of Horace S. Fitzpatrick and extends to Mrs. Marie Fitzpatrick, his widow, the sympathy of this Council and that of the citizens of this City who benefitted by his service; and 132 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Fitzpatrick. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1990. No. 30289-11190. A RESOLUTION reaffirming the commitment of the City of Roanoke that the people of Glenvar and Catawba should have a second vote to determine whether they will be a part of Roanoke Metropolitan Government or the City of Salem; and urging the Board of Supervisors of Roanoke County to honor its commitment by accepting the offer of the City of Salem and permitting the promised second vote to occur. WHEREAS, the City of Roanoke has always supported the principle that the people of Glenvar and Catawba should be given the opportunity to become a part of Salem upon a successful consolidation vote; WHEREAS, the City supported legislation approved by the 1990 Session of the General Assembly which authorizes a second vote for Glenvar and Catawba residents after a favorable vote on consolidation; WHEREAS, until recently, the future of the second vote had been clouded by questions as to whether the City of Salem would agree to pay a fair and reasonable consideration for any territory which might be added to the boun- daries of Salem; WHEREAS, by letter of October 30, 1990, the City of Salem has made an eminently fair and reasonable offer for the territory in question, which offer is substantially responsive to the demand of Roanoke County for the territory; and WHEREAS, the City of Roanoke commends the City of Salem for its generous offer which will permit a second vote to occur in the Glenvar and Catawba areas thereby allowing these citizens to democratically decide their destiny; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council reaffirms its longstanding commitment that the people of Glenvar and Catawba should have a second vote to determine whether they will be a part of Roanoke Metropolitan Government or the City of Salem. 2. Council urges the Board of Supervisors of Roanoke County to honor its commitment to the people of Glenvar and Catawba by acceptting the offer of the City of Salem thereby permitting the promised second vote to occur. 3. The City Clerk is directed to forward attested copies of this resolution to the Clerk of the Board of Supervisors of Roanoke County and the Clerk of the City Council of the City of Salem. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30285-11590. 133 AN ORDINANCE authorizing the consent to the assignment of a Real Estate Option Agreement for the sale of approximately 28.26 acres of land within the Roanoke Centre for Industry and Technology to Elizabeth Arden Company, to Arden Associates L. P., and authorizing the exe- cution of the requisite documents. WHEREAS, Elizabeth Arden Company has requested the City's consent to the assignment of a Real Estate Option Agreement between the City of Roanoke and Elizabeth Arden Company for the sale of approximately 28.26 acres of land within the Roanoke Centre for Industry and Technology, which Option was authorized by this Council by Ordinance No. 30221-91790, and executed on behalf of the City on September 28, 1990. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and attest, respectively, the appropriate document consenting to the assignment of the Option, upon form approved by the City Attorney, in accordance with the recommendation contained in the report of the City Manager, dated October 22, 1990. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30290-11590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Education $22,120,399.00 Drug Free Schools 90-91 (1-9) ................................ 124,124.00 Revenue Education $22,120,399.00 Drug Free Schools 90-91 (10) ................................. 124,124.00 1) Counselors 2) Training 3) Social Security 4) Retirement 5) Health Insurance 6) Group Life Ins. (035-060-6969-6306-0123) (035-060-6969-6306-0129) (035-060-6969-6306-0201) (035-060-6969-6306-0202) (035-060-6969-6306-0128) (035-060-6969-6306-0205) 7) Contracted Services (035-060-6969-6306-0313) 8) Instr. Materials (035-060-6969-6306-0614) 9) Other Materials (035-060-6969-6306-0615) $ 54,640.00 20,437.00 5,743.00 9,155.00 5,440.00 585.00 13,124.00 7,000.00 8,000.00 134 10) Federal Grant Recpts (035-060-6969-1102) 124,124.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30291-11590. A RESOLUTION establishing Monday, December 24, 1990, as a City holiday for certain employees for this calendar year only. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Monday, December 24, 1900, shall be observed as a holiday for cer- tain 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 Monday, December 24, 1990. 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 24, 1990, such employees, regardless of whether they are scheduled to work on December 24, 1990, shall be accorded equivalent time off according to a schedule to be arranged by the City Manager. 3. Adherence to this resolution shall cause no disruption or cessa- tion of the performance of any emergency, essential or necessary public service rendered or performed by the City. ATTEST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30292-11590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Health and Welfare $ 453,007.00 Runaway and Homeless Youth Grant (1-4) ......................... 46,856.00 135 Revenue Health and Welfare $ 453,007.00 Runaway and Homeless Youth Grant (5) ........................... 46,856.00 1) Reg. Emp. Salaries 2) FICA 3) Admin. Supplies 4) Training & Development 5) Federal Grant Receipts (035-054-5127-1002) (035-054-5127-1120) (035-054-5127-2030) (035-054-5127-2044) (035-035-1234-7088) $36,249.00 9,877.00 60.00 670.00 46,856.00 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 5th day of November, 1990. No. 30293-11590. A RESOLUTION authorizing the acceptance of a certain grant offer made to the City of Roanoke by the United States Department of Health and Human Services under the provisions of the Runaway and Homeless Youth Act (P.L. 98-473) and authorizing the execution of the City's acceptance of the aforesaid grant offer and the agreement, on behalf of the City, to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements of said Department pertaining thereto. 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 a certain grant under the pro- visions of the Runaway and Homeless Youth Act (P.L. 98-473) amounting to $46,856.00 in funding to be used to augment client services to runaway and home- less youth at the City of Roanoke's Crisis Intervention Center (Sanctuary) as set out and described in the City's application for said funding made as Grant No. 03CY0269/01 by said Department. 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 proper forms with the United Stated Department of Health and Human Services for the aforementioned grant. 3. The City Manager is further directed to furnish such additional information as may be required by the United States Department of Health and Human Services in connection with the City's acceptance of the aforementioned grant or with such project. APPROVED ATTEST: City Clerk 136 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30294-11590. 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 deeds of trust securing the notes for each of the loans, authorizing the City Manager to execute certificates of satisfac- tion upon full payment and satisfaction of the loans, and authorizing recor- dation by the City Attorney of the certificates 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 sub- standard housing, contingent upon approval by the Virginia Housing Development Authority (VHDA) of State rehabili-tation loans. 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 con- nection with the City's Home Purchase Assistance Program to the individuals identified in the City Manager's report dated November 5, 1990, upon the terms and conditions set forth therein. 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 Edna Christine Whorley, Clotiel Angienett Smith Jones and Gail D. Kinzer Winfree, as set forth in the report of the City Manager dated November 5, 1990. 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 loans, including Construction Disbursement Agreements, in connection with the Home Purchase Assistance Program loans to be made to Edna Christine Whorley, which loan amount shall not exceed $21,000 for the purchase price, closing costs, attorney fees and rehabilitation of the pro- perty at 931 Kellogg Avenue, N.W., Cloteil Angienett Smith Jones, which loan amount shall not exceed $21,900, for the purchase price, closing costs, attorney fees and rehabilitation of the property at 903 Kellogg Avenue, N.W., Gail D. Kinzer Winfree, which loan amount shall not exceed $21,000 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 913 Kellogg Avenue, N.W., and Brenda Augusta Mason, which loan amount shall not exceed $20,000, for the purchase price, closing costs, attorney fees and rehabi- litation of the property at 1547 Rugby Boulevard, N.W., all of which is in accordance with the recommendations contained in the City Manager's report dated November 5, 1990. 4. To secure payment of the loans of CDBG funds made under the Home Purchase Assistance Program and performance by the loan recipients, each reci- pient 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 §26-49, 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 debts 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 certificates of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificates of satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. 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. 137 ATTEST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30295-11590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropri ati ons General Government $ 2,614,336.00 Commissioner of Revenue (1-2) ................................. 757,563.00 Fund Balance Capital Maintenance and Equipment Program - City Unappropriated (3) ..................................... $ 2,037,703.00 1) Admin. Supplies 2) Furniture & Equipment 3) CMERP - City (001-022-1233-2030) $ (001-022-1233-9005) (001-3323) 5,000.00 20,891.00 (25,891.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED 138 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30296-11590. AN ORDINANCE authorizing the City's execution of a Revocable Entry Permit with the Roanoke Regional Airport Commission, providing for the City to enter upon Roanoke Regional Airport Commission property to inspect certain work being performed in connection with the realignment and reconstruction of Thirlane Road, N. W.; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a revocable entry permit with the Roanoke Regional Airport Commission (RRAC) granting to the City the right to enter upon the property of the RRAC to inspect certain work being performed in connection with the realignment and reconstruc- tion of Thirlane Road, N. W. upon such terms and conditions as are deemed appropriate by the City Manager and in accordance with the recommendations con- tained in the report of the City Manager, dated November 5, 1990, said agreement to be in such form as is approved 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. ATTEST: ~~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30297-11590. 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 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 12, 1990, through January 15, 1991; (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, grow ing 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 $100,000 for bodily injury, $300,000 per acci- dent, and $50,000 property damage; (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. 139 ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30298-11590. A RESOLUTION accepting the bid of Montgomery Tank Lines made to the City for transportation of pickle liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1, 1990, to October 31, 1991; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Montgomery Tank Lines, made to the City, offering to transport pickle liquor from Yorkville, Ohio, to the City's Water Pollution Control Plant in the City of Roanoke, Virginia, for the period of November 1, 1990, to October 31, 1991, for the price of $1.70 cwt on 46,000 pounds per load, plus fuel surcharge, with option to renew, as more particularly set forth in the report to this Council dated November 5, 1990, 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 ordinance. 3. Any and all other 'bids made to the City for the aforesaid procure- ment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: ~~ City Clerk APPROVED 140 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30299-11590. A RESOLUTION authorizing the execution of a contract and related docu- ments with Blue Cross and Blue Shield of Virginia to provide group hospitaliza- tion 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, 1991, and ending December 31, 1991, 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 5, 1990, and the attach- ments thereto. 2. Said contract shall be delivered, if possible, to the City not later than December 15, 1990, 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. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30300-11590. A RESOLUTION authorizing the execution of a contract and related docu- ments with Delta Dental Plan of Virginia to provide group dental insurance for employees of the City and members of their families. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute a contract with Delta Dental Plan of Virginia, for group dental insurance for a term of two years beginning January 1, 1991, 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 con- sistent with the terms negotiated by and between the City and Delta Dental Plan of Virginia and described in a report to Council by the City Manager dated November 5, 1990, and the attachments thereto. 2. Said contract shall be delivered, if possible, to the City not later than December 15, 1990, fully executed by Delta Dental Plan of Virginia and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30301-11590. 141 AN ORDINANCE designating the official name of a certain City plaza located on the northeast corner of Luck Avenue and South Jefferson Street as the "CRESTAR PLAZA," directing the amendment of the Comprehensive Parks and Recreation Plan, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Mr. William F. Hawkins, Past President, Crestar Bank, requested in a letter to the Director of the Department of Public Works that the name of the plaza on the northeast corner of Luck Avenue and Jefferson Street be named CRESTAR PLAZA; 2. That the plaza was originally constructed by the City in 1978 on a parcel of land which was formerly a portion of the Downtown East Redevelopment Area and which was accepted by the City and designated for public use on October 9, 1978, by Ordinance No. 24366; 3. That on April 13, 1981, the City Council, by Resolution No. 25531, approved and adopted a Parks and Recreation Plan as an element of the City's Comprehensive Plan; 4. That the plaza is included in the Parks and Recreation Plan; 5. That the Parks and Recreation Plan continues to be an element of the Comprehensive plan; 6. That the Planning Commission considered the request to name the plaza at a regularly scheduled meeting and found that naming the plaza "CRESTAR PLAZA" would help avoid public confusion; 7. That the Planning Commission voted to recommend that the request be approved and that the Parks and Recreation Plan be amended to reflect the change; 8. That the City Council concurs in the recommendation of the Planning Commission; 9. That the plaza on the northeast corner of Luck Avenue and South Jefferson Street is hereby named the "CRESTAR PLAZA"; 10. That the appropriate City personnel are directed to amend the City's Parks and Recreation Plan consistent with this ordinance; and 11. 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. ATTEST: City Clerk APPROVED 142 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1990. No. 30302-11590. A RESOLUTION revoking the acceptance of the bid of Strahle Construction Company, Inc. for asbestos abatement at 118 - 124 Campbell Avenue, S. W. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Acceptance of the bid of Strahle Construction Company, Inc. for asbestos abatement at 118 - 124 Campbell Avenue, S. W. in the amount of $55,005.00 accepted by this Council by Resolution No. 30095-61190 is hereby REVOKED. 2. The City Manager is authorized to notify Strahle Construction Comapny, Inc. that based upon its failure to meet the project insurance require- ments as set forth in the Contract Documents, the bid of Strahle Construction Company, Inc. and any corresponding contracts are revoked. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1990. No. 30305-111290. A RESOLUTION requesting the 1991 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 12, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, after due and proper publication of the notice of public hearing pursuant to §15.1-835, Code of Virginia (1950), as amended, which notice contained inter alia, an infor- mative summary of the proposed amendment to the Roano-6k-~--C~'~'F~er of 1952 hereinafter referred to, a public hearing with respect to such proposed amend- ment was held before the City Council at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of such public hearing and upon consideration of the proposed amendment to such Charter, the Council is of opinion that the 1991 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 1991 Session to amend Section 62 of the Roanoke Charter of 1952, as presently amended, by adding the words hereinafter shown as underscored: (8) The board of zoning appeals shall consist of five mem-bers, each to be appointed for a term of three years and removable for cause by the appointing authority, upon written charges and after public hearing. The pre- ceding sentence notwithstanding, at the expiration of the terms of the members serving on the board of zoning appeals as of January 1, 1991, two members shall be appointed for terms of three years each, two members shall be appointed for terms of two years each, and one member for a term of one year. Thereafter, all members shall be appointed for terms of three years each. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. 143 2. The General Assembly of Virginia is hereby requested at its 1991 Session to amend the Roanoke Charter of 1952, as presently amended, by adding a section numbered 62.1 as follows: §62.1 Authoritj/ of Citj/ Council to impose civil penalties for wrongful demolition of historic buildings. (1) Notwithstanding the provisions of any state law which authorizes civil penalties for the violation of a local zoning ordinance, the council of the city of Roanoke may adopt an ordinance which establishes a civil penalty for the demolition, razing or moving of a buildin~ or structure without approval by the board of architectural review or the council of the city of Roanoke, when such building or struc- ture is subject to the city's historic preservation zoning ordinance. The penalty established by the ordinance shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the building or structure, as determined by the city real estate tax assessment at the time of the demoli- tion. (2) An action seeking the imposition of such a penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as anj/ action at law. It shall be the burden of the city to show the liability of the violator by a pre-ponderance of the evi- dence. 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 prosection for the same offense, except where the demolition, razing or moving has resulted in personal injury. (3) The defendant may, within twenty-one days after the filing of the petition, file an answer and without admit- ting liability, agree to restore the building or 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. {4) Nothing in this section shall preclude action by the zoning administrator under Virginia Code §15.1-491(d) or by the City under Virginia Code-~151.-499, either by separate action or as a part of the petition seeking a civil penalty. 3. The General Assembly of Virginia is hereby requested at its 1991 Session to amend the Roanoke Charter of 1952, as pre sently amended, by adding to Section 62 a new subsection numbered (5.1) as follows: (5.1) The Council of the City of Roanoke may, by ordinance adopted after holding one or more public hearings concerning same, establish design overlay districts, p?viding for such design overlay districts and a design review process appli- cable to exterior changes within view from public rights-of- way, in order to protect developed areas of the city which are characterized by uniqueness of estab-lished neighborhood character, architectural coherence and harmony, or vulnera- bility to deterioration, and the council of the city of Roanoke may assess a reasonable fee, not exceeding the actual cost of the review process, for a determination of whether proposed new construction, alteration, rehabilita- tion or demolition conforms to general guidelines for a parti- cular design overlay district establ(shed by the plannin.q commission and urban design committee after holding a public hearing. 144 4. The City Clerk is directed to forthwith, as provided by §15.1-834, Code of Virginia (1950, as amended, transmit to each of the members of the General Assembly of Virginia representing the City of Roanoke at the 1990 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 1991 Session of the General Assembly. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1990. No. 30306-111290. A RESOLUTION amending the 1990-91 Community Development Block Grant {CDBG) Statement of Objectives; and authorizing the execution and filing with the United States Department of Housing and Urban Development (HUD) of cer- tain documents relating thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City's 1990-91 CDBG Statement of Objectives is hereby amended in order provide for inclusion of a project relating to construction of a parking garage next to Fire Station No. i in the 200 block of Church Avenue, S. E., and use of $1,525,000 in CDBG program income plus interest for construction of the facility, in accordance with the recommendation contained in the report of the City Manager to Council dated November 12, 1990. 2. The City Manager or Assistant City Manager is hereby authorized to execute and file with the United States Department of Housing and Urban Development (HUD) documents reflecting the amendment authorized hereby, and to furnish HUD with any additional information or assurances required in relation thereto. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1990. No. 30307-111290. A RESOLUTION authorizing a revocable permit to Downtown Roanoke, Inc., for the installation and maintenance of its holiday decorations over and above City rights of way and upon certain City light standards and other City facili- ties in the downtown area of the City, from November 1, 1990, through January 15, 1991, upon certain terms and conditions. WHEREAS, Downtown Roanoke, Inc. (hereinafter "Permittee") has requested that City Council authorize Permittee to install and maintain its holiday decorations over and above City rights of way and upon certain City light stan- dards and other City facilities on streets in the Downtown Business District; WHEREAS, the City of Roanoke will act as the agent of Permittee in installing such holiday decorations; and 145 WHEREAS, Council is desirous of granting the request of Permittee pur- suant 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 install and maintain its holiday decorations over and above City rights of way and upon certain City light standards and other City facilities in the Downtown Business District, the location of such decorations being more particularly described in the City Manager's report, dated November 12, 1990, pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective from November 1, 1990, through January 15, 1991; (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, arising out of installation, maintenance or removal of such holiday decorations; 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 liability insurance with respect to installation, maintenance and removal of such holiday decorations, in the amount of at least $1,000,000 for bodily injury and property damage combined; (d) Permittee shall pay to the City the cost of electrical power consumed by its decorations attached to City light standards and other City facilities; (e) Electrical equipment provided by Permittee shall be UL approved for wet locations and installed pursuant to the National Electrical Code and the National Electrical Safety Code; (f) No decoration shall be constructed, attached, installed, erected, or maintained so as to obscure the view of any directional or informational sign by any operator of a motor vehicle or pedestrian; and (g) No decoration shall be installed or attached to any tree or shrub on City property. 2. This permit shall not extend to or be construed as granting Permittee any right or authority with respect to property and facili ties of public utility corporations. 3. 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 per- mittee has been filed in the Office of the City Clerk. ATTEST: City C1 erk APPROVED Mayor 146 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1990. No. 30303-111990. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone Map, City of Roanoke, by designating certain property within the City with an H-l, Historic District Overlay. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property zoned with an H-l, Historic District Overlay; 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 on said application by the City Council at its meeting on November 12, 1990, at 7:30 p.m., 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 zoning; 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 zoned with an H-l, Historic District Overlay 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. 101 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a tract of land located at 617 South Jefferson Street, designated on Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1013313, be and is hereby zoned with an H-l, Historic District Overlay, said property currently zoned C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on August 9, 1990, and that Sheet No. 101 of the Sectional 1976 Zone Map be changed in this respect. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1990. No. 30304-111990. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 616, 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 12, 1990, 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 pro- vided. 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. 616 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a portion of a tract of land lying and being at 2306 Peters Creek Road, N. W., in the City of Roanoke, designated on Sheet No. 616 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6160633 be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to those conditions prof- fered by and set forth in the First Amended Petition to Rezone filed in the Office of the City Clerk on September 19, 1990, and that Sheet No. 616 of the Zone Map be changed in this respect. 147 ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1990. No. 30308-111990. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Education $65,834,881.00 Facilities (1-2) ............................................. 1,010,085.00 Fund Balance Capital Maintenance and Equipment Replacement Program - Schools - Unappropriated (3) ................................. $ 485,111.00 Grant Fund Appropriations Education $16,813,494.00 Title IIA Training (4) ....................................... 130.00 Juvenile Detention Home 90-91 (5-7) .......................... 80,553.00 Magnet School 90-91 (8-9) .................................... 1,729,330.00 Environmental Education Mini-Grant (10-11) ................... 3,500.00 Hurt Park Tutorial Program 90-91 (12-15) ..................... 4,700.00 148 Revenue Education $16,813,494.00 Title IIA Training (16) ....................................... 130.00 Juvenile Detention Home 90-91 (17) ............................ 80,553.00 Magnet School 90-91 (18) ...................................... 1,729,300.00 Environmental Education Mini-Grant (19) ....................... 3,500.00 Hurt Park Tutorial Program 90-91 (20) ......................... 4,700.00 1) Professional Fees 2) Roof Replacement 3) CMERP-Schools 4) Tuition 5) Travel 6) Instr. Supplies 7) Equipment 8) Indirect Costs 9) Equipment 10) Field Trips 11) Instr. Supplies 12) Teacher 13) Social Security 14) Travel 15) Instr. Supplies (001-060-6004-6896-0829) (001-060-6004-6896-0851) (001-3324) (035-060-6425-6334-0382) (035-060-6586-6554-0551) (035-060-6586-6554-0614) (035-060-6586-6554-0821) (035-060-6962-6307-0212) (035-060-6972-6307-0822) (035-060-6970-6100-0583) (035-060-6970-6100-0614) (035-060-6971-6000-0121) (035-060-6971-6000-0201) (035-060-6971-6000-0554) (035-060-6971-6000-0614) 16) Fed. Grant Receipts (035-060-6425-1102) 17) State Grant Funds (035-060-6586-1100) 18) Fed. Grant Receipts (035-060-6962-1102) 19) State Grant Receipts(035-060-6970-1100) 20) State Grant Receipts(035-060-6971-1100) 1,055.00 12,495.00 (13,550.00) 130.00 200.00 ( 400.00) 1,000.00 304.00 13,569.00 1,235.00 2,265.00 3,745.00 287.00 500.00 168.00 130.00 800.00 13,873.00 3,500.00 4,700.00 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 19th day of November, 1990. No. 30309-111990. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Judicial Administration $ 3,433,965.00 Law Library (1-6) ............................................. 197,789.00 Fund Balance Reserved CMERP - City (7) .................................... $ 1,502,476.00 Revenues Charges for Current Services $ 6,600,971.00 Court Costs (8) ............................................... 601,348.00 1) Publications and Subscriptions (001-054-2150-2040) $ 27,604.00 2) Furn. & Equip. (001-054-2150-9005) 3,000.00 3) Other Equipment (001-054-2150-9015) 5,000.00 149 4) Telephone (001-054-2150-2020) 5) Expendable Equipment (001-054-2150-2035) 6) Admin. Supplies (001-054-2150-2030) 7) Reserved CMERP-City (001-3323) 8) Law Library Fees (001-020-1234-0819) 100.00 5,000.00 1,000.00 (30,704.00) 11,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1990. No. 30310-111990. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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 (1-24) .... $1,293,010.00 Revenue Fifth District Employment & Training Consortium-FY91 (25) ...... $1,293,010.00 1) Wages (034-054-9169-8010) $ 4,493.00 2) Fringes (034-054-9169-8011) 812.00 3) Wages (034-054-9169-8110) 21,071.00 4) Fringes (034-054-9169-8111) 4,573.00 5) Travel (034-054-9169-8112) 529.00 6) Communications (034-054-9169-8113) 630.00 7) Supplies (034-054-9169-8115) 700.00 8) Leases (034-054-9169-8118) 450.00 9) Wages (034-054-9169-8260) 43,838.00 10) Fringes (034-054-9169-8261) 9,516.00 11) Travel (034-054-9169-8262) 2,125.00 12) Communication (034-054-9169-8263) 549.00 13) Supplies (034-054-9169-8266) 360.00 14) Leases/Rentals (034-054-9169-8267) 90.00 15) Wages (034-054-9169-8045) 880.00 16) Fringes (034-054-9169-8046) 160.00 17) Wages (034-054-9169-8050) 4,734.00 18) Fringes (034-054-9169-8051) 1,009.00 19) Travel (034-054-9169-8052) 43.00 20) Communications (034-054-9169-8053) 135.00 21) Supplies (034-054-9169-8055) 83.00 22) Leases (034-054-9169-8058) 9.00 23) ABE/GED (034-054-9169-8269) 33,000.00 24) Funding Authority (034-054-9169-9999) 38,111.00 25) Employment Services Revenue (034-054-1234-9169) 167,900.00 1 '5 0 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 19th day of November, 1990. No. 30311--111990. AN ORDINANCE authorizing the execution of Amendment No. 2 to Short Term CDBG Float Loan Agreement, as amended by Amendment No. 1, 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 refi- nancing 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 of market leasing; WHEREAS, by Ordinance No. 29824-111389, adopted November 13, 1989, City Council authorized the execution of Amendment No. I to the Agreement, such amendment providing for a one year extension of the thenexisting two year short term CDBG float loan; and WHEREAS, the Note securing Amendment No. I becomes due and payable on November 23, 1990, and Downtown Associates has requested a sixty (60) day exten- sion of the loan upon certain terms and conditions to allow more time for deve- loping of market leasing. 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 to seal and attest, respectively, for and on behalf of the City, Amendment No. 2 to the Short Term CDBG Float Loan Agreement, dated November 5, 1987, which Agreement provided for the loan of $962,000 in Community Development Block Grant funds to Downtown Associates, for a period of two years with interest at the rate of three percent (3%) per annum, payable quarterly in arrears, as amended; such Amendment No. 2 to be in the form as is attached to the report of the City Manager dated November 19, 1990, and to be subject to the terms and conditions therein; such Amendment No. 2 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. ATTEST: ~~ Clerk APPROVED 151 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1990. No. 30312-111990. A RESOLUTION rejecting all bids for certain painting work on the Commonwealth of Virginia Building. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for painting the ground floor and first floor of the Commonwealth of Virginia Building 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. The City Manager is authorized to make any changes in the scope of the project deemed advisable and after approval has been received from the Commonwealth of Virginia, cause the project to be readvertised. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30314-112690. AN ORDINANCE amending and reordaining subsection (a) of §18-13, Created; composition; appointment and terms of members, Code of the City of Roanoke (1979), as amended, in order to permit the designee of the superin- tendent of public schools to serve on the Library Board; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subsection (a) of §18-13, Created; composition; appoint- ment and terms of members, of the Code of the City of Roanoke (1979), as amended, be and hereby is amended and reordained to read and provide as follows: §18-13. Created; composition; appointment and terms of members. (a) There is hereby created a library board consisting of ten (10) persons, one of whom shall be the superintendent of public schools, or his designee. The remaining nine (9) members shall be appointed by the Council from the citizens at large. The total membership of the board shall be increased by one member for each political subdivision which has entered into a contract with the City for the provision, in such political subdivision, of library services, such mem- ber to be a resident of such other political subdivision so contracting. 152 2. In order to provide for the usual daily operation of the muni- cipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30315-112690. A RESOLUTION authorizing a revocable permit to Crestar Bank, for the installation and decoration of a live tree in the fountain area of Crestar Plaza from November 26, 1990 through January 15, 1991. WHEREAS, Crestar Bank (hereinafter "Permittee") has requested that City Council authorize Permittee to install and decorate a live tree in the fountain area of the Crestar Plaza; and WHEREAS, Council is desirous of granting the request of Permittee pur- suant 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 install and decorate a live tree in the fountain area of Crestar Plaza, pursuant to the following terms and conditions: (a) (b) (c) (e) (f) Such permit shall be revocable and shall be effective from November 26, 1990, through January 15, 1990. Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, arising out of installation, maintenance or removal of such tree and decorations, growing out of or directly or indirectly resulting from the permission herein granted; Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing liability insurance with respect to installation, maintenance and removal of such tree and decorations, in the amount of at least $1,000,000.00 for bodily injury and property damage combined; Permittee shall pay to the City the cost of electrical power consumed by its tree and decorations attached to City light standards and other City facilities; Electrical equipment provided by Permittee shall be UL approved for wet locations and installed pursuant to the National Electrical Code and the National Electrical Safety Code; The tree and decorations shall not be constructed, attached, installed, erected, or maintained so as to obscure the view of any directional or informational sign by any operator of a motor vehicle or pedestrian; and (g) No decoration shall be installed or attached to any tree or shrub growing on City property. 153 2. This permit shall not extend to or be construed as granting Permittee any right or authority with respect to property and facili ties of public utility corporations. 3. This permit shall be in full force and effect at such time copy of this Resolution, duly signed, sealed, attested and acknowl- edged by permittee has been filed in the Office of the City Clerk. as a ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30316-112690. A RESOLUTION authorizing a revocable permit to Old Southwest, Inc., for the installation and decoration of a tree in Argonne Circle at the inter- section of King George Avenue and 4th Street, S.W., from December 1, 1990, through January 5, 1991, upon certain terms and conditions. WHEREAS, Old Southwest, Inc. (hereinafter "Permittee") has requested that City Council authorize Permittee to install and decorate a tree in Argonne Circle at the intersection of King George Avenue and 4th Street, S.W.; 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 install and decorate a tree in Argonne Circle at the intersection of King George Avenue and 4th Street, S.W., pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective from December 1, 1990, through January 5, 1990. {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, arising out of installation, maintenance or removal of such tree and decorations, 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 liability insurance with respect to installation, maintenance and removal of such tree and decorations, in the amount of at least $300,000 for bodily injury and property damage combined; (d) Permittee shall pay to the City the cost of electrical power consumed by its tree and decorations attached to City light standards and other City facilities; 154 (e) Electrical equipment provided by Permittee shall be UL approved for wet locations and installed pursuant to the National Electrical Code and the National Electrical Safety Code; (f) The tree and decorations shall not be constructed, attached, installed, erected, or maintained so as to obscure the view of any directional or informational sign by any operator of a motor vehicle or pedestrian; and (g) No decoration shall be installed or attached to any tree or shrub growing on City property. 2. This permit shall not extend to or be construed as granting Permittee any right or authority with respect to property and facilities of public utility corporations. 3. 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 per- mittee has been filed in the Office of the City Clerk. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30317-112690. A RESOLUTION authorizing the appropriate City officials to enter into the appropriate contractual agreements with Appalachian Power Company providing for reduced electrical rate and street lighting contract rates effective retroactively to July 1, 1990, upon certain 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, contractual agreements with Appalachian Power Company providing for a reduction in overall general service rates (customer charges, schools, water and sewage related and general government) of approximately 8.5% effective retroactively to July 1, 1990, with such new general service rates being applicable for a term of July 1, 1990, to June 30, 1993, and a reduction in street lighting rates of approximately 3.8% effective retroactively to July 1, 1990, with such new street lighting rates being appli- cable for a term of July 1, 1990, to June 30, 1993. Such agreements shall include such other terms and conditions as are set forth in the report to this Council, dated November 26, 1990. ATTEST: P6t.~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30318-112690. 155 AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental $11,920,036.00 Transfers to Other Funds (1) .................................. 10,879,256.00 Fund Balance Fund Balance - Unappropriated (2) ............................ $ 1,562,387.00 Capital Fund Appropriations Other Infrastructure $16,160,113.00 Roanoke River Flood Reduction-Land Acquisition (3) ............ 1,704,424.00 1) Transfer to Capital 2) Fund Balance - Unapprop. 3) Appropriation from General Revenue (001-004-9310-9508) (001-3323) (008-056-9619-9003) $ 438,750.00 (438,750.00) 438,750.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City Clerk APPROVED ~~ ~-~ayor~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30319-112690. AN ORDINANCE approving the City Manager's issuance of Change Order No. I to the City's contract with Construction Services of Roanoke, Incorporated, for repair of structural fire damage at the Civic Center Auditorium; and pro- viding 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. I to the City's contract with Construction Services of Roanoke, Incorporated, dated October 15, 1990, related to repair of structural fire damage at the Civic Center Auditorium. 2. Such Change Order shall provide for the following changes in the work to be performed: 156 CONTRACT AMOUNT $ 92,850.00 DESCRIPTION OF CHANGE ORDER: Addition of glass panels ADD 3,636.00 Rework doors and frames, rather than replace; replacement of fire extinguisher ADD 528.00 Replacement of fire extinguisher cabinet, hose and extinguisher on Main Level, replace hose only on upper level DEDUCT 239.00 Replace acoustical tile lay-in ceiling, lights and exit lights in Vestibule A-232; repair com position floor tile in southwest stairway on Second Level; removal of damaged plaster, Second Level, repair and repaint, replace exit lights in stairwell Vestibule ADD 4,019.00 Remove louver on Main Level as specified; clean and repaint louver on second level in lieu of replacement DEDUCT 400.00 Omit all carpet originally specified to be replaced DEDUCT 2,000.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. I $ 98,394.00 Additional time resulting from Change Order No. i 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30320-112690. A RESOLUTION accepting the bid of Cargill, Inc., made to the City for furnishing and delivering 1,000 tons, more or less, of 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 Cargill, Inc., made to the City, offering to supply 1,000 tons, more or less, of deicing salt meeting all of the City's specifica- tions and requirements therefor, for the total bid price of $44.40 per ton, 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 procure- ment 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. 157 ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30321-112690. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations General Fund (1-246) ......................................... $155,207,165.00 Revenues General Fund (247-270) ....................................... $152,228,283.00 Internal Service Fund Fund Balance Retained Earnings - Unappropriated (271) ..................... $ Appropriations Internal Service Fund (272-287( .............................. $ Revenues Internal Service Fund (288-291) .............................. $ 1) Life Insurance 2) Special Events 3) Life Insurance 4) Advertising 5) Telephone 6) Service Awards 7) Management Services 8) Life Insurance 9) Fees for Professional Services (001-001-1110-1130) $( (001-001-1110-2125) ( (001-001-1120-1130) ( (001-001-1120-2015) ( (001-001-1120-2020) ( (001-001-1120-2031) ( (001-001-1120-7015) ( (001-002-1211-1130) ( (001-002-1211-2010) 10) Training & Development(O01-O02-1211-2044) 11) Contingency 12) Temporary Wages 13) Life Insurance 14) Life Insurance 15) Fees for Professional Services (001-002-1211-2199) (001-002-1212-1004) (001-002-1212-1130) (001-002-8120-1130) (001-002-8120-2010) 136.00) 3,342.00) 229.00) 500.00) 500.00) 2,191.00) 2,000.00) 425.00) 2,000.00) 3,233.00) 2,000.00) 4,892.00) 273.00) 269.00) 2,745.00) 2,203,708.00 8,358,329.00 7,214,827.00 158 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) Advertising Publications and Subscriptions Life Insurance Admin. Supplies Expendable Equipment (001-002-8120-2015) (001-002-8120-2040) (001-002-8123-1130) (001-002-8123-2030) (001-002-8123-2035) Training & Development(O01-O02-8123-2044) Personnel Lapse (001-002-9410-1090) Life Insurance (001-003-1220-1130) Fees for Professional Services (001-003-1220-2010) Training & Development(O01-O03-1220-2044) Management Services Life Insurance Fees for Professional Services Admin. Supplies Expendable Equipment (001-003-1220-7015) (001-004-1231-1130) (001-004-1231-2010) (001-004-1231-2030) (001-004-1231-2035) Training Local Mileage Project Supplies City Information Systems Management Services Life Insurance Admin. Supplies Life Insurance Local Mileage Life Insurance Tel ephone Publications and Subscriptions Dues & Memberships Local Mileage Life Insurance Admin. Supplies Expendable Equipment Dues & Memberships & Development(O01-O04-1231-2044) (001-004-1231-2046) (001-004-1231-3005) (001-004-1231-7005) (001-004-1231-7015) (001-004-1232-1130) (001-004-1232-2030) (001-005-1240-1130) (001-005-1240-2046) (001-010-1310-1130) (001-010-1310-2020) (001-010-1310-2040) (001-010-1310-2042) (001-010-1310-2046) (001-020-1234-1130) (001-020-1234-2030) (001-020-1234-2035) (001-020-1234-2042) Training & Development(O01-020-1234-2044) Life Insurance (001-022-1233-1130) Admin. Supplies (001-022-1233-2030) Training & Development(O01-022-1233-2044) 43) 44) 45) 46) 47) 48) 49) 50) 51) 52) 53) Life Insurance 54) Maintenance Contracts 55) Fees for Professional Services 56) Advertising 57) Advertising 58) Telephone 59) Admin. Supplies 60) VSRS Retirement 61) Life Insurance 62) Equipment Rental 63) VSRS Retirement 64) Life Insurance 65) Training & Development 66) Recovered Costs 67) Life Insurance 68) Maintenance Contracts 69) Life Insurance 70) Fees for Professional Services 71) Expendable Equipment 72) Management Services 73) Life Insurance 74) Admin. Supplies 75) Expendable Equipment 76) Motor Fuels and Lubricants (001-023-1235-1130) (001-023-1235-2005) (001-023-1235-2010) (001-023-1235-2015) (001-023-1236-2015) (001-023-1236-2020) (001-023-1236-2030) (001-024-2140-1110) (001-024-2140-1130) (001-024-2140-3070) (001-024-3310-1110) (001-024-3310-1130) (001-024-3310-2044) (001-024-3310-8005) (001-026-2210-1130) (001-026-2210-2005) (001-028-2111-1130) (001-028-2111-2010) (001-028-2111-2035) (001-028-2111-7015) (001-050-1237-1130) (001-050-1237-2030) (001-050-1237-2035) (001-050-1237-2038) 77) Training & Development(O01-050-1237-2044) 78) Maintenance Equipment (001-050-1237-2048) 79) Life Insurance (001-050-1260-1130) 80) Training & Development(O01-050-1260-2044) 81) Life Insurance (001-050-1261-1130) 82) Publications and Subscriptions (001-050-1261-2040) 83) Employee Programs (001-050-1261-2043) $(1,712.00) ( 15o.oo) ( 54.00) ( 220.00) ( 331.00) ( 350.00) (47,453.00) ( 51o.oo) (7,000.00) ( 895.00) (2,000.00) ( 875.00) (1,000.00) (1,000.00) (2,000.00) (1,ooo.oo) ( 50.00) ( 500.00) (4,000.00) (2,000.00) ( 405.00) (7,500.00) ( 302.00) ( 100.00) ( lOl.OO) ( 500.00) ( 25.00) ( 20.00) ( 60.00) ( 549.00) (3,000.00) ( 550.00) ( 78.00) ( 250.00) ( 576.00) (7,454.oo) ( 364.00) ( 703.00) ( 47.00) ( 80.00) ( 300.00) ( 100.00) ( 100.00) ( 100.00) (3,355.00) (1,358.00) (5,494.00) (9,212.00) (3,728.00) ( 5o8.oo) (200,000.00) ( 738.00) (1,014.00) ( 820.00) (5,365.00) ( 716.00) (2,400.00) ( 200.00) ( 977.00) ( 9oo.oo) ( 200.00) (1,000.00) ( lOO.OO) ( 125.00) ( 168.00) ( 424.00) (2,500.00) (1,497.00) 84) 85) 86) 87) 88) 89) 90) 91) 92) 93) 94) 95) 96) 97) 98) 99) lOO) lOl) 102) 103) 104) lO5) 106) 107) 108) 109) 110) 1111 112) 113) 114) 115) 116) 117) 118) 119) 120) 121) 122) 123) 124) 125) 126) 127) 128) 129) 13o) 131) 132) 133) 134) 135) 136) 137) 138) 139) 140) 141) 142) 143) 144) 145) 146) 147) 148) 149) 150) 151) Training Life Insurance Fees for Professional Services Life Insurance Investigations and Rewards Life Insurance Expendable Equipment Life Insurance Wearing Apparel Management Services Motor Vehicle Maint. Life Insurance Life Insurance Admin. Supplies Life Insurance Life Insurance Admin. Supplies Expendable Equipment Dues & Memberships Life Insurance Electric Natural Gas Employee Physicals Life Insurance Expendable Equipment Subsidies Life Insurance Fees for Professional Services Telephone Electric Admin. Supplies Life Insurance Electric Publications and Subscriptions Life Insurance Advertising Utilities - Other & Development(O01-050-1261-2044) (001-050-1262-1130) (001-050-1262-2010) (001-050-3111-1130) (001-050-3111-2150) (001-050-3112-1130) (001-050-3112-2035) (001-050-3113-1130) (001-050-3113-2064) (001-050-3113-7015) (001-050-3113-7025) (001-050-3114-1130) (001-050-3115-1130) (001-050-3115-2030) (001-050-3211-1130) (001-050-3212-1130) (001-050-3212-2030) (001-050-3212-2035) (001-050-3212-2042) (001-050-3213-1130) (001-050-3213-2022) (001-050-3213-2024) (001-050-3213-2110) (001-050-3214-1130) (001-050-3214-2035) (001-050-3260-3700) (001-050-3520-1130) (001-050-3520-2010) (001-050-3520-2020) (001-050-3520-2022) (001-050-3520-2030) (001-050-3521-1130) (001-050-3521-2022) (001-050-3521-2040) (001-050-3530-1130) (001-050-4340-2015) (001-050-4340-2029) Training & Temporary Wages Life Insurance Electric Motor Fuel and Lubricants Local Mileage Special Events Electric Admin. Supplies Maintenance Equipment Life Insurance Fees for Professional Services Admin. Supplies Life Insurance Publications and Subscriptions Life Insurance Training & Development Project Supplies Maintenance of Infrastructure Utility Line Services Motor Vehicle Maint. Life Insurance Telephone Project Supplies Chemicals Fees for Professional Services Electric Life Insurance Electric Maintenance Equipment Life Insurance Development(O01-050-4340-2044) (001-050-7110-1004) (001-050-7110-1130) (001-050-7110-2022) (001-050-7110-2038) (001-050-7110-2046) (001-050-7110-2125) (001-050-7210-2022) (001-050-7210-2030) (001-050-7210-2048) (001-052-1280-1130) (001-052-1280-2010) (001-052-1280-2030) (001-052-3410-1130) (001-052-3410-2040) (001-052-4110-1130) (001-052-4110-2044) (001-052-4110-3005) (001-052-4110-3055) (001-052-4110-7020) (001-052-4110-7025) (001-052-4130-1130) (001-052-4130-2020) (001-052-4130-3005) (001-052-4140-2045) (001-052-4150-2010) (001-052-4150-2022) (001-052-4160-1130) (001-052-4160-2022) (001-052-4160-2048) (001-052-4210-1130) $(3,000.00) ( 135.00) ( 500.00) ( 250.00) 10,529.00) 2,530.00) 550.00) 6,130.00) 3,000.00) 5,363.00) 4,451.00) 1,135.00) 176.00) 1,500.00) 275.00) 244.00) 500.00) 200.00) 200.00) 9,240.00) 11,130.00) 1,318.00) 4,ooo.oo) 104.00) 200.00) 1,939,00) 125.00) (1,409.00) ( 750.00) ( 311.00) (1,000.00) ( 566.00) ( 723.00) ( 500.00) ( 203.00) (2,500.00) (1,000.00) (2,000.00) (6,794.00) ( 724.00) (11,978.00) ( 100.00) ( 400.00) ( 150.00) ( 129.00) ( lOO.OO) ( 75.00) ( 117.00) ( 500.0o) ( 176.00) ( 673.00) ( 570.00) (1,688.00) (1,900.00) (15,000.00) 3,674.00) 10,000.00) 4,450.00) 1,246.00) 6,000.00) 1,000.00) 1,970.00) (5,000.00) (43,395.00) ( 477.00) (9,506.00) (6,000.00) (2,507.00) 159 160 152) 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) 183) 184) 185) 186) 187) 188) 189) 190) 191) 192) 193) 194) 195) 196) 197) 198) 199) 200) 201) 202) 203) 204) 205) 206) 207) 208) 209) 210) 211) 212) 213) 214) 215) 216) 217) 218) 219) Admin. Supplies Expendable Equipment Life Insurance Expendable Equipment Project Supplies Material Control Life Insurance Fees for Professional Services Publications and Subscriptions Management Services Life Insurance Electric Expendable Equipment (001-052-4210-2030) (001-052-4210-2035) (001-052-4220-1130) (001-052-4220-2035) (001-052-4220-3005) (001-052-4220-7010) (001-052-4310-1130) (001-052-4310-2010) (001-052-4310-2040) (001-052-4310-7015) (001-052-4330-1130) (001-052-4330-2022) (001-052-4330-2035) Training Project Supplies Maint. General Fund Maintenance Enterprise Fund Materials Control Life Insurance Temporary Wages Life Insurance Management Services Life Insurance Telephone Life Insurance Life Insurance Electric Housekeeping Supplies Temporary Wages Life Insurance Life Insurance Fees for Professional Services Electric Life Insurance Electric Natural Gas Other Rental Subsidies Life Insurance Telephone Admin. Supplies Publications and Subscriptions Dues & Subscriptions Equipment Rental Life Insurance Advertising Telephone Admin Supplies Life Insurance Advertising Telephone Admin. Supplies Program Supplies Life Insurance Equipment Rental Life Insurance Electric Utilities - Other Expendable Equipment Publications and Subscriptions Dues & Memberships Program Activities Life Insurance Electric Dues & Memberships City Information Systems Temporary Wages Life Insurance & Development(O01-052-4330-2044) (001-052-4330-3005) (001-052-4330-3050) (001-052-4330-3051) (001-052-4330-7010) (001-052-4340-1130) (001-052-8110-1004) (001-052-8110-1130) (001-052-8110-7015) (001-054-1270-1130) (001-054-1270-2020) (001-054-2150-1130) (001-054-3320-1130) (001-054-3320-2022) (001-054-3320-2032) (001-054-3330-1004) (001-054-3330-1130) (001-054-3350-1130) (001-054-3350-2010) (001-054-3350-2022) (001-054-3360-1130) (001-054-3360-2022) (001-054-3360-2024) (001-054-3360-3075) (001-054-5110-3700) (001-054-5311-1130) (001-054-5311-2020) (001-054-5311-2030) (001-054-5311-2040) (001-054-5311-2042) (001-054-5311-3070) (001-054-5313-1130) (001-054-5313-2015) (001-054-5313-2020) (001-054-5313-2030) (001-054-5314-1130) (001-054-5314-2015) (001-054-5314-2020) (001-054-5314-2030) (001-054-5314-2066) (001-054-5316-1130) (001-054-5317-3070) (001-054-5340-1130) (001-054-5340-2022) (001-054-5340-2029) (001-054-5340-2035) (001-054-5340-2040) (001-054-5340-2042) (001-054-5340-2066) (001-054-7310-1130) (001-054-7310-2022) (001-054-7310-2042) (001-054-7310-7005) (001-054-8170-1004) (001-054-8170-1130) $(1,ooo.oo) ( 600.00) ( 743.00) (2,000.00) (8,600.00) ( 750.00) (1,163.00) (15,000.00) ( 300.0O) (2,100.00) (1,524.00) (66,889.00) (3,000.00) (1,ooo.oo) (6,000.00) (lO,OOO.OO) (9,447.00) ( 750.00) (2,371.00) ( 967.00) ( 333.00) (2,500.00) ( 127.00) ( 81.00) ( 68.00) ( 583.00) (2,696.00) (1,ooo.oo) (2,392.00) ( 161.00) ( 296.00) (2,000.00) ( 846.00) ( 273.00) ( 791.00) ( 500.00) (1,200.00) (25,398.00) ( 405.00) ( 170.00) ( 50.00) ( 375.00) ( 200.00) ( 500.00) (2,577.00) ( 250.00) ( 730.00) (1,3oo.oo) (2,375.00) ( 500.00) (4,000.00) (1,3oo.oo) ( 180.00) ( 309.00) ( 300.00) (1,085.00) (4,952.00) ( lOO.OO) ( 500.00) ( 50.00) ( 60.00) ( 200.00) (1,384.00) (8,392.00) ( 9oo.oo) 5,000.00) 220.00) 39.00) 220) 221) 222) 223) 224) 225) 226) 227) 228) 229) 230) 231) 232) 233) 234) 235) 236) 237) 238) 239) 240) 241) 242) 243) 244) 245) 246) 247) 248) 249) 250) 251) 252) 253) 254) 255) 256) 257) 258) 259) 260) 261 ) 262) 263) 264) 265) 266) 267) 268) 269) 270) 271) 272) 273) 274) 275) 276) Training & Subsidies Life Insurance Maintenance Contracts Fees for Professional Services Publications and Subscriptions Dues & Memberships Fees for Professional Services Electric Water and Sewage Admin. Supplies Expendable Equipment Motor Fuels and Lubricants Maintenance Equipment Subsidies Maintenance Contracts Life Insurance Maintenance Contracts Fees for Professional Services Admin. Supplies Expendable Equipment Publications and Subscriptions Dues & Memberships Maintenance Equipment Fees for Professional Services Maintenance Contracts Development(O01-054-8170-2044) (001-054-8210-3700) (001-056-1250-1130) (001-056-1250-2005) (001-056-1250-2010) (001-056-1250-2040) (001-056-1250-2042) (001-056-8140-2010) (001-056-8140-2022) (001-056-8140-2026) (001-056-8140-2030) (001-056-8140-2035) (001-056-8140-2038) (001-056-8140-2048) (001-056-8150-3700) (001-070-2120-2005) (001-072-2110-1130) (001-072-2110-2005) (001-072-2110-2010) (001-072-2110-2030) (001-072-2110-2035) (001-072-2110-2040) (001-072-2110-2042) (001-072-2110-2048) (001-076-2130-2010) (001-078-2131-2005) Training & Public Service Corp. Penalties & Interest Utility Consumer Tax Recordation and Probate Tax Business and Occup. License Transient Room Tax Prepared Food and Beverage Tax Interest on Investments ABC Tax Wine Tax Commonwealth Attorney Sheriff Commissioner of Revenue Treasurer Temp. Emergency Food Assistance Program Street Maintenance City Jail Juvenile Facilities Block Grant Library Law Enforcement Foster Care Public Assistance Admin. & Staff Development City Home Medicaid Payments Retained Earnings Fees for Professional Services Admin. Supplies Expendable Equipment Publications and Subscriptions Trainin9 & Expendable Development(O01-078-2131-2044) (001-020-1234-0140) (001-020-1234-0145) (001-020-1234-0203) (001-020-1234-0214) (001-020-1234-0220) (001-020-1234-0225) (001-020-1234-0250) (001-020-1234-0501) (001-020-1234-0601) (001-020-1234-0602) (001-020-1234-0610) (001-020-1234-0611) (001-020-1234-0612) (001-020-1234-0613) (001-020-1234-0628) (001-020-1234-0650) (001-020-1234-0651) (001-020-1234-0652) (001-020-1234-0656) (001-020-1234-0658) (001-020-1234-0675) (001-020-1234-0676) (001-020-1234-0840) (006-3336) (006-050-1601-2010) (006-050-1601-2030) (006-050-1601-2035) (006-050-1601-2040) Development(O06-050-1601-2044) Equipment (006-050-1613-2035) $( 400.00) (11,629.00) ( 135.00) ( 25.00) ( 200.00) ( 25.00) ( 20.00) ( 232.00) ( 483.00) ( 50.00) ( 100.00) ( 8O0.00) ( 25.00) ( 150.00) (4,089.00) ( 551.00) ( 175.00) ( 500.00) ( 300.00) ( 3oo.oo) ( 300.00) ( 300.00) ( 272.00) ( 100.00) 2,257.00) 132.00) 300.00) 160,000.00 40,000.00 290,000.00 (135,000.00) 100,000.00 (130,000.00) (300,000.00) (65,000.00) 51,193.00 8,165.00 (4,826.00) (29,036.00) (15,104.00) (9,125.00) ( 180.00) (434,079.00) (8,487.00) (42,469.00) (17,722.00) (100,822.00) (196,116.00) (78,977.00) 100,000.00 (74,629.00) (1,000.00) (3,000.00) (3,000.00) (1,000.00) (1,ooo.oo) ( 200.o0) 161 162 277) Motor Fuels and Lubricants (006-050-1613-2038) 278) Training & Development(O06-050-1613-2044) 279) Maintenance Equipment (006-050-1613-2048) 280) Admin. Supplies (006-052-2641-2030) 281) Expendable Equipment (006-052-2641-2035) 282) Training & Development(O06-052-2641-2044) 283) Chemicals (006-052-2641-2045) 284) Equipment Rental/ Lease (006-056-1617-3070) 285) Furniture & Equipment (006-056-1617-9005) 286) Project Supplies 287) CIS General Fund 288) Materials Control - General Fund 289) Management Services General Fund 290) Utility Line Services General Fund 291) Motor Vehicle Maint. General Fund (006-056-2625-3005) (006-020-1234-0952) (006-020-1234-0956) (006-020-1234-0966) (006-020-1234-0977) (006-020-1234-0981) $( 150.00) ( 150.00) (1,000.00) (3,901.00) (2,500.00) (1,ooo.oo) (1,5oo.oo) (18,363.00) 74,629.00 (10,000.00) (9,00o.o0) (1,soo.oo) (18,363.00) (10,000.00) (8,901.00) 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 26th day of November, 1990. No. 30322-112690. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General 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) ............................................... City Manager (3) ............................................. Management & Budget (4) ...................................... Economic Development (5) ..................................... Grants Compliance (6) ........................................ Personnel Lapse (7) ................ City Attorney (8)..]::.: ]::]]..]:]:]]..].:].: .... :]]..]:]..: Director of Finance (9) ...................................... Billings and Collections (10) ................................ Municipal Auditing (11) ...................................... Registrar (12) ............................................... Treasurer (13) ............................................... Commissioner of Revenue (14) ................................. Real Estate Valuation (15) ................................... Sheriff (16) ................................................. Jail (17) .................................................... Commonwealth's Attorney (18) ................................. 222,262.00 277,740.00 483,026.00 314,890.00 312,315.00 53,052.00 (343,163.00) 522,833.00 1,543,808.00 886,627.00 429,805.00 155,421.00 681,050.00 724,605.00 703,163.00 1,339,877.00 4,048,120.00 676,515.00 Clerk of Circuit Court (19) .................................. $ 860,799.00 General Services (20) ........................................ 251,877.00 Director, Administration & Public Safety (21) ................ 110,628.00 Personnel Management (22) .................................... 567,138.00 Risk Management (23) ......................................... 363,661.00 Police-Administration (24) ................................... 241,263.00 Police-Investigation (25) .................................... 2,502,578.00 Police-Patrol (26) ........................................... 5,935,350.00 Police-Services (27) ......................................... 1,401,542.00 Police-Training (28) ......................................... 204,894.00 Fire-Administration (29) ..................................... 286,571.00 Fire-Technical Services (30) ................................. 239,284.00 Fire-Operations (31) ......................................... 8,668,397.00 Fire-Training (32) ........................................... 129,329.00 Emergency Services (33) ...................................... 225,415.00 Emergency Medical Services (34) .............................. 768,194.00 Animal Control (35) .......................................... 251,196.00 Grounds Maintenance (36) ..................................... 2,970,317.00 Parks and Recreation (37) .................................... 1,283,686.00 Director, Public Works (38) .................................. 111,412.00 Building Inspections (39) .................................... 695,281.00 Street Maintenance (40) ...................................... 2,416,027.00 Communications (41) .......................................... 1,513,699.00 Signals and Alarms (42) ...................................... 730,420.00 Refuse Collection (43) ....................................... 4,201,680.00 Custodial Services (44) ...................................... 886,327.00 Engineering (45) ............................................. 1,228,900.00 Building Maintenance (46) .................................... 3,086,970.00 Community Planning (47) ...................................... 356,051.00 Outreach Detention (48) ...................................... 158,383.00 Juvenile Probation House (49) ................................ 345,408.00 Social Services-Income Maintenance (50) ...................... 3,663,969.00 Social Services-Services (51) ................................ 6,057,551.00 Social Services-Employment Services (52) ..................... 570,147.00 Nursing Home (53) ............................................ 1,226,249.00 Libraries (54) ............................................... 1,880,698.00 Community Education (55) ..................................... 43,142.00 Director, Utilities and Operations (56) ...................... 129,825.00 Circuit Court (57) ........................................... 135,833.00 Revenue Commonwealth's Attorney (58) ................................. $ Sheriff (59) ................................................. Commissioner of Revenue (60) ................................. Treasurer (61) ............................................... Jail (62) .................................................... Public Assistance Admin. & Staff Development (63) ............ Employment Services (64) ..................................... 522,151.00 1,116,920.00 228,107.00 268,076.00 3,619,717.00 3,951,598.00 381,453.00 163 Internal Service Fund Appropriations Management Services (65) ..................................... $ Personnel Lapse (66) ......................................... City Information Systems (67) ................................ Materials Control (68) ....................................... Motor Vehicle Maintenance (69) ............................... Utility Line Services (70) ................................... 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) Regular Regular Regular Regul ar Regular Regular Employee Salaries Employee Salaries Employee Salaries Employee Salaries Employee Salaries Employee Salaries Personnel Regular Regular Regular Regular Regular Regular Regular Lapse Employee Salaries Employee Salaries Employee Salaries Employee Salaries Employee Salaries Employee Salaries Employee Salaries (001-001-1110-1002) $( (001-001-1120-1002) ( (001-002-1211-1002) ( (001-002-1212-1002) (001-002-8120-1002) (001-002-8123-1002) (001-002-9410-1090) (001-003-1220-1002) (001-004-1231-1002) (001-004-1232-1002) (001-005-1240-1002) (001-010-1310-1002) (001-020-1234-1002) (001-022-1233-1002) 517.00) 1,660.00) 1,005.00) 13,961.00) 2,321.00 117.00) 206,837.00 3,520.00) 1,286.00) 7,673.00) 674.00 56.00 7,629.00) 7,067.00) 444,188.00 29,112.00) 2,876,544.00 3,051,549.00 1,893,743.00 2,853,332.00 164 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 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) 59) 6o) 61) 62) 63) 64) 65) 66) 67) 68) 69) 70) Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regular Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em )1 oyee ~1 oyee )1 oyee )1 oyee )1 oyee )1 oyee )1 oyee ~1 oyee ~l oyee ~l oyee ~l oyee ~l oyee )l oyee )l oyee )l oyee )l oyee )l oyee )l oyee )l oyee )l oyee )l oyee )l oyee )loyee )l oyee )l oyee )loyee )l oyee )l oyee )l oyee )l oyee ~l oyee )l oyee ~l oyee )l oyee )l oyee ~l oyee )l oyee )l oyee )l oyee )l oyee )l oyee )l oyee Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Regular Em)loyee Salaries Commonwealth's Attorney Sheriff Commissioner of Revenue Treasurer Jail Public Assis. Admin. and Staff Development Employment Services Regular Employee Salaries Personnel Lapse Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-023-1235-1002) (001-024-2140-1002) (001-024-3310-1002) (001-026-2210-1002) (001-028-2111-1002) (001-050-1237-1002) (001-050-1260-1002) (001-050-1261-1002) (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) (001-050-3521-1002) (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) (001-052-4210-1002) (001-052-4220-1002) (001-052-4310-1002) (001-052-4330-1002) (001-052-8110-1002) (001-054-3330-1002) (001-054-3350-1002) (001-054-5313-1002) (001-054-5314-1002) (001-054-5316-1002) {001-054-5340-1002) (001-054-7310-1002) (001-054-8170-1002) (001-056-1250-1002) (001-072-2110-1002) (001-020-1234-0610) (001-020-1234-0611) (001-020-1234-0612) (001-020-1234-0613) (001-020-1234-0651) (001-020-1234-0676) (001-020-1234-0681) (006-002-1617-1002) (006-002-9410-1090) (006-050-1601-1002) (006-050-1613-1002) (006-052-2641-1002) (006-056-2625-1002) $( 676.00) (3,235.00) (17,186.00) (1,503.00) ( 22.00) 1,408.00 ( 592.00) 9,701.00 (8,307.00) 1,822.00 41,810.00 (150,344.00) 72,975.00 19,759.00 737.00 453.00 (14,462.00) 847.00 (1,839.00) (14,599.00) 612.00 { 17,256.00) (10,903.00) ( 311.00) (16,212.00) (22,265.00) (3,830.00) ( 848.00) (20,465.00) (15,314.00) (1,802.00) (9,503.00) ( 53.00) (1,094.00) 3.00 (44,247.00) (7,940.00) (6,675.00) 1,375.00 (6,299.00) 1,838.00 3,578.00 (2,286.00) (1,503.00) (3,235.00) (3,534.00) (3,815.00) (17,185.00) (41,750.00) (6,675.00) ( 396.00) 70,888.00 (9,136.00) (7,682.00) (6,397.00) (47,277.00) BE IT FURTHER ORDAINED that, shall be in effect from its passage. ATTEST: APPR City Clerk an emergency OVED existing, this Ordinance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30323-112690. 165 AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Civic Center 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 1990-91 General and Civic Center Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Non-departmental $12,607,645.00 Transfers to Other Funds (1) .................................. 10,700,506.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ........................... $ 1,211,772.00 Civic Center Fund Appropriations Capital Outlay from Revenue $ 1,161,991.00 Auditorium Interior Renovations (3) ........................... 260,000.00 Revenue Non-operating Revenue $ Operating Supplement - General Fund (4) ....................... 960,120.00 902,620.00 1) Transfer to Civic Center (001-004-9310-9505) 2) CMERP - City (001-3323) 3) Approp. from General Revenue(O05-050-8632-9003) 4) Operating Supplement - General Fund (005-020-1234-0951) $ 260,000.00 (260,000.00) 260,000.00 260,000.00 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 26th day of November, 1990. No. 30324-112690. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated, for construction of interior renovations of the Civic Center Auditorium, 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. 166 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Construction Services of Roanoke, Incorporated, made to the City in the total amount of 233,200.00 for construction of interior renova- tions of the Civic Center Auditorium such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30325-112690. A RESOLUTION declaring certain City-owned property located on Westport Avenue, S. W. and bearing Official Tax No. 1310901 to be surplus and authorizing the advertisement of such property for sale to the general public. BE IT RESOLVED by the Council of the City of Roanoke that City-owned property located on Westport Avenue, S. W., bearing the Official Tax No. 1310901, is hereby determined to be surplus to the City's needs and the City Administration is authorized to advertise such property for sale to the general public, such advertisement to contain a provision for any sale to be by quit claim deed and subject to final approval by this Council, and such other terms and conditions deemed necessary as more particularly set forth in the report to this Council dated November 26, 1990. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of November, 1990. No. 30326-112690. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1991 Session of the General Assembly. WHEREAS, the members of the 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 respon- sible for improving the efficiency of local government and the quality of life of 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 1991 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 the City Attorney's report, dated October 8, 1990, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 1991 Session of the General Assembly. 2. The City Clerk is directed to issue cordial invitations to the City's Senator and delegates to the 1991 Session of the General Assembly to attemd Council's Special Meeting relating to legislative matters, the date and time of such meeting to be established. ATTEST: City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of November, 1990. No. 30327-112690. AN ORDINANCE authorizing execution of an Agreement and Lease Agreement with the City of Roanoke Redevelopment and Housing Authority (RRHA) for the construction and lease of a parking garage at 25 Church Avenue, S. E.; authorizing the proper City officials to execute the Agreement and the Lease Agreement on behalf of the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Agreement between the City and RRHA providing for the construc- tion of a parking garage at 25 Church Avenue, S. E., funded in part by CDBG Program income and three years of the RRHA's payment in lieu of taxes, boand the Lease Agreement relating to lease by the City of the parking garage, both in substantially the form attached to the City Manager's report to Council dated November 26, 1990, are 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, the Agreement and the Lease Agreement between the City of Roanoke and RRHA relating to construction and lease of the parking garage at 25 Church Avenue, S. E., which documents shall be approved as to form by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of December, 1990. No. 30313-121090. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by adding a new Article I, Prohibition Against Discrimination by Clubs or Organizations Which Are Not Distinctly Private, to Chapter 16, Housing; redesignating Chapter 16, Housing, as Chapter 16, Human Rights; and providing for an effective date. WHEREAS, the City of Roanoke has a compelling interest in providing all persons, regardless of race, color, national origin, creed, religion or sex, an equal opportunity to participate in the business and professional life of the City; and WHEREAS, although federal laws have been enacted to eliminate discrimination in employment, women and minority persons unfortunately have not yet attained equal opportunity in business and professions because, in part, of the discriminatory practices of certain membership organizations where business decisions are often shaped and where personal contacts valuable for business purposes, employment and professional advancement are formed; and WHEREAS, while such organizations may avowedly be organized for social, cultural, civic, or educational purposes, and while many perform valuable ser- vices to the community, the commercial nature of some of the activities occurring therein and the prejudicial impact of these activities on business, professional and employment opportunities of minorities and women cannot be ignored; and WHEREAS, the City's interest in eliminating discriminatory practices by institutions, clubs or organizations covered by this article outweighs the interest of their members in private association; and WHEREAS, it is not this Council's purpose to dictate the manner in which private institutions, clubs or organizations conduct their activities or select their members, except insofar as is necessary to ensure that such organi- zations do not automatically exclude persons from consideration for membership or enjoyment of accommodations and facilities and the advantages and privileges of membership on account of invidious discrimination, nor is it this Council's purpose to interfere in activities of or subject operations of such organiza- tions to scrutiny beyond what is necessary in good faith to eliminate such invi- dious discrimination; and WHEREAS, it has been recognized that any institution, club or place of accommodation, which has more than 200 members, provides regular meal service and regularly receives payment for dues, fees, use of space, facilities, ser- vices, meals or beverages, directly or indirectly, from or on behalf of nonmem- bers for the furtherance of trade or business, are not distinctly private in their nature; THEREFORE, 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 new Article I, Prohibition Against Discrimination by Clubs or Organizations Which Are Not Distinctly Private, to Chapter 16, Housing, to read and provide as follows: ARTICLE I PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE Sec. 16-1. Definitions. (a) "Furtherance of trade or business" as used in this article shall mean payment made by or on behalf of a trade or business organization; payment made by an indi- vidual from an account which the individual uses pri- marily for trade or business purposes; payment made by an individual who is reimbursed for the payment by the individual's employer or by a trade or business organi- zation; or other payment made in connection with an individual's trade or business, including entertaining clients or business associates, holding meetings or other business-related events. (b) "Regularly accepts payment" as used in this article shall mean accepting as many payments during the course of a year as the number of weeks any part of which any institution, club, organization or place of accom modation is available for use by members or nonmembers per year; the payments may be for dues, fees, use of space, facilities, services, meals or beverages. Sec. 16-2. Prohibition against discrimination. Any institution, club, organization or place of accom- modation which (1) has more than 200 members, {2) provides regular meal service and (3) regularly accepts payment for dues, fees, use of space, facilities, services, meals or beverages, directly or indirectly, from or on behalf of non- members for the furtherance of trade or business shall be considered a place of public accommodation for purposes of this article, and shall not discriminate on account of race, color, national origin, creed, religion, or sex, in deter- mining its membership, or in providing full enjoyment of its accommodations, facilities and services. Sec. 16-3. Exceptions. The provisions of this article shall not apply to an institution or corporation organized and operated exclusively for religious purposes as defined in 26 U.S.C. §501(c){3); nor shall this article apply to lodges or other fraternal and benevolent orders or associations organized for the benefit of members therein and their beneficiaries and not for pro- fit. Sec. 16-4. Enforcement and penalties. (a) Civil Action. Any person may enforce the provisions of this article by means of a civil action. The City may also enforce the provisions of this article by means of a civil action. (b) Injunctions. (1) Any person who commits an act, or proposes to com- mit an act, or engages in any pattern and practice of discrimination in violation of this article may be enjoined therefrom by any court of competent jurisdiction. {2) Action for injunctions under this subsection may be brought by any aggrieved person, by the City, or by any person or entity who will fairly and adequately represent the interest of the protected class. (c) Criminal Penalty. Any person violating any of the pro- visions of this article shall, upon conviction, be guilty of a Class 3 misdemeanor. (d) Non-exclusive remedies and penalties. Nothing in this article shall preclude any person from seeking any other remedies, penalties or procedures provided by law. 2. Chapter 16, Housing, Code of the City of Roanoke (1979), as amended, is hereby redesignated and retitled as Chapter 16, Human Rights. 3. Article III, Fair Housing, of current Chapter 16, Housing, shall be continued without amendment as Article III, Fair Housing, of new Chapter 16, Human Rights. 1,67B I67'C March 31, 1991. This ordinance shall be in full force and effect on and after APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of December, 1990. No. 30332-121090. A RESOLUTION authorizing the execution of an agreement with Smithey & Boynton, P.C. to provide certain architectural and engineering services, speci- fically the disign and specifications for the U.S. 460 East Fire Station. 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, anz~agreement with Smithey & Boynton, P.C. for the provision by such firm of architectural and engineering services for the design and specifi- cations for the U.S. 460 East Fire Station, in substantially the form attached to the City Manager's report to this Council, dated December 10, 1990, 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 $59,000.00. ATTEST: ~_~~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of December, 1990. No. 30333-121090. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $13,780,792.00 Social Services - Services (1) ................................ 149,064.00 Revenue Grants-in-Aid Commonwealth $38,574,463.00 Welfare (2) ................................................... 8,683,226.00 1) Purchased Services (001-054-5314-3160) $14,014.00 2) Purchased Services (001-020-1234-0683) 14,014.00 167D 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 lOth Day of December, 1990. No. 30334-121090. A RESOLUTION accepting the bid of International Business Machine Corporation to provide a Disaster Recovery Plan for the City's computer facili- ties; authorizing the proper City officials to execute the requisite contract for such work; and rejecting other bids for such plan. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of International Business Machine Corporation made to the City in the total amount of $16,000.00 for providing a Disaster Recovery Plan for the City's computer facilities, such bid being in full compliance with the City's plans and specifications made therefor, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized, on behalf of the City, to execute the requisite contract with the successful bidder, based upon its proposal 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 afore-said project 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of December, 1990. No. 30335-121090. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations City Information Systems $2,896,464.00 Capital Outlay (1) ............................................ 1,071,638.00 Retained Earnings Retained Earnings - Unrestricted (2) .......................... $2,249,416.00 1) Other Equipment 2) Retained Earnings - Unrestricted (006-050-1601-9015) (006-3336) $ 28,920.00 (28,920.00) 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 lOth Day of December, 1990. No. 30336-121090. A RESOLUTION accepting the bid of International Business Machine Corporation to provide a MVS/XA Security Software System and rejecting other bids for such system. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of International Business Machine Corporation made to the City in the total amount of $31,440.00 for providing a MVS/XA Security Software System, such bid being in full compliance with the City's plans and specifica- tions made therefor, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order for the above-mentioned procure- ment, such purchase order to be made and filled in accordance with the City's specifications, the bid made therefor and in accordance with this Resolution. 3. Any and all other bids made to the City for the afore-said project 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. ATTEST: ~O.~.~c C~ity C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of December, 1990. No. 30337-121090. A RESOLUTION authorizing the City to enter into certain contracts for real estate acquisition management services 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, appropriate contracts with John Bowman and luther Nicar to provide real estate acquisition management serfices in connec- tion with the Roanoke River Flood Reduction Project, the Peters Creek Flood Reduction Project, and the Second Street Gainsboro Road Street Improvement Project on an as needed basis in the sole and exclusive discretion of the City on an hourlyn basis subject to a maximum of $67,000.00 for Mr. Bowmen and 168 $33,000.00 to mr. Nicar, and upon such other terms and contitions as are deemed to be in the best interest of the City, as more particularly set forth in the report to this Council dated December 10, 1990. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of December, 1990. No. 30339-121090. A RESOLUTION cancelling the regularly scheduled meeting of City Council to be held on December 24, 1990. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The regular meeting of City Council scheduled to commence at 2:00 p.m. on December 24, 1990, is hereby CANCELLED. 2. The City Clerk is directed to give appropriate notice of such can- cellation to the news media and the general public. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30328-121790. AN ORDINANCE permanently, vacating, discontinuing and closing a cer- tain public right-of-way in the City of Roanoke, Virginia, pursuant to Section 15.1-482(b) of the Code of Virginia (1950), as amended, as is more particularly described hereinafter. WHEREAS, Linda Barrechia 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 §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on December 10, 1990, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A certain undeveloped section of Strand Road, from its intersection with Byrd Avenue, N. E., to its intersection with Plantation Road, N. E., but less that area designated by the 1995 Thoroughfare Plan for future street widening along Plantation Road, N. E., 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-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 ~ight-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 City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT 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 Linda Barrechia and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that the closure of the above-described right- of-way is conditioned upon the applicant's providing to the City a f~nal sub- division plat for review, approval and recordation, dividing thereon the land within the vacated alley in accordance with established title; and, in the event these conditions have not been met 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. 169 ATTEST: City C1 erk APPROVED Mayor 170 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30329-121790. 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, Southern Classic Soft Cloth Auto Wash, Inc. 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 §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on December 10, 1990, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An certain lO-foot alley beginning at a point marked by the north boundary line of the lots bearing Official Tax Nos. 3042121 and 3042141, running in a semi-circle to a point marked by the north boundary line (extended) of the lot bearing Official Tax No. 3042129, and passing in its course the rear boundaries of the lots bearing Official Tax Nos. 3042121, 3042122, 3042123, 3042124, 3042125, 3042126, 3042127, 3042128 and 3042129. 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 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 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 Southern Classic Soft Cloth Auto Wash, Inc., and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that the closure of the above-described right- of-way is conditioned upon the applicant's providing to the City a final sub- division plat for review, approval and recordation, dividing thereon the land within the vacated alley in accordance with established title or by mutual agreement of the abutting property owners; and, in the event these conditions have not been met 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. 171 ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30330-121790. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone Map, City of Roanoke, by designating certain property within the City with an H-l, Historic District Overlay. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property zoned with an H-l, Historic District Overlay; 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 on said application by the City Council at its meeting on December 10, 1990, at 7:30 p.m., 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 zoning; 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 zoned with an H-l, Historic District Overlay 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. 101 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a tract of land located at 107 South Jefferson Street, designated on Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1011125, be and is hereby zoned with an H-l, 172 Historic District Overlay, said property currently zoned C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on October 17, 1990, and that Sheet No. 101 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: k~~ ~ ~Clty C~i~r APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30331-121790. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 213, 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-1, Residential Multifamily, Low Density District to C-2, General Commercial 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 §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 petition at its meeting on December 10, 1990, 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 pro- vided. 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. 213 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a tract of land lying at 1017 Syracuse Avenue, N. W., designated on Sheet No. 213 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2130520 be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed in the Office of the City Clerk on November 2, 1990, and that Sheet No. 213 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: APPROVED City Clerk 173 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30338-121790. AN ORDINANCE extending the franchise of Cox Cable Roanoke, Inc. to operate a cable television system in the City for a period of 60 days. BE IT ORDAINED by the Council of the City of Roanoke that in order to permit Cox Cable Roanoke, Inc. to continue to operate a cable television franchise within the territorial limits of the City of Roanoke, after December 31, 1990, the franchise of Cox Cable Roanoke, Inc. for the operation of a cable television system within the City of Roanoke, Virginia, is hereby extended for a period of sixty (60) days beginning at 12:00 midnight, on December 31, 1990, under the same terms and conditions as contained in the existing franchise agreement between Cox Cable Roanoke, Inc. and the City of Roanoke, dated January 20, 1975, as amended. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30340-121790. A RESOLUTION approving the issuance of bonds of the City of Roanoke Redevelopment and Housing Authority (the "Authority") for the benefit of United Dominion Realty Trust, Inc., a Virginia corporation (the "Developer"), to the extent required 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 multi-family housing revenue bonds in an amount not to exceed $6,000,000 {the "Bonds") to assist the Developer in the acquisition and rehabilitation of an approximately 212 unit multi-family resi- dential rental project known as Hilliard Road Apartments located at 2812 Hilliard Road in Henrico County, Virginia {the "Project"), and has held a public hearing thereon on November 26, 1990; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), and the Council of the City of Roanoke, Virginia (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, a copy of the Authority's resolutions approving the issuance of the Bonds, subject to terms to be agreed upon, and recommending that the Council approve issuance of the Bonds, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been filed with the Council; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AS FOLLOWS: 1. The Council hereby approved the issuance of the Bonds by the City of Roanoke Redevelopment and Housing Authority for the benefit of the Developer to the extent 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 Project. 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 or the creditworthiness of the Developer of the financial viability of the Project. The Bonds shall provide that neither 174 the City, the Authority nor the Commonwealth of Virginia 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 of Virginia, the City nor the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30341-121790. A RESOLUTION authorizing the City Manager to apply to Botetourt County for all necessary permits and approvals to allow the construction of a new Sanctuary facility on the Coyner Springs property. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to apply, on behalf of the City, to Botetourt County for all permits and approvals which may be required to allow construction of a new Sanctuary facility on the Coyner Springs property owned by the City and located in Botetourt County. The City Manager is further authorized to take any other action required by Botetourt County to obtain such permits and approvals. ATTEST City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30342-121790. A RESOLUTION authorizing the City Manager or his designee to execute, on behalf of the City of Roanoke, Amendment No. 2 to the Grant Agreement with Mental Health Services of the Roanoke Valley, dated January 16, 1990. 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 to execute and attest, respectively, on behalf of the City of Roanoke, upon form approved by the City Attorney, Amendment No. 2 to the Grant Agreement with Mental Health Services of the Roanoke Valley, said Grant Agreement being dated January 16, 1990, and being authorized by Resolution No. 29909-1890, adopted January 8, 1990, for renovation of the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W., all of which is more particularly set forth in the City Manager's report dated December 17, 1990. ATTEST: City Clerk APPROVED Mayor 175 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30343-121790. AN ORDINANCE authorizing the City Manager or his designee to execute an agreement with the Norfolk and Western Railway Company providing for the raising and repair of the First Street Bridge, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or his designee and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City of Roanoke, upon form approved by the City Attorney, an agreement with the Norfolk and Western Railway Company (Railroad) providing for the raising and repair of the First Street Bridge (Bridge), the cost of such work to be borne solely by said Railroad, providing for a new maintenance arrangement in which the City will be responsible for 100% of future maintenance costs of Bridge, said agreement to incorporate the terms and conditions as more particularly set forth in the City Manager's report to this Council dated December 17, 1990. 2. The City Manager or his designee and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City of Roanoke, upon form approved by the City Attorney, documents necessary to vest title to the Bridge upon completion of the raising and repair of the Bridge. 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 17th Day of December, 1990. No. 30344-121790. A RESOLUTION providing for the purchase of portable basketball backstops at the Roanoke Civic Center, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment and rejecting other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Sorensen-Christian Industries, Inc., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, portable basketball backstops at the Roanoke Civic Center for the sum of $18,910.61 is hereby ACCEPTED. 2. The City's Manager of General Services is 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 ordinance. 176 3. The other bids made to the City for the supply of such equipment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30346-121790. AN ORDINANCE authorizing acquisition of certain real property for widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W. to Salem Avenue, S. W.; authorizing the City Manager to take appropriate action for purchase of this property; authorizing the City's acquisition of this property by condemnation, under certain circumstances; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W. to Salem Avenue, S. W., the City wants and needs fee simple title, with appurtenant rights, to the properties as set forth in the report to this Council dated December 17, 1990, copies of which are on file in the Office of the City Clerk, and are incorporated by reference as a part of this ordinance. The proper City officials are authorized to acquire this land for the City for the amount of the final appraised value, the amount negotiated by the City administration and the landowner, the exchange of similar City-owned property, or the amount of any condemnation award. 2. A public necessity and use exists for the acquisition of said pro- perty and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is authorized to contract with said landowners on behalf of the City for purchase of such properties for amounts or property exchanges deemed appropriate. Upon acceptance of any offer and upon delivery to the City of a deed, approved as to form by the City Attorney, the Mayor and City Clerk are authorized to execute and attest, respectively, any appropriate deed of exchange and the Director of Finance is directed to pay the agreed upon amount to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the owners of any real estate to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owner be a person under disability lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney, as well as the City Manager, Mayor, Director of Finance and other appropriate City officials shall be authorized and directed to take any and all action necessary in connection with condemnation or legal pro- ceedings to acquire for the City the appropriate real estate under Article 7, Section 33.1-89, et seq, of Chapter I of Title 33.1, of the Code of Virginia (1950), as amende~, and Chapter 1.1, Section 25-46.1, et seq, of Title 25 of the Code of Virginia (1950), as amended, including, with~t limitation, issuance, execution, and recordation of an appropriate certificate and accompanying docu- mentation pursuant to §33.1-119, et seq, Code of Virginia (1950), as amended, vesting title to the subject proper~y immediately in the City, and the Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such pro- ceedings. 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. 177 APPROVED ATTEST: _~,,~..~,____ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30347-121790. A RESOLUTION providing for all phases of right-of-way acquisition for the widening and realignment of Second Street/ Gainsboro Road to be conducted in accordance with approved procedures of the Virginia Department of Transportation. WHEREAS, the Virginia Department of Transportation and the City of Roanoke propose to construct the widening and realignment of Second Street Gainsboro Road within the corporate limits of Roanoke, between Salem Avenue and Orange Avenue and has previously prepared and submitted to the City Council plans for the same, designated as State Project U000-128-116, RW201, which are to be approved for right of way by the Commonwealth Transpor-tation Board; and WHEREAS, it is the opinion of the City Council that the said construc- tion or other improvements will be of immediate and continuing benefit and advantage to the City. NOW, THEREFORE, BE IT RESOLVED, that the City of Roanoke, through its City Council, hereby agrees that it will perform all phases of the right of way acquisition program in regards to relocation advisory assistance with the assistance of the Roanoke Redevelopment and Housing Authority in accordance with approved policies and procedures of the State. Sufficient records of all tran- sactions will be kept for a period of not less than three years after payment of the final voucher or that they be turned over to the Virginia Department of Transportation. Such records shall be made available to State Representatives. The City understands that where any payment or costs are made that do not con- form to policies and procedures, that the State will not participate in this cost. BE IT FURTHER RESOLVED THAT the City further agrees to save the Commonwealth of Virginia, its officials and its employees, harmless from any and all claims for damages of whatsoever nature that may arise from the owners, tenants or lessees of adjoining or nearby lands, as a result of the offering of relocation advisory assistance. APPROVED ATTEST: City Clerk 178 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30348-121790. AN ORDINANCE amending and reordaining §28-28, Exemptions, of the Code of the City of Roanoke (1979), as amended, to include an exemption from the requirement of obtaining a solicitation permit for any person holding a valid raffle permit; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 28-28, Exemptions, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §28-28. Exemptions. (a) The following persons shall be exempt from the require- ment of obtaining a solicitation permit, but shall otherwise be subject to the provisions of this article: (8) Organizations which hold a valid raffle permit obtained pursuant to section 21-67, to the extent of the conduct of any raffles covered by such permit only and for no other pur- pose. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30349-121790. AN ORDINANCE amending and reordaining subsection (1) of §21-73, Prohibited practices, of the Code of the City of Roanoke (1979), as amended, to provide for the employment of persons by organizations composed exclusively of and for deaf or blind persons as clerical assistants in the conduct of bingo games or raffles only for such organizations; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (1) of §21-73, Prohibited practices, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §21-73. Prohibited practices. (1) Except for persons employed as clerical assistants by organizations composed exclusively of and for deaf or blind persons, no organization shall enter into a contract with or otherwise employ for compensation any person, firm, asso- ciation, organization, partnership or corporation of any classification whatsoever for the purpose of organizing, managing or conducting bingo games or raffles. Persons employed by organizations composed exclusively of and for deaf or blind persons may receive remuneration not to exceed thirty dollars per event for providing clerical assistance in the conduct of bingo games or raffles only for such organiza- tions. Any organization composed exclusively of and for deaf or blind persons that employs a person not a member to pro- vide clerical assistance in the conduct of bingo games or raffles shall have in force fidelity insurance written by an insurer licensed to do business in the Commonwealth of Virginia. However, this subsection shall not prohibit the joint operation of bingo games under §21-77. 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. 179 APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30350-121790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay from Revenue $1,184,094.00 New Toilet Floors - Coliseum (1) ............................. 22,100.00 Retained Earnings Retained Earnings - Unrestricted {2) ......................... $1,751,386.00 1) Approp. from General Revenue (005-050-8634-9003) 2) Retained Earnings- Unrestricted (005-3336) $ 22,100.00 (22,100.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk 180 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30351-121790. AN ORDINANCE accepting the bid of Marsteller Corporation for construc- tion of eight (8) new restroom floors in the Civic Center Coliseum, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Marsteller Corporation made to the City in the total amount of $20,097.00 for construction of eight (8) new restroom floors in the Civic Center Coliseum 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. In order to provide for 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30352-121790. AN ORDINANCE accepting the bid of W E L Enterprises, Inc., for removal and disposal of seven underground petroleum product tanks at the Old Valley Metro Garage, upon certain terms and conditions, and awarding a contract there- for; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of W E L Enterprises, Inc., in the total amount of $17,493.00, for removal and disposal of seven underground petroleum product tanks at the Old Valley Metro Garage, Twelfth Street at Campbell Avenue, S. E., as more particularly set forth in the December 17, 1990 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. 181 ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30345-10791. AN ORDINANCE granting to Junior Achievement of Southwest Virginia, 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, Junior Achievement of Southwest Virginia, 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 of Laurie E. McMahon, President, dated August 24, 1990; and WHEREAS, Council is desirous of 9ranting 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 per- mittee's request being more particularly described in the letter dated August 24, 1990, from Laurie E. McMahon, President, Junior Achievement of Southwest Virginia, 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 on to City property or City facilities for installation or mounting of the flags. 6. The permit granted by this Ordinance shall expire, by its own terms, without notice, at midni9ht on February 25, 1991. 182 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 Junior Achievement of Southwest Virginia, Inc., has been filed in the Office of the City Clerk. ATTEST: p~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30353-10791. AN ORDINANCE providing for the sale and conveyance of a parcel of surplus City-owned property located at 306 Sixth Street, S. W. and bearing Official Tax No. 1112502. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of W. R. Sowers trading as S & R Towing and Repair Service to purchase a parcel of surplus City-owned property located at 306 Sixth Street, S. W. and bearing Official Tax No. 1112502, for the consideration of $18,000.00, said conveyance to be by quitclaim deed and to be subject to reser- vation by the City of Roanoke of easements for any sewer lines, water lines, or other public utilities that may now be located in or across said property and any and all other recorded restrictions, conditions and easements affecting the title of said property, be and said offer is hereby ACCEPTED; 2. The Mayor and City Clerk are hereby authorized to execute and attest respectfully the City's quitclaim deed of conveyance to the said property to W. R. Sowers trading as S & R Towing and Repair Service, said deed to be in form approved by the City Attorney and thereafter the City Attorney is authorized to tender to W. R. Sowers or his authorized representative the City's deed in the premises upon payment of aforesaid amount. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30354-10791. A RESOLUTION requesting the 1991 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 January 7, 1991, at 2:00 p.m., in the Council Chamber in the Municipal Building, after due and proper publication of the notice of public hearing pursuant to §15.1-835, Code of Virginia (1950), as amended, which notice contained inter alia, an infor- mative summary of the proposed amendments to the Roano--~-k-~--C~er of 1952 hereinafter referred to, a public hearing with respect to such proposed amend- ments was held before the City Council at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of such public hearing and upon consideration of the proposed amendments to such Charter, the Council is of opinion that the 1991 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 1991 Session to amend the Roanoke Charter of 1952, as amended, by amending subsection (32) of §2, Powers of the City, to read and provide as follows: {32) To make and enforce all ordinances, rules and regula- tions necessary or expedient for the purpose of carrying into effect the powers conferred by this charter or by any general law, and to provide and impose suitable penalties for the violation of such ordinances, rules and regulations, or any of them, by fine not exceeding one thousand two thousand five hundred dollars or imprisonment not exceeding twelve months, or botts,. ~The city may maintain a suit to restrain by injuncti~- th~- violation of any ordinance notwithstanding such ordinance may provide punishment for its violation. The enumeration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein implied thereby, or appropriate to the exercise thereof, the said city shall have and may exercise all other powers which are now or may hereafter be possessed or enjoyed by cities under the Constitution and general laws of this state. 2. The City Clerk is directed to forthwith, as provided by §15.1-834, Code of Virginia (1950, as amended, transmit to each of the members of the General Assembly of Virginia representing the City of Roanoke at the 1991 Session of the said General Assembly two copies of this resolution setting forth the requested amendments to the Roanoke Charter of 1952, as amended, to be put into the form of a bill to be introduced at the 1991 Session of the General Assembly. 183 ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30355-10791 AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Education $66,131,601.00 Instruction (1) .............................................. 48,716,963.00 Revenue Charges for Services $ 6,997,691.00 Education (2) ................................................ 2 405 845 O0 184 Grant Fund Appropriations Education F1 Th ough 1990 91 (3 6) $17 017,921.00 ow r - - · .......................... '734 768 O0 Child Development Clinic (7-9) ............................... 53,182.00 Child Specialty Services (10-12) ............................. 66,231.00 Preschool Incentive Program (13-17) .......................... 64,743.00 Revenue Education $17,017,921.00 Flow Through 1990-91 (18-19) ................................. 734,768.00 Child Development Clinic (20) ................................ 53,182.00 Child Specialty Services (21) ................................ 66,231.00 Preschool Incentive Program (22) ............................. 64,743.00 1) Special Education Tuition (001-060-6001-6329-0312) 2) Special Education Tuition (001-060-6000-0807) 3) Teachers (035-060-6583-6453-0121) 4) Contracted Health Services 5) Service Contracts 6) Supplies 7) Travel 8) Instructional Supplies 9) Equipment 10) Travel 11) Instructional Supplies 12) Equipment 13) Diagnostic Services 14) In-Service 15) Social Security 16) Instructional Supplies 17) Instructional Equipment 18) State Grant Receipts 19) Federal Grant Receipts 20) State Grant Receipts 21) State Grant Receipts 22) Federal Grant Receipts (035-060-6583-6553-0311) (035-060-6583-6553-0332) (035-060-6583-6553-0614) (035-060-6584-6554-0551) (035-060-6584-6554-0614) (035-060-6584-6554-0821) (035-060-6585-6554-0551) (035-060-6585-6554-0614) (035-060-6585-6554-0821) (035-060-6589-6553-0311) (035-060-6589-6553-0129) (035-060-6589-6553-0201) (035-060-6589-6553-0614) (035-060-6589-6553-0821) (035-060-6583-1100) (035-060-6583-1102) (035-060-6584-1100) (035-060-6585-1100) (035-060-6589-1102) $ 296,720.00 296,720.00 (13,635.00) 25,425.00 700.00 3,100.00 ( 300.00) ( 150.00) 500.00 ( 300.00) ( 150.00) 500.00 12,679.00 2,000.00 970.00 29,463.00 19,631.00 (20,328.00) 35,918.00 50.00 50.00 64,743.00 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 7th Day of January, 1991. No. 30356-10791. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $13,675,439.00 State and Local Hospitalization (1) .......................... 20,934.00 Health Department (2) ........................................ 1,038,441.00 185 1) Fees for Professional Services 2) Subsidies 3) School Health Nurse (001-054-5330-2010) (001-054-5110-3700) (001-054-5110-2017) $(19,286.00) (2,731.00) 22,017.00 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 7th Day of January, 1991. No. 30357-10791. AN ORDINANCE authorizing the execution of Amendment No. 3 to Short Term CDBG Float Loan Agreement, as amended by Amendment Nos. i and 2, 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 refi- nancing 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 of market leasing; WHEREAS, by Ordinance Nos. 29824-111389 and 30311-111990, adopted November 13, 1989, and November 19, 1990, respectively, City Council authorized the execution of Amendment Nos. I and 2 to the Agreement, such amendments pro- viding for one year and sixty (60) day extensions of the short term CDBG float loan; and WHEREAS, the Note securing Amendment No. 2 becomes due and payable on January 21, 1991, and Downtown Associates has requested a sixty (60) day exten- sion of the loan upon certain terms and conditions to allow more time for deve- loping 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. 3 to the Short Term CDBG Float Loan Agreement, dated November 5, 1987, as amended, which Agreement provided for the loan of $962,000 in Community Development Block Grant funds to Downtown Associates, with interest at the rate of three percent (3%) per annum, payable in arrears, as amended; such Amendment No. 3 to be in the form as is attached to the report of the City Manager dated January 7, 1991, and to be subject to the terms and conditions therein; such Amendment No. 3 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. ATTEST: p~_~.~ City Clerk APPROVED Mayor 186 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30358-10791. A RESOLUTION cancelling the contract with Johnston-Vest Electric Corporation for replacement of two (2) 30-ton air conditioning units and air handlers at the National Guard Armory, and authorizing the readvertising of the project. 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 January 7, 1991, the contract with Johnston-Vest Electric Corporation in the amount of $30,362.00 for the replace- ment of two (2) 30-ton air conditioning units and air handlers at the National Guard Armory is hereby CANCELLED. 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, respec- tively, any documents which may be necessary to effectuate the cancellation of this contract, such documents to be in such form as approved by the City Attorney. 3. The City Manager is hereby authorized to review the plans and spe- cifications for this project and make the necessary revisions thereto in order to readvertise this project. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30359-10791 AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government $6,140,944.00 RCIT Addition - Property (1) ................................. 3,621,500.00 Revenue Account Receivable - Elizabeth Arden - Option (2) ............ $ -0- 1) Appropriations from General Revenue 2) Accounts Receivable - Elizabeth Arden (008-052-9629-9003) (008-1249) $ 681,500.00 (681,500.00) 187 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~~.= City C1 erk APPROVED ~7/~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30360-10791. A RESOLUTION authorizing the reimbursement to Arden Associates, L.P., of a portion of the purchase price paid by Arden Associates, L.P., for Parcel 4 in the Roanoke Centre for Industry and Technology. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to reimburse Arden Associates, L.P., $25,000.00 of the purchase price paid by Arden Associates, L.P., for Parcel 4 in the Roanoke Centre for Industry and Technology, in accor- dance with the recommendation contained in the report of the City Manager, dated January 7, 1991. 2. The City Manager is also authorized to execute any documents in such form as approved by the City Attorney which may be necessary to effectuate the purposes of this resolution. APPROVED '~~~,ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30361-10791. A RESOLUTION providing for lease of a new 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 vehicle. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Dominion Car LTD offering to lease to the City for use by the Sheriff's Department one new window van at a monthly rental rate of $456.18, for a term of 48 months, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue any required purchase order for the lease of such vehicle, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required lease agreement with respect to the afore- said vehicle, any such agreement to be in such form as shall be approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor 188 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30362-10791. A RESOLUTION accepting the bid of Delta Graphics, Inc. made to the City for furnishing and delivering 1,000 folding chairs for use at the Roanoke Civic Center; 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 Delta Graphics, Inc., made to the City, offering to supply 1000 folding chairs for use at the Roanoke Civic Center meeting all of the City's specifications and requirements therefor, for the total bid price of $32,750.00, 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 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 procure- ment 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 C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30363-10791. AN ORDINANCE amending and reordaining §21-18-1, Solicitation for for- nication, sodomy or adultery, Code of the City of Roanoke (1979), as amended, to require that the Crime of solicitation include discussion of price or other valuable consideration and a requirement that any solicitation shall occur in a place open to the public; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 21-18.1, Solicitation for fornication, sodomy or adultery, Code of the City of Roanoke (1979), as amended, is amended and reordained as fol 1 ows: §21-18.1. Solicitation for fornication, sodomy or adultery. (a) Any person shall be guilty of a Class 1 misdemeanor who: (1) in any place open to the public, for money or other valuable consideration, solicits, invi- tes, urges, entreats or otherwise attempts to persuade another person, not his or her spouse, to commit fornication as defined by §18.2-344, Code of Virginia {1950), as amended {"State Code"), sodomy as defined by §18.2-361 of the State Code or adultery as defined by §18.2-365 of the State Code; or (2) in any place open to the public, bargains with or negotiates with another person, not his or her spouse, as to the price or other valuable consideration required for commission by such person of fornication as defined by §18.2-344 of the State Code, sodomy as defined by §18.2-361 of the State Code or adultery as defined by §18.2-365 of the State Code. (b) Other than those acts enumerated in subsection (a) above, no additional act shall be required to constitute the crime defined by subsection {a). {c) In the prosecution of any offense under this sec- tion, a court shall consider any evidence defining slang expressions, codes or other words used to describe fornication, sodomy or adultery, the price therefor or the method of payment relating thereto. 2. In order to provide for the usual daily operation of the munici- pal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. 189 ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30364-10791. A RESOLUTION accepting the bid of Ticketron, Limited Partnership made to the City for computerized ticketing services for the Roanoke Civic Center 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 Ticketron, Limited Partnership made to the City offering to provide computerized ticketing services for the Roanoke Civic Center meeting all of the City's specifications and requirements therefore at a charge of $.07 dollars per ticket for box office, $.0 for remote, and 2% of gross for telephone sales which bid is on file in the Office of the City Clerk and is more particulary set forth in the report to this Council dated January 7, 1991, 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 with Ticketron, Limited Partnership, such contract to include such other terms and conditions as may be deemed to be in the City's best interest. 3. Any and all other bids made to the City for the aforesaid procure- ment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for such bids. ATTEST: City Clerk APPROVED Mayor 190 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of January, 1991. No. 30367-11491. A RESOLUTION supporting tax exemption of certain property owned by Total Action Against Poverty in Roanoke Valley in the City of Roanoke used by it exclusively for charitable and benevolent purposes on a non-profit basis, and memorializing a certain agreement between Total Action Against Poverty in Roanoke Valley and this City. WHEREAS, Total Action Against Poverty in Roanoke Valley (herein-after "the Corporation") has petitioned this Council for support for a bill to be introduced at the 1991 Session of the General Assembly to exempt certain pro- perty of the Corporation from taxation pursuant to Article X, §6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Corporation's petition was held by Council on January 14, 1991; WHEREAS, the provisions of subsection B of §30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Corporation agrees that the property to be exempt from taxation is the real property of the Corporation as more particularly described hereinafter, provided such real property shall be used by the Corporation exclu- sively for charitable and benevolent 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 I to be intro- duced on behalf of the Corporation at the 1991 Session of the General Assembly, the Corporation 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 Corporation were the Corporation not exempt from such taxation, for so long as the Corporation'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 1991 Session of the General Assembly whereby Total Action Against Poverty in Roanoke Valley (hereinafter "the Corporation"), a non-profit organization, seeks to be classified and designated a charitable and benevolent organization within the context of §6(a)(6) of Article X of the Constitution of Virginia, and whereby certain property owned by the Corporation enumerated in Paragraph 2 infra, which is used by it exclusively for charitable and benevolent purposes on a non-profit basis, shall be exempt from State and local taxation. 2. The only real property of the Corporation for which exemption from State and local taxation is sought by the Corporation is described as follows: Official Tax No. Address 2113206 2322001 2013504 2311102 620 Shenandoah Avenue, N. W. 606, 614 19th Street, N. W. 110 First Street, N. W. 23 24th Street, N. W. 3. 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 1991 Session of the General Assembly, the Corporation 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 any real property of the Corporation, in the City of Roanoke, were the Corporation's property not exempt from State and local taxation, for so long as the Corporation's property is exempted from State and local taxation. 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 Theodore J. Edlich, III, Executive Director of the Corporation. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Corpora-tion, has been filed with the City Clerk. 191 ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of January, 1991. No. 30368-11491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Renovate Crystal Pring Elementary (1) ......................... Capital Improvement Reserve Capital Improvement Reserve (2) ............................... $ 11,745,049.00 2,013,985.00 (6,088,826.00) 797,792.00 1) Appropriations from General Revenue 2) Storm Drains (008-060-6073-9003) (008-052-9575-9176 $ 13,985.00 (13,985.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of January, 1991. No. 30369-11491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $ 448,622.00 Demonstration Grant (1-14) .................................... 67,202.00 192 Revenue Health and Welfare Demonstration Grant (15) ...................................... 448,622.00 67,202.00 1) Regular Employee Salaries 2) FICA 3) ICMA-RC Retirement 4) Life Insurance 5) Hospitalization Insurance 6) Dental Insurance 7) Local Mileage 8) Telephone 9) Administrative Supplies 10) Training and Development 11) Management Services 12) Expendable Equipment 13) Furniture and Equipment 14) Fees for Professional Services 15) State Grant Receipts (035-054-5150-1002) (035-054-5150-1120) (035-054-5150-1115) (035-054-5150-1130) (035-054-5150-1125) (035-054-5150-1126) (035-054-5150-2046) (035-054-5150-2020) (035-054-5150-2030) (035-054-5150-2044) (035-054-5150-7015) (035-054-5150-2035) (035-054-5150-9005) (035-054-5150-2010) (035-035-1234-7089) 20,792.00 1,591.00 2,518.00 212.00 2,136.00 168.00 2,358.00 2,990.00 696.00 5,000.00 600.00 1,291.00 2,800.00 24,050.00 67,202.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~ /~ ~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of January, 1991. No. 30370-11491. 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 appli- cable 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 require- ments pertaining to the grant, as set forth in the City Manager's report dated January 14, 1991. APPROVED ATTEST: City Clerk 193 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 14th Day of January, 1991. No. 30371-11491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Other Charges (1) ............................................. Capital Outlat Other Equipment (2) ........................................... $1,555,112.00 503,401.00 111,536.00 111,536.00 Retained Earnings Retained Earnings - Unrestricted (3) .......................... $1,705,985.00 1) Maintenance - Buildings 2) Other Equipment 3) Retained Earnings - Unrestricted (005-050-2105-2050) (005-050-8600-9015) (005-3336) $ 49,500.00 18,000.00 (67,500.00) 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 14th Day of January, 1991. No. 30372-11491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Juvenile Detention Home (1-2) ................................. Non-departmental Contingency - General Fund (3) ................................ $27,035,464.00 640,421.00 13,185,407.00 1,400,987.00 1) Construction - Structures 2) Other Equipment 3) Maintenance of Fixed Assets Contingency (001-054-3320-9060) (001-054-3320-9015) (001-002-9410-2201) $ 23,927.00 (14,923.00) (9,004.00) 194 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 14th Day of January, 1991. No. 30373-11491. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated for replacement of seven (7) security doors, frames and hardware and related work at the Juvenile Detention Home, upon certain terms and con- ditions, 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 $23,927.00 for replacement of seven (7) security doors, frames, hardware and related work at the Juvenile Detention Home, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 195 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30365-12291. 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, Donald L. and Shirley Graybill 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 rights-of- way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on said application by the City Council on January 14, 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. THEREFORE, BE IT ORDAINED by the Council Virginia, that the public rights-of-way situate Virginia, and more particularly described as follows: of the City of Roanoke, in the City of Roanoke, Portions of three (3) alleys, described as being situated in Block 2, as shown on the Map of Edgewood Addition, and lying between 8th and 8-1/2 Street, S.E., the first of said alleys lying between Official Tax Nos. 4110927 and 4110928, the second of said alleys lying between Official Tax Nos. 4110918, 4110919, and a portion of 4110921, and the third of said alleys lying between Official Tax Nos. 4110901, 4110913, and a portion of 4110903. are, and they 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 any public utility, including, specifically, without limi- tation, 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 aban- donment 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 applicants' providing to the City a properly executed subdivision plat for review, approval and recordation, showing thereon the divi- sion of the subject alley sections according to established title or by mutual agreement of the owners of properties abutting thereto; and installing a chain- link fence, 6' in height across the second of said alleys lying between Official 196 Tax Nos. 4110918, 4110919, and a portion of 4110921, and the third of said alleys lying between Official Tax Nos. 4110901, 4110913, and a portion of 4110903, the location of both fences to be determined on the final plat of sub- division approved by the City, and the maintenance of said fences to be the responsibility of the owners thereof; and, in the event these conditions have not been met 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 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 this 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 names of Donald L. and Shirley Graybill, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30366-12291. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 510, 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 RS-l, Residential Single-Family District, to CN, Neighborhood Commercial 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 §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 petition at its meeting on January 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 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 pro- vided. 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. 510 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a tract of land lying on the southwesterly side of McVitty Road, S.W., near its intersection with Bruceton Road, designated on Sheet No. 510 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5100908, be, and is hereby rezoned from RS-l, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to those conditions proffered by and set forth in the Fourth Amended Petition to Rezone filed in the Office of the City Clerk on December 5, 1990, and that Sheet No. 510 of the Sectional 1976 Zone Map be changed in this respect. 197 ATTEST: APPROVED City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30374-12291. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Education $65,834,881.00 Other Uses of Funds (1) ....................................... 968,934.00 Instruction {2) ............................................... 48,418,643.00 Grant Fund Appropriations Education Educational Interpreter Training (3-5) ........................ Adult Basic Education 90-91 (6-9) ............................. 1991 Western Virginia Regional Science Fair (10-11) ........... $16,950,623.00 2,020.00 2,155.00 8,960.00 Revenue Education $16,950,623.00 Educational Interpreter Training (12) ......................... 2,020.00 Adult Basic Education 90-91 (13) .............................. 2,155.00 1991 Western Virginia Regional Science Fair (14-15) ........... 8,960.00 1) Transfers to Grant Funds 2) Matching Funds 3) Stipends 4) Social Security 5) Instructional Material 6) Teachers 7) Teacher Aides 8) Social Security 9) Instructional Supplies 10) Travel Expenses 11) Instructional Materials 12) Federal Grant Receipts 13) Federal Grant Receipts 14) Local Match 15) Contributions (001-060-6005-6999-0911) (001-060-6001-6311-0588) (035-060-6590-6174-0311) (035-060-6590-6174-0201) (035-060-6590-6174-0614) (035-060-6745-6450-0121) (035-060-6745-6450-0141) (035-060-6745-6450-0201) (035-060-6745-6550-0614) (035-060-6972-6311-0554) (035-060-6972-6311-0614) (035-060-6590-1102) (035-060-6745-1102) (035-060-6972-1101) (035-060-6972-1103) $ 1,600.00 (1,600.00) 1,750.00 120.00 150.00 1,483.00 417.00 130.00 125.00 6,260.00 2,700.00 2,020.00 2,155.00 1,600.00 7,360.00 198 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 22nd Day of January, 1991. No. 30375-12291. AN ORDINANCE to amend and reordain subsection (a) of §20-95, Manner of redeeming impounded vehicles; costs, Code of the City of Roanoke (1979), as amended, to increase towing and storage fees for impounded motor vehicles; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of §20-95, Manner of redeeming impounded vehicles; costs, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §20-95. Manner of redeeming impounded vehicles; costs. (a) Subject to the provisions contained in subsection (b) of this section, before the owner or person entitled to the possession of any vehicle impounded pursuant to this Division shall be permit ted to remove the same from the custody of the police department, wherever stored, he shall furnish evidence of his identity and right to possession of such vehicle, shall sign a receipt therefor, and shall pay said department a fee of sixty dollars ($60.00) if the vehicle was towed between the hours of 6:00 a.m. and 6:00 p.m., and seventy dollars ($70.00) if the vehicle was towed between the hours of 6:00 p.m. and 6:00 a.m., and, if a dolley was used in such towing, an additional fee of twenty- four dollars ($24.00), to cover the cost of removal and the storage thereof for any period not exceeding twenty-four (24) hours. To cover the department's administrative costs incur- red in towing and storage of vehicles pursuant to this Division, a service charge in the amount of twenty dollars ($20.00) shall be included within the towing fees established by this section. When such owner or person in possession of such vehicle shall allow the same to remain in storage in excess of twenty-four (24) hours, he shall pay the operator of such approved place of storage, or to the City should the same have been stored on City-owned property, a charge of five dollars ($5.00) per day for additional time of storage. The costs of such towing and storage, including the service charge, shall constitute a lien on the vehicle so towed or impounded, and the City and/or the operator of such approved place of storage are authorized to retain possession of such vehicle until such charges are paid. 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. 199 ATTEST: APPROVED City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30376-12291. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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 $27,231,822.00 Police Patrol (1) ............................................. 6,121,768.00 Non-departmental 13,219,828.00 Transfers to Other Funds (2) .................................. 11,164,673.00 Revenue Miscellaneous $ Insurance Recoveries (3) ...................................... 505,323.00 2,444.00 Fund Balance Capital Maintenance & Equipment Replacement Program - City Unappropriated (4) ...................................... $ 986,772.00 Internal Service Fund Appropriations Motor Vehicle Maintenance $ 1,910,259.00 Other Charges (5) ............................................. 610,572.00 Revenue Non-operating Revenue - Operating Supplement (6) .............. $ 25,417.00 1) Vehicular Equipment 2) Transfers to Internal Service Fund 3) Insurance Recoveries 4) CMERP - City 5) Project Supplies 6) Operating Supplement (001-050-3113-9010) (001-004-9310-9506) (001-020-1234-0862) (001-3323) (006-052-2641-3005) (006-020-1234-0951) $ 201,927.00 (25,417.00) 2,344.00 (225,000.00) 25,417.00 25,417.00 2O0 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30377-12291. A RESOLUTION providing for the purchase of police vehicles, upon cer- tain terms and conditions, by utilizing the Commonwealth of Virginia's contract with a certain vendor; and rejecting other bids made to the City. WHEREAS, the Commonwealth of Virginia has, pursuant to its competitive bidding procedures, awarded contracts for the purchase of certain vehicular equipment; and WHEREAS, local governing bodies in Virginia are authorized to purchase items through use of state-awarded contracts. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The purchase of the following items under state-awarded contract from the vendor listed below at the total price indicated is hereby authorized: QUANITY DESCRIPTION VENDOR TOTAL PURCHASE PRICE 17 New Police JKJ Chevrolet $201,926.68 Vehicles 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 State's specifications and the terms of this Resolution. 3. The other bids made to the City for the supply of such equipment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. ATTE ST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30378-12291. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 201 Appropriations General Government Handicap Compliance (1) ....................................... Streets and Bridges Brandon Avenue Widening (2) ................................... Franklin Road Bridge Rehabilitation (3) ....................... $5,410,029.00 53,121.00 8,208,530.00 141,558.00 709,078.00 1) Appropriations from General Revenue 2) Appropriations from General Revenue 3) Appropriations from General Revenue (008-052-9507-9003) (008-052-9638-9003) (008-052-9602-9003) $ (49,415.00) (18,442.00) 67,857.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30379-12291. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Lanford Brothers Company, Incorporated for rehabi- litation of the deck of the Franklin Road Bridge over the tracks of Norfolk and Western Railway Company; 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 Lanford Brothers Company, Incorporated, dated May 14, 1990, authorized by Ordinance No. 30046-51490, to provide for the rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk and Western Railway Company. 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT INCLUDING PREVIOUS CHANGE ORDER $530,632.00 Changes/Additions to contract pursuant to Change Order No. 2 described in City Manager's Report dated January 22, 1991 $ 90,404.30 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 $621,036.30 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 202 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of January, 1991. No. 30380-12891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education $65,959,881.00 Facilities (1) ................................................ 1,135,085.00 Fund Balance CMERP - School Unappropriated (2) ............................. $ 360,111.00 1) Furniture and Equipment 2) CMERP - City (001-060-6004-6300-0802) $ 125,000.00 (001-3324) (125.00.00) 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 28th Day of January, 1991. No. 30381-12891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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) ................................... Juvenile Probation House (2) .................................. Crisis Intervention Center (3) ................................ $27,038,513.00 639,432.00 343,845.00 386,303.00 Revenues Grants-in-Aid Commonwealth $54,140,058.00 Other Categorical Aid (4-6) ................................... 13,161,364.00 1) USDA - Expenditures 2) USDA - Expenditures 3) USDA - Expenditures 4) USDA - Juvenile Detention Home (001-054-3320-3000) (001-054-3350-3000) (001-054-3360-3000) (001-020-1234-0660) $ 8,015.00 1,579.00 2,459.00 (8,015.00) 203 5) USDA - Youth Haven 6) USDA - Crisis Intervention (001-020-1234-0662) (001-020-1234-0661) (1,579.00) (2,459.00) 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 28th Day of January, 1991. No. 30382-12891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructure $ 16,460,113.00 Peters Creek Floodproofing (1-2) ............................ 450,000.00 Capital Improvement Reserve (6,374,841.00) Capital Improvement Reserve (3) ............................. 761,777.00 Public Improvement Bonds Series 1988 (4) .................... 1,094,049.00 1) Approp. from General Revenue 2) Approp. from Bonds 3) Storm Drains 4) Storm Drains (008-052-9662-9003) (008-052-9662-9001) (008-052-9575-9176) (008-052-9603-9176) $ 50,000.00 250,000.00 (50,000.00) (250,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of January, 1991. No. 30383-12891. A RESOLUTION authorizing the execution of an agreement with Mattern & Craig, P.C., to provide certain architectural and engineering services, specifi- cally the preliminary engineering, design and specifications for the Peters Creek 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, an agreement with Mattern & Craig, P.C., for the provision by such 2O4 firm of architectural and engineering services for the preliminary engineering, design and specifications for the Peters Creek Flood Reduction project, as more particularly set forth in the January 28, 1991 report of the City Manager to this Council, said agreement to be in such form as approved by the City Attorney. 2. The contract amount authorized by this resolution shall be in the amount of $300,000.00. APPROVED ATTEST: ~)~.~,_ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of January, 1991. No. 30384-12891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges $8,308,147.00 Realignment of Thirlane Road, N. W. (1) ....................... 1,500,217.00 Revenue Miscellaneous Accounts Receivable - Cova Corp. (2) ............ $ 99,617.00 1) Approp. from Third Party (008-052-9630-9004) $ 99,617.00 2) Misc. Receivable - Cova (008-1115) (99,617.00) 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 28th Day of January, 1991. No. 30385-12891. A RESOLUTION authorizing the City Manager or his designee to execute, for and on behalf of the City of Roanoke, Amendment No. i to the contract with Cova Corporation, dated February 13, 1989, setting forth the responsibilities and obligations of the City and Cova Corporation regarding a new facility to be constructed in the City. 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 to execute and attest, respectively, for and on behalf of the City of Roanoke, upon form approved by 205 the City Attorney, Amendment No. i to the contract with Cova Corporation, said contract being dated February 13, 1989, setting forth the responsibilities and obligations of the City and Cova Corporation regarding a new facility to be constructed in the City, and providing for the payment to the City in the amount of $99,617.00 for additional work to be performed in connection with the realignment and reconstruction of Thirlane Road, N.W., said work to be performed by S. R. Draper Paving Company, all of which is more particularly set forth in the City Manager's report to this Council dated January 28, 1991. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of January, 1991. No. 30386-12891. AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with S. R. Draper Paving Company for additional work in connection with the realignment and reconstruction of Thirlane Road, N. W., 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. i to the City's contract with S. R. Draper Paving Company, dated October 1, 1990, authorized by Ordinance No. 30262-10190, to provide for additional work in connection with the realignment and reconstruction of Thirlane Road, N. W., as set forth in the City Manager's report dated January 28, 1991. 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT $1,261,160.07 CHANGE ORDER NO. i Additional cutting of approximately 31,000 cubic yards of dirt, including mobilization, clearing and grubbing, and construction surveys for new Thirlane Road adjacent to Cova Corporation's property, and filling said dirt on adjacent Cova Corporation's property so that property will have same elevation as new Thirlane Road elevation, as provided in revised drawings prepared by Hayes, Seay, Mattern & Mattern $ 99,617.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. i $1,360,777.07 Additional calendar days resulting from Change Order No. i 60. 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 2O6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of January, 1991. No. 30392-12891. A RESOLUTION memorializing the late C. E. Cuddy. WHEREAS, the members of this Council have learned, with sorrow, of the passing on December 18, 1990, of C. E. Cuddy, a former Commonwealth's Attorney for the City of Roanoke and a life long resident of the City; WHEREAS, C. E. Cuddy, affectionately known to friends throughout his life as "Buck", was born in this City on February 2, 1904, and attended City public schools; WHEREAS, Mr. Cuddy thereafter attended the University of Virginia, excelling in track and football, being elected captain of the University of Virginia football team in his senior year, and graduating with a Bachelor of Laws degree in 1929; WHEREAS, Mr. Cuddy served as Commonwealth's Attorney for twenty years, a longer period of time than any person in the history of the City, and as a prosecutor, he was known for intense preparation, excellent scholarship, for- ceful presentation and attention to the details of trial; WHEREAS, in his private practice of law, Mr. Cuddy was respected by his peers as a most worthy opponent, but also always as fair and ethical; and WHEREAS, Mr. Cuddy was a 33rd Degree Scottish Rites Member of Lakeland Masonic Lodge and a devoted husband and family man; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recording its deepest regrets at the passing of C. E. "Buck" Cuddy, a former Commonwealth's Attorney of the City, and extends to Mrs. Myra Reese Cuddy, his widow, and their children, the sympathy of this Council and that of the citizens of this City whom he faithfully served. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Cuddy. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of February, 1991. No. 30387-20491. AN ORDINANCE authorizing a certain indenture agreement with Appalachian Power Company for the provision of electrical service across a portion of Mill Mountain Park 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 indenture agreement with Appalachian Power Company providing for extension of electric power service, said easement being approximately two hundred twenty (220) feet long across a portion of Mill Mountain Park facing Alan Road, S. E. and to be located under Alan Road, S. E. from the pole located on the east side and to include provisions for indem- nification of the City as well as relocation of the line one time at Appalachian 207 Power Company's expense 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 of the Water Resources Committee to this Council dated January 28, 1991. ATTEST: City Clerk APPROVED Vice_~ayo r~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of February, 1991. No. 30388-20491. AN ORDINANCE authorizing a certain indenture agreement with Appalachian Power Company for the provision of electrical service across the Crystal Spring 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 indenture agreement with Appalachian Power Company providing for the extension of electric power service to Roanoke Memorial Hospital across the Crystal Spring property, said easement being approximately forty (40) feet wide and approximately six hundred fifty (650) feet long and to include provisions for indemnification of the City, relocation of the line one time at APCO's expense, prohibition of blasting 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 of the Water Resources Committee to this Council dated January 28, 1991. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of February, 1991. No. 30389-20491. AN ORDINANCE authorizing a certain easement agreement with C & P Telephone Company of Virginia for the provision of telephone service across Fishburn Park 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 easement agreement with C & P Telephone Company of Virginia providing for the extension of underground fiber- optic cable lines to Blue Ridge ETV, said easement being approximately fifteen (15) feet by one hundred seventy five (175) feet and to include such other terms and conditions as are deemed to be in the City's interest as more particularly set forth in the report of the Water Resources Committee to this Council dated January 28, 1991. ATTEST: ~~ City Clerk APPROVED Vice-Mayor 2O8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of February, 1991. No. 30390-20491. AN ORDINANCE authorizing a renewal of the existing lease agreement bet- ween the City and the Blue Ridge Zoological Society of Virginia 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 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 that 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 existing lease between the City and the Blue Ridge Zoological Society of Virginia for the Mill Mountain Zoo as well as the existing agreement between the City, the Roanoke Jaycees, Inc. and the Blue Ridge Zoological Society of Virginia for operation of the miniature railroad at the Zoo, said agreements to be on an interim basis for a period not to exceed one (1) year 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 of the Water Resources Committee dated to this Council dated January 28, 1991. ATTEST: City C1 erk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of February, 1991. No. 30391-20491. AN ORDINANCE authorizing a certain lease of former Fire Station No. 6 to the Southeast Action Forum, Inc. and a certain sub-lease of a portion of the premises to the League of Older Americans Senior Citizens Dining Club upon cer- tain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest respectively on behalf of the City of Roanoke a lease agreement in form approved by the City Attorney for former Fire Station No. 6 with the Southeast Action Forum, Inc. for a five (5) year term, said lease to include authorization of a sub-lease for the first floor of the premises to the League of Older Americans Senior Citizens Dining Club and to include such other terms and conditions as are deemed to be in the City's interest as more particularly set forth in the report of the Water Resources Committee to this Council dated January 28, 1991. APPROVED ATTEST: ~~ City Clerk Vi ce-Mayor 2O9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of February, 1991. No. 30393-20491. AN ORDINANCE amending Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining sub-section (b) of §26-45 Prohibited discharges generally and subsection (a) of §26-48, Discharge of storm water and other unpolluted drainage of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, such code amendments and additions improving the protection program for the City's publicly owned treatment works; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of §26-45, Prohibited discharges generally, and subsection (a) of §26-48, Discharge of storm waterand other unpolluted drainage, of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, are hereby amended and reordained to read and provide as follows: §26-45. Prohibited discharges generally. (b) Discharges into public sewers shall not contain: (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. §26-48. Discharge of storm water and other unpolluted drainage. (a) No person shall discharge into public sanitary sewers; (1) Unpolluted storm water, surface water, groundwater, roof runoff or subsurface drainage. (2) Other unpolluted drainage. 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 Vice-Mayor 210 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of February, 1991. No. 30394-20491. AN ORDINANCE amending and reordaining §32-284, Levy of tax; amount, of the Code of the City of Roanoke (1979), as amended, to provide that t~itus for meals taxation is the locality in which the sale is made; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-284, Levy of tax; amount, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §32-284. Levy of tax; amount. In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of all food sold in the city in or from a restaurant, whether prepared in such restaurant or not and whether consumed on the premises or not, or by a caterer regardless of place of delivery or consumption. The rate of this tax shall be four (4) percent of the amount paid for such food. In the computation of this tax, any fraction of one-half cent ($0.005) or more shall be treated as one cent ($0.01). 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: ~J~/%~c City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of February, 1991. No. 30395-20491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks and Recreation $ Improvements to Seven Parks (1-2) ............................. Jackson, Norwich, Wasena Improvements (3) ..................... Renovation - Wasena/Eureka/Jackson/Washington (4) ............. Capital Improvement Reserve Public Improvement Bonds - Series 1988 (5) .................... 820,000.00 160,000.00 113,000.00 519,000.00 (6,206,841.00) 1,182,049.00 1) Appropriation from Bonds 2) Appropriation from General Revenue 3) Appropriation from Bonds (008-050-9636-9001) (008-050-9634-9003) (008-050-9634-9001) $ 139,000.00 21,000.00 (7,000.00) 211 4) Appropriation from General Revenue 5) Parks (008-050-9632-9003) (008-052-9603-9180) (21,000.00) (132,000.00) 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 4th Day of February, 1991. No. 30396-20491. AN ORDINANCE accepting the bid of L. H. Sawyer Paving Company, Inc. for improvement of seven (7) city parks, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of L. H. Sawyer Paving Company, Inc. made to the City in the total amount of $147,155.00 for improvements to Huff Lane, Thrasher, Fishburn, Shrine Hill, Lakewood, Staunton Avenue, and West End Parks, 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 authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made there- for and the City's specifications made therefor, said contract to be in such for as approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of February, 1991. No. 30397-20491. AN ORDINANCE authorizing the execution of an option agreement by the appropriate City officials for the purchase of 348 Campbell Avenue, S. W., Roanoke City Official Tax No. 1011306, upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 212 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th Day of February, 1991. No. 30399-21191. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Grand Fund Appropriations, and providing for an emergency. WHEREAS, FOR THE USUAL DAILY OPERATION OF THE Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Non-departmental $13,210,129.00 Transfer to other Funds (1) ................................... 11,165,006.00 Public Safety 27,237,724.00 Jail (2) ...................................................... 3,835,005.00 Grant Fund Appropriations Public Safety $ Adult Basic Education FY 91 (3-4) ............................. Revenue Public Safety $ Adult Basic Education FY 91 (5-6) ............................. 920,129.00 3,326.00 920,129.00 3,326.00 1) Transfers to Grant Fund (001-004-9310-9535) 2) Reimbursements (001-024-3310-8005) 3) Temporary Employee Wages (035-024-5002-1004) 4) FICA (035-024-5002-1120) 5) Local Match (035-035-1234-7086) 6) State Revenue (035-035-1234-7085) $ 333.00 (333.00) 3,089.00 237.00 333.00 2,993.00 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 11th Day of February, 1991. No. 30400-21191. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 213 General Fund Appropriations Nondepartmental $13,194,411.00 Transfers to Other Funds (1-2) ............................... 11,139,256.00 Capital Fund Appropriations General Government $ 6,688,794.00 Crisis Intervention Center (3-4) .............................. 547,850.00 Revenue Due from State - Department of Corrections (5) ................ $ 4,187,139.00 1) Transfers to Debt Service Fund (001-004-9310-9512) 2) Tranfers to Capital Fund (001-004-9310-9508) 3) Appropriations from General Revenue (008-052-9637-9003) 4) Appropriations from State (008-052-9637-9007) 5) Due from State - Dept. of Corrections (008-1270) $(267,850.00) 267,850.00 267,850.00 280,000.00 280,000.00 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 11th Day of February, 1991. No. 30401-21191. A RESOLUTION authorizing execution of a contract with Dewberry & Davis to provide certain architectural and engineering services, specifically the design, plans, specifications and related construction documents, and contract administration, in connection with the Crisis Intervention Center for the City of Roanoke to be located at Coyner Springs. 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 Dewberry & Davis, for the provision by such firm of architectural and engineering services for the design, plans, specifications and related construction documents, and contract administration for the Crisis Intervention Center for the City of Roanoke to be located at Coyner Springs, as more particularly set forth in the City Manager's report to this Council, dated February 11, 1991, said agreement to be in such form as approved by the City Attorney. 2. The contract authorized by this resolution shall be in the amount of $44,400.00. ATTEST: City Clerk APPROVED Mayor 214 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th Day of February, 1991. No. 30402-21191. A RESOLUTION approving the rehabilitation of approximately 72 apart- ment units in the City, and authorizing the execution of a Certificate of Approval for the same. BE IT RESOLVED by the Council of the City of Roanoke that: 1. In accordance with §36-55.39(B), Code of Virginia (1950), as amended, Council hereby certifies to the Virginia Housing Development Authority its approval of the proposed multifamily residential housing development called Park 21 Apartments, consisting of the rehabilitation of approximately 72 units located on Fallon Avenue, S. E., in the City, such development to be financed in whole or in part by Virginia Housing Development Authority. 2. The Mayor is hereby authorized to execute the requisite Certificate of Approval certifying to the Virginia Housing Development Authority the action of Council taken hereby. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th Day of February, 1991. No. 30403-21191. A RESOLUTION authorizing the reimbursement to Arden Associates, L.P., of a portion of the purchase price paid by Arden Associates, L.P., for Parcel 4 in the Roanoke Centre for Industry and Technology. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to reimburse Arden Associates, L.P., $25,000.00 of the purchase price paid by Arden Associates, L.P., for Parcel 4 in the Roanoke Centre for Industry and Technology, in accor- dance with the recommendation contained in the report of the City Manager, dated January 7, 1991. 2. The City Manager is also authorized to execute any documents in such form as approved by the City Attorney which may be necessary to effectuate the purposes of this resolution. ATTEST: ~~ City Clerk APPROVED Mayor 215 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth Day of February, 1991. No. 30404-21191. A RESOLUTION expressing this Council's support for the Cable Television Consumer Protection Act of 1991. WHEREAS following the adoption by the United States Congress of the Cable Communications Policy Act of 1984, rates for cable television services have been deregulated in approximately 97% of all franchises areas including the City of Roanoke; and, WHEREAS, cable television subscribers in the City have no opportunity to select between competing cable systems and cable television rates have risen dramatically since rate deregulation; and, WHEREAS, the Cable Television Consumer Protection Act of 1991, intro- duced on January 14, 1991 in the Senate of the United States, would restore the rights of local authorities to regulate cable rates. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council supports passage of Senate Bill 12, the Cable Television Consumer Protection Act of 1991 which insures carriage on cable tele- vision of local news and other programming and restores the right of local regu- latory authorities to regulate cable television rates. 2. That the City Clerk is directed to forward a copy of this resolu- tion to Senator Albert Gore, Jr., Senator Ernest F. Hollings, Senator John C. Danforth, Senator John Warner, Senator Charles S. Robb and Representative Jim Olin. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th Day of February, 1991. No. 30405-21191. A RESOLUTION memorializing the late Jack C. Smith. WHEREAS, Jack C. Smith, a long-time resident of the Roanoke Valley, passed away on February 4, 1991; WHEREAS, Mr. Smith was Executive Vice President of the Roanoke Valley Chamber of Commerce from 1960 to 1988; WHEREAS, Mr. Smith served in numerous leadership positions in local, regional and State-wide organizations, including chairmanship of the Industrial Development Authority of the City and chairmanship of the City's Airport Advisory Commission; WHEREAS, Mr. Smith was instrumental in promoting the economic welfare of the Roanoke Valley, and through his efforts a number of businesses were orga- nized in the valley or relocated to this area; WHEREAS, Mr. Smith worked tirelessly and unselfishly on behalf of the citizens of the area in his many professional and civic endeavors; and WHEREAS, this Council desires to take special note of Mr. Smith's passing and pay respect to his memory; 216 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE that: 1. The Council adopts this means of recording its deepest regrets at the passing of the late Jack C. Smith and extends to Mrs. Melissa Moultrie Smith, his widow, and their children the sympathy of this Council and that of the citizens of this City. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Smith. ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th Day of February, 1991. No. 30398-21991. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 518, Sectional 1976 Zone Map, City of Roanoke, to change conditions previously proffered in connection with the rezoning of certain pro- perty within the City. WHEREAS, a petition has been presented to the Council of the City of Roanoke to amend conditions previously proffered in connection with the rezoning of the hereinafter described property; 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 petition at its meeting on February 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 changing of proffered conditions; 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 conditions previously proffered should be changed 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. 518 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a tract of land containing 18.3 acres, more or less, located at 3804 Brandon Avenue, S. W., designated on Sheet No. 518 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5180304 be, and hereby remains, zoned RM-2, Residential Multi-Family, Medium Density District, subject to those conditions proffered by and set forth in the Second Amended Petition to Change Proffered Rezoning Conditions filed in the Office of the City Clerk on January 24, 1991, and that, to the extent it is necessary to do so, Sheet No. 518 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th Day of February, 1991. No. 30406-21991. 217 AN ORDINANCE extending the franchise of Cox Cable Roanoke, Inc. to operate a cable television system in the City for an additional sixty day period and providing for a one percent (1%) increase in the franchise fee payment from four to five percent of gross revenues. BE IT ORDAINED by the Council of the City of Roanoke that in order to permit Cox Cable Roanoke, Inc. to continue to operate a cable television franchise within the territorial limits of the City of Roanoke after March 1, 1991, the franchise of Cox Cable Roanoke, Inc. for the operation of a cable television system within the City of Roanoke, Virginia dated January 20, 1975, as amended, is hereby extended for a period of sixty days beginning at 12:00 midnight on March 1, 1991, provided however, that pursuant to Section 14 of the franchise, the franchise fee paid to the City shall be in the amount of five percent (5%) of the grantee's gross revenues as provided for in the Cable Communications Policy Act of 1984 from its cable television service and opera- tions effective midnight on March 1, 1991. ATTEST: City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th Day of February, 1991. No. 30407-21991. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Title II-A LPN (1) ............................................ Adult Basic Education 90-91 (2-3) ............................. Community Opportunity Grant (4) ............................... Microcomputer Software Subsidy (5) ............................ $17,040,144.00 2,068.00 127,116.00 500.00 4,275.00 Revenue Education $17,040,144.00 Title II-A LPN (6) ............................................ 2,068.00 Adult Basic Education 90-91 (7) ............................... 127,116.00 Community Opportunity Grant (8) ............................... 500.00 Microcomputer Software Subsidy (9) ............................ 4,275.00 1) Tuition 2) Teachers 3) Social Security 4) Additional - Machinery and Equipment 5) Educational and 6) (035-060-6426-6334-0382) (035-060-6745-6450-0121) (035-060-6745-6450-0121) (035-060-6973-6000-0821) Recreational Supplies (035-060-6974-6202-0614) Federal Grant Receipts (035-060-6426-1102) $2,068.00 2,085.00 160.00 500.00 4,275.00 2,068.00 218 7) Federal Grant Receipts (035-060-6745-1102) 8) Donation (035-060-6973-1103) 9) State Grant Receipts (035-060-6974-1100) 2,245.00 500.00 4,275.00 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 19th Day of February, 1991. No. 30408-21991. A Resolution approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of the Roanoke Lutheran Retirement Community, Inc., 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 ("Authority"), has considered the application of Virginia Lutheran Homes, Inc. ("VLH"), t/a Brandon Oaks ("Brandon Oaks"), and Roanoke Lutheran Retirement Community, Inc. (the "Company"), whose principal office is at 3804 Brandon Avenue, S. W., Roanoke, Virginia, requesting the Authority to issue up to $30,000,000.00 of its industrial development revenue bonds (the "Bonds") to assist the Company in financing the acquisition, construction and equipping of a facility for the residence and care of the elderly (the "Project") to be located in the City of Roanoke, Virginia, at 3804 Brandon Avenue, S. W., at a site of property located generally behind the nursing care facilities currently operated by VLH as the Virginia Synod Lutheran Home of Roanoke, and has held a public hearing thereon on February 12, 1991. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Tax Code"), and Section 15.1-1378.1 of the Code of Virginia, as amended (the "Virginia Code") provide that the governmental unit having juris- diction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity 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 Project is located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental unit of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution 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 by the Authority for the benefit of the Company, as required by Section 147(f) of the Tax Code and Section 15.1378.1 of the Virginia Code, as amended, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Tax Code does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Project or the Company, 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. 3. This Resolution shall take effect immediately upon its adoption. 219 ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th Day of February, 1991. No. 30409-21991. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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 (1-23) ................................................. $1,450,327.00 Revenue Fifth District Employment & Training Consortium - FY91 (24-27) ................................................. $1,450,327.00 1) Boddie Noel Enterprises 2) Anderson News Co. of VA 3) Deluxe Floors 4) Lubrication Specialists 5) Magic Lube 6) Hooks Super-X 7) Pizza Hut 8) TAPS, Inc. 9) ECPI 10) VWCC 11) 12) Roanoke Memorial LPN Program 13) Wages 14) Fringes 15) Funding Authority 16) Wages 17) Fringes 18) Travel 19) DSLCC IR - 40% 20) Funding Authority 21) DSLCC 22) Academy of Real Estate 23) ECPI 24) 25) (034-054-9161-8126) (034-054-9161-8127) (034-054-9161-8130) (034-054-9161-8122) (034-054-9161-8124) (034-054-9161-8203) (034-054-9161-8148) (034-054-9161-8174) (034-054-9161-8175) (034-054-9161-8192) Dominion Business School (034-054-9161-8197) (034-054-9161-8215) (034-054-9161-8350) (034-054-9161-8351) (034-054-9161-9990) (034-054-9181-8400) (034-054-9181-8401) (034-054-9181-8402) (034-054-9181-8238) (034-054-9181-9990) (034-054-9181-8201) (034-054-9181-8195) (034-054-9181-8175) Title IIA Admininstation (034-034-1234-9160) Title IIA Training (034-034-1234-9161) 200.00 312.00 704.00 2,079.00 2,450.00 2,630.00 878.00 27,900.00 4,684.00 4,877.00 7,181.00 500.00 6,000.00 10,843.00 46,209.00 6,576.00 921.00 250.00 11,767.00 8,066.00 8,400.00 302.00 3,588.00 16,843.00 100,604.00 22O 26) Title III EDWAA Formula (034-034-1234-9181) 27) Title III EDWAA - 40% (034-034-1234-9182) 17,123.00 22,747.00 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 19th Day of February, 1991. No. 30410-21991. A RESOLUTION waiving the standard rental fee for use of the National Guard Armory by the Virginia Skyline Girl Scout Council for a "Thinking Day" 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 faci- lities and property by certain organizations. WHEREAS, the Virginia Skyline Girl Scout Council complies with the cri- teria for waiver of such fees set forth in Resolution No. 24982. WHEREAS, Council deems it appropriate to waive rental fees for the "Thinking Day" to be sponsored by the Virginia Skyline Girl Scout Council 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 Virginia Skyline Girl Scout Council shall be authorized use of the National Guard Armory on March 16, 1991, 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 resolu- tion, 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. 4. The applicant organization shall comply with all applicable terms and conditions of Resolution No. 24982, dated January 28, 1980. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of February, 1991. No. 30411-22591. 221 AN ORDINANCE granting to the American Red Cross, Roanoke Valley Chapter, 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 American Red Cross, Roanoke Valley Chapter (Permittee), has requested that Council authorize the Permittee to mount American Red Cross 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 of Edward C. Dunbar, Chapter Chairman, dated January 21, 1991; 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 January 21, 1991, from Edward C. Dunbar, Chapter Chairman, Roanoke Valley Chapter, American Red Cross, 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 expire, by its own terms, without notice, at midnight on March 31, 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 Roanoke Valley Chapter of the American Red Cross, has been filed in the Office of the City Clerk. ATTEST: ~~ City Clerk APPROVED 222 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of February, 1991. No. 30412-22591. AN ORDINANCE approving the transfer of a certain franchise for a fiber optic telecommunication system from Roanoke & Botetourt Telephone Company to R & B Network, Inc. upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the request by Roanoke & Botetourt Telephone Company to transfer to R & B Network, Inc. the franchise for a fiber optic telecommunication system granted by Ordinance No. 30250-10190, dated October 1, 1990, including the assumption by R & B Network, Inc. of all obligations, responsibilities and liabilities under such franchise as more particularly set forth in the report of the City Manager to this Council dated February 19, 1991, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and attest respectively, in form approved by the City Attorney, appropriate documentation evidencing such approval provided, however, that Roanoke & Botetourt Telephone Company, the original franchisee, shall not be released from the performance of any duty required by the ordinance granting said franchise. ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of February, 1991. No. 30413-22591. A RESOLUTION approving the Roanoke Regional Airport Commission budget for FY 1991-1992, upon certain terms and conditions. WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and the City Council of the City; and WHEREAS, by report dated February 13, 1991, a copy of which is on file in the Office of the City Clerk, the Chairman of the Roanoke Regional Airport Commission has submitted a request that the City approve the FY 1991-1992 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the FY 1991-1992 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the February 13, 1991, report of the Commission Chairman, a copy of which is incorporated by reference herein, is hereby APPROVED, and the City Manager and the City Clerk are authorized to exe- cute and attest, respectively, on behalf of the City, any documentation, in form approved by the City Attorney, necessary to evidence said approval. ATTEST: City Clerk APPROVED Mayor 223 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of February, 1991. No. 30414-22591. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructure $16,455,113.00 Roanoke River Flood Reduction Phase I Environmental (1) ....... 152,000.00 Roanoke River Flood Reduction - Land Acquisition (2) .......... 1,588,424.00 1) Approp. from General Revenue (008-056-9664-9003) $ 152,000.00 2) Approp. from General Revenue (008-056-9619-9003) (152,000.00) 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 February, 1991. No. 30415-22591. A RESOLUTION authorizing the execution of a contract with Dewberry and Davis to provide 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 an agreement with Dewberry and Davis for the provision by such firm of environmental assessment services for the Roanoke River Flood Reduction Project as more particularly set forth in the February 25, 1991, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall be in the amount of $152,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor 224 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of February, 1991. No. 30416-22591. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, FOR THE USUAL DAILY OPERATION OF THE Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations City Clerk (11~[ .......... City Manager,6,~. ii. ~]~...]~]' ]]~]~]]]"]]]~]]]~]~'~]]]$ Management and Budget (3) ...................................... Personnel Lapse (4) ............................................ City Attorney (5) .............................................. Billings and Collections (6) ................................... Municipal Auditing (7) ......................................... Registrar (8) .................................................. Treasurer (9) .................................................. Commissioner of Revenue (10) ................................... Sheriff (11) ................................................... Jail (12) ...................................................... Commonwealth's Attorney (13) ................................... Clerk of Circuit Court (14) .................................... General Services (15) .......................................... Director, Administration and Public Safety (16) ................ Risk Management (17) ........................................... Police-Investigation (18) ...................................... Police-Patrol (19) ............................................. Police-Services (20) ........................................... Police-Training (21) ........................................... Fire-Administration (22) ....................................... Fire-Operations (23) ........................................... Fire-Training (24) ............................................. Emergency Services (25) ........................................ Grounds Maintenance (26) ....................................... Parks and Recreation (27) ...................................... Director of Public Works (28) .................................. Building Inspections (29) ...................................... Street Maintenance (30) ........................................ Communications (31) ............................................ Custodial Services (32) ........................................ Engineering (33) ............................................... Building Maintenance (34) ...................................... Community Planning (35) ........................................ Outreach Detention (36) ........................................ Social Services-Administration (37) ............................ Social Services-Income Maintenance (38) ........................ Social Services-Services (39) .................................. Social Services-Employment Services (40) ....................... Libraries (41) ................................................. Director of Human Resources (42) ............................... 272,078.00 482,126.00 309,421.00 ( 272,383.00) 507,274.00 872,476.00 419,696.00 154,944.00 674,168.00 738,981.00 1,330,199.00 3,825,708.00 675,745.00 852,033.00 248,402.00 111,070.00 364,284.00 2,486,896.00 6,128,882.00 1,385,803.00 196,956.00 286,651.00 8,632,410.00 129,028.00 219,237.00 2,960,586.00 1,257,730.00 110,673.00 682,757.00 2,366,809.00 1,496,589.00 868,809.00 1,210,416.00 2,982,538.00 354,479.00 156,155.00 391,863.00 3,639,525.00 6,051,232.00 564,103.00 1,869,373.00 159,402.00 Revenue Commonwealth's Attorney (43) .................................. $ Sheriff (44) .................................................. Commissioner of Revenue (45) .................................. Treasurer (46) ................................................ Jail (47) ..................................................... Public Assistance Administration and Staff Development (48)... Employment Services (49) ...................................... 518,307.00 1,088,413.00 211,442.00 257,723.00 3,602,266.00 3,845,769.00 375,718.00 Internal Service Fund Appropriations Management Services (50) ...................................... $ Personnel Lapse (51) .......................................... City Information Systems (52) ................................. Materials Control (53) ........................................ Motor Vehicles Maintenance (54) ............................... Utility Line Service (55) ..................................... Contingency (56) .............................................. 505,364.00 .00 2,889,491.00 161,417.00 1,904,955.00 2,821,410.00 95,029.00 225 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) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) 43) 44) 45) 46) 47) 48) 49) 50) 51) 52) 53) 54) Regular Employee Regular Employee Regul ar Employee Personnel Lapse Regul ar Employee Regul ar Employee Regular Employee Regular Employee Regular Employee Regul ar Employee Regul ar Employee Regular Employee Regul ar Employee Regular Employee Regul ar Employee Regul ar Employee Regular Employee Regul ar Employee Regular Employee Regular Employee Regular Employee Regul ar Employee Regular Employee Regular Employee Regular Employee Regular Employee Regul ar Employee Regular Employee Regular Employee Regular Employee Regul ar Employee Regular Employee Regular Employee Regular Employee Regul ar Employee Regular Employee Regular Employee Regular Employee Regular Employee Regular Employee Regular Employee Regular Employee Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Sal ar~ es Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Commonweal th' s Attorney Sheriff Commissioner of Revenue Treasurer Jail Public Assistance Admin. & Staff Development Employment Services Regular Employee Salaries Personnel Lapse Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-001-1120-1002) $( (001-002-1211-1002) (001-002-1212-1002) ( (001-002-9410-1090) (001-003-1220-1002) ( (001-004-1232-1002) ( (001-005-1240-1002) ( (001-010-1310-1002) (001-020-1234-1002) ( (001-022-1233-1002) ( (001-024-2140-1002) (001-024-3310-1002) ( (001-026-2210-1002) (001-028-2111-1002) (001-050-1237-1002) ( (001-050-1260-1002) (001-050-1262-1002) (001-050-3112-1002) ( (001-050-3113-1002) (001-050-3114-1002) ( (001-050-3115-1002) ( (001-050-3211-1002) (001-050-3213-1002) ( (001-050-3214-1002) (001-050-3520-1002) ( (001-050-4340-1002) ( (001-050-7110-1002) ( (001-052-1280-1002) (001-052-3410-1002) ( (001-052-4110-1002) ( (001-052-4130-1002) ( (001-052-4220-1002) ( (001-052-4310-1002) (001-052-4330-1002) ( (001-052-8110-1002) (001-054-3330-1002) (001-054-5311-1002) (001-054-5313-1002) ( (001-054-5314-1002) ( (001-054-5316-1002) ( (001-054-7310-1002) (001-054-1270-1002) ( (001-020-1234-0610) (001-020-1234-0611) (001-020-1234-0612) ( (001-020-1234-0613) ( (001-020-1234-0651) ( (001-020-1234-0676) (001-020-1234-0681) (006-002-1617-1002) (006-002-9411-1090) (006-050-1601-1002) (006-050-1613-1002) (006-052-2641-1002) 242.00) 1,758.00 2,700.00) 118,233.00 5,154.00) 6,246.00) 9,707.00) 229.00 2,455.00) 3,121.00) 529.00 8,964.00) 982.00 535.00 98.0O) 735.00 1,258.00 12,602.00) 10,549.00 14,316.00) 6,550.00) 355.00 10,299.00) 3.00 7,583.00) 5,860.00) 5,810.00) 54.00 11,281.00) 12,506.00) 8,864.00) 5,425.00) 79.00 2,822.00) 2,228.00 325.00 701.00 16,587.00) 16,978.00) 5,735.00) 1,351.00 827.00) 983.00 529.00 1,561.00) 1,228.00) 8,964.00) 26,852.00) 5,735.00) 357.00 29,112.00 10,973.00) 2,952.00) 5,304.00) 226 55) Regular Employee Salaries 56) Contingency (006-056-2625-1002) $( 26,922.00) (006-002-9411-2199) 16,682.00 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 Febrfuary, 1991. No. 30417-22591. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government $ 5,461,444.00 Campbell/Patterson Land Acquisition (1) ....................... 2,000.00 Capital Improvement Reserve (6,076,841.00) Public Improvement Bonds - Series 1988 (2) .................... 1,312,049.00 1) Appropriations from Bonds (008-052-9663-9001) $ 2,000.00 2) Streets and Bridges (008-052-9603-9181) (2,000.00) 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 25th Day of February, 1991. No. 30418-22591. AN ORDINANCE authorizing the acquisition of a certain approximate 760 square foot area of real property bearing official tax number 1112822, for street preservation, construction, and maintenance purposes located at the intersection of Campbell Avenue and Patterson Avenue, S. W.; authorizing the City Manager to take appropriate action for purchase of this property; authorizing the City's acquisition of this property by condemnation, under cer- tain circumstances; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the preservation, construction and maintenance of a portion of Campbell Avenue located at the intersection of Campbell Avenue and Patterson Avenue, the City wants and needs fee simple title, with appurtenant rights, to a certain approximate 760 square foot triangular portion of official tax number 1112822, located immediately west of the intersection of Campbell Avenue and Patterson Avenue, S. W. and measuring 76' by 76.4' by 20.1', as more par- ticularly set forth in the report of this Council dated February 25, 1991, a copy of which is on file in the Office of the City Clerk, and is incorporated by reference as a part of this ordinance. The proper City officials are authorized to acquire this land for the City for the amount of the final appraised value, the amount negotiated by the City administration and he landowner, or the amount of any condemnation award. 2. A public necessity and use exists for the acquisition of said property being the preservation, construction, and maintenance of a portion of Campbell Avenue and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is authorized to contract with said land- owners on behalf of the City for purchase of such property for an amount deemed appropriate. Upon acceptance of any offer and upon delivery to the City of a deed, approved as to form by the City Attorney, the Mayor and City Clerk are authorized to execute and attest, respectively, any necessary documentation and the Director of Finance is directed to pay the agreed upon amount to the owner(s) of the interest conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the owner(s) of the real estate to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owner be a person under disability lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney, as well as the City Manager, Mayor, Director of Finance and other appropriate City officials shall be authorized and directed to take any and all action necessary in connection with condemnation or legal pro- ceedings to acquire for the City the appropriate real estate under Article 7, Section 33.1-89, et seq, of Chapter I of Title 33.1, of the Code of Virginia (1950), as amended, and Chapter 1.1, Section 25-46.1, et seq, of Title 25 of the Code of Virginia (1950), as amended, including, with-~-ui~ limitation, issuance, execution, and recordation of an appropriate certificate and accompanying docu- mentation pursuant to §33.1-119, et seq, Code of Virginia {1950), as amended, vesting title to the subject property immediately in the City, and the Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such pro- ceedings. 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. 227 ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of February, 1991. No. 30423-22591. A RESOLUTION electing and appointing Robert H. Bird as Municipal Auditor for the City of Roanoke effective February 25, 1991, and ratifying the terms and conditions of employment as Municipal Auditor offered to Mr. Bird by a certain letter. WHEREAS, the City Council desires to elect and appoint Robert H. Bird as Roanoke Municipal Auditor pursuant to the Roanoke Charter of 1952; and WHEREAS, Robert H. Bird has agreed to accept election and appointment as Municipal Auditor; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Robert H. Bird is hereby elected and appointed as Municipal Auditor of the City of Roanoke effective February 25, 1991. 228 2. The terms and conditions of Mr. Bird's election and appointment as Municipal Auditor shall be as set forth in the letter, dated February 11, 1991, from Howard E. Musser, Chairman of the Personnel Committee of City Council, to Mr. Bird, a copy of which is on file in the Office of the City Clerk. 3. With respect to benefits of employment not enumerated in such letter of February 11, 1991, Mr. Bird shall be accorded such benefits on the same basis as other similarly situated employees of the City. 4. Mr. Bird shall make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. 5. So long as Mr. Bird shall hold the office of Municipal this Resolution shall be effective until amended or repealed. Audi tor, ATTEST: -~~k~,-~,..~ City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of March, 1991. No. 30419-30491. AN ORDINANCE authorizing the appropriate City officials to enter into a renewal of the Lease Agreement with Allright Roanoke Parking, Inc., for premises located at the intersection of Tazewell Avenue and Williamson Road, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City, a lease agreement with Allright Roanoke Parking, Inc. for the premises located at the intersection of Tazewell Avenue and Williamson Road, Official Tax No. 4013803, on a month-to-month basis with rental at fifty five percent (55%) of gross receipts effective March 1, 1991, with maintenance of insurance levels in form and amount acceptable to City, cancellation to be upon thirty (30) days written notice, and as more specifically set forth in a report to this Council dated February 25, 1991, said lease agreement to be in form approved by the City Attorney. ATTEST: .~~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of March, 1991. No. 30420-30491. AN ORDINANCE granting a conditional permit for an existing structure, encroaching over and into the right-of-way of First Street, S. W., and a public alley, located adjacent to 410 First Street, S. W., Official Tax No. 1012308, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted the current owners, Credit Marketing and Management Association, formerly Roanoke Merchants Association, Inc., their grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1012308, otherwise known as 410 First Street, S. W., within the City of Roanoke, to maintain an encroachment by an existing building encroaching approximately 0.23 feet and 0.33 feet over and into First Street, S. W., and a public alley east of First Street, S. W., and north of Official Tax 229 No. 1012308, respectively, as more fully described in a report of the Water Resources Committee dated February 25, 1991, on file in the Office of the City Clerk. 2. Said permit, granted pursuant to §15.1-377, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the afore- said §15.1-377. 3. It shall be agreed by the permittee that, in maintaining such encroachments, said permittee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroach- ments over public right-of-way. 4. Permittee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the main- tenance and use of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $300,000.00 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. APPROVED ATTEST: City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of March, 1991. No. 30421-30491. AN ORDINANCE granting revocable license for the construction of certain building appendages encroaching over and into the right-of-way of Broadway Avenue, S. W., located at 2311 Broadway Avenue, S. W., Official Tax No. 1052679, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. A revocable license shall be and is hereby granted the current owners, Aston Condominium Homeowners' Association, Inc., their grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1052679, otherwise known as 2311 Broadway Avenue, S. W., within the City of Roanoke, to construct and maintain two brick columns approximately 20 inches by 20 inches in width and five feet in height encroaching approximately four feet over and into the public right-of-way of Broadway Avenue, S. W., as more fully described in a report of the Water Resources Committee dated February 25, 1991, on file in the Office of the City Clerk. 2. Said license, granted pursuant to §15.1-376, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the afore- said §15.1-376. 3. It shall be agreed by the licensee that, in maintaining such encroachments, said licensee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroach- ments over public right-of-way. 230 4. Licensee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the main- tenance and use of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $300,000.00 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by licensee, has been admitted to record, at the cost of the licenseee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so lon~as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: ~~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of March, 1991. No. 30422-30491. AN ORDINANCE providing for the sale of a parcel of surplus property owned by the City and located on Westport Avenue, S. W. at 20th Street, S. W. and bearing Official Tax No. 1310901. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Cox Cable Roanoke to purchase a parcel of land owned by the City and situated in this City located on Westport Avenue, S. W. at 20th Street, S. W. bearing Official Tax No. 1310901 for the consideration of $1,250.00 is hereby accepted. 2. The City Manager and City Clerk are authorized to execute and attest respectively on behalf of the City, the City's quitclaim deed of con- veyance subject to reservation by the City of Roanoke of easements for any sewer lines and water mains and other public utilities that may now be located on or across such property and any and all recorded restrictions, conditions, or ease- ments affecting the title of said property, and thereafter the City Attorney is authorized to tender said deed to Cox Cable Roanoke, Inc. or its authorized agent upon payment of the aforesaid $1,250.00. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of March, 1991. No. 30424-30491. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Forest Park Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 19th day of February, 1991, presented to this Council an application addressed to the State Board of Education for the purpose of borrowing from the Literary Fund, $2,500,000 for modernizing and improving the present school building at Forest Park Elementary School, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $2,500,000 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. 231 ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of March, 1991. No. 30425-30491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $13,750,439.00 Income Maintenance (1) ........................................ 3,581,112.00 Social Services - Services (2) ................................ 6,108,210.00 Employment Services (3) ....................................... 679,838.00 Revenues Grants-in-Aid Commonwealth $24,559,057.00 Welfare (4-5) ................................................. 4,950,945.00 1) Auxiliary Grant Program 2) Day Care Services 3) Day Care Services 4) Auxiliary Grant - Aged, Blind, Disabled 5) Purchased Services (001-054-5313-3120) (001-054-5314-3159) (001-054-5316-3159) (001-020-1234-0670) (001-020-1234-0683) $(75,000.O0) 40,000.00 110,000.00 (60,000.00) 135,000.00 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 4th Day of March, 1991. No. 30426-30491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General Fund Appropriations, and providing for an emergency. 232 WHEREAS, FOR THE USUAL DAILY OPERATION OF THE Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $13,688,432.00 Social Services - Services (1) ................................ 6,081,203.00 Nondepartmental 13,193,136.00 Contingency - General Fund (2) ................................ 1,387,994.00 1) Vehicular Equipment 2) Equipment Replacement Contingency (001-054-5314-9010) (001-002-9410-2202) $ 12,993.00 (12,993.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of March, 1991. No. 30427-30491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 959,584.00 Federal Investigation Subsidy (1) ................................ 306,564.00 Revenue Public Safety $ 959,584.00 Federal Investigation Subsidy (2) ............................... 306,564.00 1) Investigations and Rewards (035-050-3300-2150) $39,455.00 2) Federal Investigation Subsidy (035-035-1234-7060) 39,455.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk 233 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th Day of March, 1991. No. 30428-30491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $18,850,935.00 Grounds Maintenance (1) ....................................... 3,035,146.00 Nondepartmental 13,137,429.00 Contingency - General Fund (2) ................................ 941,671.00 1) Other Equipment (001-050-4340-9015) $ 68,700.00 2) Equip. Replacement Contingency (001-002-9410-2202) (68,700.00) 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 4th Day of March, 1991. No. 30429-3-491. A RESOLUTION accepting the bid of J. W. Burress, Inc., made to the City for furnishing and delivering one new street sweeper in accordance with City of Roanoke specifications, as set forth in its request for quotations dated January 28, 1991; 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 J. W. Burress, Inc., made to the City, offering to supply one new street sweeper, meeting all of the City's specifications, as set forth in its request for quotations dated January 28, 1991, for the total bid price of $68,700.00, f.o.b, destination, 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 procure- ment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk APPROVED 234 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th Day of March, 1991. No. 30433-31191. A RESOLUTION responding to a certain petition presented to City Council at its meeting of March 11, 1991. WHEREAS, at the March 11, 1991, meeting of City Council, the Greater Deyerle Neighborhood Association {GDNA) presented Council with a petition requesting Council to ratify a document described as a "consensus agreement" between the City administration and the GDNA; WHEREAS, Council, at its meeting of March 11, 1991, afforded represen- tatives of GDNA, including their Co-President and attorney, Jonathan M. Rogers, a full and fair opportunity to be heard on their request; and WHEREAS, Council likewise heard comments of other citizens in opposi- tion to the request of GDNA; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council finds that the public health, safety, welfare and con- venience needs of this City and its people are continually changing and that measures designed to address such needs cannot be permanent so as to preclude future City Councils and City Managers from responding within the scope of their respective authorities to meet such changing needs. 2. Council further finds that the traffic control measures hereto- fore implemented in the discretion of the City Manager in the Greater Deyerle Neighborhood, as well as in all neighborhoods of the City, must be continually evaluated and should be revised from time to time as necessary to meet changing public health, safety, welfare and convenience needs of this City and its people. 3. Council has not delegated to the City Manager the authority to enter into agreements binding the City to implement and maintain certain traffic control measures nor has Council authorized any agreement between the City and GDNA with respect to traffic control measures, including signage. 4. Council has not heretofore ratified any agreement beween the City and GDNA relating to traffic control measures, and Council expressly declines to ratify the document perceived by GDNA to be an "agreement". 5. Council commends the dispute resolution process engaged in by the City administration and GDNA inasmuch as it provided City officials with a much better understanding of neighborhood concerns and permitted the City Manager to voluntarily act to implement traffic control measures deemed by him appropriate to mitigate any adverse effects of motor vehicle traffic on the Greater Deyerle neighborhood. 6. Council appreciates the concerns of GDNA and directs the City Manager to continue to monitor traffic in this neighborhood, as well as City wide; to implement appropriate measures deemed by him appropriate to address public safety, health, welfare and convenience issues; to revise such measures from time to time as required to advance the public health, safety, welfare and convenience. 7. The City Clerk is directed to forward an attested copy of this resolution to Jonathan M. Rogers, Co-President and attorney for GDNA, and to James M. Ellison, Co-President, GDNA. ATTEST: City C1 erk APPROVED Vice-Mayor 235 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth Day of March, 1991. No. 30434-31191. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, FOR THE USUAL DAILY OPERATION OF THE Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $13,449,522.00 Transfers to Other Funds (1) .................................. 1,611,476.00 Revenue Miscellaneous Revenue $ 745,049.00 Payment in Lieu of Taxes - RRHA (2) ........................... 239,726.00 Capital Projects Fund Appropriations General Government $ 6,446,255.00 Downtown East Parking Garage (3) .............................. 354,726.00 Revenue Due from RRHA - Payment in Lieu of Taxes (4) .................. $ 115,000.00 1) Transfers to Capital Projects Fund (001-004-9310-9508) 2) Payment in Lieu of Taxes - RRHA (001-020-1234-0858) 3) Approp. from General Revenue (008-052-9605-9003) 4) Due from RRHA - Payment in Lieu of Taxes (008-1271) $ 239,726.00 239,726.00 354,726.00 115,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City C1 erk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th Day of March, 1991. No. 30435-31191. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, FOR THE USUAL DAILY OPERATION OF THE Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Capital Projects Funds 236 Appropriations, be, and the same are hereby, amended 'and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $13,209,796.00 Contingency (1) ............................................... 994,471.00 Transfers to Other Funds (2) .................................. 11,180,573.00 Capital Projects Fund Appropriations Streets and Bridges $ 8,373,462.00 Old Mountain Road Bridge Repairs (3) .......................... 15,900.00 1) Contingency 2) Transfers to Capital Projects Fund 3) Approp. from General Revenue (001-002-9410-2199) (001-004-9310-9508) (008-052-9646-9003) $(15,9oo.oo) 15,900.00 15,900,00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th Day of March, 1991. No. 30436-31191. A RESOLUTION ratifying an agreement with Hayes, Seay, Mattern & Mattern, Inc., to provide certain architectural and engineering services, speci- fically the design plans, specifications and contract administration for the emergency repair of the Old Mountain Road Bridge. BE IT RESOLVED by the Council of the City of Roanoke that an agreement with Hayes, Seay, Mattern & Mattern, Inc., to provide certain architectural and engineering services, specifically the design plans, specifications and contract administration for the emergency repair of the Old Mountain Road Bridge, nego- tiated under the emergency procurement provisions of §41 of the Charter of the City of Roanoke, is hereby RATIFIED, such agreement to be in an amount of $15,900.00. APPROVED City Clerk Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of March, 1991. No. 30430-31891. 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, Roanoke Memorial Hospitals 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 §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on said application by the City Council on March 11, 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. 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: All of Weller Lane, S. E. (formerly known as Lake Street, S. E.), all of Park Road, S. E., lying east of Jefferson Street, S. E., and a portion of Belleview Avenue, S. E., bet- ween Jefferson Street, S. E., and Hamilton Terrace, S. E. are, and they 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 any public utility, including, specifically, without limi- tation, 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 aban- donment 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 applicants' providing to the City a properly executed subdivision plat for review, approval and recordation, showing thereon the proper realignment and/or disposition of land within the vacated streets; and providing a comprehensive plan of development for review and approval, showing thereon the expansion of its facilities and private street construction; and, in the event these conditions have not been met within one (1) year from the effec- tive 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. 237 238 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 Roanoke Memorial Hospitals, and the names of any other parties in interest who may so request, as Grantees. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of March, 1991. No. 30431-31891. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 406, 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 RS-3, Residential Single-Family District, to C-1, 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 §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 petition at its meeting on March 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 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 pro- vided. 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. 406 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as two tracts of land lying south of Weller Lane, S.E. (formerly Lake Street) and Park Road, S. E., and south of the centerline of the old Mill Mountain Tramway, designated on Sheet No. 406 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4060504, 4060301 and part of 4060502, and all streets lying within said tracts, be, and is hereby rezoned from RS-3, Residential Single Family District, to C-1, Office District, subject to those conditions proffered by and set forth in the First Amended Petition to Rezone filed in the Office of the City Clerk on January 30, 1991, and that Sheet No. 406 of the Sectional 1976 Zone Map be changed in this respect. APPROVED ATTEST: ~CPL~4.~.___ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of March, 1991. No. 30432-31891. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke {1979), as amended, and Sheet No. 222, 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-1, Residential Multifamily, Low Density District, to RM-2, Residential Multifamily, Medium Density 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 §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 petition at its meeting on March 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 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 pro- vided. 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. 222 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a tract of land lying in the northeast quadrant of the interseciton of Hanover Avenue, N. W., and 17th Street, N. W., known as 1629 Hanover Avenue, N. W., designated on Sheet No. 222 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2220208, be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to RM-2, Residential Multifamily District, subject to those conditions proffered by and set forth in the Petition to Rezone filed in the Office of the City Clerk on February 14, 1991, and that Sheet No. 222 of the Sectional 1976 Zone Map be changed in this respect. 239 ATTEST: ~~ City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of March, 1991. No. 30437-31891. AN ORDINANCE authorizing the execution of Amendment No. 4 to Short Term CDBG Float Loan Agreement, as amended by Amendment Nos. 1, 2, and 3, 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 refi- nancing of the rehabilitation and redevelopment of the City Market Building; 240 WHEREAS, Downtown Associates requested an extension of the loan period to November 23, 1990, in order to allow more time for developing of market leasing; WHEREAS, by Ordinance Nos. 29824-111389, 30311-111990, and 30357-10791, adopted November 13, 1989, November 19, 1990, and January 7, 1991, respectively, City Council authorized the execution of Amendment Nos. 1, 2 and 3 to the Agree- ment, 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. 3 becomes due and payable on March 21, 1991, and Downtown Associates has requested a sixty (60) day extension 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. 4 to the Short Term CDBG Float Loan Agreement, dated November 5, 1987, as amended, which Agreement provided for the loan of $962,000 in Community Development Block Grant funds to Downtown Associates, with interest at the rate of three percent (3%) per annum, payable in arrears, as amended; such Amendment No. 3 to be in the form as is attached to the report of the City Manager dated March 18, 1991, and to be subject to the terms and conditions therein; such Amendment No. 4 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. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of March, 1991. No. 30438-31891. 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 providing for the assignment of certain options to that individual, 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 sub- standard housing, contingent upon approval by the Virginia Housing Development Authority (VHDA) of State rehabilitation loans. WHEREAS, Council has previously authorized the execution of a certain option agreement 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 con- nection with the City's Home Purchase Assistance Program to the individual iden- tified in the City Manager's report dated March 18, 1991, upon the terms and conditions set forth therein. 241 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 Deborah A. Turner, as set forth in the report of the City Manager dated March 18, 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 Deborah A. Turner, which loan amount shall not exceed $22,000.00 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 1433 Gladstone Avenue, S. E., subject to approval of $20,000.00 in rehabi- litation financing from the Commonwealth of Virginia, all of which is in accor- dance with the recommendations contained in the City Manager's report dated March 18, 1991. 4. 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. 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 §26-49, 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 deed of trust and delivery of the cancelled deed of trust note to the person or per- sons by whom it was paid, the City Manager shall be authorized to execute a cer- tificate 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. 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. ATTEST: /~~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of March, 1991. No. 30439-31891. AN ORDINANCE providing for an adjustment of the fees charged at the Municipal Parking Garage, the Williamson Road Parking Garage and the Market Square 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 Municipal Parking Garage (Church Avenue) shall be amended in accordance with the following schedule effective July 1, 1991: Element Rate Monthly $ 44.00 Each 1/2 hour or portion thereof .80 Maximum per 24 hours 3.00 After 5:00 p.m. weekdays and Saturday Free 242 2. The parking fees in the Williamson Road Parking Garage shall be amended in accordance with the following schedule effective July 1, 1991: Element Rate Monthly $ 42.40 3. The parking fees in the Market Square Parking Garage shall be amended in accordance with the following schedule effective July 1, 1991: Element Rate Monthly One Hour Two Hours Three Hours Four Hours Five Hours and longer After 6:00 p.m. to closing After 9:00 p.m. to closing without attendant $ 50.00 .75 1.50 2.25 3.25 4.25 1.50 Free 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 18th Day of March, 1991. No. 30440-31891. A RESOLUTION authorizing the execution of a contract with Hayes, Seay, Mattern and Mattern, Inc. to provide engineering services in connection with utility relocation 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, an agreement with Hayes, Seay, Mattern and Mattern, Inc. for the provision by such firm of utility relocation engineering design services, as more particularly set forth in the March 18, 1991 report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $58,200.00. 3. The form of the contract with such firm shall be approved by the City Attorney. APPROVED ATTEST: ~t~t~t_ City Clerk 243 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of March, 1991. No. 30441-318901. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 13,206,129.00 Contingency - General Fund (1) ................................. ( 859,471.00) Transfers to Other Funds (2) ................................... 11,300,006.00 Capital Fund Appropriations Streets and Bridges Old Mountain Road Bridge Repairs (3) .......................... $ 8,492,562.00 135,000.00 1) Contingency (001-002-9410-2199) 2) Transfers to Capital Fund (001-004-9310-9508) 3) Approp. from General Revenue (008-052-9664-9003) $(135,000.00) 135,000.00 135,000.00 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 18th Day of March, 1991. No. 30442-31891. AN ORDINANCE accepting the bid of Lanford Brothers Company, Incorporated, for repairs to the Old Mountain Road Bridge, upon certain terms and conditions, and awarding a contract therefore; authorizing the appropriate 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 Lanford Brothers Company, Incorporated, in the total amount of $112,047.00 and 90 consecutive calendar days, for the repair of the Old Mountain Road Bridge, as more particularly set forth in the March 18, 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. 244 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 25th Day of March, 1991. No. 30443-32591. A RESOLUTION authorizing the filing of a grant application with the Commonwealth of Virginia Department of Criminal Justice Services for a pretrial services program. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A grant application to the Commonwealth of Virginia Department of Criminal Justice Services seeking funding in the amount of $78,273 with a local cash match of $26,090 for continuation of a program entitled "Roanoke City Pretrial Services Program" to be performed between July 1, 1991, and June 30, 1992, is hereby authorized. 2. The City Manager, or the Assistant City Manager, and the Director of Finance are hereby authorized to execute such grant application for and on behalf of the City of Roanoke. ATTEST: Deputy City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of March, 1991. No. 30444-32591. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby,, amended and reordained to read as follows, in part: Appropriations Public Works $18,830,537.00 Refuse Collection (1) ......................................... 4,212,573.00 Revenues Miscellaneous Revenue $ Miscellaneous (2) ............................................. 520,323.00 243,479.00 245 1) Fees for Professional Services (001-052-4210-2010) $15,000.00 2) Contributions (001-020-1234-0883) 15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of March, 1991. No. 30445-32591. A RESOLUTION accepting the gifts of the Virginia Soft Drink Association, Incorporated, and the Roanoke Valley Beer and Wine Wholesalers' Association made to the City on behalf of the City's curbside recycling program. WHEREAS, the City has established a voluntary curbside recycling program intended to promote the recycling of, among other items, certain glass, aluminum and paper products; WHEREAS, funds are needed to promote public education with respect to such program; WHEREAS, the Virginia Soft Drink Association, Incorporated, has offered to donate $10,000 to the City, and the Roanoke Valley Beer and Wine Wholesalers' Association has offered to donate $5,000 to the City; WHEREAS, the donated funds will be used for production of 10,000 infor- mational brochures explaining how the recycling program works and for public service announcements; and WHEREAS, Council is desirous of accepting these gifts and expressing the appreciation of the City to the two donors; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The gifts of the Virginia Soft Drink Association, Incorporated, and the Roanoke Valley Beer and Wine Wholesalers' Association, in the amounts of $10,000 and $5,000, respectively, are hereby accepted by the City. 2. The appreciation of the City is expressed to the Virginia Soft Drink Association, Incorporated, and the Roanoke Valley Wine and Beer Wholesalers' Association for their gracious and public-spirited contributions which will promote recycling of glass, metal and paper products. 3. The City Clerk is directed to forward an attested copy of this resolution to the Virginia Soft Drink Association, Incorporated, c/o Garry G. DeBruhl, Executive Director, and to the Roanoke Valley Beer and Wine Wholesalers' Association, c/o Robert A. Archer. ATTEST: Deputy City Clerk APPROVED Mayor 246 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of March, 1991. No. 30446-32591. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $ 489,622.00 Emergency Shelter Grant - FY91 (1) ............................ 41,000.00 Revenue Heal th and Wel fare Emergency Shelter Grant - FY91 (2) ............................ $ 489,622.00 41,000.00 1) Operating Expenditures 2) Federal Grant Receipts (035-054-5122-2210) (035-035-1234-7090) $41,000.00 41,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance, shall be in effect from its passage. ATTEST: Deputy City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of March, 1991. No. 30447-32591. 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: 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 March 14, 1991, of a grant of Federal funds under Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act of 1987, 42 U.S.C. 11301 (1988), and other provisions of federal and law 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-91-MC-51-0005 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, per- taining to the assistance provided. 3. Upon execution of the City's acceptance of said offer and execu- tion 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. 247 ATTEST: Deputy City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of March, 1991. No. 30448-32591. A RESOLUTION providing for lease of a new 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 vehicle; 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 Magic City Motor Corporation offering to lease to the City for use by the Sheriff's Department one new 8-passenger window van at a monthly rental rate of $473.98, for a term of 48 months, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized to issue any required purchase order for the lease of such vehicle, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required lease agreement with respect to the aforesaid vehicle, any such agreement to be in such form as shall be approved by the City Attorney. 3. The other bid made to the City for the supply of such vehicle is hereby rejected, and the City Clerk is directed to notify such other bidder and to express the City's appreciation for their bid. ATTEST: Deputy City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of March, 1991. No. 30449-32591. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby? amended and reordained to read as follows, in part: 248 Appropriations Public Safety $28,670,732.00 Fire Operation (1) ............................................ 10,064,330.00 Non-departmental $12,951,129.00 Transfers to Other Funds (2) .................................. 10,910,006.00 Fund Balance Capital Maintenance Equipment Replacement Program-City Unappropriated (3) ............................................ Reserved for Insurance Claims - City (4) ........................ 60,151.00 1,071,770.00 Revenue Sale of Property (5) ............................................ 310,000.00 1) Vehicular Equipment (001-050-3213-9015) 2) Transfers to Debt Service (001-004-9310-9512) 3) CMERP-City (001-3323) 4) Reserved for Insurance-City (001-3327) 5) Sale of Surplus Property (001-020-1234-0861) $ 1,421,621.00 ( 255,000.00) ( 926,621.00) ( 200,000.00) 40,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of March, 1991. No. 30450-32591. A RESOLUTION accepting the bids of Grumman Emergency Products, Inc. for furnishing and delivering certain fire equipment to the City; 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 Grumman Emergency Products, Inc. made to the City offering to furnish and deliver to the City, F.O.B., Roanoke, Virginia, one (1) new aerial ladder truck with specified operational equipment for the sum of $420,581.00, such bid being in full compliance with the City's specifications made therefor, as more fully set forth in the report of the City Manager dated March 25, 1991, is hereby ACCEPTED. 2. The bid of Grumman Emergency Products, Inc. made to the City offering to furnish and deliver to the City, F.O.B., Roanoke, Virginia, five (5) new 1,500 G.P.M. pumping engines with operational equipment and performance bond for the sum of $1,001,040.00, such bid being in full compliance with the City's specifications made therefor as modified through negotiations between the City and the bidder in accordance with Section 23.1-14.(c), Code of the City of Roanoke (1979), as amended, as more fully set forth in the report of the City Manager dated March 25, 1991, is hereby ACCEPTED. 3. The City's Manager of General Services is authorized and directed to issue the requisite purchase orders therefor, incorporating into said orders the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this resolution. 249 4. The other bids made to the City for the supply of such equipment are hereby rejected, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30451-40191. AN ORDINANCE accepting a bid for certain food and beverage concession services at the Roanoke Civic Center upon certain terms and conditions, and authorizing the execution of an appropriate concession agreement. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of The Swanson Corporation which bid complies with all City specifications for food and beverage concession privileges at the Roanoke Civic Center for an initial term of five years including minimum total capital investment for specific food and beverage system improvements of $170,000.00 and minimum percentages of gross sales to be paid to the City for services as more particularly set forth in the report to this Council from the Roanoke Civic Center Commission Chairman dated March 25, 1991, is hereby ACCEPTED. 2. 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, the appropriate concession agreement with the aforesaid con- cessionaire. Such agreement shall contain all the terms, provisions, and con- ditions as set forth in City's form of request for bid. 3. The other bid made to the City for the aforesaid concession is hereby rejected, and the City Clerk is directed to notify such bidder and express the City's appreciation for such bid. ATTEST: ~L~L~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30453-40191. 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 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 $19,000,000.00 (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 one or more of (1) an apartment complex located at 1716 Hershberger Road, N. W., in the City of Roanoke, Virginia (the "City"), known as Park Towne Apartments and having 216 units; (2) an apartment complex located at 25O 2755 Brandon Avenue, S. W., in the City, known as Brandon Ridge Apartments and having 120 units; (3) an apartment complex located at 2754 Brandon Avenue, S. W. in the City, known as Brandon West Apartments and having 84 units; (4) an apart- ment complex located at 2100 Southall Place, S. W. (near the intersection of Brandon Avenue, S. W., and Mudlick Road, S. W.) in the City, known as Colonial Yorktown Homes and having 104 units; and (5) an apartment complex located at 100 Kimball Avenue in the City of Salem, Virginia, known as Mount Regis Village Apartments and having 168 units (collectively, including all common areas and facilities comprising a part of such complexes, the "Facilities"), and has held a public hearing thereon on March 25, 1991; and WHEREAS, the Facilities will be owned and operated by the Developer (or such corporation or limited partnership), except that the Facilities might ulti- mately be managed by an unrelated entity employed for that purpose by the owner of the Facilities; and WHEREAS, the maximum amount of the proceeds from the sale of the Bonds expected to be expended with respect to each of such complexes is as follows: (1) Park Towne Apartments, $5,200,000.00, (2) Brandon Ridge Apartments, $2,800,000.00, (3) Brandon West Apartments, $2,800,000.00, (4) Colonial Yorktown Homes, $3,200,000.00, and (5) Mount Regis Village Apartments, $5,000,000.00; and WHEREAS, the Authority issues its bonds on behalf of 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 approved the financing of the Facilities 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 Facilities. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.1378.1 of the Virginia Code, does not consti- tute an endorsement of the Bonds, the creditworthiness of the Developer (or such corporation or limited partnership) or the financial viability of the Facilities. 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 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 nor 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 purposes 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 Facilities and thereby assist in planning, developing, acquiring, constructing, rehabilitating and equipping residential buildings. 4. This resolution shall take effect immediately upon its adoption. ATTEST: City Clerk APPROVED 251 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30454-40191. 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 as follows: 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 1, 1991, 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 par- ticipation 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: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30455-40191. A RESOLUTION authorizing a certain contract to be entered with the State Board of Health relating to the operation of the local Health Department. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to enter into a written contract with the State Board of Health pursuant to §32.1-31, Code of Virginia (1950), as amended, such contract establishing the financial contribu- tions 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 April 1, 1991, and on file in the Office of the City Clerk, upon approval of the form of the contract by the City Attorney and upon such other terms and conditions as are provided therein. ATTEST: /'?~l_~.c~ City Clerk APPROVED Mayor 252 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30456-40191. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for services provided in connection with the realignment and reconstruction of Thirlane Road, N.W.; 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 Hayes, Seay, Mattern & Mattern, Inc., dated May 8, 1989, in order to provide additional ser- vices to be performed in connection with the realignment and reconstruction of Thirlane Road, N.W. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 176,000.00 $ 180,742.58 CONTRACT AMOUNT WITH PREVIOUS CHANGE ORDER CHANGE ORDER NO. 2 Provide for the additional design and coordination services as set forth in the City Manager's report to City Council dated April 1, 1991 $ 9,646.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 $ 190,388.58 Additional calendar days resulting from Change Order No. 2 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 City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30457-40191. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 253 Appropriations Public Works $18,891,117.00 Refuse Collection (1) ......................................... 4,273,153.00 Non-departmental 13,167,089.00 Contingency - General Fund (2) ................................ 971,331.00 1) Vehicular Equipment 2) Equipment Replacement Contingency (001-052-4210-9010) (001-002-9410-2202) $ 75,580.00 (75,580.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~d;~-~c~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30458-40191. A RESOLUTION accepting certain bids made to the City for furnishing and delivering one new 20 cubic yard refuse truck, 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 Fulton Trucks, Inc., offering to supply one new refuse truck cab/chassis delivered to the body manufacturer, meeting all of the City's specifications and requirements therefor, for the total bid price of $55,700.00, which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The bid of Cavalier Equipment Corporation, offering to supply one new 20 cubic yard refuse body to be mounted on the new refuse truck cab/chassis supplied by Fulton Trucks, Inc., and delivered f.o.b. Roanoke, Virginia, meeting all of the City's specifications and requirements therefor, for the total bid price of $19,800.00, 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 bidders' proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procure- ment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk APPROVED 254 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30459-40191. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Street Maintenance (1) ........................................ Non-departmental Contingency - General Fund (2) ................................ $18,938,912.00 2,490,184.00 13,119,294.00 923,536.00 1) Vehicular Equipment 2) Equipment Replacement Contingency (001-052-4110-9010) (001-002-9410-2202) 123,375.00 (123,375.00) 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 1st Day of April, 1991. No. 30460-40191. A RESOLUTION accepting the bid of Linear Dynamics, Inc., made to the City for furnishing and delivering one new paint striping machine; 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 Linear Dynamics, Inc., made to the City, offering to supply one new paint striping machine meeting all of the City's specifications and requirements therefor, for the total bid price of $123,375.00, 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 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 procure- ment 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 C1 erk 255 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30462-40191. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Purification $ 918,945.00 Other Charges (1) ............................................. 297,376.00 Retained Earnings Retained Earnings - Unrestricted (2) .......................... $ 15,796,378.00 1) Chemicals (002-056-2170-2045) $ 75,000.00 2) Retained Earnings (002-3336) (75,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~d~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30463-40191. A RESOLUTION establishing certain water service connection and meter rates for this City effective May 1, 1991. BE IT RESOLVED by the Council of the City of Roanoke that the water service connection and meter rates for the City of Roanoke shall be as set forth in Attachment A attached hereto, which is hereby incorporated by reference herein, such rates to be effective for all water and sewer statements rendered on or after May 1, 1991. APPROVED ATTEST: ~k_~,~_~ City Clerk 256 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st Day of April, 1991. No. 30465-40191. A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill an unexpired portion of a four (4) year term on its Board of Directors. WHEREAS, Samuel J. Krisch, II, heretofore appointed by the Council as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on October 21, 1986, and expiring on October 20, 1990, has continued to serve, pursuant to §15.1-1377, Code of Virginia {1950), as amended, because no successor to Mr. Krisch has been appointed and qualified; and WHEREAS, §15.1-1377 of the Code of Virginia (1950), as amended, provi- des 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 J. Darryl Burks is hereby appointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, to fill an unexpired term which commenced on October 21, 1990, and expires on October 20, 1994. ATTEST: ~ C~ity Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of April, 1991. No. 30452-40891. 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 per mit automobile racing at Victory Stadium on May 27, 1991, July 5, 1991, and September 2, 1991, subject to the terms and conditions of the agreement. 2. The license agreement shall be substantially as set forth in the attachment to the April 1, 1991, report of the City Manager to Council, and the form of the agreement shall be approved by the City Attorney. ATTEST: ~~ City Clerk APPROVED 257 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of April, 1991. No. 30461-40891. AN ORDINANCE amending and reordaining subsection (a) of §2-179, Investment of surplus funds, Code of the City of Roanoke (1979), as amended, enumerating securities in which City funds in excess of those required for imme- diate payment may be lawfully invested. BE IT ORDAINED by the Council of the City of Roanoke that subsection (a) of §2-179, Investment of surplus funds, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §2-179. Investment of surplus funds. (a) Whenever the director of finance shall determine and report to the city investment committee that there is on hand in the city treasury funds or cash resources in excess of the city's requirements for immediate payment, such funds and cash resources, other than sinking funds, may be invested in the name of the city in the following securities which are and shall be considered lawful investments: (1) Obligations of the Commonwealth. - Stocks, bonds, notes, and other evidences of indebtedness of the Commonwealth of Virginia, and those unconditionally guaranteed as to the payment of principal and interest by the Commonwealth of Virginia. (2) Obligations of the United States, etc. - Stocks, bonds, treasury notes and other evidences of indeb- tedness of the United States, including the guaranteed portion of any loan guaranteed by the Small Business Administration, an agency of the United States government, and those unconditionally guaranteed as to the payment of principal and interest by the United States; and bonds of the District of Columbia, and bonds and notes of the Federal National Mortgage Association and the Federal Home Loan Banks, and bonds, debentures or other similar obligations of federal land banks, federal intermediate credit banks, or banks of cooperatives, issued pursuant to acts of Congress, and obligations issued by the United States Postal Service when the principal and interest thereon is guaranteed by the government of the United States. The evidences of indebtedness enumerated by this paragraph may be held directly or in the form of securities of any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, provided that the portfolio of such invest- ment company or investment trust is limited to such evidences of indebtedness. (3) Obligations of Virginia counties, cities, etc. - Stocks, bonds, notes and other evidences of indeb- tedness of any county, city, town, district, authority or other public body in the Commonwealth of Virginia upon which there is no default; pro- vided, that if the principal and interest be payable from revenues or tolls and the project has not been completed, or if completed, has not established an operating record of net earnings available for payment of principal and interest equal to estimated requirements for that purpose according to the terms of the issue, the standards of judgment and care required in §26-45.1, Code of Virginia (1950), as amended, without reference to this section, shall apply. 258 In any case in which an authority, having an established record of net earnings available for payment of principal and interest equal to esti- mated requirements for that purpose according to the terms of the issue, issues additional evidences of indebtedness for the purposes of acquiring or constructing additional facilities of the same general character that it is then operating, such additional evidences of indebtedness shall be governed fully by the provisions of this section without limitation. (4) Obligations of International Bank, Asian Develop- ment Bank and African Development Bank. - Bonds and other obligations issued, guaranteed or assumed by the International Bank for Reconstruction and Development, by the Asian Development Bank or by the African Development Bank. (5) Savings accounts and certificates. - Savings accounts and certificates of savings institutions which are under Commonwealth supervision, and of federal institutions located in this Commonwealth and organized under the laws of the United States and under federal supervision. Such deposits shall not exceed the amount insured by the Federal Deposit Insurance Corporation or other federal insurance agency, unless such deposits in excess of the amount insured shall be fully collateralized by eligible collateral as defined in §2.1-360(e), Code of Virginia (1950), as amended, by Government National Mortgage Association Pass-through Certifi- cates, by Federal National Mortgage Association Guaranteed Pass-through Certificates, by Federal Home Loan Mortgage Corporation Participation Certificates or secured as provided by the Virginia Security for Public Deposits Act (§2.1-359, et. seq., Code of Virginia (1950), as amended). No such deposit shall be made for any one period in excess of five (5) years. (6) Demand and time deposits and certificates of depo- sit. - Demand and time deposits and certificates oldeposits of national banks located within this Commonealth and of statechartered banks provided that such deposits are secured as provided by law, and further provided that no such deposit shall be made for any one period in excess of five (5) years. Such deposits shall not exceed the amount insured by the Federal Deposit Insurance Corporation or other federal insurance agency, unless such deposits in excess of the amount insured shall be fully collateralized as required by subsection (5) above for savings accounts and certificates. (7) Bankers' acceptances. - Domestic bankers' accep- tances from '~rime quality" institutions. "Prime quality" shall mean a rating of B/C or better in the Keefe, Bruyette & Woods, Inc. ratings. (8) Commercial paper. - "Prime quality" commercial paper, with a maturity of 270 days or less, of issuing corporations organized under the laws of the United States, or of any state thereof including paper issued by banks and bank holding companies. "Prime quality" shall be as rated by the Moody's Investors Service, Inc., within its NCO/Moody's rating of prime I and by Standard & Poor's, Inc., within its rating of A-1 or by their corporate successors, provided that at the time of any such investment: i. The issuing corporation, or its guarantor, has a net worth of at least fifty million dollars; and ii. The net income of the issuing corporation, or its guarantor, has averaged three million dollars per year for the previous five years; and iii. All existing senior bonded indebtedness of the issuer, or its guarantor, is rated "A" or better by Moody's Investors Service, Inc., and Standard & Poor's, Inc. Not more than thirty-five percent of the total funds available for investment may be invested in cor, mercial paper, and not more than five percent of the total funds available for investment may be invested in com- mercial paper of any one issuing corporation. (9) Overnight, term and open repurchase agreements. - Overnight, term and open repurchase agreements which are collateralized by United States Treasury agency securities. Such collateral shall, at all times, be no less than 110% of the value of term and open repurchase agreements and 102% of the value of overnight repurchase agreements. (10) Certificates representing treasury bond principal or coupons. - Certificates representing ownership of either treasury bond principal at maturity or its coupons for accrued periods. The underlying United States Treasury bonds or coupons shall be held by a third-party independent of the seller of such cer- tificates. (11) Securities lending. - Securities lending from the portfolio of investments of which the city has custody and control. Such lending shall comply with guidelines promulgated by the State Treasury Board. (12) Money market funds. - One or more open-end investment funds, provided that the funds are registered under the Securities Act (§13.1501 et seq.) of the Commonwealth of Virginia or the Federal Investment Co. Act of 1940, and that the investment of such funds is restricted to investments otherwise permitted by law as set forth in Chapter 18 (§2.1-327 et seq.) of Title 2.1, Code of Virginia (1950), as amended. (13) Corporate notes. - High quality corporate notes with a rating of at least Aa by Moody's Investors Service, Inc., and a rating of at least AA by Standard and Poors, Inc., and a maturity of no more than five (5) years. 259 ATTEST: ~~ City C1 erk APPROVED 260 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of April, 1991. No. 30464-40891. AN ORDINANCE declaring a certain structure located in the Roanoke Centre for Industry and Technology surplus and authorizing its removal. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The former Douthat home located on City property acquired for the Roanoke Centre for Industry and Technology is hereby declared to be surplus to the City's needs. 2. The City Manager is authorized to provide for removal of the above described structure from the property by relocation or demolition, as more par- ticularly set forth in the report on this subject from the Water Resources Committee to this Council dated April 1, 1991. APPROVED "V~'~ ~-~'ATTEST: ~,~.~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of April, 1991. No. 30468-40891. A RESOLUTION authorizing a contract to be entered with the Commonwealth of Virginia Department of Social Services for the procurement of certain ser- vices at Youth Haven I by the County of Roanoke's Department of Social Services for fiscal year 1991-92. 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 Services, for the fiscal year 1991-92, with payment for such services to be made by the County of Roanoke's Department of Social Services to the City from Title XX funds; 2. The form of the contract shall be approved by the City Attorney. ATTEST: City C1 erk APPROVED Mayor 261 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of April, 1991. No. 30469-40891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Non-departmental Contingency - General Fund (1) ................................ Transfers to Other Funds (2) .................................. $ 13,454,150.00 1,011,011.00 11,440,632.00 Capital Fund Appropriations Other Infrastructure $ 16,482,113.00 Fire Alarms (3) ............................................... 20,000.00 1) Equipment Replacement Contingency 2) Transfers to Capital Fund 3) Appropriation from General Revenue (001-002-9410-2202) (001-004-9310-9508) (008-052-9665-9003) $(2o,ooo.oo) 20,000.00 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 8th Day of April, 1991. No. 30470-40891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Sewage Fund Appropriations, be, and the same are hereby~ amended and reordained to read as follows, in part: Appropriations Administrative $ 2,140,406.00 Contractural Services (1) ..................................... 1,458,518.00 Maintenance 847,589.00 Other Charges (2) ............................................. 514,842.00 262 1) Fees for Professional Services 2) Maintenance Equipment (003-056-3150-2010) (003-056-3155-2048) $(45,143.00) 45,143.00 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 8th Day of April, 1991. No. 30471-40891. A RESOLUTION authorizing the purchase of a new rotor assembly for the Regional Sewage Treatment Plant upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City's Manager of General Services is hereby authorized and directed to issue a requisite purchase order for the purchase of a new rotor assembly to repair No. 7 blower unit at the Regional Sewage Treatment Plant at a cost of $45,143.00 from Dresser Industries, said vendor being the only source practically available for this needed part as more particularly set forth in the report to this Council dated April 8, 1991, from the City Manager. ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th Day of April, 1991. No. 30466-41591. 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 appli- cation 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 §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on said application by the City Council on April 8, 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 right-of-way have been properly notified; and 263 WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain lO-foot alley located approximately 556.71 feet west of Third Street, S. W., and extending approximately 160 feet in a southerly direction from the southerly side of Luck Avenue, 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, including, specifically, without limitation, provi- ders 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 applicants' providing to the City verification that the title to the alley sections can be properly established, if vacated, and that such verification will be provided to the City at least seven days prior to the public hearing on the application; providing to the City a properly executed subdivision plat for review, approval and recordation, showing thereon the addi- tion or division of subject alley to either or both of the adjacent properties which are currently owned by First Baptist Church; and in the event these con- ditions have not been met 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: APPROVED City Clerk Mayor 264 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th Day of April, 1991. No. 30467-41591. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 547 and 548, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions prof- fered 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 RS-3, Residential Single Family District, to RA, Residential Agricultural 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 §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 the Second Amended Petition at its meeting on April 8, 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 pro- vided. 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 Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land lying at 4210 Southern Hills Drive, being Lots i and 2, Block 4, Section 1, Southern Hills (formerly referred to as Lots i and 2, Section 4), and Lots 1, 2, and 3, Block 8, Section 2, Southern Hills, Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 5480401, 5480402, 5470501, 5470502 and 5470503, be, and is hereby rezoned from RS-3, Residential Single Family District, to RA, Residential Agricultural District, subject to those conditions proffered by and set forth in the Third Amended Petition to Rezone filed in the Office of the City Clerk on March 11, 1991, and that Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th Day of April, 1991. No. 30472-41591. 265 A RESOLUTION recognizing the Arts Council of the Blue Ridge as the appropriate organization to advise this Council on development of the arts in the City of Roanoke. WHEREAS, the Arts Council of the Blue Ridge (formerly known as the Arts Council of the Roanoke Valley) was formed as a nonprofit corporation in 1979; and WHEREAS, the purpose of the Arts Council of the Blue Ridge is to pro- mote and advocate the arts, to develop arts audiences and educational programs and to provide services for artists and arts organizations in the City of Roanoke and in the Blue Ridge Region; and WHEREAS, the Arts Council of the Blue Ridge desires to stimulate greater governmental and public awareness of the importance of the arts; and WHEREAS, the Arts Council of the Blue Ridge wants to support the City of Roanoke's own artists, institutions, organizations and audiences; and WHEREAS, the Arts Council of the Blue Ridge is a service agency, with the primary emphasis on existing local arts organizations and artists; and WHEREAS, the Arts Council of the Blue Ridge is recognized by the Virginia Commission of the Arts, and the National Endowment of the Arts as the appropriate body to disseminate information to City organizations and artists. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Arts Council of the Blue Ridge shall be recognized as the appropriate organization to advise this Council on development of the arts in the City of Roanoke. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th Day of April, 1991. No. 30473-41591. AN ORDINANCE authorizing a Voluntary Retirement Incentive Program; establishing the terms and conditions of such Program; and providing for an emergency. WHEREAS, a survey has been conducted of City employees who are currently eligible to retire under the City of Roanoke Pension Plan ("Plan") as established by Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; WHEREAS, such survey has determined that more than one hundred of such employees would desire to retire under a Voluntary Retirement Incentive Program (Program") or would consider retiring under such Program; WHEREAS, implementation of the Program established by this ordinance will facilitate the City's down-sizing effort, encourage possible reorganization and reduce future operating costs; and 266 WHEREAS, City Council is desirous of implementing this Program for cer- tain City employees who are eligible for normal service re tirement under the Plan on July 1, 1991; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City of Roanoke Voluntary Retirement Incentive Program ('mprogram") shall be available to members of the Employees' Supplemental Retirement System ("ESRS") or the Employees' Retirement System ("ERS"), collec- tively referred to herein as the City of Roanoke Pension Plan ("Plan"), who on July 1, 1991, are eligible for normal service retirement under §22.1-44(a), Code of the City of Roanoke (1979), as amended ("City Code") (ESRS), or under §22.1-62(a) of the City Code (ERS). 2. Members of the Plan voluntarily electing to participate in the Program in accordance with this ordinance shall receive the following incen- tives: (a) A monthly sum equal to ten dollars ($10.00) for each year (rounded up to the next whole year) of creditable service in the Plan to be paid to a member through the month that he attains the age of sixty-five (65) years; and (b) An additional incentive at the option of the member as follows: (1) 1.5 months of additional creditable service for each year of creditable service (creditable service being rounded up to the next whole year) and added to actual creditable service; or (2) calculation of average final compensation based on gross biweekly earnable compensation (defined by §22.1-2 of the City Code) as of July 1, 1991, annualized, rather than pursuant to §22.1-39 (ESRS) or §22.1-55 (ERS) of the City Code. 3. The following limitations shall apply with respect to the incen- tives authorized by Paragraph 2 of this ordinance: (a) The monthly sum provided pursuant to subsection (a) of Paragraph 2 shall be paid to a member only and shall terminate in the calen- dar month following the calendar month in which the member attains the age of sixty-five (65) years or the calendar month of the member's death, whichever occurs first; (b) Any spousal or beneficiary allowance authorized under the Plan shall be calculated without regard to the monthly sum paid pur- suant to Paragraph 2(a); (c) Any cost of living adjustment provided in the future for retired members of the Plan shall be based upon monthly pension benefit only without regard to any monthly sum paid pursuant to subsection (a) of Paragraph 2; (d) Additional creditable service added to a member's creditable ser- vice account by operation of subsection (b)(1) of Paragraph 2 shall not be used to qualify a member for participation in this Program. (e) Notwithstanding §22.1-11(b) of the City Code, any member retiring under this Program who is reemployed by the City shall, upon his second or successive retirement, have his pension calculated without regard to the incentives authorized by Paragraph 2. 4. The Program shall have no application to: (a) members of City Council; (b) officers elected by City Council pursuant to §8 of the City Charter; (c) employees of the City of Roanoke School Board; (d) employees of the Health Department; (e) employees of the court service unit serving the Juvenile and Domestic Relations District Court; (f) officers and employees of the General District Court and the Juvenile and Domestic Relations District Court; and 267 (g) employees of the Roanoke Regional Airport Commission ("RRAC") and the Roanoke Valley Regional Solid Waste Management Board ("RVRSWMB"); provided, however, any such employee of RRAC or RVRSWMB shall be eligible to participate in this Program with the approval of his governing body and entry into an agreement between his governing body and the Plan by which such governing body agrees to assume the additional costs to the Plan incurred by vir- tue of operation of Paragraph 2(a). 5. Any member eligible to participate in the Program authorized by this ordinance shall file written application therefor upon form prescribed by the Secretary-Treasurer of the Plan. Such application shall be filed with the Office of the Secretary-Treasurer on or after April 22, 1991, and not later than the close of business on June 21, 1991. Any member filing an application for participation in this Program shall have the absolute right to withdraw such application for seven (7) calendar days after the date of its filing, after which time all applications shall be deemed final and irrevocable. 6. Retirement under this Program shall be effective July 2, 1991; provided, however, constitutional officers electing to retire under this Program shall be permitted in their discretion to retire on or after July 2, 1991, and not later than August 31, 1991, and, provided further, the City Manager shall be authorized to designate certain job classifications within the City service as critical to the public health, welfare and safety, and any member holding such classification may be required to delay the effective date of his retirement to a date not later than December 31, 1991. 7. Pension benefits for all members retiring under this Program shall be calculated as of July 1, 1991, regardless of actual date of commencement of retirement. 8. Provisions of the Plan as set forth in the City Code, including definitions, shall apply to this Program, except to the extent of any incon- sistency between this ordinance and provisions of the Plan, in which case this ordinance shall prevail. 9. The Program established by this ordinance shall be entirely volun- tary, and no member shall be compelled or coerced to retire pursuant to this Program. 10. Any word in this ordinance importing the masculine gender only may extend and be applied to females as well as males. 11. In order to provide for the usual daily operation of the munici- pal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its adoption. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th Day of April, 1991. No. 30474-41591. A RESOLUTION authorizing the execution of an amendment to the existing contract with Hayes, Seay, Mattern and Mattern to provide for modifications to the Falling Creek Dam Spillway, 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 an amendment to the City's existing contract with Hayes, Seay, Mattern and Mattern for inspection services to provide for modifications of the Falling Creek Dam Spillway, which contract shall be in form approved by the City Attorney and to be in an amount not to 268 exceed $42,810.00, it having been determined that an emergency requiring imme- diate action exists because the need for water is immediate and critical, as more particu-larly set forth in the report to this Council dated April 15, 1991. APPROVED ATTEST: ~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th Day of April, 1991. No. 30475-41591. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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) ................................... Public Works Grounds Maintenance (2) ....................................... Signals and Alarms (3) ........................................ Refuse Collections (4) ........................................ Street Maintenance (5) ........................................ Building Maintenance (6) ...................................... Communications (7) ............................................ Custodial Services (8) ........................................ Nondepartmental Contingency - General Fund (9-10) ............................. $27,192,799.00 648,487.00 18,831,881.00 3,034,201.00 718,169.00 4,202,362.00 2,369,951.00 2,984,869.00 1,496,792.00 869,241.00 12,978,348.00 680,661.00 1) 2) 3) 4) 5) 6) 7) 8) 9) Wearing Apparel Wearing Apparel Wearing Apparel Wearing Apparel Wearing Apparel Wearing Apparel Wearing Apparel Wearing Apparel (001-054-3320-2064) (001-050-4340-2064) (001-052-4160-2064) (001-052-4210-2064) (001-052-4110-2064) (001-052-4330-2064) (001-052-4130-2064) (001-052-4220-2064) 51.00 4,915.00 532.00 4,789.00 3,142.00 2,331.00 203.00 432.00 Supplemental Budget - Employee Uniforms (001-002-9410-2206) (89,700.00) 10) Contingency (001-002-9410-2199) 73,305.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk 269 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th Day of April, 1991. No. 30476-41591. A RESOLUTION accepting certain bids made to the City for providing employee uniforms and hats for designated City employees, 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 Aratex Services, Inc., made to the City for the rental of employee uniforms for designated City employees at a cost of $4.15 per employee per week for a period of one year, with an option to renew at the same cost for two (2) additional one {1) year periods, such bid being in full compliance with the City's specifications made therefor, and as provided with the request for quotations offered such bidder, which bid is on file in the Office of General Services, be and hereby 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 contract with the 6uccessful 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 service to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. The bid of Collegiate Pacific, Inc., offering to supply 1,500 baseball style hats meeting all of the City's specifications and requirements therefor, for the total bid price of $5,625.00, which bid is on file in the Office of General Services, be and hereby is ACCEPTED. 4. 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. 5. Any and all other bids made to the City for the aforesaid procure- ment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th Day of April, 1991. No. 30477-41591. AN ORDINANCE to amend and reordain §1-10, Classification of and penalty for violations; continuing violations, and to reordain §20-52, Drivi'ng while under the influence of alcohol or drugs; adoption of state law, of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b)(1) of §1-10, Classification of and penalty for violations; continuing violations, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to provide as follows: 27O §1-10. Classification of and penalty for violations; continuing violations. (b) Whenever it is provided that any violation of any provision of this Code or any other ordi- nance of the city constitutes a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punishable as follows: (1) For Class i misdemeanors, confinement in jail for not more than twelve (12) months and a fine of not more than two thousand five hundred dollars ($2,500.00), either or both. 2. Section 20-52, Driving while under the influence of alcohol or drugs; adoption of state law, Code°r the City of Roanoke (1979), as amended, is hereby reordained to provide as follows: §20-52. Driving while under the influence of alcohol or drugs; adoption of state 1 aw. Article 2 (section 18.2-266 et seq.) of chapter 7 of title 18.2, Code of Virginia, is hereby adopted and made a part of this chapter as fully as though set out at length herein. It shall be unlawful for any person to violate, or fail, neglect or refuse to comply with, any provi- sion of the Code of Virginia adopted by this sec- tion. The penalties for violations of any provisions adopted by this section shall be as prescribed therein. 3. In order to provide for the usual daily operation of the munici- pal 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 271 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30478-42291. AN ORDINANCE PROVIDING FOR ONE OR MORE NON-EXCLUSIVE FRANCHISES TO CONSTRUCT, OPERATE, AND MAINTAIN ONE OR MORE CABLE TELEVISION SYSTEMS WITHIN ROANOKE, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE AS FOLLOWS: ROANOKE-VALLEY CABLE TELEVISION ORDINANCE ("CATV ORDINANCE") I DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are always mandatory, and not merely directive or indicative. The word "may" is permissive and indicative, and not mandatory. 1.1 "AB Switch": A high-isolation switch used to select between two input signal sources, e.g., an off-air antenna and the cable television subscriber drop. 1.2 "Access Cablecasting": Services provided by or through a cable television system on its public, educational, local government, and/or leased Channels. 1.3 "Access Channels": Designated Channels providing for nondiscriminatory use of the Cable System by the public, government agencies, and educational and other institutions as defined below: 1.3.1 "Educational Access Channels": Designated Channel(s) allocated for non-commercial use by the local educational authorities and institutions, i.e., public and private schools, industrial training centers, community colleges, colleges, universities, and other institutions of learning. 272 1.3.2 "Government Access Channels": Designated Channel(s) allocated for non-commercial use by the City of Roanoke, County of Roanoke and the Town of Vinton. 1.3.3 "Public Access Channels": Designated Channel(s) allocated for free-expression, non-commercial, and nondiscriminatory use by any member or members of the public at no charge for channel time. 1.4 "Active Device": A device or circuit capable of some dynamic function, such as amplification, oscillation, or signal control, and which usually requires a power supply for its operation. 1.5 "Aerial Cable": Outside Cable that is located above ground on overhead utility or other structures. 1.6 "Affiliated Person": Any Person, corporation, partnership, or other legal entity under common Control by or with Grantee, any general partner, joint- venture partner, or other Person holding 5% or more of Grantee's stock, or any director or officer of Grantee, provided that "Affiliated Person" shall in no event mean Grantor, any Limited Partner of Grantee, or any creditor of Grantee solely by virtue of its status as a creditor. 1.7 "Alphanumeric": A format consisting of a combination of letters and numbers, usually used (a) in reference to keyboards permitting communication in such form and/or (b) in reference to Channels or programs transmitting information in such form. 1.8 "Ambient Temperature": The temperature of the medium surrounding subject apparatus and equipment. Sometimes synonymous with room temperature. 1.9 "Amplifier": A device used to increase the operating level or power of an input signal, or to change the impedance of or isolate the input signal from the output signal. Used in a Cable Distribution System (trunk and feeder) to compensate for the effects of attenuation (signal loss) caused by losses in transmission components (cable, passives, etc.). Also used in Head-Ends and processing centers, usually for single Channels. 1.10 "Analog": Pertaining to signals in the form of continuously-varying physical quantities, 273 1.11 Grantor. "Annexed Areas": Any areas added to the Territorial Limits of 1.12 "Antenna": Any structure or device used to collect or radiate electromagnetic waves. 1.13 "Area Outage" : An Area Outage occurs when five (5) or more Subscribers report that they are deprived of Cable Service as a result of a single event or occurrence. 1.14 "Armored Cable" Coaxial cable that can be direct-buried without protective conduit, or used in hazardous applications. For underwater applications, this cable is constructed with a flooding compound applied to the cable's outer conducting sheath followed by a plastic jacket, armor, and another plastic jacket. 1.15 "Audio": Relating to sound or its reproduction; used in the transmission or reception of sound. 1.16 "Audio Signal": The sound signal, amplified and provided as appropriate to speakers or earphones. 1.17 "Bandwidth": A measure of the information-carrying capacity of a Channel. The range of usable frequencies that can be carried by a Cable Television System. 1.18 "Basic Cable Service": The minimum-level tier of multiple-channel service which includes the retransmission of local television broadcast signals transmitted to Subscribers connected to the Cable System. 1.19 "Bidirectional": The ability to transmit signals in both directions (upstream and downstream) simultaneously. 1.20 "Bonding": (1) The permanent joining of metallic parts to form an electrically-conductive path which will ensure electrical continuity and the capacity to conduct safely any current likely to be imposed; (2) The interconnection of the CATV cable support strand with a telephone company support strand and/or the power company ground/neutral wire to eliminate ground potential differences. 1.21 "Broadband": Any System capable of delivering multiple Channels and/or services to users or Subscribers. Generally refers to CATV Systems. Synonymous with wideband. 274 1.22 "Broadcast": Over-the-air transmission by a standard FCC-authorized radio or television station, to a multiplicity of receivers. 1.23 "Cable": (1) Used synonymously with "Cable Television"; (2) One or more electrical or optical conductors found within a protective sheath. 1.24 "Cable Act": U.S.C. § 521, et seo. The Cable Communications Policy Act of 1984, 47 1.25 "Cable Distribution System", or "Distribution System": That part of the Plant (usually coaxial cable and/or fiber-optic cable with associated Amplifiers, Drops, and other devices, hardware, and accessories) which is used to provide Service from an origination point (Head-End) to Subscribers. 1.26 "Cable Service": Any service provided by the Cable System. 1.27 "Cable System" or "System" or "CATV System" or "Cable Television System": The complete system in a physical sense; the Antennas, Cables, Amplifiers, towers, microwave links, satellite links, and any other conductors, converters, equipment, or facilities and Plant designed and constructed for the purpose of receiving or producing, amplifying, storing, processing and distributing Audio, Video, Digital, Analog, control, or other forms of electronic or electric signals to and/or from Subscribers as herein provided. See "Cable Television" below. 1.28 "Cable Television", or "CATV": A Broadband communications technology in which multiple television, Audio, Digital, control, Analog, and other electrical signals are transmitted through a Cable Distribution System to and/or from single or multiple locations. 1.29 "Carrier": An electromagnetic wave of which some characteristic is varied in order to convey information. A radio-frequency or microwave signal upon which the sound (Audio), picture (Video), or color information in a television picture is modulated. 1.30 Part 11. "CATV Committee": The Roanoke Regional Cable TV Committee; See 1.31 "CATV Ordinance": This Ordinance. 1.32 "Channel": A signal path of specified Bandwidth for conveying information. Usually a band of frequencies in the electromagnetic spectrum which is 275 capable of carrying one standard NTSC audio-video-color television signal; at present, a spectrum of 6 MHz, usually as specified by a Television Channel-assignment system. 1.33 "Channel Capacity": In a Cable Television System, the number of Channels that can be carried simultaneously on the system. Presently defined in terms of the number of 6-MHz (television) channels. 1.34 "Character Generator": An Alphanumeric text generator, commonly used to display messages on a television set. May also have graphics capability. 1.35 "Community Studio": A Studio for the origination of programming to be cablecast on the Cable System to be used primarily for Public Access and local origination. 1.36 "Control" or "Controlling Interest": The ownership or voting control of 50% or more of the issued outstanding shares of Grantee or any Parent of Grantee; the ability to elect a majority of the Board of Directors of Grantee or any Parent of Grantee. 1.37 "Converter": (For TV receiver). An electronic device which changes CATV Channels to a Channel which can be received by the Subscribers' television sets by use of an appropriate Channel selector, which permits Subscribers to view all unmodified TV signals delivered at designated dial locations. 1.38 "dBmV" or "DecibeI-Millivolt": A unit of measurement referenced to one millivolt (mV) across an impedance of 75 ohms, which is the standard impedance for metallic CATV Systems. 1.39 "Decibel" or "dB": A unit that expresses the ratio of two levels of power as a logarithmic function: dB = 10 Log~o P~/P2. 1.40 "Decoder": A device, located on or near the Subscriber's premises, which descrambles or decodes signals so that they may be viewed or used by the Subscriber. May be combined in the same enclosure with and as part of the "Converter". Also called "Descrambler". 1.41 "Descrambler": See "Decoder". 1.42 "Digital Signals": Signals and information transmitted in the form of individual electronic pulses. 276 1.43 "Distribution System": See "Cable Distribution System". 1.44 "Down": Inoperable; not functioning within specifications. 1.45 "Down Time": The period of time during which the CATV System is not providing Cable Service. 1.46 "Downstream Transmissions": Signals transmitted in the direction from the Head-End toward Subscribers or other location(s). 1.47 or Converter. "Drop": The line from the Feeder Cable to the Subscriber's television 1.48 "Dwelling Unit": Any building used as a domicile or living quarters. 1.49 "Educational Access Channel": See ¶1.3.1. 1.50 "Emergency Override": An emergency communications system which allows messages or announcements to replace the normal picture and/or sound on all Channels of a CATV System. See ¶ 9.9. 1.51 "Emergency Power": (Standby Power; Backup Power) Generator or battery back-up to replace primary power during any electrical power failure or outage. See ¶ 9.8. 1.52 "Facility": The site, including land and buildings, containing all or part of a system or systems of technical apparatus: for example, a Head-End facility or microwave facility employed for purposes of electronic communications or data processing. 1.53 "Failure": See "Fault". 1.54 "Fault": A condition that results in a functional unit in the System failing to perform in the required manner. 1.55 "FCC": The Federal Communications Commission. 1.56 "Feeder Cables": (Feeder Lines) The Cables that take signals from the Trunk to the Subscriber area and to which Drops are attached. 277 1.57 "Fiber Optics": The technology of modulating and guiding fine beams of light through hair-thin glass fibers as communications paths. 1.58 "Franchise": The formal document which authorizes a specific Grantee (Cable Operator) to construct, own, and operate a Cable TV System in the area defined by, and pursuant to the terms and conditions of, this Ordinance. 1.59 "Franchise Fee": The fee paid by the Grantee to the Grantor in consideration of the use of public Streets and the costs of regulation of the CATV System, handling public complaints and other public matters, and administration of local-access activities and this Ordinance and the Franchise. 1.60 "Government Access Channels": See 41.3.2. 1.61 "Grantee": The Person granted a Franchise pursuant to this Ordinance; any successor to that Person in accordance with the provisions of this Ordinance. 1.62 "Grantor": The governmental entity granting a Franchise pursuant to this Ordinance. When used in regulatory and reporting contexts, "Grantor" shall mean Grantor's Executive Officers. 1.63 "Gross Revenues ": The total of any and all payments made to or compensation received by Grantee, its affiliates, subsidiaries and Parents, directly or indirectly, from Subscribers, advertising, shopping services, PCN's, and any other legal users of the Cable System as a consequence of the operation of the Cable System in the Territorial Limits; provided that such reported receipts shall not include any add_on state or local sales taxes. Where a Parent receives compensation for use of multiple Systems, this revenue is allocated to individual franchises and/or Grantees on the basis of the count of those Subscribers who receive Basic Service and who are not delinquent in payments, compared to the total applicable multiple-system basic-subscriber count. 1.64 "Head-End": The control center of a Cable Television System; the electronic processing center through which broadcast, cablecast, satellite, and other signals are electronically translated or modified and combined for distribution throughout the entire Cable System. 1.65 "Institutional Cable Distribution Network ": A Cable subsystem which carries television, Audio, Video, Analog, control and Digital signals between and 278 among government, educational, public, and business institutions and other locations as designated. The Institutional Cable Distribution Network may be a Cable, physically separate and distinct from the Subscriber Cable System, or it may consist of combinations of Upstream and Downstream Channels on the Subscriber Cable System, usually capable of real-time interactive service. This Network may include provisions for scrambling and de-scrambling signals for limited and controlled reception. 1.66 "Institutional Studio": A Studio for origination of programming to be cablecast on the Cable System by Grantor; to be used primarily for Educational and Governmental Access. 1.67 Systems. "Interconnect ": The connection between two or more Cable 1.68 "Mean time to Install": Average time to complete installation, from the time of oral or written order to written acceptance. Total time for installations divided by number of installations. 1.69 "Mean Time to Repair" (MTR): Average time to complete repairs, from time of oral or written complaint to written acceptance. Total time for repairs divided by number of repair orders. 1.70 "Mile" (of Cable Plant): A horizontal distance of 5280 feet, as measured on the surface of the earth and parallel to the Cable Distribution System. 1.71 "Non-Profit Organization": An entity that has qualified under Internal Revenue Code Section 501 (c)(3). 1.72 "Origination Cablecasting": Locally-originated programming carried on the Cable System which can be originated by the Cable Operator; by local institutions; by those using leased Channels; by the public; or by other Persons. 1.73 "Outlet": A CATV connection terminal in a structure which is used for the purpose of connecting a television receiver or other Subscriber terminal to the CATV System. 1.74 "Overbuild": To construct a second, competing CATV System in an area already served by a CATV System. 279 1.75 "Parent" (When used in reference to Grantee): Any Person holding direct or indirect ownership Control of Grantee. 1.76 "Performance Standards (Technical Standards)": Minimum technical requirements established herein by Grantor. See "! 5.1. 1.77 "Person": Any person, firm, partnership, association, corporation, company, organization, or other entity. 1.78 "Plant": Grantee's buildings, tower(s), Amplifiers, Antennas, processors, lines, Cables, wires, and all other physical equipment and accessories utilized in the operation of the System. 1.79 "Premium Service": Optional additional programming provided to Subscribers at an additional monthly charge for each added Channel or group of Channels carrying such programming. 1.80 "Public Access Channel": See "!1.3.3. 1.81 "Public Notice": An announcement to the community of some action planned by the Grantor or its designee in respect to Cable Service or the Franchise. May be accomplished by bulletin, newspaper, radio or TV broadcast, or other means, including announcements on the Cable System, to insure that all community members can be made aware of the event. 1.82 provide a Channels. "Rebuild": The physical modification of the CATV System to significantly higher level of performance and usually providing more 1.83 "Roanoke City": The City of Roanoke, Virginia. 1.84 "Roanoke County": The County of Roanoke, Virginia 1.85 terminals. "Scramble ": To make a signal unintelligible except to authorized 1.86 "Service": See "Cable Service". 1.87 "Signal-to-Noise Ratio ": The ratio, expressed in Decibels, of the peak voltage of the signal of interest to the Root-Mean-Square voltage of the noise in that frequency band. 280 1.88 "Standard Drop": An aerial drop which does not exceed 150 feet. 1.89 "State of the Art": That level of technical performance or capacity or service of Plant, for which there is a reasonable demonstrated market demand and which has been demonstrated by existing Cable Television System operators and reputable equipment suppliers to be workable in the field, but not exceeding that level of technical performance or capacity which has been installed and is operating at the time in at least 5 other Cable Systems of comparable or smaller size. 1.90 "Street": The surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, or place, alley, court, boulevard, parkway, drive or other easement now or hereafter held by Grantor for the purpose of public travel, communications, alarm, street lighting, power distribution, or other public use and shall include such other easements or rights-of-way as shall be now held or hereafter held by Grantor. 1.91 "Studio": A specially-designed room with associated lighting, switching, control and monitoring facilities used for the origination of programming. 1.92 "Subscriber": Any Person legally receiving in the Territorial Limits any of the Cable Services of Grantee. 1.93 "Subscriber Down Time": Outage hours per Subscriber. Obtained by multiplying the number of Subscribers affected by the length of time the System or portion thereof is Down, for each such occurrence, then adding the numbers so obtained to arrive at the total for the period, and then dividing that total by the total number of Subscribers. 1.94 "Subscriber Drop": See "Drop". 1.95 "System ": See "Cable System". 1.96 "Technical Standards": See ~ 5.1. System performance requirements established by local, state, and/or federal governments and/or applicable to Grantee pursuant to the terms of this Ordinance and the Franchise. 1.97 "Telephone Waiting Time": The time required for Grantee to attend to a call from a waiting Subscriber or prospective Subscriber. Includes time used for listening to recorded messages or instructions, and any other machine time or waiting time (e.g. for telephone ringing or "hold") by the Subscriber. See ¶ 20.6. 281 1.98 "Territorial Limits": The geographical limits of Roanoke City. 1.99 "Television Channel": The range or band of the radio frequency spectrum assigned by the FCC to a standard VHF or UHF television station; at present, 6 MHz in the U.S. and Canada. The Channel number assigned by the FCC and/or the Cable Operator. 1.100 "Tier (Tiered Service)": Different packages of programs and services on Cable Television Systems for different prices. 1.101 "Transfer": The disposal, directly or indirectly, voluntarily or involuntarily, by any method, including gift, assignment, sale, merger, consolidation, acquisition, bankruptcy, receivership, or otherwise, of the ownership or Control of Grantee, the System, or the Franchise in whole or in part. 1.102 "Trunk" or "Trunkline": The primary Cable leading from the Head-End of the Cable Distribution System to the various points where Feeder Lines are tapped off to distribute signals to Drops. 1.103 "Unit": A building occupied by one or more persons as a dwelling. 1.104 "Upstream": The direction on the Cable from any designated point in the System toward the Head-End. 1.105 "Upstream Transmissions": Signals travel in the direction from designated origination points in the Cable System to a Head-End. 1.106 "Video": Visual electronic information; a picture signal. 1.107 "Vinton": The Town of Vinton, Virginia. Other Definitions: Any term defined in FCC and/or other applicable rules and regulations or statutes as of the effective date of the Franchise, but not included in the foregoing list, shall be incorporated herein by reference as if set forth in full, and shall be defined as it appears in such rules and/or regulations or statutes. If not so defined, or not defined herein, words and terms shall be given their ordinary and usual meanings as defined in standard reference works. Precedence: In the event of conflict between any of the definitions herein and any definitions contained in any other ordinance, the definitions herein shall take precedence. 282 2 GRANT OF AUTHORITY. 2.1 Franchise. (The "Franchise") The Franchise granted by Grantor and accepted by Grantee pursuant to this Ordinance shall provide to Grantee the right, privilege and authority to construct, operate and maintain a Cable System in the Territorial Limits for the term specified in the Franchise. 2.2 Street and Right-of-Way USe N01; Ex(;Iv~ive. For the purpose of constructing, operating and maintaining a System in the Territorial Limits, Grantee may erect, install, construct, repair, replace, relocate, reconstruct, remove and retain in, on, over, under, upon, across and along the Streets within the Territorial Limits such lines, Cables, conductors, ducts, conduits, false manholes, Amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the Cable System, provided that all applicable permits are applied for and granted, all fees paid, and all other local codes and ordinances are otherwise complied with. Subject to state law, the right to use and occupy the Streets and Rights-of-Way for the purpose set forth herein is not exclusive; Grantor reserves the right to grant one or more additional Franchises or other authorizations for similar use to any other Person at any time. 2.3 ComDliance required. Grantee shall comply with all applicable local, state, and federal laws, ordinances, regulations and codes. 2.4 Ownership of Cable System. 2.4.1 Grantee 1;Q Qwn. Grantee shall, at all times during the term of the Franchise, be the sole owner of, and have full possessory rights to, all facilities and property, real and personal, of the Cable System, whether by ownership, lease, license, or otherwise. Grantee may discard or replace any property, real or personal, so long as Grantee can satisfy its obligations hereunder. 2.4.2 Sale, or Transfer of Franchise, or Change of Control of Grantee. This Franchise or the System hereunder shall not be transferred nor shall title thereto, either legal or equitable, nor any right, interest or property therein, pass to or vest in any entity without full compliance with the procedure set forth in this Section. The provisions of this Section shall apply to the Transfer of all or a majority of Grantee's assets, merger, consolidation, or sale or transfer of stock of Grantee or of its Parent so as to create a new Control of the System; provided, however, a Transfer shall not include a Transfer to a Parent or an affiliate of Grantee or its Parent unless 283 the intent of such Transfer is to avoid the application of this section. For purposes of this section, an affiliate of Grantee shall mean any entity of which Grantee or its Parent owns more than 80% of the stock or other ownership interest. 2.4.2.1 The parties to the Transfer shall make a written request to Grantor for its approval of a Transfer. Both sixty (60) days prior notice to Grantor and prior written approval by Grantor shall be required for any transfer which changes effective Control of Grantee or a Parent. 2.4.2.2 Grantor shall reply to the parties in writing within sixty (60) days of the request and shall indicate whether the requested transfer is approved. 2.4.2.3 Grantee shall within sixty (60) days of Transfer, file with Grantor a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such Transfer, certified and sworn to as correct by Grantee. 2.4.2.4 In reviewing a request for Transfer, pursuant to ¶ 2.4.2.1 above, Grantor may inquire into the technical, legal and financial qualifications of the prospective controlling party, and Grantee shall assist Grantor in so inquiring. Grantor may condition said Transfer upon such terms and conditions as it deems reasonably appropriate. Grantor shall not unreasonably withhold its approval. In no event shall a Transfer of ownership or Control be approved without the transferee becoming a signatory to the Franchise. 2.4.3 Notice tO Grantors. Within fifteen (15) business days after receipt by Grantee, Grantee shall furnish Grantor with a copy of any notification filed with the Securities and Exchange Commission which indicates that a person, entity or group of Affiliated Persons have acquired 5% or more of any class of issued or outstanding shares of Grantee or its Parent whose shares are traded on a national securities exchange or in the over_the_counter market. Within fifteen (15) business days, Grantee shall notify Grantor of any private exchange of shares or ownership involving or accumulating 5% or more of the ownership of Grantee or any Parent. 2.4.4 Effect of Unauthorized Action. Any Transfer described in ¶ 2.4.2. above that is taken without prior consent of Grantor shall be null and void and shall be deemed a substantial breach of the Franchise. Such action shall be subject to a letter of credit withdrawal of $1,000.00 per day until approved, or, if not approved, until prior ownership and Control is restored. If Grantor denies consent to any action after it has been taken, Grantor may revoke the Franchise unless the action is reversed. 284 2.4.5 Foreclosure. Upon receipt by Grantee of notice of the foreclosure or other judicial sale of the System, Grantee shall notify Grantor of such notification within ten (10) days. An actual foreclosure or judicial sale shall be treated as a change in Control of Grantee, and the provisions of this Ordinance governing the consent to a Transfer or change in ownership shall apply without regard to how such Transfer or change in ownership occurred. 2.4.6 Receivershio or Bankruotcv. In the event of the appointment of a receiver or trustee for Grantee, whether in receivership, reorganization, bankruptcy, or other such action or proceeding, Grantee shall notify Grantor within ten (10) days. This shall be treated as a notification that a change in Control of Grantee has taken place, and the provisions of this Ordinance governing the consent to a Transfer or change in ownership shall apply. The term "bankruptcy" as used herein shall include any assignment for the benefit of creditors and/or petition for reorganization under the federal bankruptcy or state insolvency laws, or other similar procedure. 2.4.7 qir~ntor to Assume Control. In the event of receivership or bankruptcy as in "! 2.4.6. above, Grantor shall have the right to assume control and management of the Cable System by satisfying the creditors and the courts, in order to assure continued acceptable quality of service to Subscribers. 2.5 Police Power. All rights and privileges granted hereby are subject to the lawful exercise of the police power of Grantor to adopt and enforce local laws, rules, and regulations necessary to the health, safety, and general welfare of the public. Expressly reserved to Grantor is the right to adopt, in addition to the provisions of this Ordinance, the Franchise and existing laws, such additional ordinances and regulations as are necessary in the lawful exercise of its police power, for the benefit and safety of the public. 2.6 Public Works. The rights and privileges granted hereby shall not be in preference or hindrance to the rights of Grantor and other lawful government authorities having jurisdiction, to perform or carry out any public works or public improvements. Should the Cable System interfere with the construction, maintenance or repair of such public works or improvements, Grantee, at its own expense, shall protect and/or relocate the Cable System or the applicable part thereof, as directed by Grantor or other government authorities having jurisdiction. 2.7 Extension Policy. Except as otherwise provided in this Ordinance, Grantee shall offer Cable Service to all occupants of any area of the Territorial Limits with a density of 25 Dwelling Units or more per mile served by aerial plant within six months of such request from Grantor. Grantee shall offer Cable Service to all occupants of any area within the Territorial Limits with a density of 40 Dwelling Units per mile served by underground plant within 12 months of such request by Grantor. Computations of density shall take into account any connecting lines required to serve such areas, if not contiguous to the existing Cable Distribution System, as well as any Dwelling Units passed by such connecting lines. In addition, upon the effective date of the Franchise, Grantee shall be obligated to provide Cable Service to all occupants of those areas designated on Exhibit A, attached and incorporated herein by reference, within the designated time periods specified therein. The rights and privileges awarded pursuant to the Franchise and this Ordinance shall relate to and cover the entire Territorial Limits and any areas annexed thereto (the "Annexed Areas") during the term of the Franchise and its extension, if any. In the event that any of the Annexed Areas are built-up areas (areas having a density of 25 or more Units per aerial mile or 40 or more Units per underground mile), Grantee shall provide Cable Service to such built-up areas within the specified times after notification by Grantor to do so, provided that if the Annexed Area is served by another cable operator, Grantee shall not be obligated to provide Cable Service to that area, but only so long as such other cable operator continues to provide service to such area. Grantee shall provide Cable Service to those buildings and facilities designated on Exhibit B, attached and incorporated herein by reference, within the designated time periods specified therein. 285 2.8 Extended Service Areas. Grantee shall utilize any available technologies within the State-of-the-Art for the purpose of serving Subscribers. Where Cable Service to a remote area is not required under the provision of this Ordinance, and is not deemed economically feasible by Grantee, Grantee may, but shall not be required to, contract with potential Subscribers in such areas for the sharing of costs in the installation of its Cable Distribution System. Grantee may, but shall not be required to, provide Cable Service in areas which do not have a density of 25 units or more per mile aerial or 40 units or more per mile underground. The provision of limited Cable Services in such areas is to be encouraged. 2.9 Provision 0f service. Beginning with the effective date of the Franchise, Grantee shall make available upon request of the owner, tenant or lessee of any Dwelling Unit or any business premises serviceable by a Standard Drop in the Territorial Limits the full range of Cable Services subject to the density and timing 286 requirements in this Ordinance. Notwithstanding the foregoing, Grantee shall not be required to provide Cable Services where conditions beyond the reasonable control of the Grantee as reasonably determined by the parties prevent the provision of Cable Service. 2.10 Operation Uoon Revocation. Notwithstanding any other provision of this Ordinance, in the event of revocation or expiration of the Franchise, Grantor may nevertheless extend the term thereof beyond such termination or non-renewal for such period of time as Grantor may specif such notice as is reasonable in the circumstances. In the event of such extension, Grantee shall continue to operate the Cable System in accordance with all of the provisions of this Ordinance. During any extension of the term, Grantor may terminate the Franchise as to any area or areas within the Territorial Limits, effective not less than thirty days from the date of notice to Grantee. 2.11 Extension of Term by Grantor. Upon the expiration of the term for which a Franchise is granted, the Grantor, unless applicable law in effect at that time provides otherwise, may renew the Franchise for an additional term it finds appropriate, provided that Grantee shall be deemed by Grantor to have rendered satisfactory and acceptable service hereunder, and provided further that Grantor finds, after due advertisement and public hearing affording all persons an opportunity to be heard on the matter, that such renewal would be in the public interest. 2.12 Business Office. At least one business or administrative office shall be located within Roanoke City, Roanoke County or the Town of Vinton and all communications of Grantor to Grantee shall be addressed to Grantee at such office, except as otherwise provided herein. The office shall be open at least an average of 50 hours per week and at least 4 hours on Saturdays, (legal holidays excepted), or as modified by Grantee after notification to and approval by Grantor. 2.13 Written Notice. All notices, reports, or demands required to be given to Grantor and to Grantee shall be in writing and shall be deemed to have been given when delivered personally to the persons designated below, or when seventy-two (72) hours have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or on the next business day if sent by express mail or overnight air courier addressed to the party to which notice is being given, as follows: 287 If to Grantor: City Manager City of Roanoke Room 364, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 If to Grantee: General Manager Cox Cable Roanoke 1909 Salem Ave., S.W. Roanoke, VA 24036 Copy To: Cox Cable Communications 1400 Lake Hearn Drive Atlanta, Georgia 30319 Attn: Legal Department Addresses may be changed by either party upon such written notice to the other party. 2.14 Reimbursement. Grantee shall reimburse Grantor an appropriate amount for costs incurred in connection with the negotiation and award to it of any Franchise pursuant to this Ordinance. 2.15 Certification. Grantee, by accepting the Franchise, certifies that it has investigated its supply sources; is familiar with the community; has examined the Cable System and operations; has reviewed its own financial condition; and has the capacity and resources to carry out its obligations to the community. 2.16 Consent. Whenever, under the terms of the Franchise or of this Ordinance, Grantor's or Grantee's consent or approval is required, it shall not be unreasonably withheld. 2.17 Imoosition of reauirements on Grantee. To the extent that the Franchise or this Ordinance gives Grantor, the CATV Committee, or their agents, authority (a) to require tests of the System, (b) to inspect or audit Grantee's books and records relating to the System; (c) to impose on or collect from Grantee any fee, penalty or other sum; (d) to require Grantee to take or cease any action; (e) to grant or to withhold approval; or (f) any other right or authority; such authority shall be coordinated by the governing bodies and shall not be used unreasonably or to harass. 288 3 GRANTEE PAYMENTS TO GRANTOR Grantee shall pay a Franchise Fee to Grantor as specified in the Franchise. 3.1 P~yments. Franchise Fees shall be computed quarterly for the preceding calendar quarter, and quarterly payment shall be due and payable no later than 30 days after the end of the calendar quarter for which payment is intended. Each payment shall be accompanied by a report showing detailed computations and such other relevant data as Grantor may reasonably require. Grantor may provide a standard form for use by Grantee to compute Franchise Fees. Such payments shall be deemed compensation for use of Grantor's rights-of-way, administration of service complaints, supervision and inspection of equipment and facilities, and administration of the Franchise and Ordinance, and shall be in addition to all federal, state and local taxes. 3.2 Conditions of Acceptance. Grantor's acceptance of any payment shall not constitute agreement that the payment is in fact the correct amount, and such acceptance of payment shall not constitute a release of any claim Grantor may have for further or additional sums payable under the provisions of the Franchise or any other claim whatsoever that Grantor may have. 4 INSTALLATION CONDITIONS 4.1 Reservation of Rights. Nothing in this Ordinance shall be construed to prevent Grantor from grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any sewers or water mains or other facilities; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. 4.2 Underground Easements. In areas having underground telephone and electric utility lines now or at any time hereafter, whether required by ordinance or not, all of Grantee's distribution system shall be underground. Underground installation, even if not required, is preferable to the placing of additional poles. In the instance of underground installations made after the effective date of the Franchise, Drop lines shall be placed at least twelve (12) inches deep and cable distribution lines shall be placed at least eighteen (18) inches deep. This minimum depth also applies to all replacement Drop and distribution lines. Underground Cable Distribution Plant in areas exposed to damage shall be installed in conduit or shall be of Armored Cable construction. Underwater crossings shall utilize Armored Cable. Existing electric and telephone poles shall be utilized wherever possible. Grantee may install its own poles and conduit at its own expense, with prior 289 written permission of Grantor. To the extent that Grantor has the right, it will make utility and other easements available to Grantee. 4.3 Installation 4.3.1 Plans. Prior to any construction or alteration of the Cable System, Grantee shall, in each case, file any required plans with Grantor and receive any necessary approval of such plans. 4.3.2 Construction: Permits: Supervision: ADprQval. All Plant installed by Grantee shall be constructed and maintained in good and safe condition at all times. Grantee shall erect no structures and make no excavations in any Streets without first procuring a written permit in accordance with applicable ordinances and codes. All work of such kind shall be subject to inspection and approval by Grantor in accordance with applicable codes and regulations. 4.3.3 Emergency Repairs: In cases of emergency, Grantee may make whatever repairs are necessary to maintain the operation of the Cable System at required levels, provided, however, that all emergency work shall comply with all applicable local, state, and federal laws, ordinances and regulations. Grantee shall be responsible for any damages resulting from temporary repairs. Within five (5) working days of the commencement of the emergency work, Grantee shall request any applicable permits required for such repairs, in accordance with the rules for such permits. Work shall be subject to inspection and approval by Grantor. 4.3.4 Barriers; Lighting. Any openings or obstructions in Streets caused by Grantee shall be guarded and protected by Grantee and its contractors at all times by placing adequate barriers, fences, boarding or other protective devices, at the sole expense of Grantee. During periods of dusk and darkness, protective devices and protected areas shall be designated by warning lights. 4.4 Relocations. 4.4.1 Temporary RelQcatign. Grantee's Cable Distribution System shall be located, relocated, erected and maintained so as (1) not to interfere with the lives or safety of persons or with any improvements Grantor deems proper to make, and of which Grantee has received reasonable notice, and (2) not to hinder or obstruct the free use of the Streets. Removal of poles and other structures to avoid such interference shall be at Grantee's expense. 290 Raising or lowering or moving of Grantee's Plant to permit moving of buildings and other structures and equipment shall be done by Grantee within ten (10) days of previous notice and at mover's expense, payable in advance, subject to receipt of all required permits. 4.4.2 Permanent Relocation. If Grantor shall elect to alter or change the grade or location of any Street, or shall engage in any construction or other public works in, on, or under the Streets, Grantee, upon at least forty-five (45) days written notice by Grantor, shall relocate its Cable Distribution System at its own expense, and in each instance shall comply with all applicable local, state, and federal laws, ordinances, codes, and regulations. 4.5 Installation: Comoliance with Code~. Grantee shall comply with all applicable local, state, and federal rules and regulations now in force or which may be put into force hereafter. Grantee shall comply also with state and national electric and safety codes in its installations and operations. 4.6 Joint Use: Safety Rules. Insofar as such work may be done without interfering with the free use and enjoyment of Grantee's own wires and fixtures, and when requested in writing by Grantor, Grantee shall provide suitable space equivalent to one (1) crossarm (in vertical and horizontal spacing) on each pole erected, in riser conduits, and in control cabinets, equivalent to one (1) duct in each of the conduits constructed, and if Grantee has an open trench, afford Grantor an opportunity to install its cable or tubing, free of charge for the purpose of carrying wires of Grantor's telegraph, telephone, alarm, signal, or radio system used for governmental purposes, provided said wires are placed and maintained in such a manner as may be reasonably prescribed by Grantee, and in no case used to carry electric light or high-tension currents. Whenever it becomes necessary for Grantee to move Grantor's said wires for Grantee's own purposes, such removal shall be at the cost of Grantee and under supervision of the Grantor, and such wires shall be promptly replaced by Grantee at Grantee's expense. 4.7 Interconnect. Within 6 months after receipt of written request from Grantor, Grantee shall provide for Interconnection with any adjacent Cable Operator. Such Interconnection shall be accomplished at Grantee's expense, including design, installation, and all necessary equipment, hardware, and accessories. Such Interconnection, including bidirectional capability, shall be required only if technically feasible. 4.8 Identifk;~tion. Vehicles owned or leased by Grantee and used in the installation, construction, or repair of the Cable System shall be identified as to the 291 name of Grantee. All employees of Grantee and of Grantee's contractors and subcontractors performing installation shall carry adequate identification as to their names, local business addresses and local business telephone numbers. Grantee and its contractors shall clearly identify all of its vehicles, employees, agents, and equipment by decals, badges, signs, and as otherwise appropriate. 4.9 Restoration: Repair. Grantee, at its expense, shall repair all damage caused by Grantee, its agents, contractors, and subcontractors, in the construction, Rebuild, upgrade, operation, maintenance, and repair of the Cable System and shall restore all property, both public and private, to its original condition, or as nearly so as possible. Such restoration and repair shall be made as soon as practicable after such damage, and in accordance with applicable codes, not later than ten business days after Grantee's receipt of written notification from the owner of the property so damaged unless otherwise mutually agreed by Grantee and the property owner. If any damage involves pavements, sidewalks, driveways, Streets, or other public property, such damage shall be repaired at Grantor's election either by Grantor at Grantee's expense or by Grantee to Grantors's satisfaction within five business days after Grantee's receipt of written notification from Grantor. If damage involves public water mains, sanitary sewer or storm water facilities, Grantee shall immediately notify Grantor of such damages, shall assist Grantor in repairing such damaged facility and shall reimburse Grantor for all reasonable costs associated with such repair. The foregoing shall not limit Grantee's right to contest its liability for any damage claimed. 5 TECHNICAL REQUIREMENTS The signal of any broadcast television or radio station retransmitted on the Cable System shall be carried without material degradation and with a quality no less than that prescribed by rules of any federal, state, or local regulatory agencies having jurisdiction, and as specified herein. The technical specifications, operation, and performance of the Cable System shall conform at all times to any applicable specifications established by any federal or state regulatory agencies having jurisdiction. Notwithstanding the preemption of Cable Television Technical Standards by the FCC, and pending adoption of acceptable Minimum Technical Standards by the FCC (which acceptable Minimum Technical Standards may become effective and may preempt the following enumerated standards immediately upon adoption and at the option of Grantor), Grantee and Grantor agree that Grantee shall use its best efforts to meet or exceed the following Minimum Technical Standards at all times, over the annual ambient temperature range normally experienced in the area: 292 5.1 Technical Standards. The system shall comply with the following standards, as measured at any tap output except as indicated: 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 5.1.6 5.1.7 5.1.8 5.1.9 5.1.10 Parameter System Frequency Response Channel Frequency Response Composite Triple Beat (CTB) Cross-Modulation (Synchronized) Audio Frequency Response Audio Total Harmonic Distortion Audio Signal-to-Noise Ratio Levels, at Subscriber Terminals: (a) Visual Carrier Signal Level [FCC §76.605 (a)(4)] (b) Difference between adjacent- channel carrier levels [FCC §76.605(a)(5)(i)] (c) Difference from any other visual carrier level [FCC §76.605(a)(5)(ii)] (d) Visual carrier level variation, any Channel within any 24 hours (e) Maximum Signal Level: Low-Frequency Disturbances (Hum, etc.) [FCC §76.605 (a) (6)] Visual Carrier-to-Noise Ratio [FCC §76.605 (a)(8)] Value (N/10 + 3.5)dB, p-v. (6 MHz)2 dB pv 50 dB down, CW or synchronized; 56dB down, modulated or unsynchronized. 50 dB down 50 Hz to 15 KHz,3 dB, p-p 2% Maximum 50 dB Minimum 0 dBmV minimum Now 3 dBmV minimum After Rebuild 3 dB Maximum Now 2 dB Maximum After Rebuild 12dBMaximum Now 6 dB Maximum After Rebuild 12 dB Maximum Now 6 dB Maximum After Rebuild Shall not overload the TV Set. 2% Maximum 42 dB minimum 293 5.1.11 Ratio of Visual Carrier to Any Coherent Disturbance [FCC §76.605 (a) (9) ] 50 dB minimum 5.1.12 Visual Carrier to Same-Channel Aural13-17 dB Carrier Ratio. Should federal rules and regulations permit local regulation of Technical Standards and/or should the Technical Standards be changed, the above standards shall be upgraded, at the option of the Grantor, to the new standards to be effective immediately. 5.2 Construction Standards. All construction practices shall be in accordance with federal, state, and local statutes, ordinances, and regulations. 5.2.1 All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Safety Code (National Bureau of Standards) and National Electrical Code (National Bureau of Fire Underwriters) as amended as applicable to Cable Television. 5.2.2 Antenna supporting structures (towers) shall be designed for proper loading as specified by Electronics Industry Association Specification RS 222E or current version. 5.2.3 Antenna supporting structures (towers) shall be painted, lighted, erected and maintained to comply with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, state, and local codes and regulations. 5.2.4 Grantee's Cable System shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices. Work shall be performed by experienced maintenance and construction personnel. Grantee shall preserve and protect plants, shrubbery and trees, and any improvements in the tree belts and rights-of-way. Grantee shall not unnecessarily hinder or obstruct pedestrian or vehicular traffic. 5.2.5 Grantee shall at all times exercise reasonable care and shall adhere to industry standards in the construction, operation, maintenance, or repair of the Cable Television System. 294 6 TESTING 6.1 Performance Testinq Bv Grantee. Grantee shall provide and keep on hand at all times, or have available to it within not less than ten business days notice from Grantor, accurately-calibrated test equipment for testing to such Technical Standards as set forth in Part 5 above and as may be modified in the future. Grantee shall conduct tests of said Technical Standards as from time to time may be reasonably requested by Grantor, coordinated through the CATV Committee, (but not in excess of once each one-year period in the entire system unless independent tests show that such Technical Standards have not been met, and then until such prescribed Standards have been met) in order to determine the level of performance of the Cable System. Grantor may provide a technical representative to witness and report on such tests. 6.2 Performance Testing Required by Grantor. Testing for compliance with Technical Standards may be required by Grantor, who may, from time to time, retain an independent engineer to conduct technical performance tests of the System in addition to those conducted by Grantee, or to witness such tests performed by Grantee. If the system fails to meet one or more of the Technical Standards at the time of any test, Grantee shall reimburse Grantor for all related costs and shall investigate and correct the cause of said failure. Grantee shall be given a period of sixty days to correct said causes. Performance testing shall be repeated upon completion of necessary repair or adjustment by Grantee, and a report of the second test submitted to Grantor. Substantial failure to comply with Technical Standards or repeated failure to take corrective action in the event of such failures shall constitute a substantial breach of this Ordinance. Test procedures shall generally follow the guidelines of the NCTA "RECOMMENDED PRACTICES for measurements on cable television systems," and as specified by the independent engineer retained by Grantor. Such tests shall be coordinated through the CATV Committee and conducted on a reasonable periodic basis. 7 LIABILITY OF GRANTORS 7.1 Liability; Hold Harmless. Grantee shall indemnify and hold free and harmless Grantor and its officials, officers, agents, and employees from and against any and all loss, cost, or expense, including reasonable attorneys' and consultants' fees, resulting from any claim, demand, suit, or other action, whether or not reduced to judgement, and for any liability of any nature whatsoever that may arise out of or in connection with or result from the presence of Grantee or Grantee's agents, successors (excluding approved transferees pursuant to ¶ 2.4.2 of this Ordinance), employees, contractors, invited parties, or affiliates in their use of, or activities or omissions in, Grantor's Streets or property, including without limitation, liability for damages to persons or property, or wrongful death in connection with the construction, installation, maintenance, operation, repair, or removal of the Cable System or the use of any poles, wires, conduits, and fiber optic equipment or the exercise by Grantee of any right or privilege granted by or under this Ordinance and the Franchise issued pursuant hereto, or any failure by Grantee to comply with any law, ordinance, or regulation, or by reason of suit or claim for royalties, lease fees, or infringement of copyrights or patents. 295 7.2 ExDenses. In the event that Grantor reasonably determines that its interests cannot be represented in good faith by Grantee, Grantee shall be so notified in writing, and Grantee shall reimburse Grantor and its officers, employees, and agents for all expenses incurred by them, including reasonable attorney and consultant fees, in defending themselves in connection with any matter the defense of which would otherwise have been conducted by Grantee pursuant to the terms of this Ordinance. 8 INSURANCE; BONDING 8.1 Insurance Coverage. Grantee shall, at its expense, prior to any use of or entry upon Grantor's Streets or property and at all times during the term of any Franchise issued pursuant to this Ordinance, maintain and provide Grantor with suitable evidence of both (1) broad form contractual liability insurance coverage including the indemnification obligation set forth in Part 7 above, and (2) general public liability insurance coverage including, but not limited to, motor vehicle liability coverage naming Grantee, its employees, and affiliates, as insureds and naming Grantor, its officers, officials, agents, and employees as additional insureds while acting in the scope of their employment, insuring against on an occurrence basis all claims, loss, cost, damage, expense and liability from loss of life or damage or injury to persons or property arising out of Grantee's use of Grantor's Streets or property. Said policies shall have limits of not less than Five Million Dollars ($5,000,000) combined single limit for loss of life or injury to one or more persons and for property damage as a result of one incident, except that, with the express consent of Grantor, Grantee may be self-insured or provide indemnity from an Affiliated Person for the initial $500,000.00 of such coverage. 8.2 Additional Indemnification. Grantee shall require substantially identical indemnification and insurance coverages as set forth in Part 7 and ¶ 8.1 above in favor of Grantor, its officials, officers, agents and employees, from any independent contractor or other entity working on its behalf in Grantor's Streets. However, the amount of such coverages shall be $1,000,000.00 combined single 296 limit with a $3,000,000.00 umbrella, naming both Grantee and Grantor, its officers, agents, and employees as additional insureds. 8.3 Performance Bond. A performance bond shall be posted and maintained for the Franchise term in favor of Roanoke City, Roanoke County, and the Town of Vinton as joint and several obligees in the amount of $300,000.00 by a bonding company approved by Grantor. 8.4 Cash DePosit or Letter of Credit. A cash deposit or letter of credit shall be provided and maintained in favor of Roanoke City, Roanoke County, and the Town of Vinton as joint and several payees in the amouht of $50,000.00. 8.5 Cancellation Notice. All Grantee bonds, insurance policies and certificates of insurance shall stipulate that the coverages afforded by the policies shall not be canceled, modified or allowed to expire until at least 30 days prior written notice has been delivered to Grantor and a receipt of delivery obtained. 8.6 Evidence of Insurance. By not later than the effective date of the Franchise, Grantee shall furnish to Grantor current certificates of insurance, which shall include the named insureds set forth in ¶ 8.1. and ~[ 8.2 above. Failure to maintain said insurance shall constitute a substantial breach within the meaning of ¶ 10.2.1.7 below, and shall be grounds for revocation of the Franchise. 8.7 AoDr0val of Insurance Company. Insurance coverage shall be in a form and with an insurance company approved by Grantor, which approval shall not be unreasonably withheld. Insurance coverage shall be with a company authorized to do business in the Commonwealth of Virginia. 8.8 Chan_oes in Limits. At the end of six years, Grantor shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the Consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia ("CPI"), or comparable measure if the Consumer Price Index is no longer being issued. 9 SERVICE PROVISIONS 9.1 Performance. The Cable System shall be engineered, installed, equipped, maintained and operated so as to meet FCC standards and the Technical Standards in Part 5 above, and shall comply with all applicable federal, state, and local codes. 9.2 Itemized Bills. Grantee shall provide any Subscriber upon request with an itemized monthly bill, listing each Tier or level of Service and its price, and any add- on taxes, together with the total. 297 9.3 Change in Channel Arr~qy. Grantee shall provide thirty (30) days written advance notice to Grantor and Subscribers of any changes of Channels line-up or of Tiering unless the schedule of such changes is beyond the control of Grantee. In such case, Grantee shall provide notification and explanation immediately by Public Notice and in writing. 9.4 Notice of Rate Changes. Grantee shall give Grantor, the CATV Committee, and all Subscribers at least 30 days Public Notice of any change in Subscriber rates. Notice to Subscribers may be given by ordinary mail or included with their monthly statements. 9.5 Disconnect Charges. Grantor shall not charge any Subscriber for disconnect of Service. 9.6 Rate or Service Discrimination; SPecial Classifications. Grantee shall not subject any person or group of persons to any prejudice or disadvantage, preference, or advantage in connection with rates, charges, service, facilities, rules or regulations. Nothing herein shall prohibit the provision of free Service to government, institutional, or school buildings, or the provision of free Service to Grantee's employees. Notwithstanding the foregoing, Grantee may negotiate bulk or special rates for businesses, hospitals, nursing homes, Multiple Dwelling Units and other non-single family residential users. In the event of an Overbuild by an additional franchisee, Grantor shall not object to a reduction of rates by Grantee in the area of Overbuild to provide comparable service for comparable rates in order to promote competition in such area. 9.7 Free Basic Service. Grantee shall provide Basic Service without charge to each government building, fire station, police station, library, school or public college academic building, and other Grantor-owned or Grantor-occupied buildings (excluding housing units and buildings owned by Grantor but not used for government or educational purposes) within the Territorial Limits, as requested by Grantor. One Standard Drop and one converter (if needed) per building shall constitute compliance. Any attached identified structures shall be treated as separate buildings. Any service provided to Roanoke County Schools or other governmental buildings through an Interconnect as provided for in ¶ 4.7 shall be without charge. 298 9.8 Emergency Power. Within two (2) years after acceptance of the Franchise pursuant to this Ordinance, the Cable Distribution System shall be equipped with battery-backup power supplies capable of powering the system for a period of not less than one (1) hour, and the Head-End shall be provided with adequate emergency backup power. 9.9 Emergency Override. Within six (6) months of acceptance of the Franchise pursuant to this Ordinance, Grantee shall incorporate emergency Audio override capabilities which can be operated from a standard touch-tone phone by authorized agents of Grantor. Activation of this emergency override capability shall give such agent voice control on all channels as permitted by law for the purposes of instructing viewers to turn to the Government Access or other Channels for detailed information and instructions. Emergency Override capability shall be installed at the expense of Grantee. The Government Access Channel(s) shall be available for transmission of signals from an Alphanumeric Character Generator and modulator, under the control of Grantor, or live Video and Audio transmission, at Grantor's option. 9.10 Emergency Communications. At least one person in responsible charge of Grantee's operations in the Territorial Limits shall be available by local telephone during such hours as Grantee's business office is closed, and the telephone number of such person shall be supplied in advance to the Grantor's chief administrative official and the presiding officer of Grantor's governing body and Grantor's Police and Fire Departments. 9.1 1 State of the Art. Throughout the term of the Franchise, Grantee shall operate and maintain the System in a manner consistent with all laws, ordinances and construction standards of Grantor and the Technical Standards. Throughout the term of this Franchise, Grantee shall maintain and upgrade the System and the technical performance of the System so as to keep pace with the developments in the State-of-the-Art as defined herein. Grantee may on its initiative participate in or undertake experiments, tests, and other activities to determine the State-of-the-Art of cable communications technology currently in use. Grantor may require that Grantee undertake such tests to the extent Grantor determines that it is economically viable and feasible to do so and provided that such experiments, tests and other activities are technically sound and undertaken in response to a mutually-defined market demand. Grantee shall provide Grantor with written reports of the results of all significant tests conducted by Grantee at the request of Grantor as described in this section. 299 9.12 Subscriber Antennas; AB Switches. Notwithstanding any disconnection of Subscribers' existing Antennas and downleads to receivers connected to the Cable System, the Cable System shall be so designed that physical removal of such Antennas and downleads will not be required, and so that the Subscriber may utilize such Antennas at any time in place of the Cable System Service. Grantee shall furnish and install for each Subscriber so requesting, at reasonable cost, a switch permitting the Subscriber to change from Cable reception to home-antenna reception and back at the option of the Subscriber. Grantee shall offer to install such switch free of charge at the time of installation of Subscriber Service. Such switch and installation shall comply with FCC rules, codes, and standards, and with good engineering practice. Grantee shall notify all Subscribers at least once per year that such AB switches are available from Grantee and from others. 9.13 Tree trimming. Grantee shall have the authority to trim any trees upon and overhanging Streets to prevent the branches of such trees from coming in contact with Grantee's wires and cables. All trimming shall be performed in a safe and orderly manner and in compliance with the pruning standards of the National Arborists Association, as amended, and applicable provisions of local codes and ordinances. 9.14 Droos. In areas where the Cable Distribution System is located underground, Drops to the structure (installed after the effective date of the Franchise) shall be underground, buried a minimum of twelve (12) inches. In other areas Drops may be aerial unless the Subscriber elects to pay the cost of underground installation. Insofar as practicable, Grantee shall adhere to each Subscriber's desire with regard to point of entry of the Drop connection into each structure. Insofar as practicable, within the Subscriber's structure, Drop cable runs shall be made as unobtrusively as possible. All Drops shall be grounded at the building entry, in accordance with local, NESC, and NEC requirements. 9.15 Installation Time. Within all areas served by the CATV System, service to all Subscribers requiring an aerial installation shall be provided within five (5) business days after receipt of the request for service, and service to Subscribers requiring an underground installation shall be provided within ten (10) business days after such request, unless Grantee is prevented by reasons beyond its control or later installation is requested by the Subscriber. 9.16 Parental Guidance Control. Grantee shall make available to any Subscriber so requesting, at reasonable cost, a "parental guidance control" or "lockout key" which will permit the Subscriber to eliminate intelligible audio and video reception 300 of any or all of the Premium Service Channels. Grantee shall notify all Subscribers of the availability of such parental-control devices. 9.17 Comolaint Policy. Grantee shall promulgate written policy statements and procedures for reporting and resolving Subscriber complaints including record keeping requirements consistent with ¶ 19.9. Grantee shall furnish a copy thereof to each new Subscriber and to Grantor, and thereafter to all Subscribers at least annually, and to Grantor and all Subscribers at such time as there is any change in such policy. 9.18 Call Recording Service for Current Known Outages. Grantee shall provide a telephone number which provides a recorded message or access to an employee or agent of Grantee, on a 24 hour basis. The recorded message shall describe current known System deficiencies and outages and thereafter accept recorded messages from Subscribers, who may leave their names; request service; report outages; and request credit for Down Time. 10 ENFORCEMENT 10.1 Performance Bond; Letter of Credit 10.1.1 Perform~n(;e Bond. No later than the date of acceptance of any Franchise, Grantee shall post and maintain, at its sole cost and expense, a corporate surety bond issued by a surety company authorized to do business in the Commonwealth of Virginia and reasonably acceptable to Grantor as security for the faithful performance by Grantee in accordance with the provisions of this Ordinance and the Franchise issued pursuant hereto. Said bond shall assure Grantor of recovery of any and all liability, damages, losses, costs and expenses sustained or suffered by Grantor as the result of, without limitation, Grantee's failure to properly construct, operate or maintain the Cable Television System as required under this Ordinance and the Franchise issued pursuant hereto. The total amount of the bond shall be $300,000 and the bond shall be maintained at such level in favor of the City of Roanoke, Town of Vinton, and Roanoke County, Virginia, jointly and severally. 10.1.2 Letter of Credit. No later than the date of acceptance of the Franchise, Grantee shall deposit and maintain a Letter of Credit in the amount of $50,000 in favor of City of Roanoke, Town of Vinton, and Roanoke County, Virginia, jointly and severally. The full amount of the Letter of Credit shall be maintained throughout the. term of the Franchise. The form of such Letter of Credit shall be approved by Grantor. The Letter of Credit will be used to ensure the faithful performance by Grantee of all provisions of this Ordinance, including the payment by Grantee of any penalties, costs, claims, liens or taxes due by reason of the construction, maintenance, or operation of the Cable Television System, or any breach of any provision under this Ordinance. 301 10.1.3 Call of Performance Bond: Letter of Credit. The Letter of Credit posted pursuant hereto shall be forfeited and become the property of the City of Roanoke, Town of Vinton, and County of Roanoke, Virginia, jointly and severally, and the Performance Bond shall become actionable by one or more of the jurisdictions, if the Franchise is revoked by reason of substantial breach by Grantee. The Performance Bond and Letter of Credit shall be maintained for the duration of the Franchise and expire by the terms herein no sooner than the expiration of the Franchise, provided, however, that the Performance Bond and Letter of Credit shall remain in force after expiration in the event of any outstanding substantial breach or dispute as to breach or amount due from Grantee. 10.2 Forfeiture and Termination. 10.2.1 Forfeiture and Termination. In addition to all other rights and powers retained by Grantor under this Ordinance, Grantor reserves the right to forfeit and terminate the Franchise in the event of an uncured substantial breach of the provisions specified below for the applicable periods specified: 10.2.1.1 Failure to notify Grantor of change in ownership accumulation of 5% as required by § 2.4.3 (30 days); 10.2.1.2 Failure to notify Grantor of change of ownership or control as required by § 2.4.2 (30 days); 10.2.1.3 Failure to provide financial information (30 days); see Parts 3 and 17 of this Ordinance 10.2.1.4 Failure to satisfy technical requirements regarding System characteristics, or failure to meet Technical Standards as provided in Part 5 and § 9.1 (30 days); 10.2.1.5 Failure to provide any service to any person as required by § 2.7 of this Ordinance and the Franchise (30 days); 10.2.1.6 Abandonment of the Cable System in whole or in part without prior written consent of Grantor (5 days); 302 10.2.1.7 Failure to provide and maintain insurance, surety and indemnity or failure to notify Grantor of expiration of insurance as required in Parts 7 and 8 of this Ordinance (1 day). 10.2.1.8 Failure to comply with the consumer standards as provided in Parts 19 and 20 of this Ordinance (30 days); 10.2.1.9 Failure to make any payments as required in any Franchise agreement (10 days); 10.2.1.10 Failure to supply and equip the Access Channels and other support, and any related services, equipment and facilities as required in any Franchise agreement (60 days); 10.2.1.11 Engaging in a course of conduct constituting perpetration of any fraud or deceit upon Grantor, any subscriber, or any other user of the system at any time (none); 10.2.1.12 Taking any material action at any time which requires the approval or consent of Grantor without having first obtained such approval or consent (immediate action); 10.2.1.13 At anytime, the making by Grantee, any director, officer or other Person exercising control of Grantee, or any Affiliated Person or employee or agent of Grantee acting under the express direction or with the actual consent of Grantee of any false entry knowingly in the books or accounts or records of Grantee or in any books, records, or documents relied upon by Grantor or in connection with the certification as required by ¶ 2.15 above. (none); 10.2.1.14 Failure to complete Rebuild of the System in the time specified in the Franchise (60 days); 10.2.1.1 § Any written material misrepresentation or certification made by or on behalf of Grantee in its proposal for the Franchise granted pursuant to this Ordinance or in connection with the negotiation or renegotiation of or any other modification to the Franchise Agreement or Ordinance (immediate action); 10.2.1.16 Failure to reasonably cooperate at any time with any lawful investigation, audit or inquiry conducted by or authorized by Grantor (immediate action); 303 10.2.1.17 Failure to replace amounts withdrawn from the Letter of Credit within ten (10) days in accordance with ¶ 10.1.2; 10.2.1.18 Failure to correct deficiencies in the System following tests as provided in ¶ 6.1 and/or retests as provided in ¶ 6.2 (60 days); 10.2.1.19 Accumulation of $5000 in penalties over a twelve- month period, provided, however, that no such penalties shall be deemed to be included in such total during a bona-fide dispute after notice from Grantee that Grantee will dispute such penalties as provided herein. (none) 10.3 Penalties. If Grantee fails to observe any of its obligations under the terms of this Ordinance or the Franchise issued pursuant hereto, Grantor may assess Grantee and Grantee agrees to pay Grantor monetary penalties in accordance with the schedule of penalties set forth below. The penalties set forth below shall be the exclusive monetary remedy for the named breaches, but shall not constitute a waiver by Grantor of any other right or remedy it may have under this Ordinance or under applicable law. Any such penalty shall be recoverable from the Letter of Credit or the Performance Bond, at the option of Grantor. 10.3.1 Failure to keep business office open during established business hours ($100 per day); 10.3.2 Failure to comply with the provisions of ~ 2.4.1 and/or 2.4.2, change of ownership ($1000 per day); 10.3.3 Failure to test the system or provide reports thereof as required in Part 6 of this Ordinance ($100 per day); 10.3.4 Failure to render payment of Franchise fees within the time specified in Part 3.1 of this Ordinance. (Annual rate of 12%, or 2% over the Prime Rate established by Chase Manhattan, N.,A., whichever is higher, compounded daily from time due until paid, plus an initial penalty of 5% of amount due.); day); 10.3.5 Failure to comply with surety provisions of Part 8 ($100 per 10.3.6 Failure to make a timely filing of annual financial report as required by the terms of the Franchise or maintain open records as required in Part 17 herein ($100 per day); 3O4 10.3.7 Failure to maintain the Technical Standards required in Part 5 herein ($250 per day); 10.3.8 Failure to restore amounts to the Letter of Credit as specified in §§ 8.4 and 10.1.2. herein ($250 per day); 10.3.9 Failure to comply with any requirement of Part 20 within the time specified ($100 per day per occurrence); 10.3.10 Failure to comply with any other obligation contained in this Ordinance or future amendments hereto ($100 per day) 10.3.11 Failure to build or Rebuild the System as provided in any Franchise granted pursuant to this Ordinance ($5000 per day). These penalties shall be in addition to, and not a limitation on, the other penal provisions of this Ordinance including forfeiture and termination. 10.4 Procedure for Revocation of Franchise or Imposition of Penalties 10.4.1 Notice and Oooortunitv to Cure. Should Grantor desire to invoke forfeiture of the Franchise or imposition of penalties as set forth herein, Grantor shall make a written notice by certified or hand-delivered mail upon Grantee's General Manager at its local office to comply with any provision, rule or determination which it feels Grantee has breached. If the breach by Grantee is uncured for the period specified in ¶ 10.2.1 in the case of forfeitures or 10 days in the case of penalties, following such written demand, Grantor may revoke the Franchise or impose a penalty, as appropriate. Should Grantee dispute that a breach has occurred, Grantee may request Grantor to hold a hearing pursuant to ¶ 10.3.2. Grantor shall toll the time for cure from the date of such request until a final determination is made, regarding whether a breach has, in fact, occurred, provided however, that any penalty or breach shall be deemed to run and be calculated from the date of Grantor's original notice under ¶ 10.3.1 in the event Grantee shall fail in its effort to dispute that a breach has occurred. 10.4.2 Hearing. Should Grantor desire to revoke the Franchise or impose a penalty, and Grantee requests a hearing under ¶ 10.3.1.1 above, Grantor shall provide Grantee an opportunity to appear at a public hearing within twenty (20) days of receipt of such request to present its argument, including the opportunity to offer evidence and question witnesses. Based on the evidence at such hearing, 305 Grantor shall within ten (10) days of such hearing determine whether Grantee was in breach of the Ordinance or Franchise and, if so, if Grantee has failed to cure or take substantial steps to cure such breach within the allotted time. If Grantor fails to make a determination within ten (10) days following such hearing, the applicable penalty shall be tolled until a determination is made. 10.4.3 Comoutation of Pen~ltv. Computation of the penalty shall begin on the day notice is received by the Grantee and shall continue until the breach is cured except as provided above. 10.5 Force Meieure; Waiver 10.5.1 Force Ma!eure. Grantee shall not be deemed in breach of this Ordinance or the Franchise for any failure to perform which results from circumstances not under Grantee's reasonable control, such as war, civil disturbance, natural catastrophe or acts of God. Grantee shall not be excused by economic hardship or by misfeasance or malfeasance of its directors, officers, employees, affiliates or Parent. 10.5.2 NO Waiver. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Ordinance or the Franchise by reason of failure or delay of Grantor to enforce prompt compliance. Any waiver by Grantor of a breach or violation of any provision of this Ordinance or the Franchise shall not operate as or be construed to be a waiver of any subsequent or prior breach or violation. 10.6 Removal After Expiration or Revocation; Option to Purchase 10.6.1 Removal. At the expiration and nonrenewal of the term of the Franchise or its revocation, Grantor shall have the right to require Grantee to remove, at Grantee's expense, all or any portion of the System from all Streets and public property within the Territorial Limits as well as Drops from private property at Subscriber's request. In so removing the System, Grantee shall backfill and compact, at its own expense, any excavation that shall be made and shall leave all Streets, public property and private property in the same condition as that prevailing prior to Grantee's removal of the System, and without affecting, altering or disturbing, in any way, any electric, telephone or utility cables, wires or attachments or other facilities. Grantor shall have the right to inspect and approve the condition of the Streets and public property after removal and to require appropriate repair or replacement. Grantee's insurance and indemnity shall remain in full force and effect during the entire term of removal. 3O6 10.6.2 Disoosal. If Grantee has failed to commence removal of the System, or such part thereof as was designated, within thirty (30) days after written notice of Grantor's demand for removal is given, or if Grantee has failed to complete such removal within one (1) year after written notice of Grantor's demand for removal is given, Grantor shall have the right to exercise one of the following options: 10.6.2.1 Declare the System abandoned, with title thereto vested in Grantor with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it; or 10.6.2.2 Cause the System, or such part thereof as Grantor shall designate, to be removed at Grantee's cost. The cost of removal shall be recoverable from the Letter of Credit and Bond provided for in the Franchise and herein, and from Grantee directly. 10.6.3 Ootion to Purchase. Grantor shall have the option, upon revocation for cause of the Franchise pursuant to this Part, to purchase the Cable System. If Grantor elects to purchase the Cable System, the price shall be determined as provided by applicable law, with no value placed on the Franchise. 11 ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE ("CATV COMMITTEE") 11.1 Member,~. The 11 members of the CATV Committee shall be selected as follows, and appointed by the appropriate authority: 11.1.1 One member from the Roanoke County Board of Supervisors. 11.1.2 One member from the Roanoke City Council. 11.1.3 One member from the Vinton City Council. 11.1.4 The Vinton Town Manager or his designee. 11.1.5 11.1.6 The Roanoke County Administrator or his designee. The Roanoke City Manager or his designee. 11.1.7 One member each from the Roanoke City and Roanoke County School Systems appointed by the respective School Boards. 307 1 1.1.8 One member at-large from each of the three jurisdictions (Vinton, Roanoke, Roanoke County) appointed by the respective governing body. The General Manager of Grantee shall be given notice of the date, time, and location of each meeting, with at least 10 days' notice where possible, and may attend all such meetings, except when the meetings are in executive session. The Chairperson shall be elected by the Committee for a period of one (1) year, or for such other term as the Committee shall determine. 1 1.2 Terms of Office. The terms for the three appointed at-large members shall be staggered, as follows: the initial appointee from Roanoke County shall serve one (1) year; the initial appointee from Roanoke City shall serve for two (2) years; and the initial appointee from the Town of Vinton shall serve for three (3) years. After the initial terms, each member at-large shall be appointed for a term of three (3) years or until a successor is qualified. Council or Board members shall serve for such periods as determined by their respective governing bodies. 11.3 Meetings. The CATV Committee shall meet at the call of the Chairperson or at such other times as the Committee shall determine, and not less often than once each year. A quorum shall be constituted by five (5) Members. The CATV Committee shall be authorized to adopt such By-laws and rules of procedure as are necessary to exercise the responsibilities granted herein. 11.4 P~)wer~ and Duties. The CATV Committee shall: 11.4.1 Advise Grantor on applications for Franchises. 1 1.4.2 Monitor Grantee's compliance with the provisions of this Ordinance and advise Grantor on matters which might constitute grounds for monetary forfeiture or revocation of the Franchise in accordance with this Ordinance. 1 1.4.3 To the extent permitted by applicable law, advise on the regulation of rates in accordance with this Ordinance, the Franchise, and applicable law. 1 1.4.4 Hear all complaints of Subscribers which have not been satisfied by Grantee; respond to such complaints; record all such complaints; attempt to resolve complaints with Grantee; record results; and report on an annual basis the results of its actions hereunder relating to complaints to the respective governing bodies. 308 1 1.4.5 Review any proposed change in Franchise ownership and recommend whether approval should be granted by Grantor. 11.4.6 Ordinance. Coordinate review of Grantee records as required by this 1 1.4.7 Encourage use of Access and Institutional channels among the widest range of institutions, groups and individuals within the Territorial Limits. 1 1.4.8 Review access budgets as prepared by Grantor departments and coordinate the expenditure of any capital grant funds provided for in the Franchise for the full development of educational channels and Access-Cablecasting programming, and other access uses of the Cable System. 11.4.9 Prepare and recommend to the respective governing bodies: 1 1.4.9.1 Rules and procedures consistent with this Ordinance and the Franchise, under which Grantee may use Access Channel capacity for the provision of other services when Access Channels are not being used for access purposes; and 1 1.4.9.2 Rules and procedures consistent with this Ordinance and the Franchise, under which such use by Grantee shall cease. 11.4.10 Develop appropriate policies and procedures; coordinate Access Cablecasting programming and activities; and assist in preparation and review of budgets for all Access and Origination Cablecasting activities. 11.4.11 Maintain records in accordance with statutory requirements. 12 COURT AND REGULATORY AGENCY REPORTS AND FILINGS Grantee shall submit to Grantor and the CATV Committee, within reasonable times after submission and/or receipt, copies of all pleadings, applications, reports, communications, and documents of any kind submitted by Grantee to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies, in any proceeding to which Grantee is a party and which materially affects the operation of the Cable System inside the Territorial Limits. Copies of tax returns need not be provided. 309 13 ACCEPTANCE Grantee shall execute any Franchise, granted pursuant hereto, along with attachments thereto, within 20 business days after the grant of the Franchise. 14 TIME IS OF THE ESSENCE Whenever this Ordinance or the Franchise sets forth any time for any act to be performed by or on behalf of Grantee, such time shall be deemed of the essence, and failure of Grantee to perform within the time allotted shall be subject Grantee to the applicable provisions set forth in Part 10 above. 15 APPLICATION FOR FRANCHISE Any application for a CATV Franchise must contain the following information: 15.1 applicant. Identification. The name, address and telephone number of the 1 5.2 Descriotion of Applicant. A detailed description of the corporate or other business-entity organization of the applicant, including but not limited to the following and to whatever extent required by Grantor: 15.2.1 The name, residence, business address, and telephone number of each officer, director, and the general manager of the applicant. 15.2.2 The name, residence, business address and telephone number of each persons having, being entitled to have or control, or controlling 1% or more of the ownership of the applicant; and each Parent and Affiliated Person of the applicant, and the respective ownership share. 15.2.3 The name,address, and telephone number of each Parent or Affiliated Person of the applicant, and a statement of the principal business of any such Parent or Affiliated Person, including but not limited to Cable Television Systems, broadcast stations, newspapers, magazines, and telephones companies, and the areas served thereby. 15.2.4 A detailed description of the previous experience of the applicant in providing Cable Television System service and related or similar service. 310 15.3 Aoolication 15.3.1 Detailed pro forma projections over the first ten years of operation of the system, by year: including, without limitation, numbers of Subscribers by Tier, rates by Tier, revenues in detail, expenses in detail, balance sheet, capital expenditures, depreciation, and cash flow. 15.3.2 A detailed and complete financial statement of the applicant, its Parent and/or its subsidiaries, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to the applicant and Grantor, setting forth the bases for studies performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct or rebuild and operate the proposed system, or a statement from a certified public accountant certifying that the applicant has available sufficient free, net and uncommitted cash resources to upgrade or construct and operate the proposed system. 15.3.3 A statement identifying, by place and date, any other cable television franchises awarded to the applicant, its Parent or subsidiary; the status of such franchises with respect to completion thereof; the total cost of completion of such system(s) and the amount of applicant's and its Parents' or subsidiaries' resources committed to the completion thereof. 15.3.4 A detailed description of the proposed plan of operation of the applicant which shall include but not be limited to the following: 15.3.4.1 A detailed map indicating all areas proposed to be served, and a proposed construction time schedule for the complete upgrade or rebuild of the system as necessary to become operational and to comply with this Ordinance and the Franchise, throughout the entire area to be served. 15.3.4.2 A statement or classifications of rates and charges, including charges, extra service, bad checks, etc.. schedule listing all proposed installation charges and service 15.3.4.3 A detailed, informative, and referenced statement describing the equipment (manufacturers and model numbers and operational and construction standards) which will be used by the applicant. 311 15.3.4.4 A detailed description of the technologies to be used, particularly in respect to extension policy and optimum service to all areas and including clear evidence of the feasibility of any planned new technologies. 15.3.4.5 Consumer-oriented subscriber-service standards. 16 REGULATORY CHANGES 16.1 General This Ordinance and any Franchise granted pursuant hereto shall be subject to all applicable federal and state laws, rules and regulations [hereinafter "law"]. If any such law is thereafter amended, changed or repealed, or any new law is adopted or promulgated applicable to Cable Service after the effective date of any franchise granted hereunder, any such amendment or change shall be incorporated into this Ordinance at the option of Grantor to the extent permitted by law. Such change shall become effective upon thirty (30) days written notice by Grantor to the Grantee of such incorporation. 16.2 Rate or Other Regulation. Grantor reserves the right to regulate rates for Cable Service or to engage in other regulatory activity to the fullest extent permitted by law. In the event that applicable law is amended or repealed or any restrictions on the authority of Grantor to regulate rates or other Grantee activities are removed or lessened, this Ordinance shall be deemed to include such regulatory authority for Grantor as if expressly set forth herein. If the FCC, or any other authorized entity, permits Grantor to regulate such rates, Grantor may, at its discretion, establish reasonable procedures and standards and regulate such rates to the fullest extent permitted. If the FCC or any other government body is granted the authority to regulate rates, such rules as may be promulgated may be appropriately incorporated into any Franchise and this Cable Ordinance, at the option of Grantor. 17 OPEN BOOKS AND RECORDS Grantee shall make available, upon written request by Grantor, complete and accurate books of account, records, maps, plans and other like materials of the company applicable to the business, ownership, and operations of the System. Grantor shall have the right to inspect Grantee's operations at intervals and for reasons related to the enforcement, compliance, and administration of this Ordinance and the Franchise and to obtain any applicable information which has not otherwise been provided to Grantor, when Grantor has reasonable basis to believe such has not been reported fairly or accurately. Grantor shall protect the confidentiality of such information to the extent permitted by law. 312 Within thirty (30) business days after request by Grantor, Grantee shall provide Grantor with copies of such records, certified as accurate by an officer of Grantee. 18 SEVERABILITY All terms and conditions of this Ordinance and the Franchise are subject to the rules and regulations of, and to any required approval of, federal and state agencies. If any provision of this Ordinance or any Franchise granted hereunder is held by any court or federal or state agency of competent jurisdiction to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter to become in effect, or is held by such court or agency to be modified in any way in order to conform to the requirement of any such law, rule or regulation, said provision shall be considered a separate, distinct and independent part of this Ordinance or the Franchise, and such holding shall not affect the validity and enforceability of any other provisions of this Ordinance or the Franchise. Notwithstanding the foregoing, if any part of the Franchise is found to be invalid by the FCC or any court of competent jurisdiction, then the parties shall renegotiate such part. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with the law, rules, and regulations then in effect, said provision shall thereupon return immediately to full force and effect, at the option of Grantor. 19 SERVICE AND REPAIR STANDARDS Grantee shall establish and adhere to a preventive maintenance policy directed toward maximizing the reliability and maintainability of the Cable System with respect to its delivery of Cable Service to Subscribers at or above the Technical Standards set forth herein. When it is necessary to interrupt Cable Service for the purpose of making repairs, adjustments, installations or other maintenance activities, Grantee shall do so at such times as will cause the least inconvenience to its Subscribers, generally between the hours of 11:30 p.m. and 6:30 a.m. the next morning. Grantee shall comply with consumer service standards as promulgated by the National Cable Television Association (NCTA) which standards are incorporated herein by reference, and with the following: 19.1 Repair Caoabilitv. Grantee shall maintain sufficient qualified technicians, service vehicles, and test and repair equipment to provide repair service within the parameters set forth below. 19.2 Notice. least 24 hours' notice maintenance or repair. Except in an emergency, Grantee shall give Subscribers at of any interruption of Cable Service for purposes of In an emergency, Grantee shall give such notice as is reasonable in the circumstances. Notice given on the Alphanumeric Channels shall be considered sufficient. When Subscriber channels will be interrupted, normal scheduled service and repair shall be performed between the hours of 11:30 p.m. and 6:30 a.m. the next morning. 313 19.3 Reoair Procedure. Grantee shall have a local listed telephone for receipt of requests for repairs at any time, 24 hours per day, seven days per week. Grantee responses to such requests shall occur within 24 hours after Grantee's receipt of such a request, oral or written, excluding Sundays and holidays. Verification of the problem and Grantee's best efforts to resolve the problem shall occur within 48 hours. In any event, resolution should occur within five (5) working days. Those matters requiring additional maintenance, repair, or technical adjustments that require more than five (5) working days to complete shall be reported in writing to the Subscriber and the CATV Committee. Grantor may require reasonable documentation to be provided by Grantee to substantiate a request for additional time to resolve any such complaint. Grantee shall respond seven days a week within two hours to any Area Outage which occurs between the hours of 7:00 am and 9:00 pm, and by not later than 11:00 am the following day to any Area Outage which occurs between 9:00 p.m., and 7:00 a.m. the following day. Such response shall mean actual commencement of trouble-shooting and repairs, plus contact with the complaining Subscriber(s), if reasonably possible under the circumstances. 19.3.1 Reoorts to Grantors. Grantee shall provide written notice detailing all actions taken to resolve complaints submitted to Grantor, within 5 business days from written or telephone notification by Grantor to Grantee. Grantee shall provide monthly service-call and outage reports to Grantor or the CATV Committee upon request. 19.4 Refund for Outage. For any continuous Service interruption or loss of service in excess of 24 hours, Grantee shall make a pro-rated refund of such Subscriber's regular monthly charge to each Subscriber so affected, upon written request of such Subscriber. The 24-hour period shall commence when Grantee learns of such outage whether through Subscriber notification or notification by Grantee's maintenance personnel. Such refunds shall be prorated by multiplying the applicable monthly service rate by a fraction whose numerator equals the number of days of the outage and whose denominator equals the number of days in the month of the outage. For 314 purposes of this paragraph, an outage shall be defined as a Subscriber's receipt of less than two thirds of the authorized Basic Cable Service Channels, or loss of any Premium Channel. Grantee shall not be required to grant a refund in the event that an outage is caused by any Subscriber. 19.5 Billinq Practices. Grantee shall maintain written billing practices and policies and shall furnish a copy thereof to Grantor, the CATV Committee, and all Subscribers, and to each new Subscriber. Grantor and all Subscribers shall be notified in writing 30 days in advance of any changes. 19.6 Pro-rated Service. In the event a Subscriber's service is terminated for any reason, monthly charges for service shall be pro-rated on a daily basis. Where advance payment has been made by a Subscriber, the appropriate refund shall be made by Grantee to the Subscriber within 30 days of such termination, unless the amount is less than 95.00 which shall be refunded only upon the Subscriber's request. 19.7 Disconnection f~)r Non-Payment. Grantee shall have the right to disconnect a Subscriber for failure to pay an overdue account provided that: 19.7.1 Grantee's billing practices and policy statements have set forth the conditions under which an account will be considered overdue; and 19.7.2 Grantee mails written notice of intent to disconnect at least 15 days prior to the proposed disconnection; and 19.7.3 The Subscriber's account is at least 30 days delinquent computed from the first day of service for which payment has not been made. 19.8 Records. Grantee shall maintain records of all service complaints by Subscribers either oral or written. Grantee shall maintain records showing the date of receipt of all written complaints and identifying the Subscriber, the nature of the complaint, and the date action was taken by Grantee in response thereto, together with a description of such action. Such records shall be kept available at Grantee's local office for at least two years from date of receipt, for inspection by Grantor as it may at any time and from time to time reasonably request, during business hours and upon reasonable notice. A periodic log of all complaints and resolutions, by category, shall be provided to the CATV Committee or its designee upon request. Complaints that remain unresolved for a period of ten (10) working days or more shall be reduced to writing by the Subscriber and submitted to the CATV Committee or its designee for appropriate action. 20 CONSUMER STANDARDS 315 Grantee shall comply with the following Consumer Standards, beginning within two years after the effective date of the Franchise. Service standards shall generally equal or exceed those established by the NCTA, and in Part 19 hereof. 20.1 Mean time I;~etween failures. The average time between Area Outages shall exceed twenty-four (24) hours in any twelve (12) month period. It shall be computed by dividing the operating time by the number of Area Outages. 20.2 Mean time to reoair. The average time to complete repair to System outages shall not exceed two (2) hours in any twelve (12) month period. It shall be computed by dividing the total time for repairs by the number of repair orders. 20.3 Subscriber Down Time. Annual Subscriber Down Time shall not exceed an average of four hours per Subscriber. 20.4 Mean Time to Inst~ll. Mean time to install shall be eight working days for underground installations and four working days for aerial installations. 20.5 Service Calls (Repeirs). Seventy percent (70%) of all repair requests shall be acted upon within 24 hours; 90% within 96 hours. All repair requests shall be resolved within 5 working days unless good and sufficient cause exists. Any service call not resolved within 5 working days shall be reported in writing to the CATV Committee by Grantee within two working days thereafter. 20.6 Teleohone Waiting Time. During normal business hours, 90% of all telephone calls shall be picked up on or before the fourth ring and no caller shall be allowed to wait for more than 10 rings. Waiting time shall not exceed an average of 30 seconds total for any caller and no caller shall be transferred except for specialized services. 21 PRIVACY Grantee shall comply fully with the letter and spirit of Section 631 of the Cable Act with regard to the right of privacy of any Subscriber. If any device or signal associated with the Cable System interferes with the right of privacy of any third party, Grantee shall terminate any such interference. Grantee shall not disclose the name of any Subscriber to any third party, except for Grantee's own marketing or research purposes. 316 21.1 Installation of Equipment. Grantee shall not install its Cable Distribution System on private property without first securing written permission of the owner or tenant in possession of such property or the written permission of the holder of any easement for utility lines or similar purposes, and in accordance with law. Upon request, Grantee shall inform owners and tenants of the functions of all equipment installed on private property. 21.2 Monitoring. Neither Grantee nor any of its officers, employees or agents shall tap, monitor or arrange for the tapping or monitoring of any Drop, Outlet or receiver for any purpose whatsoever other than legitimate technical performance testing of the Cable System or the monitoring of Subscriber Cable Service or monitoring to prevent theft of service, without prior written consent of all affected parties. 21.3 Subscriber Lists or Inf0rm~ti0n. Grantee shall not sell, disclose, or otherwise make available, or permit the use of, lists of the names or addresses of its Subscribers, or any list or other information which identifies Subscribers or Subscriber viewing habits, to any person or entity for any purpose whatsoever without the consent of such Subscriber, all in accordance with and subject to the provisions of the Cable Act and applicable law. This provision shall not prevent Grantee from performing such acts as may be necessary for the purpose of service-related activities, including surveys. 21.4 Protection of Privacy. Grantee shall not transmit any Audio, Video or Digital Signal, including polling channel selections, from any Subscriber's premises without first obtaining the written consent of that Subscriber. (This provision is not intended to prohibit the use of transmission signals useful only for the control or measurement of signal performance and programming, e.g., status monitoring or reception of premium programming, but such information shall not be used except for those basic purposes.) Grantee shall not permit the installation of any special terminal equipment in any Subscriber's premises which will permit transmission from Subscriber's premises of two-way services utilizing Audio, Video or Digital Signals without first obtaining written permission from the Subscriber. 22. PRIOR INCONSISTENT ORDINANCES. All ordinances or parts of ordinances inconsistent with or contravening this Ordinance or any franchise granted hereunder are hereby repealed. 317 23. NON-DISCRIMINATION. Grantee shall not discriminate on the basis of race, religion, color, sex or national origin in employment practices, contracting or provision of services. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and publication. FRANCHISE ORDINANCE LINE EXTENSIONS EXHIBIT A Cox Cable Roanoke, Inc. shall provide cable service to areas that have a density of 25 Dwelling Units or more per mile for aerial construction or 40 Dwelling Units or more per mile for underground construction where such areas are con- tiguous to the existing Cable System. Specifically, Cox Cable Roanoke, Inc. shall extend service to the areas in the southwest section of the County, indi- cated on the attached map. The areas on the line extension map highlighted in yellow represent areas in Southwest Roanoke County (Routes 220 and 221) where Cox shall extend Cable Service. These areas have 1,305 homes and will require construction of 64 plant miles which yields a 20.4 homes per mile current density level. Patterns of housing starts indicate these areas will soon exceed the 25 homes per mile standard and completion of construction to these areas shall be accomplished within 30 months after execution of the Franchise. The areas on the map highlighted in blue represent areas which comprise 705 homes and would require 62.4 plant miles resulting in an 11.3 homes per mile average density. The density of this area does not provide an adequate return on investment to provide Cable Service at this time. Cox Cable Roanoke shall consider other options for these areas such as construction cost sharing or possible assisting with provision of Direct Broadcast Satellite service where 318 FRANCHISE ORDINANCE DOWNTOWN-ROANOKE DROPS FOR GOVERNMENTAL USE EXHIBIT B Downtown - Roanoke Drops Time of Installation 1) Fire Station Church Avenue, S. W. Roanoke, Virginia On or before 5/1/92 2) Police Station 309 - 3rd Street, S. W. Roanoke, Virginia On or before 12/31/91 if connecting conduit is available. On or before 5/1/92 if not available. 3) Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia On or before 12/31/91 if connecting conduit is available. On or before 5/1/92 if not available. 4) Roanoke City Library 706 Jefferson Street Roanoke, Virginia On or before 12/31/91 5) 6) City Conference Center Jefferson Street, S. W. Roanoke, Virginia Option Building (Old IBM) Campbell Avenue, S. W. Roanoke, Virginia Future as needed. Future as needed. II. Government Housin9 Drops Subject to the consent and approval of the Roanoke Redevelopment and Housing Authority (RRHA), Cox Cable shall provide Cable Service to RRHA if the governmental housing underground facilities serving them can be accurately located by the owner of such facilities. Cable Service shall be installed within twenty four (24) months of request by the appropriate party; provided that the necessary conditions for installation have been met. ATTEST: j~(g.~,~.~ City Clerk APPROVED Miyor j 319 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30479-42291. AN ORDINANCE authorizing the execution of a certain cable television franchise agreement with Cox Cable Roanoke, Inc., upon certain terms and con- ditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a proposed cable television franchise agreement with Cox Cable Roanoke, Inc. providing for a term of twelve years, an expansion in chan- nel capacity to 62 channels, the provision of an institutional cable distribu- tion network, public, education and governmental access channels, establishment of a community studio, provision of basic service without charge for installa- tion and one converter/decoder to each elementary and secondary school academic building, a capital grant for allocation to the three jurisdictions of Vinton, Roanoke, and Roanoke County in the amount of $480,000.00, reimbursement of franchise award related expenses of an amount not to exceed $20,000.00, and payment of a franchise fee in the amount of five percent of gross revenues, and such other terms and conditions as are deemed to be in the best interest of the City of Roanoke and as more particularly set forth in the report and accom- panying exhibits of April 15, 1991, by the Chairman of the Roanoke Regional Cable Television Committee to this Council. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30480-42291. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Eisenhower Math/Science Title II 91-92 (1-10) ................. Parent Resource Center 91-92 (11-12) .......................... Chapter I Winter 124-90-1 (13) ................................ Chapter I Summer 124-90-2 (14) ................................ Chapter I Carryover 124-90-3 (15) ............................. Alternative Education 90 (16) ................................. Vocational Education Teen Parents 90 (17) ..................... Summer Youth Employment 90 (18) ............................... Transitional Services 89 (19) ................................. Child Development Clinic 90 (20) .............................. Child Specialty Services 90 (21) .............................. Juvenile Detention Home 90 (22) ............................... Special Education Interpreter Training (23) ................... Special Education Tuition 90 (24) ............................. Transitional Services 90 (25) ................................. Marketing Education Regional Coordinator 90 (26) .............. $17,045,103.00 34,208.00 4,000.00 1,654,278.00 121,613.00 383,816.00 259,482.00 39,377.00 31,480.00 6,390.00 48,968.00 62,321.00 34,751.00 1,203.00 208,234.00 9,715.00 43,407.00 Apprenticeship 90 (27) ........................................ 106,616.00 Adult Basic Education 90 (28) ................................. · 131,190.00 GED Testing 90 (29) ........................................... 6,363.00 SAT Preparation 89 (30) ....................................... 2,493.00 320 Drug Free Schools 90 (32) . !~;;~i..ii~..~;~;;~..~$ Governor's School 90 (33) ..................................... 28,000.00 34,479.00 637,434.00 Revenue Education Eisenhower Math/Science Title II 91-92 (34) ................... Parent Resource Center 91-92 (35) ............................. Chapter I Winter 124-90-1 (36) ................................ Chapter I Summer 124-90-2 (37) ................................ Chapter I Carryover 124-90-3 (38) ............................. Alternative Education 90 (39) ................................. Vocational Education Teen Parents 90 (40) ..................... Summer Youth Employment 90 (41) ............................... Transitional Services 89 (42) ................................. Child Development Clinic 90 (43) .............................. Child Specialty Services 90 (44) .............................. Juvenile Detention Home 90 (45) ........ Special Education Interpreter Training Special Education Tuition 90 (47) ............................. Transitional Services 90 (48) ................................. Marketing Education Regional Coordinator 90 (49) .............. Apprenticeship 90 (50) ........................................ Adult Basic Education 90 (51) ................................. GED Testing 90 (52) ........................................... SAT Preparation 89 (53) ....................................... School Volunteer Program 90 (54) ............ Drug Free Schools 90 (55) ....... ii~i]i..i.i..~]...]ii.iii]..i. Governor's School 90 (56) ..................................... 1) 2) 3) 4) 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) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) Math Curriculum Development Social Security Math Conference Attendance Roanoke Catholic Tuition Costs AIMS Books Science Curriculum Develop. Social Security Science Conference Attend. Science Tuition Costs Science Equipment Contracted Services Social Security Parent Involvement Supplements Elementary Teachers Teachers Teachers Teachers Contracting Services Consul rant Consultant Consultant Inservice Training Tuition Contracting Services Health Insurance Professional Services Teachers Teachers Contracting Services Coordinator Contracting Services Teachers Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant Recei)ts Recei)ts Recei)ts Recei)ts Recei)ts Recei)ts Recei)ts Recei)ts Federal Grant Recei)ts ~tate Grant ~eceiDts tare Grant Kecelpts (035-060-6230-6308-0129) $ (035-060-6230-6308-0201) (035-060-6230-6308-0554) (035-060-6230-6308-0587) (035-060-6230-6308-0613) (035-060-6230-6311-0129) (035-060-6230-6311-0201) (035-060-6230-6311-0554) (035-060-6230-6311-0587) (035-060-6230-6311-0821) (035-060-6591-6329-0313) (035-060-6591-6329-0201) (035-060-6127-6200-0585) (035-060-6128-6549-0129) (035-060-6129-6000-0121) (035-060-6418-6100-0121) (035-060-6419-6138-0121) (035-060-6422-6138-0121) (035-060-6569-6553-0313) (035-060-6574-6554-0138) (035-060-6575-6554-0138) (035-060-6576-6454-0138) (035-060-6578-6674-0587) (035-060-6579-6329-0312) (035-060-6580-6553-0313) (035-060-6737-6333-0204) (035-060-6738-6138-0313) (035-060-6739-6450-0121) (035-060-6740-6550-0121) (035-060-6946-6447-0313) (035-060-6948-6663-0138) (035-060-6949-6306-0313) (035-060-6951-6107-0121) (035-060-6230-1102) (035-060-6591-1102) (035-060-6127-1102) (035-060-6128-1102) (035-060-6129-1102) (035-060-6418-1102) $17,045,103.00 34,208.00 4,000.00 1,654,278.00 121,613.00 383,816.00 259,482.00 39,377.00 31,480.00 6,390.00 48,968.00 62,321.00 34,751.00 1,203.00 208,234.00 9,715.00 43,407.00 106,616.00 131,190.00 6,363.00 2,493.00 28,000.00 34,479.00 637,434.00 8,915.00 681.00 3,360.00 816.00 5,500.00 8,915.00 681.00 2,440.00 900.00 2,000.00 3,715.00 285.00 18,092.00 (17,736.00) ( 355.00) ( 8.00) (2,144.00) (2,877.00) (2,5Ol.OO) ( 562.00) 800.00 (2,251.00) ( 84.00) 8,234.00 ( 2,189.00 ( 14.00) (1,069.00) (2,610.00) ( 637.00) 343.00 (7,825.00) ( 290.00) (17,566.00) 34,208.00 4,000.00 18,092.00 (17,736.00) ( 355.00) ( 8.00) (2,144.00) (2,877.00) (2,501.00) ( 8 :88) 321 45) State Grant Receipts (035-060-6576-1100) $ (2,251.00) 46) Federal Grant Receipts {035-060-6578-1102) ( 84.00) 47) State Grant Receipts (035-060-6579-1100) 8,234.00 48) Federal Grant Receipts {035-060-6580-1102) { 2,189.00 49) State Grant Receipts (035-060-6737-1100) { 14.00) 50) Fees (035-060-6738-1103) (1,069.00) 51) Local Match (035-060-6739-1101) { 2,610.00) 52) Fees (035-060-6740-1103) ( 637.00) 53) Contributions (035-060-6946-1103) 343.00 54) Federal Grant Receipts (035-060-6948-1102) (7,825.00) 55) Federal Grant Receipts (035-060-6949-1102) ( 290.00) 56) Fees (035-060-6951-1103) {17,566.00) 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 22nd Day of April, 1991. No. 30481-42291. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to employees serving in Operation Desert Shiel d/Storm. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City shall pay to any City employee who, between November 14, 1990 and January 1, 1992, is called to active duty related to Operation Desert Shield/Storm a supplement equal to the difference between regular City salary and military base pay plus any other compensation received for such service. This supplement shall not be paid for any days that regular City salary must be paid to such employees. 2. Any City vacation leave used by such employees during active duty related to Operation Desert Shield/Storm shall be restored. 3. Each such employee shall be deemed to have earned City vacation leave for the period of such active duty in the same manner as if such employee had remained in service with the City. 4. For each such employee who returns to service with the City within seven (7) working days of the conclusion of such active military duty, the City shall pay the City portion of the health and dental benefit premiums necessary to provide coverage for the employee effective upon the date of return to ser- vice with the City. ATTEST: City C1 erk APPROVED 322 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30482-42291. AN ORDINANCE to amend and reordain subsection (b) of §2-41. Military Leave, Code of the City of Roanoke (1979), as amended; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of §2-41, Military Leave, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §2-41. Miliar~ Leave. (b) Any employee of the City who is a former member of the armed services or a member of the organized reserve forces of any of the armed services of the United States, National Guard, or naval militia shall be entitled to leaves of absence from his duties, without loss of seniority, accrued leave or efficiency rating on all days during which he shall be engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of §44-75.1 or §44-78.1, Code of Virginia. There shall be no loss of pay during such leaves of absence, except that paid leaves of absence for federally funded mili- tary duty, to include training duty, shall not exceed fifteen (15) workdays per federal fiscal year, and except that no employee shall receive paid leave for more than fifteen (15) workdays per federally funded tour of active military duty. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect retroactive to August 1, 1990. ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30483-42291. AN ORDINANCE authorizing an Extraterritorial Arrest Agreement to be entered into between the City and Roanoke County to provide for extraterritorial arrest power when certain offenses are committed in the presence of an on-duty officer of the City of Roanoke Police Department in Roanoke County or an officer of the Roanoke County Police Department in the City of Roanoke; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager, or the Assistant City Manager, is hereby authorized, for and on behalf of the City, to enter into an Extraterritorial 323 Arrest Agreement between the City and Roanoke County, Virginia, dated March 4, 1991, a copy of which is attached to the report of the City Manager, dated Apri 22, 1991, providing that an officer of the Roanoke City Police Department in Roanoke County, except in the Town of Vinton, or an officer of the Roanoke County Police Department in the City of Roanoke shall possess extraterritorial arrest power when certain enumerated offenses are committed in the presence of any such officer while on duty, and upon such other terms and conditions as are provided therein. 2. In order to provide for the usual daily operation of the munici- pal 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 22nd Day of April, 1991. No. 30484-42291. A RESOLUTION authorizing a revocable permit to Festival-in-the-Park, Inc., to hang certain banners from City traffic signal poles in the downtown area, upon certain terms and conditions. WHEREAS, Festival-in-the-Park, Inc., (hereinafter "Permittee") has requested that City Council authorize Permittee to hang certain banners from City traffic signal poles in the downtown area; and WHEREAS, Council is desirous of granting the request of Permittee pur- suant 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 hang Festival banners from City traffic signal poles located at the intersections of Jefferson Street-Elm Avenue and Jefferson Street-Franklin Road, pursuant to the following terms and conditions: {a) Such permit shall be revocable and shall be effective from May 1, 1991, through June 10, 1991; (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 pro- perty, growing out of or directly or indirectly resulting from the permission herein granted; (c) Permittee shall provide the City Clerk with a certifi- cate of insurance naming the City of Roanoke, its offi- cers, agents and employees as additional insureds, providing public liability insurance in amounts deemed satisfactory to the City Manager; (d) No object shall be constructed, attached, installed, erected, or maintained by Permittee so as to obscure the view of any directional or informational sign by an operator of a motor vehicle or pedestrian; (e) Banners shall be installed in accordance with the National Electrical Safety Code and the Uniform Manual of Traffic Control Devices; (f) Permittee shall obtain any and all necessary per- missions for construction, attachment, installation, erection and maintenance of such objects from any 324 affected private property owners and the Department of Highways and Transportation; State (g) The City shall incur no cost as a result of grant of this permit; (h) Permittee shall give notice to the City's Director of Public Works prior to entry on City property for installation and maintenance of such banners; and (i) Permittee will coordinate its efforts with represen- tatives of the Vietnam Veterans of America to display American flags on Memorial Day. 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 has been filed in the Office of the City Clerk. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30485-42291. A RESOLUTION establishing the minimum amount of public liability and property damage insurance to be provided by Festival-in-the-Park, Inc., for festival activities. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Festival-in-the-Park, Inc., 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 23, 1991 through June 2, 1991, 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 23, 1991. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30486-42291. AN ORDINANCE waiving the standard rental fee for use of certain City facilities for Festival in the Park, and granting certain concession rights in conjunction with such event; and providing for an emergency. 325 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 faci- lities and property by certain organizations. WHEREAS, Festival in the Park, Inc. 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 grand opening night on May 24, 1991, and the Friday night concert on May 31, 1991, of Roanoke's Festival in the Park, to be sponsored by Festival in the Park, Inc. 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. Festival in the Park, Inc. shall be authorized use of Victory Stadium for the grand opening night on May 24, 1991, and the Friday night con- cert on May 31, 1991, with waiver of the standard rental fees for such events. 2. Such organization or its designee shall be authorized, in conjunc- tion 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 pro- perty 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 and $2,000,000.00 aggregate. The City, its officers, officials, agents, employees and volunteers shall be named as addi- tional 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 24, 1991. 4. The applicant organization shall, and by execution of this resolu- tion, does agree to indemnify and save harmless the City, its officers, offi- cials, 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. 5. The applicant organization shall comply with all applicable terms and conditions of Resolution No. 24982, dated January 28, 1980. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30487-42291. AN ORDINANCE waiving the standard rental fee for use of certain City facilities for Commonwealth Games of Virginia and granting certain concession rights in conjunction with such events; and providing for an emergency. 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 faci- lities and property by certain organizations. WHEREAS, Virginia Amateur Sports, Inc. 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 Commonwealth Games of Virginia, to be sponsored by Virginia Amateur Sports, Inc. and to grant certain concession rights in conjunction with such events. 326 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Virginia Amateur Sports, Inc. shall be authorized use of Victory Stadium, National Guard Armory, Maher Field, River's Edge Sports Complex and Fallon Park Pool June 26, 1991 through July 7, 1991, as more particularly described in the City Manager's report of April 22, 1991, with waiver of the standard rental fees for Commonwealth Games of Virginia. 2. Such organization or its designee shall be authorized, in conjunc- tion 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 a public liability and property damage insurance contract 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 and $2,000,000.00 aggregate. The City, its officers, officials, agents, employees and volunteers shall be named as addi- tional 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 June 26, 1991, the beginning of the events hosted by Virginia Amateur Sports, Inc. 4. The applicant organization shall, and by execution of this resolu- tion, does agree to indemnify and save harmless the City, its officers, offi- cials, 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. 5. The applicant organization shall comply with all applicable terms and conditions of Resolution No. 24082, dated January 28, 1980. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30488-42291. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FYgO (1-5) .................................................... $1,874,334.00 Fifth District Employment & Training Consortium - FY91 (6-31) ................................................... 1,628,518.00 Revenue Fifth District Employment & Training Consortium - FYgO {32-34) ................................................. $1,874,334.00 Fifth District Employment & Training Consortium - FY91 (35-38) ................................................. 1,628,518.00 327 1) Wages 2) Wages 3) Contractural Services 4) Fringes 5) Dabney Lancaster 6) Wages 7) Fringes 8) Travel 9) Communications 10) Supplies 11) Insurance 12) Contractural Services 13) Wages 14) Fringes 15) Travel 16) Communications 17) Supplies 18) Funding Authority 19) Wages 20) Fringes 21) Supplies 22) Contractural Services 23) Wages 24) Fringes 25) Travel 26) Supplies 27) Virginia Hair Academy 28) TAP 29) Funding Authority 30) Wages 31) Fringes 32) Title IIB Admin. 33) Title IIB Program 34) Contributions - Other Localities 35) Contributions - Other Localities 36) Title IIB Admin. 37) Title IIB Program 38) Veteran's Program (034-054-9080-8350) (034-054-9065-8010) (034-054-9065-8017) (034-054-9065-8011) (034-054-9065-8232) (034-054-9165-9010) (034-054-9165-8011) (034-054-9165-8012) (034-054-9165-8013) (034-054-9165-8015) (034-054-9165-8016) (034-054-9165-8017) (034-054-9165-8050) (034-054-9165-8051) (034-054-9165-8052) (034-054-9165-8053) (034-054-9165-8055) (034-054-9165-9990) (034-054-9168-8010) (034-054-9168-8011) (034-054-9168-8015) (034-054-9168-8021) (034-054-9168-8050) (034-054-9168-8051) (034-054-9168-8052) (034-054-9168-8055) (034-054-9168-8199) (034-054-9168-8233) (034-054-9168-9990) (034-054-9180-8350) (034-054-9180-8351) (034-034-1234-9078) (034-034-1234-9079) (034-034-1234-9080) (034-034-1234-9180) (034-034-1234-9178) (034-034-1234-9179) (034-034-1234-9168) 939.00 12,955.00) 5,000.00) 1,154.00) 20,221.00) 70,612.00 11,471.00 500.00 1,000.00 1,550.00 1,500.00 5,000.00 18,950.00 2,983.00 1,000.00 1,100.00 1,200.00 18,282.00 6,060.00 908.00 100.00 350.00 3,157.00 474.00 216.00 350.00 1,250.00 264.00 23,959.00 5,499.00 456.00 19,109.00) 20,221.00) 939.00 5,955.00 33,482.00 101,666.00 37,088.00 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 22nd Day of April, 1991. No. 30489-42291. A RESOLUTION ratifying the emergency procurement of certain sanitary sewer repairs. WHEREAS §41 of the City Charter authorizes the City Manager to make emergency procurements 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 procurements to Council at its next regular meeting; WHEREAS, by report of April 22, 1991, the City Manager has advised of an emergency procurement of certain sanitary sewer repairs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the emergency procurement for repairs to a broken section of City sanitary sewer line under the A. G. Edwards and Sons, Inc. buildina ]~a~d at 10~ Cgmpbell Avenue, S.W., by Insituform East, Inc. at a cost of $2$,uuu.uu on or aoou~ 328 Friday, April 19, 1991, as more particularly set forth in the report of the City Manager dated April 22, 1991, is hereby ratified and the Director of Finance is hereby authorized and directed to make requisite payment to said vendor. ATTEST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30490-42291. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructure Towne Square Shopping Center (1) .............................. Hunting Hills Plaza (2) ....................................... $16,682,113.00 150,000.00 70,000 O0 Revenue Towne Square Joint Venture Letter of Credit (3) ................. 220,000.00 1) Appropriations from General Revenue 2) Appropriations from General Revenue 3) Towne Square Joint Venture (008-052-9666-9003) (008-052-9667-9003) (008-1265) $ 150,000.00 70,000.00 (220,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of April, 1991. No. 30491-42291. A RESOLUTION recognizing the meritorious service the City by Von W. Moody, III, Director of Real Estate Valuation. rendered to WHEREAS, this Council has the resignation of Von W. Moody, Valuation effective May 13, 1991; received, and accepted with regret, III, as Director of Real Estate WHEREAS, Mr. Moody has served the City in outstanding fashion in various important capacities for more than ten years, including service as Senior Commercial Appraiser from April, 1981, to May, 1983, 329 Acting Deputy Director of the Office of Real Estate Valuation from May, 1983, to August, 1983, Deputy Director of the Office of Real Estate Valuation from August, 1983, to August, 1986, and Director of Real Estate Valuation from August 1, 1986, to May 13, 1991; WHEREAS, as Director of Real Estate Valuation, Mr. Moody has been charged with responsibility for managing a staff of thirteen per- sons having the duty of assessing 44,000 parcels of residential and commercial real property per year; and WHEREAS, in this capacity, Mr. Moody has given unselfishly of his time and ability and has served the City with the utmost loyalty and devotion, displaying the highest professionalism and competence, and, in particular, attributes of honesty, integrity, and friendli- ness; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this means of recognizing and com- mending the outstanding professional services rendered to the City by Von W. Moody, III. 2. City Council extends its best wishes to Mr. Moody as he continues the practice of his profession in the private sector. 3. The City Clerk is directed to forward an attested copy of this resolution to Mr. Moody. Given under our hands and the Seal this twenty-second day of April hundred and ninety-one. ATTEST: City Clerk of the City of Roanoke in the year of our Lord, nineteen Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of April, 1991. No. 30492-42291. A RESOLUTION commending and expressing appreciation to those persons and organizations involved in successful planning for and implementation of the 1991 Metro Conference Basketball Tournament. WHEREAS, on March 7 through 9, 1991, the Metro Conference Basketball Tournament was held at the Roanoke Civic Center; WHEREAS, the Tournament was efficiently conducted in all of its logistical aspects, visiting teams and officials were received most hospitably and the Civic Center facility was in outstanding condition; WHEREAS, hundreds of hours of planning went into making the Tournament the successful event that it was; WHEREAS, a large number of City employees were involved in conduct of this important event, and these employees performed in an exemplary fashion; WHEREAS, a large number of corporate sponsors and contributors, other organizations and volunteers made significant contributions toward the success of this event; and WHEREAS, City Council desires to recognize the contributions of those persons and organizations who made the 1991 Metro Conference Basketball Tournament the enormous success that it was; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 330 1. The members of the 1991 Metro Tournament Committee, consisting of Bobby Archer, Jack Bogaczyk, Bob Chapman, John Clarke, Mark Collins, Larry Harris, W. Robert Herbert, Laban Johnson, John Lambert, Martha Mackey, Mac McCadden, Tom McNeer, Lu Merritt, Charlie Moir, Jody Moir, Danny Monk, Jess Newbern, Chris Powell, Jim Settles, George C. Snead, Jr., Jack Williams, Brian J. Wishneff and Dan Wooldridge, are hereby commended by City Council for their excellent work in planning the many details of the most successful Basketball Tournament conducted at the Roanoke Civic Center on March 7 through 9, 1991. 2. The following City employees, who performed in exemplary fashion, giving unselfishly of their time and ability in support of the Tournament, are hereby commended for their service: Chris Powell, Marketing and Sales Coordinator, Vivian Nelson, Executive Secretary, Mae Huff, Account Technician, Ed Parker, General Superintendent, Roy Moore, General Supervisor, Ted Littreal, General Supervisor, Edgar Jones, Crew Supervisor II, Bruce Powers, Crew Supervisor II, George Assaid, Trades Helper, James Rayfield, Trades Helper, William Dickson, Building Maintenance Supervisor, Michael Randolph, Electrician, Jay Patton, Electrician, Gary Hannabass, Maintenance Mechanic II, Chuck Blackwell, Maintenance Mechanic II, Vern Steed, Business Coordinator, Pat Willis, Head Cashier, Lucy Barlow, Cashier, Sue Craig, Cashier, Susan Jones, Cashier, Richard Day, Supervisor and his staff of 37 patron service attendants, Larry Desper, Supervisor and his staff of 11 parking lot attendants, June Hatch, Supervisor and her staff of eight parking lot cashiers, the Minute Men Crew, Mark Allan Williams, Assistant City Attorney, D. D. Roupe, Manager of General Services, L. Bane Coburn, Engineer, Larry Minnix, Construction Inspector, W. Alvin Hudson, Sheriff, Major George McMillan, Nelson Jackson, Manager of Build- ing Maintenance/Custodial Services, Ernest Wilson, Superintendent, Tony Chapman, Custodian, Melvin Matthews, Custodian, Robert T. Nance, Custodian Supervisor, Gilbert Finney, Jr., Custodian Supervisor, Frank W. Broughman, Custodian III, Ramona T. Brown, Custodian I, William L. Callands, Jr., Custodian I, John D. Childs, Custodian I, Edward J. Daniels, Custodian II, Alonzo W. English, Custodian I, Arthur B. Gravely, Jr., Custodian I, Pamela B. Hairston, Custodian I, Carolyn Y. Jordan, Custodian I, Joseph B. Lee, Custodian II, Frances E. Mattox, Custodian I, Thomas E. Morris, Custodian I, Gustavus L. Poindexter, Custodian II, Alphonsia Preston, Custodian I, Lill A. Robertson, Custodian I, Teresa S. Russell, Custodian I, Cheryl A. Stephens, Custodian I, Charles L. Bonds, Custodian I, Lt. W. L. Althoff, Traffic Division of Police Department, Ed Culp, Turf Specialist. 3. The following organizations who made significant contributions to the Tournament's success are hereby commended: The Roanoke Valley Convention and Visitors' Bureau; Virginia Polytechnic Institute & State University and their Athletic Department; Blue Ridge Catering Service (Wayne Arrington and Gerry Grout and their staff); Blue Ridge Investigation Service (Harold McCann, owner, and his security guards); and International Alliance of Theatrical and Stage Employees (Jim Nelson, union steward, and his crew). 4. Appreciation is hereby expressed to those corporate sponsors and contributors who graciously made financial and in-kind contributions as well as gifts of products in support of the Tournament. 5. Appreciation is also expressed to the hundreds of volunteers, who gave of their time and energy in serving as hosts, drivers, coordinators, etc., on behalf of the Tournament. 6. Recognizing that a major athletic event, such as the 1991 Metro Conference Basketball Tournament, cannot be successfully conducted without the cooperation and support of hundreds of persons and organizations, many of whom have not or cannot be identified in this resolution, Council expresses appre- ciation and that of the City of Roanoke to all of those persons and organiza- tions, named and unnamed, who made contributions in support of this immensely successful event. ATTEST: 7~)6~k~.~.~_~_ City C1 erk APPROVED 331 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd Day of May, 1991. No. 30493-50291. A RESOLUTION authorizing the appropriate City officials to make appli- cation to the Virginia Public School Authority for financing under the Authority's Literary Fund Interest Rate Subsidy Program. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized and directed to make application to the Virginia Public School Authority for financing in an amount not to exceed $2,000,000 under the Authority's Literary Fund Interest Rate Subsidy Program in order to fund improvements and additions to Crystal Spring Elementary School. ATTEST City Clerk APPROVED Maydr ~/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of May, 1991. No. 30494-50691. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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) .............................. Non-departmental Contingency - General Fund (2) ................................ $ 13,754,833.00 181,948.00 12,964,743.00 657,056.00 1) Subsidies 2) Contingency (001-054-5230-3700) (001-002-9410-2199) $ 40,000.00 (40,OO0.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~~)~.,/~.~.__ ~ ~Clty Clerk APPROVED 332 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of May, 1991. No. 30495-50691. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation $ 6,207,816.00 Storm Drain Cross Connection Projects (1) ..................... 32,534.00 Capital Improvement Reserve (6,555,360.00) Public Improvement Bonds - Series 1988 (2) .................... 897,515.00 1) Appropriation from Bonds 2) Storm Drains (008-052-9670-9001) $ 32,534.00 (008-052-9603-9176) (32,534.00) 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 May, 1991. No. 30496-50691. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Nondepartmental Contingency - General Fund (1) ................................ Public-Safety Subsidies to Emergency Medical Services (2) ................... $12,954,743.00 657,056.00 28,659,345.00 238,969.00 Revenue Miscellaneous Revenue $ Accounts Receivable - Roanoke Emergency Medical Services (REMS) (3) .......................................... Miscellaneous (4) ............................................. 805,025.00 4,976.00 488,181.00 1) Equipment Replacement Contingency (001-002-9410-2202) $(40,000.00) 2) REMS Capital Equipment (001-050-3260-3697) 44,976.00 3) Due from REMS (001-1280) 4,976.00 4) REMS - Reimbursement of Ambulance Cost (001-020-1234-0890) 4,976.00 333 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of May, 1991. No. 30497-50691. A RESOLUTION accepting the bid of National Ambulance Builders, Inc. for furnishing and delivering an ambulance to the City; authorizing the donation of said ambulance to Roanoke Emergency Medical Services, Inc.; and providing for an amendment to the City's contract with Roanoke Emergency Medical Services, Inc. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of National Ambulance Builders, Inc., made to the City, offering to supply one (1) new, low profile, 4-wheel drive ambulance, meeting all of the City's specifications and requirements therefor, for the total bid price of $44,976.00, 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 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. Upon acquisition of such ambulance and upon execution of the amendment referred to below, the City Manager or his designee is authorized to donate such ambulance, on behalf of the City, to Roanoke Emergency Medical Services, Inc. (REMS). 4. The City Manager or Assistant City Manager and the City Clerk are authorized, on behalf of the City, to execute an amendment to the City's agreement with REMS dated September 5, 1989, to provide that, should REMS cease to operate as a non-profit organization which provides emergency medical ser- vices to the public, the title to any property or equipment donated by the City to REMS shall be transferred to the City. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of May, 1991. No. 30498-50691. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 334 Appropriations Sanitation $ 6,207,182.00 Peters Creek - Meadowbrook Widening (1) ....................... 35,000.00 Capital Improvement Reserve (6,554,726.00) Public Improvement Bonds - Series 1988 (2) .................... 898,149.00 1) Appropriation from Bonds 2) Storm Drains (008-052-9669-9001) (008-052-9603-9176) $ 35,000.00 (35,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /~ C~ity Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of May, 1991. No. 30499-50691. AN ORDINANCE accepting the bid of Joe Bandy and Son, Inc., for Phase I of the Peters Creek Flood Reduction Project consisting of channel widening below Meadowbrook Road, N. W., upon certain terms and conditions, and awarding a contract therefore; authorizing the appropriate 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 Joe Bandy and Son, Inc., in the total amount of $31,900.00, for Phase I of the Peters Creek Flood Reduction Project consisting of channel widening below Meadowbrook Road, N. W., as more particularly set forth in the May 6, 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. 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 335 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of May, 1991. No. 30500-50691. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government Fire Station 460 East (1) ..................................... Capital Improvement Reserve Capital Improvement Reserve (2-3) ............................. $ 7,342,002.00 764,819.00 (6,732,358.00) 538,260.00 Fund Balance Reserved Fund Balance - Unappropriated (4) ..................... 1,133,663.00 1) Appropriations from General Revenue 2) FY90 Revenue Adjustment 3) Building and Structure 4) Reserved Fund Balance Unappropriated (008-050-9653-9003) (008-052-9575-9188) (008-052-9575-9173) (008-3325) $ 347,897.00 (177,560.00) (31,972.00) (138,365.00) 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 May, 1991. No. 30501-50691. AN ORDINANCE accepting the bid of Loeb Construction Company for construction of Fire Station No. 14, 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 Loeb Construction Company made to the City in the total amount of $530,700.00 for construction of Fire Station No. 14, including Alternate No. 1, 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. 336 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 6th Day of May, 1991. No. 30502-50691. AN ORDINANCE accepting the bid of Breakell, Inc. for the construction of a declorination facility at Carvins Cove Water Filter Plant, upon certain terms and conditions, and awarding a contract therefor;~authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Breakell, Inc. made to the City in the total amount of $19,000.00 for construction of a declorination facility at Carvins Cove Water Filter Plant, such bid being in full compliance with the City's plans and speci- fications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of this munici- pal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of May, 1991. No. 30503-50691. 337 AN ORDINANCE accepting the bid of Mechanical and Plumbing, Inc. to remove and reassemble a blower engine at the Water Pollution Control Plant, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Mechanical and Plumbing, Inc. made to the City in the total amount of $47,700.00 to remove and reassemble White Superior Blower Engine, Model No. 40GDSX-12 at the Water Pollution Control Plant, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of this munici- pal 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 6th Day of May, 1991. No. 30504-50691. A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill an unexpired portion of a four (4) year term on its Board of Directors. WHEREAS, Jack C. Smith was appointed by the Council as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on October 21, 1987, and expiring on October 20, 1991, and Mr. Smith has died leaving a vacancy on the Board; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Margaret R. Baker is hereby appointed as a Director on the Board of Directors of 338 the Industrial Development Authority of the City of Roanoke, Virginia, to fill Mr. Smith's unexpired term which commenced on October 21 1987, and expires on October 20, 1991. ' ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th Day of May, 1991. No. 30505-50691. A RESOLUTION electing and appointing Nadine C. Minnix as Acting Director of Real Estate Valuation for the City of Roanoke effective May 14, 1991, and ratifying the terms and conditions of employment as Acting Director offered to Ms. Minnix by a certain letter. WHEREAS, the City Council desires to elect and appoint Nadine C. Minnix as Acting Director of Real Estate Valuation pursuant to the Roanoke Charter of 1952, general law of the Commonwealth and Chapter 584 of the 1964 Acts of Assembly; and WHEREAS, Ms. Minnix has agreed to accept election and appointment as Acting Director; THEREFORE, BE IT RESOLVED by t.,e 'Council of the City of Roanoke as follows: 1. Nadine C. Minnix is hereby elected and appointed as Acting Director effective May 14, 1991. 2. The terms and conditions of Ms. Minnix's election and appointment as Acting Director shall be as set forth in the letter, dated May 1, 1991, from Howard E. Musser, Chairman of the Personnel Committee of City Council, to Ms. Minnix, a copy of which is on file in the Office of the City Clerk. 3. With respect to benefits of employment not enumerated in such letter of May 1, 1991, Ms. Minnix shall be accorded such benefits on the same basis as other similarly situated employees of the City. 4. Ms. Minnix shall make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. 5. Ms. Minnix shall perform the duties and responsibilities of the office of Acting Director until such time as a successor Acting Director or Director is elected and appointed by this Council through duly adopted resolu- tion. ATTEST: .~..~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30508-51391. 339 A RESOLUTION approving the proposed Fiscal Year 1991-1992 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 Depart- ment 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 13, 1991, the City Manager has transmitted to this Council for its review and consideration the proposed Fiscal Year 1991-1992 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 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 6, 1991, and con- ducted a public hearing on it on May 13, 1991, and citizen input was received earlier during hearings on January 15, 1991, and April 18, 1991. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council approves the Proposed Fiscal Year 1991-1992 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds. 2. The City Manager or Assistant City Manager is authorized to exe- cute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD) for final review and approval. 3. The City Manager or Assistant City Manager is authorized to exe- cute the requisite Grant Agreement with HUD and any and all understandings, assurances and documents relating thereto, for and on behalf of the City. ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30510-51391. A RESOLUTION authorizing the extension of a temporary line of credit to the City of Roanoke Redevelopment and Housing Authority (RRHA) to guarantee interim construction financing for the construction of a parking garage at 25 Church Avenue, S.E.; and authorizing the proper City officials to execute an appropriate Agreement on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A temporary line of credit, in an amount not to exceed $3,825,000.00, be extended to RRHA in order to guarantee interim construction financing for the construction of a parking garage at 25 Church Avenue, S.E., the terms and conditions of such line of credit being more particularly set forth in the City Manager's report to Council dated May 13, 1991. 34O 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, an Agreement for the above purpose with RRHA, upon such terms and conditions as are deemed appropriate by the City Manager and in accordance with the recommen- dations contained in the report of the City Manager, dated May 13, 1991, said Agreement to be in such form as is approved by the City Attorney. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30511-51391. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $ 19,134,541.00 Refuse Collection (1) ......................................... 4,375,647.00 Non-departmental 12,903,932.00 Contingency - General Fund (2) ................................ 605,068.00 Revenue Accounts Receivable - Regional Solid Waste Board Recycling (3) ............................... Miscellaneous Revenue Miscellaneous (4) ............................................. 28,512.00 828,561.00 511,717.00 1) Other Equipment 2) Equipment Replacement Contingency 3) Regional Solid Waste Board Recycling 4) Miscellaneous (001-052-4210-9015) (001-002-9410-2202) (001-1257) (001-020-1234-0859) $ 82,705.00 (54,193.00) 28,512.00 28,512.00 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 13th Day of May, 1991. No. 30512-51391. 341 A RESOLUTION providing for the purchase of a recycling truck, upon cer- tain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; and rejecting other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Wilbar Truck Equipment, Inc., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one (1) new recycling truck, along with performance bond, for the sum of $78,250.00, is hereby ACCEPTED. 2. The City's Manager of General Services is 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. The other bids made to the City for the supply of such equipment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30514-51391. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations City Manager (1) ............................................. $ Contingency - General Fund (2-3) ............................. Billings and Collections (4) ................................. Minicipal Auditing (5) ....................................... Registray (6) ................................................ Treasurer (7) ................................................ Commissioner of Revenue (8) .................................. Sheriff (9) .................................................. Jail (10) .................................................... Commonwealth's Attorney (11) ................................. General Services (12) ........................................ Director, Administration and Public Safety (13) .............. Personnel Management.(14) .................................... Risk Management (15) ......................................... Police - Administration (16) ................................. Police - Investigation (17) .................................. Police - Patrol (18) ......................................... Police - Services (19) ....................................... Police - Training (20) ....................................... Fire - Administration (21) ................................... Fire - Operations (22) ....................................... 490,421.00 791,931.00 864,217.00 405,494.00 155,211.00 670.999.00 735,390.00 1,326,816.00 3,818,811.00 671,361.00 248,500.00 111,847.00 570,024.00 365,750.00 228,980.00 2,461,267.00 6,133,371.00 1,362,315.00 202,415.00 278,022.00 10,046,375.00 342 Fire - Training (23) ......................................... $ Emergency Services (24) ...................................... Emergency Medical Services (25) .............................. Grounds Maintenance (26) ..................................... Parks and Recreation (27) .................................... Building Inspections (28) .................................... Street Maintenance (29) ...................................... Communications (30) .......................................... Refuse Collection (31) ....................................... Custodial Services (32) ...................................... Building Maintenance (33) .................................... Community Planning (34) ...................................... Director, Human Resources (35) ............................... Outreach Detention (36) ...................................... Social Services - Income Maintenance (37) .................... Social Services - Services (38) .............................. Social Services - Employment Services (39) ................... Libraries (40) ............................................... Circuit Court (41) ........................................... Revenue Commonwealth's Attorney (42) ................................. $ Sheriff (43) ................................................. Commissioner of Revenue (44) ................................. Treasurer (45) ............................................... Jail (46)° ................................................... PA Administration and Staff Development (47) ................. Employment Services (48) ..................................... Purchased Services (49) ...................................... 129.032.00 213,271.00 786,346.00 3,032,675.00 1,261,963.00 671,449.00 2,477,768.00 1,488,780.00 4,289,422.00 862,708.00 2,9~4,594.00 356,360.00 159,385.00 156,209.00 3,529,017.00 6,078,426.00 667,144.00 1,871,721.00 134,047.00 513,924.00 1,089,030.00 209,647.00 256,139.00 3,591,702.00 1,927,765.00 321,693.00 524,523.00 1) Regular Employee Salaries (001-002-1211-1002) $ 2,050.00 2) Personnel Lapse (001-002-9410-1090) 272,383.00 3) Supplemental Budget-Employee Compensation 4) Regular Employee 5) Regular Employee 6) Regul ar Employee 7) Regular Employee 8) Regul ar Employee 9) Regular Employee 10) Regul ar Employee 11) Regular Employee 12) Regul ar Employee 13) Regular Employee 14) Regul ar Employee 15) Regul ar Employee 16) Regular Employee 17) Regular Employee 18) Regul ar Employee 19) Regular Employee 20) Regular Employee 21) Regular Employee 22) Regul ar Employee 23) Regul ar Employee 24) Regul ar Employee 25) Regular Employee 26) Regul ar Employee 27) Regular Employee 28) Regul ar Employee 29) Regul ar Employee 30) Regular Employee 31) Regul ar Employee 32) Regul ar Employee 33) Regular Employee 34) Regul ar Employee 35) Regul ar Employee 36) Regul ar Employee 37) Regul ar Employee 38) Regul ar Employee 39) Regular Employee 40) Regular Employee 41) Regular Employee Salaries Salaries Salaries Salaries Salaries Salaries Salaries Sal arl es Salaries Salaries Salaries Salaries Salaries Sal arl es Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries (001-002-9410-2207) (001-004-1232-1002) (001-005-1240-1002) (001-010-1310-1002) (001-020-1234-1002) (001-022-1233-1002) (001-024-2140-1002) (001-024-3310-1002) (001-026-2210-1002) (001-050-1237-1002) (001-050-1260-1002) (001-050-1261-1002) (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) (001-050-3213-1002) (001-050-3214-1002) (001-050-3520-1002) (001-050-3521-1002) (001-050-4340-1002) (001-050-7110-1002) (001-052-3410-1002) (001-052-4110-1002) (001-052-4130-1002) (001-052-4210-1002) (001-052-4220-1002) (001-052-4330-1002) (001-052-8110-1002) (001-054-1270-1002) (001-054-3330-1002) (001-054-5313-1002) (001-054-5314-1002) (001-054-5316-1002) (001-054-7310-1002) (001-072-2110-1002) (139,713.00) (8,259.00) (14,202.00) 267.00 (3,169.00) (3,591.00) 617.00 (10,564.00) (4,384.00) 98.00 777.00 8,910.00 1,466.00 (1,504.00) (25,629.00) 4,489.00 (23,488.00) 5,459.00 (8,629.00) (7,656.00) 4.00 (5,966.00) 11,941.00 (7,526.00) 910.00 (11,308.00) (15,558.00) (8,012.00) (3,520.00) (6,533.00) (10,275.00) 1,881.00 ( 17.00) 54.00 (29,633.00) (31,974.00) (6,959.00) 2,348.00 461.00 42) Commonwealth's Attorney 43) Sheriff 44) Commissioner of Revenue 45) Treasurer 46) Jail 47) PA Administration and Staff Development 48) Employment Services 49) Purchased Services (001-020-1234-0610) (001-020-1234-0611) (001-020-1234-0612) (001-020-1234-0613) (001-020-1234-0651) (001-020-1234-0676) (001-020-1234-0681) (001-020-1234-0683) $( 4,384.00) 617.00 (1,795.00) (1,584.00) (10,564.00) (23,706.00) (6,959.00) (25,579.00) 343 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 13th Day of May, 1991. No. 30515-51391. AN ORDINANCE adopting the annual General Fund Appropriation 'of the City of Roanoke for the fiscal year beginning July 1, 1991, and ending June 30, 1992; 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 Treasurery for the General Fund in the fiscal year beginning July 1, 1991, and ending June 30, 1992, 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 pur- poses, 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 Total Revenue $20,936,624.00 7,401,730.00 1,581,272.00 2,429,090.00 $ 49,932,300.00 38,694,556.00 471,000.00 656,000.00 909,000.00 23,953,143.00 27,000.00 4,930,207.00 168,000.00 32,348,716.00 $152,090,022.00 Appropriations 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 of Real Estate General Services 218,179.00 276,892.00 488,033.00 293,156.00 520,830.00 1,540,947.00 836,081.00 712,738.00 694,092.00 718,299.00 21,500.00 215,680.00 344 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 Court Clerk Sheriff Law Library Commonwealth's Attorney Police - Administration $ 242,903.00 Police - Investigation 2,673,663.00 Police - Patrol 5,983,696.00 Police - Services 1,365,068.00 Polive - Training 185,729.00 Fire - Administration Fire - Technical Services 248,244.00 Fire - Operations 8,770,878.00 Fire - Training and Safety 125,216.00 Jail Juvenile Detention Home Outreach Detention Youth Haven I Crisis Intervention Center Building Inspection Emergency Services Emergency Medical Services Animal Control Street Maintenance Street Paving Communications Snow Removal Street Lighting Signals and Alarms Recycling Refuse Collection Custodial Services Engineering Building Maintenance Parks and Grounds 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 Temporary Food Assistance State and Local Hospitalization Nursing Home Roanoke City Public Schools Recreation City Market Contributions Libraries Community Planning Economic Development and Grants Grants Compliance Community Education Cooperative Extension Program Fringe Benefits Miscellaneous Transfer to Other Funds Contingencies Personnel Lapse Contingency $ 434,971.00 3,677,991.00 6,149,800.00 576,370.00 14,103.00 Total Appropriations $ 343,318.00 125,489.00 116,727.00 535,435.00 368,525.00 124,403.00 111,614.00 183,148.00 140,417.00 854,483.00 33,607.00 148,213.00 28,901.00 1,332,681.00 160,000.00 700,617.00 10,451,059.00 9,419,858.00 4,073,838.00 631,164.00 159,693.00 333,681.00 372,104.00 666,726.00 170,022.00 980,420.00 248,616.00 2,295,922.00 650,000.00 1,501,644.00 101,590.00 850,605.00 653,314.00 145,282.00 3,827,458.00 890,283.00 1,199,386.00 2,798,455.00 2,941,445.00 1,023,055.00 306,588.00 285,000.00 141,948.00 10,853,235.00 111,442.00 1,244,153.00 64,300,458.00 1,177,324.00 11,373.00 791,301.00 1,853,043.00 373,945.00 292,040.00 49,373.00 44,111.00 54,855.00 917,000.00 110,500.00 10,603,811.00 1,216,897.00 875,000.00) $ 152,090,022.00 345 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another; 4. That this Ordinance shall be known and cited as the 1991-1992 General Fund Appropriation Ordinance; and 5. That in order to provide for the usual daily operation of the muni- cipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1991. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30516-51391. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1991, and ending June 30, 1992; 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, 1991, and ending June 30, 1992, 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 $4,412,419.00 116,000.00 Total Revenue $4,528,419.00 Appropriations General Operating Expense Water Pumping Station and Tanks Water Purification Depreciation Capital Outlay Total Appropriations $1,766,887.00 599,792.00 841,318.00 $3,207,997.00 758,793.00 923,000.00 $4,889,790.00 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 1991-92 Water Fund Appropriation Ordinance; and 346 4. That in order to provide for the usual daily operation of the muni- cipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1991. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30517-51391. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1991, and ending June 30, 1992; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Sewage Treatment Fund in the fiscal year beginning July 1, 1991, and ending June 30, 1992, shall constitute a Sewage Treatment Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenue Operating Non-Operating $6,693,000.00 276,000.00 Total Revenue $6,969,000.00 Appropriations Administration Lateral Maintenance and Replacement Maintenance Operations Laboratory Depreciation Interest Expense Total Appropriations $1,360,893.00 1,446,943.00 762,557.00 2,059,237.00 248,748.00 $5,878,378.00 1,037,372.00 53,250.O0 $6,969,000.00 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 1991-92 Sewage Treatment Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the muni- cipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1991. ATTEST: ~~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30518-51391. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1991, and ending June 30, 1992; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Civic Center Fund in the fiscal year beginning July 1, 1991, and ending June 30, 1992, 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 $ 968,100.00 Non-Operating 725,566.00 Total Revenue $1,693,666.00 347 Appropriations Operating Expense Promotional Expense Depreciation Capital Outlay Total Appropriations $1,572,305.00 71,361.00 $1,643,666.00 368,064.00 50,000.00 $2,061,730.00 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 1991-92 Civic Center Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the muni- cipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1991. APPROVED ATTEST: City Clerk ~~ ~~ayor~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30519-51391. AN ORDINANCE adopting the annual Internal Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1991, and ending June 30, 1992; 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 Internal Service Fund in the fiscal year beginning July 1, 1991, and ending June 30, 1992, 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: 348 Revenue Operating Non-Operating Total Revenue $7,414,008.00 40,000.00 $7,454,008.00 Appropriations City Information Systems Materials Control Management Services Utility Line Services Fleet Maintenance Fringe Benefits Personnel Lapse Contingency Reserve Total Appropriations $2,096,495.00 211,714.00 449,796.00 2,708,400.00 1,853,967.00 40,000.00 (100,000.00) 100,000.00 $7,360,372.00 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 1991-92 Internal Service Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the muni- cipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1991. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30520-51391. AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1991, and ending June 30, 1992; 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, 1991, and ending June 30, 1992, shall constitute a Transportation Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenue Operating Non-Operating Total Revenue $1,156,470.00 520,798.00 $1,677,268.00 Appropriations Downtown East Parking Garage Williamson Road Parking Garage Market Square Parking Garage 71,404.00 255,075.00 178,828.00 Church Avenue Parking Garage Tower Parking Garage Transfer to Other Funds 298,052.00 637,938.00 338,516.00 Total Appropriations $1,779,813.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1991-92 Transportation Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the muni- cipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1991. 349 ATTEST: r'-,-.. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th Day of May, 1991. No. 30521-51391. AN ORDINANCE amending and reordaining Ordinance No. 30035-50790, adopted May 7, 1990, by suspension of merit increases effective July 1, 1991; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: as follows: Ordinance No. 30035-50790, adopted May 7, 1990, is hereby amended Effective July 1, 1991, all merit increases shall be suspended as to classified officers and employees of the City. Merit increases shall be reinstituted only at such time and upon such terms and conditions as shall be established by this Council through duly adopted ordinance. 2. Except as amended by this Ordinance and except as to any in- consistency with this ordinance, Ordinance No. 30035-50790 is hereby reordained. 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 force and effect on and after July 1, 1991. APPROVED ATTEST: ~)~..~.~,.,~ City Clerk Mayor 350 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30506-52091. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property rezoned from CN, Neighborhood Commercial District, to RM-2, Residential Multi-Family, Medium Density 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 §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 the Amended Petition at its meeting on May 13, 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 pro- vided. 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. 211 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a tract of land lying at 1026 Gilmer Avenue, N. W., being all of Lot 2, Block 49, Rogers, Fairfax and Houston Addition, of the Sectional 1976 Zone Map, City of Roanoke, and bearing Official Tax No. 2111302, be and is hereby rezoned fr m r Neighborhood Commercial District, to RM-2, Residential Multi-Family, Medium Density District, subject to those con- ditions proffered by and set forth in the Amended Petition to Rezone filed in the Office of the City Clerk on April 3, 1991, and that Sheet No. 211 of the Sectional 1976 Zone Map be changed in this respect. APPROVED ATTEST: ~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30507-52091. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 550, 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 Multi-family, Medium Density District, to C-1, Office District, sub- ject to certain conditions proffered by the Petitioner; 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 the Amended Petition at its meeting on May 13, 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 pro- vided. 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. 550 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a portion of a certain 3.3-acre tract of land lying adjacent to Duke of Glouchester Street and/or Roberts Road, bearing Official Tax No. 5500110, be and is hereby rezoned from RM-2, Residential Multi- family, Medium Density District, to C-1, Office District, as set forth in the Petition to Rezone filed in the Office of the City Clerk on April 23, 1991, and subject to those conditions proffered by and set forth in the said Petition to Rezone, and that Sheet No. 550 of the Sectional 1976 Zone Map be changed in this respect. 351 ATTEST: ~(~)~,~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30509-52091. AN ORDINANCE granting to the Junior League of Roanoke Valley, Virginia, Incorporated, 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 Junior League of Roanoke Valley, Virginia, Incorporated (Permittee), has requested that Council authorize the Permittee to mount Roanoke Valley Horse Show 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 of Cathy Greenberg, Public Relations Committee, dated April 9, 1991; 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 April 9, 1991, from Cathy Greenberg, Public Relations Committee, Junior League of Roanoke Valley, Virginia, Incorporated, 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. 352 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 expire, by its own terms, without notice, at midnight on June 24, 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 Junior League of Roanoke Valley, Virginia, Incorporated, has been filed in the Office of the City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30513-52091. AN ORDINANCE accepting a bid for certain concession privileges to be exercised on City owned property upon certain terms and conditions; and authorizing the execution of the requisite concession agreement. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Gerald F. Tribbett trading as Tribbett's Portable Foods, which bid complies with all City specifications, for concession privileges at River's Edge Sports Complex, including Victory Stadium, Maher Field and South Roanoke Park, for a fee of $103.00 per month or 33.3 percent of gross receipts per month, whichever is greater, such bid and proposal having been opened and read before a Committee appointed for the purpose on May 1, 1991, and a copy of such bid now being on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City Manager is hereby authorized for and on behalf of the City to enter into and execute the requisite concession agreement with the aforesaid concessionaire, such agreement to be for a term of June 1, 1991, to May 31, 1992, with the option to renew for one additional year and to have incorporated all the terms, provisions and conditions contained in the City's form of propo- sal advertised for bids and on which the aforesaid concessionaire's bid to the City was made, and the form of such agreement to be approved by the City Attorney. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30522-52091. A RESOLUTION recognizing THADDEUS CHESTER ANDERSON, 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, Thaddeus Chester Anderson is a Motor Equipment Operator I in the Street Maintenance Department at the Public Works Service Center and has been employed by the City on a permanent basis since July 31, 1984; WHEREAS, Mr. Anderson has received progressively higher performance evaluations since he began working for the City; WHEREAS, Mr. Anderson missed no time from work during fiscal year 1989-90, and received a letter of commendation from the City Manager for his attendance; WHEREAS, Mr. Anderson received a certified Signs & Markings Specialist, Level II, rating by the International Municipal Signal Association on July 10, 1990; WHEREAS, Mr. Anderson's determination and positive attitude set an example for co-workers, and his thorough knowledge and willingness to "get the job done right" make him a valuable asset to his department and the City; Mr. Anderson has been selected as the Public Works directorate's Employee Of The Year for 1990-91. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council adopts this means of recognizing and commending the excellent ser- vices rendered to the City by THADDEUS CHESTER ANDERSON, Motor Equipment Operator I. 353 APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30525-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General, 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 1990-91 General, Capital and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Education $ 66,618,712.00 Facilities {1-5) .............................................. 1,495,196.00 354 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (6) ..................................... $ -0- Capital Fund Appropriations Education Middle School Renovations and Asbestos Abatement (7) ............ Capital Improvement Reserve Public Improvement Bonds - Series 1990A (8) ................... $ 12,670,049.00 925,000.00 ( 7,447,826.00) ( 2,325,667.00) Grant Fund Appropriations Education $ Summer Youth Training, Alternative Education 1991 (9-18) ...... Flow Through 1991-92 (19-33) .................................. Adopt A Book 1991-92 (34) ..................................... Let's Talk 1991-92 (35) ....................................... Revenue Education $ Summer Youth Training, Alternati Education 1991 (36). .... .v.e ....................:.:::::: Adopt A Book 1991-92 (39) ..................................... Let's Talk 1991-92 (40) ....................................... 17,850,648.00 43,545.00 755,000.00 5,000.00 2,000.00 17,850,648.00 43,545.00 755,000.00 5,000.00 2,000.00 1) Computer Network System 2) Athletic Equipment 3) Replacement of School Buses 4) Air Brake Dryer System - Buses 5) Replacement of Stage Curtains 6) CMERP - Schools 7) Appropriation from Bonds 8) Schools g) Counselors 10) Clerical 11) Participant Allowances 12) Social Security 13) Contracted Transportation 14) Postage 15) Travel 16) Field Trips 17) Instructional Materials 18) Miscellaneous Costs 19) Coordinator 20) Teachers 21) Classroom Aides 22) Social Security 23) State Retirement 24) Health Insurance 25) State Group Life Ins. 26) Bus Aides 27) Social Security 28) Health Insurance 29) Contracted Health 30) Service Contracts 31) Travel 32) Inservice 33) Supplies 34) Books 35) Field Trips 36) Federal Grant Receipts 37) State Grant Receipts (001-060-6004-6302-0806) (001-060-6004-6306-0801) (001-060-6004-6676-0808) (001-060-6004-6676-0824) (001-060-6004-6681-0809) (001-3324) (008-060-6074-6896-9001) (008-052-9700-9182) (035-060-6427-6449-0123) (035-060-6427-6449-0151) (035-060-6427-6449-0183) {035-060-6427-6449-0201) (035-060-6427-6449-0313) {035-060-6427-6449-0521) (035-060-6427-6449-0551) (035-060-6427-6449-0583) (035-060r6427-6449-0614) (035-060-6427-6449-0615) (035-060-6592-6453-0124) (035-060-6592-6453-0121) (035-060-6592-6453-0141) (035-060-6592-6453-0201) {035-060-6592-6453-0202) (035-060-6592-6453-0128) (035-060-6592-6453-0205) (035-060-6592-6553-0142) (035-060-6592-6553-0201) {035-060-6592-6553-0128) Services(035-060-6592-6553-0311) (035-060-6592-6553-0332) (035-060-6592-6553-0554) (035-060-6592-6553-0587) (035-060-6592-6553-0614) (035-060-6976-6204-0613) (035-060-6975-6000-0583) (035-060-6427-1102) (035-060-6592-1100) 49,978.00 30,000.00 251,840.00 9,788.00 18,505.00 (360,111.00) 925,000.00 (925,000.00) 14,335.00 4,088.00 17,318.00 1,105.00 2,000.00 129.00 3,245.00 125.00 600.00 600.00 71,627.00 308,569.00 69,768.00 34,422.00 75,414.00 38,060.00 4,815.00 34,277.00 2,622.00 13,321.00 80,605.00 4,500.00 4,400.00 1,200.00 11,400.00 5,000.00 2,000.00 43,545.00 190,000.00 355 38) Federal Grant Receipts 39) Contributions 40) Contributions (035-060-6592-1102) (035-060-6976-1103) (035-060-6975-1103) $565,000.00 5,000.00 2,000.00 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 20th Day of May, 1991. No. 30526-52091. A RESOLUTION establishing certain fees and fines for overdue, damaged or lost library materials; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The schedule of fees and fines due the City for overdue, damaged, or lost library materials to be charged by the City Library shall be as follows: Adul ts Chi 1 dren/Young Adul ts Homebound/Deposi t Collections Maximum Fines OVERDUE FINES $0.10/day for everything except videos $1.00/day for videos $O.05/day for children's and young adult materials except videos $1.00/day for videos $0.10/day for other materials No Fines $5.00 per item for young adult and adult materials and all videos $1.00 per item for children's materials and all paperbacks Replacement Library Card Missing Bar Code Label Processing Fee for Lost Item Damaged/Missing Video Case Damaged/Missing Audiocassette Box Damaged/Missing Audiocassette Album FEES $1.00 $0.25 $5.00 (Total for lost item charge = retail cost or default price plus processing fee.) $1.00 $1.00 $2.00 (2-pocket) $3.00 (6-pocket) $4.00 (lO-pocket) 356 Damaged/Missing Compact Disc Case Missing Blue Pouch Bindery $1.00 $0.50 (holds single audiocassette) $6.00 (for books damaged but usable if rebound) 2. The Fee Compendium of the City of Roanoke, maintained by the Director of Finance, shall be amended to include the foregoing new fees and fines under the heading of City Library. 3. This resolution shall be in full force and effect on and after July 1, 1991. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30527-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 28,677,966.00 Juvenile Detention Home (1) ................................... 655,527.00 Juvenile Probation House (2) .................................. 344,316.00 Crisis Intervention Center (3-4) .............................. 389,361.00 Revenue Grants-in-Aid Commonwealth $ 54,206,906.00 Other Categorical Aid (5-7) ................................... 13,187,076.00 1) USDA - Expenditures 2) USDA - Expenditures 3) USDA - Expenditures 4) Purchased Services 5) USDA - Juvenile Detention Home 6) USDA - Crisis Interven- tion 7) USDA - Youth Haven (001-054-3320-3000) (001-054-3350-3000) (001-054-3360-3000) (001-054-3360-3160) (001-020-1234-0660) (001-020-1234-0661) (001-020-1234-0662) $7,040.00 471.00 2,238.00 821.00 7,040.00 3,059.00 471.00 357 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 20th Day of May, 1991. No. 30528-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $13,834,833.00 Employment Services (1) ....................................... 744,103.00 Revenue Grants-in-Aid Commonwealth $54,266,336.00 Employment Services (2) ....................................... 8,471,941.00 1) Purchased Services 2) Employment Services (001-054-5316-3160) (001-020-1234-0681) $70,000.00 70,000.00 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 20th Day of May, 1991. No. 30529-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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 (1-10)...$2,021,369.00 358 Revenue Fifth District Employment & Training Consortium - FYgl (11-13)..$2,021,369.00 1) Wages 2) Funding Authority 3) Roanoke City Schools 4) Dabney S. Lancaster Community College 5) Total Action Against Poverty (034-054-9165-8233) 163,231.00 6) Roanoke County Schools (034-054-9165-8239) 97,530.00 7) Miscellaneous (034-054-9165-8020) 536.00 8) Wages (034-054-9165-8010) 536.00 9) Supplies (034-054-9165-8055) 155.00 10) Funding Authority (034-054-9169-9990) ( 1,968.00) 11) Title IIB Administration (034-034-1234-9178) 59,223.00 12) Title IIB Program (034-034-1234-9179) 335,596.00 13) Employment Services 10/90 - 6/91 (034-034-1234-9169) (034-054-9165-8050) (034-054-9165-9990) (034-054-9165-8231) (034-054-9165-8232) $( 691.00) (15,247.00) 43,545.00 105,224.00 ( 1,968.00) 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 20th Day of May, 1991. No. 30530-52091. A RESOLUTION concurring in the recommendation of the 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 25, 1991, by Resolution No. 30447-32591, 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 May 20, 1991. that: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 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: (a) $12,000 to Roanoke Area Ministries for the RAM House project for payment of monthly maintenance, utility fees and office supplies. (b) $18,000 to Total Action Against Poverty for utility fees equipment replacement and educational items. (c) $11,000 to TRUST for shelter operations and services. 359 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, Earl B. Reynolds, Jr., 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30531-52091. AN ORDINANCE authorizing the execution of Amendment No. 3 to Short Term CDBG Float Loan Agreement, as amended by Amendment Nos. i and 2, 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 refi- nancing 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 of market leasing; WHEREAS, by Ordinance Nos. 29824-111389 and 30311-111990, adopted November 13, 1989, and November 19, 1990, respectively, City Council authorized the execution of Amendment Nos. i and 2 to the Agreement, such amendments pro- viding for one year and sixty {60) day extensions of the short term CDBG float loan; and WHEREAS, the Note securing Amendment No. 2 becomes due and payable on January 21, 1991, and Downtown Associates has requested a sixty (60) day exten- sion of the loan upon certain terms and conditions to allow more time for deve- loping 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. 3 to the Short Term CDBG Float Loan Agreement, dated November 5, 1987, as amended, which Agreement provided for the loan of $962,000 in Community Development Block Grant funds to Downtown Associates, with interest at the rate of three percent (3%) per annum, payable in arrears, as amended; such Amendment No. 3 to be in the form as is attached to the report of the City Manager dated January 7, 1991, and to be subject to the terms and conditions therein; such Amendment No. 3 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 360 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30532-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations CDBG - Economic Development $3,993,448.00 Economic Development (1-2) ...................................... 1,444,331.00 1) Deanwood (035-088-8830-5131) $ 30,000.00 2) Shaffers Crossing (035-088-8830-5145) (30,000.00) 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 20th Day of May, 1991. No. 30533-52091. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Article VII, Noise Control, of Chapter 21, Offenses - Miscellaneous; such new Article declaring the policy of City Council with respect to noise, providing definitions, establishing a Class 2 misdemeanor for "noise disturbances" in general and for specific activities declared to be "noise disturbances" and enumerating exceptions; repealing §21-41, Unlawful use of sound equipment - On or in vehicles, Code of the City of Roanoke (1979), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of new Article VII, Noise Control, to Chapter 21, Offenses - Miscellaneous, such new Article to read and provide as follows: ARTICLE VII. NOISE CONTROL §21-204. Declaration of policy. At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of inhabitants of the City, and in the public interest noise should be restricted. It is, therefore, the policy of the City to reduce noise in the community and to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. 361 §21-205. Definitions. The following words, when used in this article, shall have the following respective meanings, unless the context clearly indicates a different meaning: (a) "Motor vehicle" means every vehicle defined as a motor vehicle by §46.2-100, Code of Virginia (1950), as amended. (b) "Noise disturbance" means any sound which by its character, intensity and duration {1) endangers or injures the health or safety of persons within the City or (2) annoys or dis- turbs reasonable persons of normal sensitivi- ties within the City. (c) "Public property" means any real property owned or controlled by the City or any other governmental entity. (d) "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk, or alley. (e) "Real property boundary" means the property line along the ground surface, and its verti- cal extension, which separates the real pro- perty owned by one person from that owned by another person. (f) "Residential" has reference to single family, two-family, and multifamily zoning district classifications (RS-l, RS-2, RS-3, RM-1, RM-2, RM-3 and RM-4, pursuant to Chapter 36.1 of this Code). (g) "Sound" means an oscillation in pressure, par- ticle displacement, particle velocity, or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium, and which propaga- tes at finite speed. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. §21-206. Prohibited ~enerall~. It shall be a Class 2 misdemeanor and a public nuisance for any person to willfully make, per- mit, continue or cause to be made, permitted or continued any noise disturbance. §21-207. Specific prohibitions. Subject to the exceptions provided in §21-208, any of the following acts, or the causing or per- mitting thereof, among others, is declared to be a noise disturbance constituting a Class 2 mis- demeanor and a public nuisance, but such enumera- tion shall not be deemed to be exclusive: (a) Radios, television sets, musical instru- ments and similar devices: operating, playing or permitting the operation or playing of any radio, amplifier, televi- sion, record, tape or compact disc player, drum, musical instrument or similar device: (1) between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to per- mit sound to be heard across a resi- dential real property boundary; or 362 (2) when the sound source is located within a motor vehicle in or upon public right-of-way or public property and the sound can be heard more than fifty (50) feet from its source. (b) Loudspeakers, public address s~stems and sound trucks. (1) using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public rightof-way or public property for any commercial pur- pose; or (2) using, operating or per- mitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom for any noncommercial purpose between the hours of 10:00 p.m. and 8:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary. (c) Horns, whistles, etc. Sounding or per- mitting the sounding of any horn, whistle or other auditory sounding device on or in any motor vehicle on any public right- of-way or public property, except as a warning of danger. (d) Explosives, fireworks and similar devi- ces. Using or firing any explosives, ~-fTF~works or similar devices which create impulsive sound so as to create a noise disturbance across a real property boun- dary or on any public rightof-way or public property between the hours of 10:00 p.m. and 8:00 a.m. (e) Yelling, shouting, etc. Yelling, shouting, whistling or singing between the hours of 10:00 p.m. and 8:00 a.m. so as to create a noise disturbance across a residential real property boundary or on a public right-ofway or public property. (f) Schools, public buildings, churches and hospitals. The creation of any noise disturbance within any school, court, public building, church or hospital or on the grounds thereof. §21-208. Exceptions. Sections 21-206 and 21-207 shall have no appli- cation to any sound generated by any of the following: (a) Sound which is necessary for the protec- tion or preservation of property or the health, safety, life or limb of any per- son. (b) Any speech of any kind. (c) Non-commercial public speaking and public assembly activities conducted on any public right-of-way or public property for which a permit has been issued by the City. (d) Radios, sirens, horns and bells on police, fire or other emergency response vehicles. 363 (e) Parades, fireworks, school-related acti- vities and other special events or acti- vities for which a permit has been issued by the City, within such hours as may be imposed as a condition for the issuance of the permit. (f) Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activity has been authorized by the owner of such property or facilities or its agent. (g) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm. (h) Religious services, religious events or religious activities, including, but not limited to music, bells, chimes and organs which are a part of such service, event or activity. (j) Locomotives and other railroad equipment and aircraft. (k) The striking of clocks. 2. It is the intent of the City Council that this ordinance shall be construed to secure for the people of this City freedom from any noise distur- bance as described herein without violating any of the rights secured by the Constitution to the people. In the event that any provision hereof should ever be determined invalid for any reason, it is the intent of the City Council that the remaining provisions continue in effect to the extent that they can be enforced notwithstanding such determination, and, therefore, this ordinance is declared severable. 3. Section 21-41, Unlawful use of sound-equipment - On or in vehicles, Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 4. In order to provide for the public peace, health and safety, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: .~~ City Clerk Mayo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30535-52091. AN ORDINANCE accepting the bid of G. J. Hopkins, Inc. for air- conditioning renovations at the National Guard Armory, upon certain terms and conditions, and awarding a contract therefore; authorizing the proper City offi- cials 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 G. J. Hopkins, Inc. made to the City in the total amount of $31,970.00 for air-conditioning renovation at the National Guard Armory, such bid being in full compliance with the City's plans and specifications made 364 therefore and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefore and the City's specifications made therefore, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the afore said work are hereby REJECTED, and the City Clerk is directed tonotify 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 force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th Day of May, 1991. No. 30536-52091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructure $ 17,101,551.00 Dominion Tower Streetscape (1-3).. 839,438.00 Dowtown Improvement Project- Non ~ii~i~'i~i]]]]]]]]]]]]]]]] 1,965,130.00 Streets and Bridges 8,157,867.00 Downtown Curb and Sidewalk (5-6). 394,866.00 Downtown Curb, Gutter - Phase II i~ii~]i]]~iil]i]~ill 182,677.00 Fund Balance Fund Balance - Unappropriated (8) ............................. $ 742,904.00 Revenue Accounts Receivable - Faison (Streetscape) (9) ................ Miscellaneous - Faison (Streetscape) (10) ..................... 48,984.00 48,984.00 1) Appropriation from Bonds 2) Appropriation from General Revenue 3) Appropriation from Third Party 4) Appropriation from Bonds 5) Appropriation from Bonds 6) Appropriation from General Revenue 7) Appropriation from Bonds (008-052-9672-9001) (008-052-9672-9003) (008-052-9672-9004) (008-052-9649-9001) (008-052-9631-9001) (008-052-9631-9003) (008-052-9652-9001) 367,195.00 423,259.00 48,984.00 (200,000.00) (66,284.00) (32,500.00) (100,911.00) 365 8) Fund Balance - Unapprop. 9) Faison - Streetscape 10) Faison - Streetscape (008-3325) (008-1269) (008-008-1234-1109) (390,759.00) 48,984.00 48,984.00 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 20th Day of May, 1991. No. 30537-52091. AN ORDINANCE accepting the bid of Acorn Construction, Ltd. for construction of the Downtown North Streetscape improvements, 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. IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Acorn Construction, Ltd., made to the City in the tptal amount of $782,393.50 for construction of the Downtown North Streetscape impro- vements, such bid being in full compliance with the City's plans and specifica- tions made therefore and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefore and the City's specifications made therefore, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for 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: p~ City Clerk Mayor 366 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30523-52891. AN ORDINANCE amending and reordaining §32-102.2, Defined; and repealing §32-103, Council to review program, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to amend the definition of the downtown service district to expand such district and to repeal the requirement that City Council review the downtown service district program and decide on its continuance prior to July 1, 1992; authorizing the extension of the Downtown Service District Service Agreement with Downtown Roanoke, Inc., for a period of up to ten years; authorizing the proper City officials to execute an appropriate amendment to the Agreement; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-102.2, Defined, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is amended and reordained to read and. pro- vide as follows: §32-102.2. Defined. (a) The boundaries of the downtown service district shall be defined to include the following area: BEGINNING at the northeast corner of 5th Street and Marshall Avenue, S. W., thence with the east side of 5th Street, S. W. in a northerly direction crossing the Norfolk and Western Railway tracks at the 5th Street Bridge to the north boundary line of the Wometco property, thence with the north boundary line of Wometco as it meanders in an easterly direction to the north right-of-way line of Loudon Avenue, N.W., thence with the north right-of-way line of Loudon Avenue, N. W., in an easterly direction to its intersection with the west right-of-way line of 1st Street, N. W., thence with the west right-of-way line of 1st Street, N. W. to its intersection with the south right-of-way line of Wells Avenue, N. W. (and shall include Official Tax Map Nos. 2012947, 2012942, 2012941, 2012940, 2012949, 2012923, and 2012922 fronting on the west side of 1st Street, N. W.), thence with the south right-of-way line of Wells Avenue, N. W., in an easterly direction crossing Jefferson Street to its intersection with the west right-of-way line of Williamson Road, N.W. (except for property fronting on the south side of Wells Avenue identified by Official Tax Map Nos. 2013004, 2013005, 2013006, 2013007, and 2013008), thence with the west right-of-way line of Williamson Road, N.W., in a southerly direction to its intersection with the south right-of-way line of the Norfolk and Western Railway, thence with the south right-of-way line in an easterly direction to its intersection with the west right-of-way line of Route 581, thence with the west right-of-way line of Route 581 and 220 (Southwest Expressway) in a southerly direction as it crosses Tazewell Avenue, S.E., and Elm Avenue, S.E., to a point where the south right-of-way line of Highland Avenue intersects the west right-of-way line of Route 581 and 220 (Southwest Expressway), thence with the south right-of-way line of Highland Avenue, S.E., in a westerly direction to its intersection of Jefferson Street, thence with the west right- of-way line of Jefferson Street in a northerly direction to its intersection with Mountain Avenue, S.W., thence with the north right-of-way line of Mountain Avenue, S.W., in a westerly direction to its intersection with 1st Street, S.W., thence with the east right-of-way line of 1st Street, S.W., in a northerly direction to its intersection with Elm Avenue, S.W., thence with the north right-of-way line of Elm Avenue in a westerly direction to its intersection with Franklin Road, S.W., thence with the east right-of-way line of Franklin Road, S.W., in a northerly direction to its inter- section with Marshall Avenue, S. W., thence with the north right-of-way line of Marshall Avenue to its intersection with 5th Street, S. W., the Place of BEGINNING. 2. Section 32-103, Council to review program, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 367 3. The June 23, 1987 Downtown Service District Service Agreement ("Agreement") between the City and Downtown Roanoke, Inc., be amended to allow for annual extensions of the Agreement for a period of up to ten (10) years, beginning July 1, 1991. 4. The City Manager or Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an amendment to the Agreement for the above purpose in accordance with the recom- mendations contained in the report of the City Manager, dated May 20, 1991, said amendment to be in such form as is approved by the City Attorney. 5. This ordinance shall be in full force and effect on and after July 1, 1991. ATTEST: APPROVED City Clerk Chairm~n Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30524-52891. AN ORDINANCE authorizing the issuance of not to exceed $2,000,000.00 General Obligation School Bonds, Series 1991, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof. WHEREAS, in June, 1990, the School Board of the City of Roanoke, Virginia (the "School Board") obtained a commitment (the"Commitment") from the Commonwealth of Virginia Board of Education (the" Board of Education") for a loan of $2,000,000.00 (the "Literary Fund Loan") from the Literary Fund, a per- manent trust fund established by the Constitution of Virginia and dedicated to the support of public education in the Commonwealth of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"); WHEREAS, the Board of Education was to have given advances on the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the Completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been con- solidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligations of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 1991 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase a general obligation school bonds of the City, and the Board of Education has offered to pay to the City a lump sum cash payment (the "Lump Sum 368 Cash Payment") equal to the sum of (i) the net present value difference, deter- mined on the date the VPSA sells its Bonds, between the interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA the interest rate that the Literary Fund Obligation would have borne, plus (ii), an allowance for the costs of issuing the Bonds (the "Issuance Expense Allowance"); WHEREAS, The Council of the City of Roanoke (the "Council") has deter- mined that it is necessary and expedient to borrow an amount not to exceed $2,000,000.00 and to issue its general obligation school bonds for the financing of certain capital projects for school purposes; and WHEREAS, the City held a public hearing on May 20, 1991, on the issuance of the Bonds (as defined below) in accordance with the requirements of Sections 15.1-171.1 and 15.1-504, Code of Virginia of 1950, as amended (the "Virginia Code"); NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell general obligation bonds in an aggregate amount not to exceed $2,000,000.00 (the "Bonds") for the purpose of financing certain capital projects for school pur- poses. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Ordinance. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the VPSA and the Board of Education for the VPSA to purchase, and the City to sell to the VPSA, the Bonds at a price equal to an amount that when added to the Lump Sum Cash Payment will be approximately equal to the capital cost of the Project(s) approved by the Board of Education plus the Issuance Expense Allowance, upon the terms established pursuant to this Ordinance, and for the City to accept the Lump Sum Cash Payment from the Board of Education. The Mayor, or in his absence or disablity the Vice Mayor, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA pro- viding for the sale of the Bonds to the VPSA (the "Bond Sale Agreement") and to accept the Lump Sum Cash Payment from the Board of Education. 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1991"; shall bear interest from the date of delivery thereof payable on December 15, 1991 (on which date capitalized interest on the VPSA bonds shall be credited against such interest in full satisfaction thereof) and semi-annually thereafter on June 15 and December 15 (each an "Interest Payment Date"), at the rate or rates established in accordance with paragraph 4 of this Ordinance; and shall mature on December 15 in the years (each a "Principal Payment Date") or at such other dates and in the amounts established in accordance with paragraph 4 of this Ordinance. 4. Interest Rates; Payment Dates. The Mayor, or in his absence or disability the Vice Mayor, is hereby authorized and directed to accept the interest rate or rates on the Bonds established by the VPSA, provided that no such interest rate or rates shall be more than ten one-hundredths of one percent (10/100 of 1%) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that not interest rate or rates on the Bonds shall exceed nine percent (9%) per annum. The Mayor, or in his absence the Vice-Mayor, is further authorized and directed to accept the maturities for principal installments on the Bonds, as well as variances from the Interest Payment Dates set forth in paragraph 3, established by the VPSA, provided the final maturity of the Bonds shall not be later than December 15, 2013, and the execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence the same as having been approved and authorized by this Ordinance. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Registrar. shall apply: The following provisions (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date and Principal Payment Date, or if such date is not a business date for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date and Principal Payment Date. (b) All overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) The Director of Finance, in accordance with the City's Procurement Code, is authorized and directed to appoint and employ a bank or trust company qualified to serve and acceptable to VPSA to serve as Bond Registrar and Paying Agent for the Bonds. 7. No Prepayment or Redemption. The principal installments of the Bond are not subject to prepayment or redemption prior to their stated matur- ties. 8. Execution of the Bonds. The Mayor, or in his absence or disability the Vice Mayor, and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds in an aggregate principal amount not to exceed $2,000,000.00 and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocable pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate and amount and in addition to all other taxes authorized to be levied in the City. 10. School Board Approval. The Clerk of the Council is hereby authorized and directed to cause a certified copy of this Ordinance to be pre- sented to the School Board of the City. The Bonds hereby authorized shall not be issued by the Council until the School Board of the City shall have adopted an appropriate resolution consenting to the issuance of the Bonds. 11. Use of Proceeds Certificate. The Mayor, or in his absence or disability the Vice Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds or on the VPSA Bonds. The Council cove- nants on behalf of the City that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and that the City shall comply with the other covenants and repre- sentations contained therein. Furthermore, the Council covenants on behalf of the City that the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 12. State Non-Arbitrage Program; Proceeds Agreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the Treasurer of the City to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, or in his absence or disabi- lity the Vice Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of pro- ceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository. 13. Filing of Resolution and Publication of Notice. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Circuit Court of the City and, within ten (10) days thereafter, to cause to be published once in a newspaper having general circulation in the City a notice setting forth {a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds. 369 370 14. Further Actions. Each member of the Council and all other offi- cers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Authority in Absence of Mayor and Vice Mayor. In the event of the absence or disability of the Mayor and Vice-Mayor, the City Manager or in case of the City Manager's absence or disability, the then Acting City Manager, is authorized to take such actions as are herein authorized and directed for the Mayor or Vice Mayor. 16. Election To Apply Existing Public Finance Act. It is hereby determined that the Bonds will be issued under the provisions of the Virginia Public Finance Act as in effect on the effective date of this ordinance. EXHIBIT A NO. R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA City of Roanoke General Obligation School Bond Series 1991 The City of Roanoke, Virginia (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth below payable on December 15, 1992, and annually on December 15 thereafter to and including December 15, 2011 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payble on December 15, 1991, and thereafter semiannually on each June 15 and December 15 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth below as follows: Year of Principal Interest Year of Principal Interest Maturity Amount Rate Maturity Amount Rate 1992 $ % 2002 $ % 1993 $ % 2003 $ % 1994 $ % 2004 $ % 1995 $ % 2005 $ % 1996 $ % 2006 $ % 1997 $ % 2007 $ % 1998 $ % 2008 $ % 1999 $ % 2009 $ % 2000 $ % 2010 $ % 2001 $ % 2011 $ % Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, the Bond Registrar shall make all payments of principal of, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date. If a Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgement of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. 371 The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this Bond. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act, Chapter 5, Title 15.1, Code of Virginia of 1950, as amended, an ordinance duly adopted by the Council of the City of Roanoke on May 28, 1991, and a resolution duly adopted by the School Board of the City to provide funds for capital projects for school purposes. This Bond is registered in the name of Virginia Public School Authority as to both principal and interest on books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. The principal installments of this Bond are not subject to prepayment or redemption prior to their stated maturities. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. The ordinance adopted by the Council of the City on May 28, 1991, authorizing the issuance of this Bond provides, and Section 15.1-210 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of and interest on this Bond as the same shall become due which tax shall be without limitation as to rate and amount and shall be in addition to all other taxes authorized to be levied in the City. IN WITNESS WHEREOF, the Council of the City of Roanoke has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its , its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated , 1991. (SEAL) ATTEST: CITY OF ROANOKE, VIRGINIA Clerk, Council of the City pf Roanoke, Virginia , City of Roanoke, Virginia 572 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lewu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without altera- tion or change.) Signature Guaranteed (NOTICE: Signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) ATTEST: City Clerk APPROVED 373 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30534-52891. AN ORDINANCE authorizing the ground lease of certain property located within the City for construction and operation of an indoor swimming facility and authorizing the appropriate City officials to execute a lease agreement therefor. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Roanoke Valley Swimming, Inc. to lease from the City a parcel of land containing approximately 1.366 acres adjacent to James Madison Middle School and Fishburn Park Elementary School for constructing and thereafter operating an indoor swimming facility as more particulary described in the City Manager's report dated May 20, 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, a lease agreement with such bidder and any other documentation which may be required to implement the provisions of the agreement. The lease agreement shall be for a term of ten years, with two options to renew, each of five years, subject to the terms and conditions in the agreement, with annual rental payment of One Dollar and No Cents ($1.00). 3. The form of the lease agreement shall be approved by the City Attorney and shall conform substantially with the lease agreement on file in the Office of the City Clerk. APPROVED ATTEST: City Clerk Chairman Pro Tea IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30538-52891. A RESOLUTION recognizing and commending the meritorious actions of Mr. Kenneth Everette Michael, Sr., in connection with his assistance to a young woman who had been the victim of a violent assault near his place of employment on March 23, 1991. WHEREAS, in the early morning hours of March 23, 1991, Mr. Kenneth Everette Michael, Sr., upon arrival at his place of employment, heard the screams and cries for help of a young woman and, upon investigation, found a semi-nude young woman collapsed on the sidewalk and bleeding profusely from multiple stab wounds; and WHEREAS, Mr. Michael called for police and emergency services personnel and then went to the assistance of the young woman, covering her with his own jacket and placing a pair of his rolled-up sweat pants under her head; and WHEREAS, Mr. Michael then stayed with the young woman comforting her while waiting for emergency services personnel to arrive and upon their arrival assisted emergency services personnel in caring for the young woman; and WHEREAS, Mr. Michael acted immediately and voluntarily to assist and comfort a fellow human being at great personal sacrifice. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council adopts this means of recognizing and commending the meritorious actions of Mr. Kenneth Everette Michael, Sr., who acted selflessly and compassionately in voluntarily coming to the aid and comfort of a young woman who had been the victim of a violent stabbing. 374 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Kenneth Everette Michael, Sr. ATTEST: City Clerk APPROVED Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30539-52891. A Resolution approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Virginia Lutheran Homes, Inc., and Roanoke Lutheran Retirement Community, Inc., 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 Virginia Lutheran Homes, Inc. ("VLH"), and Roanoke Lutheran Retirement Community, Inc. ("RLRC"), for the issuance of the Authority's revenue bonds in an amount not to exceed $30,000,000.00 (the "Bonds") to assist VLH and RLRC in acquiring, constructing and equipping a facility for the residence and care of the elderly (the "Project"), to be located in the City of Roanoke, Virginia, at 3804 Brandon Avenue, S. W., at a site on property located generally behind the nursing care facilities currently operated by VLH as the Virginia Synod Lutheran Home at Roanoke; and WHEREAS, the Authority has held a public hearing on the issue of the Bonds for the financing on May 14, 1991; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and Section 15.1-1378.1 of the Code of Virginia, as amended (the "Virginia Code"), provide that the governmental unit having juris- diction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity 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 Project is located in the City; and the City Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental unit of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a record of the public hearing and a "fiscal impact statement" with respect to the financing and the Project have been filed with the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council hereby approves the issuance of the Bonds by the Authority for the benefit of VLH and RLRC to the extent required by Section 147(f) of the Tax Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. Approval of the issuance of the Bonds as required by Section 147(f) of the Tax Code does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Project, VLH or RLRC, and, as required by Section 15.1-1380 of the Virginia Code, the Bonds shall provide that neither the City now the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys 375 pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the City or the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Roanoke, Virginia, on May 28th, 1991. ATTEST: City Clerk APPROVED Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30540-52891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government City Clerk (1) ................................................ City Manager (2) .............................................. City Attorney (3) ............................................. Public Works Engineering (4) ............................................... Non-Departmental Contingency - General Fund (5) ................................ $ 8,659,786.00 521,679.00 497,546.00 531,032.00 19,058,575.00 1,217,155.00 12,826,983.00 528,119.00 1) Furniture and Equipment 2) Furniture and Equipment 3) Furniture and Equipment 4) Furniture and Equipment 5) Furniture and Equipment (001-001-1120-9005) (001-002-1211-9005) (001-003-1220-9005) (001-052-4310-9005) (001-002-9410-2202) $ 20,265.00 10,380.00 13,758.00 6,739.00 (51,142.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 376 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30541-52891. A RESOLUTION approving execution of an Administrative Agreement with the Virginia Department of Housing and Community Development for the Local Housing Rehabilitation Loan Program. WHEREAS, the Virginia Department of Housing and Community Development (VDHCD) administers the Virginia Housing Partnership Fund; WHEREAS, the VDHCD has offered the City an allocation of Four Hundred Thousand Dollars ($400,000.00); and WHEREAS, the funds are needed for the local implementation of the Local Housing Rehabilitation Loan Program, as described in the City Manager's report dated May 28, 1991. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager, or his designee, and the City Clerk are authorized for and on behalf of the City to execute and attest, respectively, the Administrative Agreement with the Virginia Department of Housing and Community Development relating to the administration of the Local Housing Rehabilitation Loan Program, all in accordance with the recommendations con- tained in the City Manager's report dated May 28, 1991. 2. The Agreement shall be in form approved by the City Attorney. ATTEST: City Clerk APPROVED Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30544-52891. A RESOLUTION accepting the bid of Capital Security Systems, Inc., made to the City for furnishing and installing a new surveillance system at the City jail; 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 Capital Security Sytems, Inc., made to the City, offering to furnish and install a new surveillance system at the City jail meeting all of the City's specifications and requirements therefore, for the total bid price of $47,321.00, 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 and directed 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 resolution. 3. Any and all other bids made to the City for the aforesaid procure- ment 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. 377 ATTEST City C1 erk APPROVED ~rman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30545-52891. A RESOLUTION accepting the bid of Cycle Systems, Inc., and awarding a contract to provide bulk container collection service for City owned facilities, upon certain terms and conditions, and rejecting all other bids made therefore. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Cycle Systems, Inc., made to the City, offering to pro- vide bulk container collection service for City owned facilities, said bid meeting all of the City's specifications and requirements therefor, on a unit price basis of $8.59 per unit for a total of seventy-two (72) units, for a term of one (1) year beginning July 1, 1991 and ending June 30, 1992, 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, in form approved by the City Attorney, with said bidder, incorporating the terms and conditions as more particularly set forth in report of the City Manager, dated May 28, 1991, to this Council. 3. Any and all other bids made to the City for the aforesaid procure- ment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: p~,~.~ City Clerk APPROVED Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30546-52891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations City Manager (1) .................................................. $ 832.00 Office of Management and Budget (2) ............................... 8,505.00 378 Economic Development/Grants (3) ............................... City Attorney (5). . Director of Finance (6) ..... Municipal Audit (8) ........................................... Registrar (9) ................................................. City Treasurer (10) ........................................... Commissioner of Revenue (11) .................................. Real Estate Valuation (12) .................................... Jail (13) ..................................................... Commonwealth's Attorney (14) ................................... Clerk of Circiut Court (15) .................................... General Services (16) .......... ....... ~...................... Director of Administration and'PUblic ~safety'(17)'"'""''".. Personnel Management (18) ...................................... Police Services (19) ......................... Fire Administration (20) Emergency Medical Services (22) .............. Parks and Recreation (23) .................... Oirector of Public Works (24) ................ Building Inspections (25) ......................................... Street Maintenance (26) ........................................... Communications (27) ............................................... Signals and Alarms (28) ........................................... Refuse Collection (29) ............................................ Engineering (30) .................................................. Building Maintenance (31) .. Community Planning Director of Human Resources Social Services - Administration (35) ............................. Libraries (36) .................................................... Director of Utilities of Operations (37) .......................... Circuit Court (38) ................................................ eel. ieee eee .... $ 2,008.00 1,052.00 66.00 575,207.00 141,971.00 6,549.00 176.00 160,457.00 199,841.00 58,609.00 157,046.00 2,665.00 17,942.00 1,884.00 438.00 15,396.00 184,387.00 5,395.00 1,367.00 52,811.00 6,934.00 438.00 34,771.00 979.00 47,926.00 1,880.00 1,626.00 4,116.00 790.00 4,004.00 1,046.00 88.00 61,210.00 39,340.00 350.00 700.00 1) City 2) City 3) City 4) City 5) City 6) City 7) City 8) City 9) City 10) City 11) City 12) City 13) City 14) City 15) City 16) City 17) City 18) City 19) City 20) City 21) City 22) City 23) City 24) City 25) City 26) City 27) City 28) City 29) City 30) City 31) City 32) City 33) City 34) City 35) City 36) City 37) City 38) City Information Systems Information Systems Information Systems Information Systems I nformati on Sy stems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems Information Systems (001-002-1211-7005) $ 541.00 (001-002-1212-7005) (14,122.00) (001-002-8120-7005) ( 1,286.00) (001-002-8123-7005) 249.00 (001-003-1220-7005) 66.00 (001-004-1231-7005) (64,366.00) (001-004-1232-7005) (15,948.00) (001-005-1240-7005) (9,978.00) (001-010-1310-7005) 176.00 (001-020-1234-7005) 29,441.00 (001-022-1233-7005) 39,267.00 (001-023-1235-7005) (1,978.00) (001-024-3310-7005) 45,691.00 (001-026-2210-7005) 2,665.00 (001-028-2111-7005) 3,599.00 (001-050-1237-7005) ( 467.00) (001-050-1260-7005) 25.00 (001-050-1261-7005) (3,842.00) (001-050-3114-7005) (2,605.00) (001-050-3211-7005) (15,901.00) (001-050-3520-7005) (26,684.00) (001-050-3521-7005) 52,811.00 (001-050-7110-7005) (17,616.00) (001-052-1280-7005) 48.00 (001-052-3410-7005) (28,690.00) (001-052-4110-7005) 979.00 (001-052-4130-7005) 39,242.00 (001-052-4160-7005) ( 555.00) (001-052-4210-7005) 1,626.00 (001-052-4310-7005) ( 959.00) (001-052-4330-7005) 203.00 (001-052-8110-7005) 3,052.00 (001-054-1270-7005) ( 103.00) (001-054-3350-7005) 88.00 (001-054-5311-7005) 56,760.00 (001-054-7310-7005) (72,089.00) (001-056-1250-7005) ( 40.00) (001-072-2110-7005) 700.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 379 ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th Day of May, 1991. No. 30547-52891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Purification Other Charges (1) ............................................. $ 988,945.00 367,376.00 Retained Earnings Retained Earnings - Unrestricted (2) .......................... $15,801,378.00 1) Purchased Water (002-056-2170-2055) $ 70,000.00 2) Retained Earnings - Unrestricted (002-3336) (70,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Chairman Pro Tem 38O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd Day of June, 1991. No. 30550-60391. A RESOLUTION authorizing an Amendment to the City's engineering ser- vices contract with Mattern & Craig, Inc., Consulting Engineers to provide for a Phase II Archaeological Investigation and Report for widening and realignment of Second Street/Gainesboro Road and Wells Avenue. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and City Clerk are authorized to execute and attest, respectively, Amendment Number 7 to the City's engineering services contract with Mattern & Craig, Inc., Consulting Engineers, dated January 26, 1988, to prepare a Phase II Archaeological Investigation and Report for widening and realignment of Second Street/Gainesboro Road and Wells Avenue, as more particularly described in the City Manager's Report to Council dated June 3, 1991. 2. Such amendment shall provide for services in an amount not to exceed $53,711.08 with the total contract amount not to exceed $1,693,316.52. ATTEST City Clerk APPROVED Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30542-61091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Water, Sewage, and Capital Funds Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Water, Sewage, and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Water Fund Appropriations Capital Outlay Capital Outlay (1) ............................................ Capital Outlay from Revenue Franklin Road Widening (2) .................................... $ 1,002,781.00 1,002,781.00 1,744,291.00 1,294.00 Sewage Fund Appropriations Capital Outlay from Revenue $ 2,173,394.00 Franklin Road Widening (3) .................................... 79,247.00 Retained Earnings Retained Earnings - Unrestricted (4) .......................... $ 14,768,320.00 381 Capital Fund Appropriations Streets and Bridges $ Franklin Road Widening (5) .................................... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (6) .................... 8,558,085.00 169,323.00 6,849,516.00) 812,891.00 1) 2) Unidentified Plant Replacement (002-056-2178-9026) $(1,294.00) Appropriation from General Revenue (002-056-8362-9003) 3) Appropriation from General Revenue (003-056-8453-9003) 4) Retained Earnings-Unrestricted (003-3336) 5) Appropriation from Bonds (008-052-9596-9001) 6) Streets and Bridges (008-052-9603-9181) 1,294.00 79,247.00 (79,247.00) 49,624.00 (49,624.00) ATTEST: City Clerk APPROVED Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30543-61091. AN ORDINANCE approving an agreement between the City and the Virginia Department of Transporation for the improvement of a portion of Franklin Road, S. W.; providing for the allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The agreement between the City and the Virginia Department of Transportation for the improvement of a portion of Franklin Road, S. W., between Third Street, S. W., and Elm Avenue, S. W., within the City limits, and pro- viding for the allocation of the City's estimated share of the project cost in the amount of $221,692.41 of the total estimated project construction cost of $1,686,834.25, and providing certain terms and conditions as more specifically set forth in the report to this Council dated May 28, 1991, is hereby ACCEPTED. 2. The City Manager, Assistant City Manager or Acting City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the agreement with the Virginia Department of Transportation, in form approved by the City Attorney. APPROVED ATTEST: ~)~.~.~ City Clerk Chairman Pro Tem 382 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991· No. 30548-61091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Capital Funds Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Community Development $ 1,217,256.00 Greater Roanoke Transit Company )1) ........................... 268,516.00 Nondepartmental 12,996,177.00 Transfers to Other Funds (2) .................................. 11,363,806.00 Revenue Accounts Receivable - GRTC (3) ................................ $ Sale of Property (4) .......................................... 43,174.00 103,174.00 Capital Fund Appropriations General Government $ 7,592,002.00 GRTC Capital Subsidy (5-6) .................................... 250,000.00 Revenue Accounts Receivable - GRTC (7) $ 206 826 O0 1) Subsidies 2) Transfers to Capital Fund 3) GRTC 4) Sale of Surplus Property 5) Appropriation from General Revenue 6) Appropriation from Third Party 7) Accounts Receivable-GRTC (001-056-8150-3700) (001-004-9310-9508) (001-1046) (001-020-1234-0681) (008-056-9638-9003) (008-056-9638-9004) (008-1272) $(250,000.00) 43,174.00 (206,826.00) (206,826.00) 43,174.00 206,826.00 206,826.00 APPROVED ATTEST: City Clerk Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30549-61091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Capital Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges $ 8,564,859.00 Second Street/Gainsboro/Wells (1-2) ........................... 3,069,752.00 Capital Improvement Reserve (6,802,578.00) Public Improvement Bonds - Series 1988 (3) .................... 859,829.00 383 Revenue Due from State VDOT (Second Street) (4) ..................... $ 1,456,850.00 1) Appropriation from Bonds (008-052-9547-9001) 2) Appropriation from Third Party (008-052-9547-9004) 3) Streets and Bridges (008-052-9603-9181) 4) VDOT - Second Street (008-1233) $ 2,686.00 53,711.00 (2,686.00) 53,711.00 ATTEST: City Clerk APPROVED Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30551-61091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Water Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Water Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay from Revenue $ 1,785,807.00 Falling Creek Plans and Specifications (1) .................... 185,711.00 Retained Earnings Retained Earnings - Unrestricted (2) .......................... $15,828,568.00 1) Appropriations from General Revenue (002-056-8325-9003) $ 42,810.00 2) Retained Earnings - Unrestricted (002-3336) (42,810.00) ATTEST: APPROVED City Clerk Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30552-61091. AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with Acorn Construction, Ltd., for additional work in connection with the Falling Creek Water Treatment Plant Renovations. 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. i to the City's contract with Acorn Construction, Ltd., dated June 25, 1990, authorized by Ordinance No. 30129-62590, to provide for additional work in connection with the Falling Creek Water Treatment Plant Renovations, as set forth in the City Manager's report dated June 3, 1991. 2. Such Change Order shall provide for the following changes in the work to be performed: 384 ORIGINAL CONTRACT AMOUNT Purchase Order #2, Asbestos Removal Administrative Change Order CHANGE ORDER NO. 1 Intake Structure modifications to allow for the 3.3 feet elevation discrepancy reflected in contract drawings. CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 Additional calendar days resulting from Change Order No. i Subtotal $ 1,004,119.00 + $ 9,320.00 + $ 2,444.22 $ 1,015,883.22 $ 6,444.00 $ 1,022,327.22 APPROVED ATTEST: _~~ City Clerk Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30553-61091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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 Virginia Summer Food Service Program - 1991 (1-2) ............. $2,112,519.00 91,150.00 Revenue Fifth District Employment & Training Consortium - FY91 $2,112,519.00 Virginia Summer Food Service Program - 1991 (3) ............... 91,150.00 1) Food Costs 2) Administration 3) 1991 Summer Food Service Federal Revenue (034-054-9185-8403) (034-054-9185-8404) (034-034-1234-9185) $ 85,000.00 6,150.00 91,150.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30554-61091. A RESOLUTION authorizing the execution of a grant application made on behalf of the City of Roanoke for the United States Department of Agriculture 1991 Summer Food Service Program, and the acceptance of the subsequent grant award; and authorizing the acceptance of the bid of Total Action Against Poverty in 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager, W. Robert Herbert, or the Assistant City Manager, Earl B. Reynolds, Jr., is hereby authorized to execute for and on behalf of the City of Roanoke the grant application for the United States Department of Agriculture 1991 Summer Food Service Program, and accept the grant award in the amount of $91,150.00 from the United States Department of Agriculture; and the City's Director of Human Resources 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 10, 1991; all of said documents to be in form approved by the City Attorney. 2. The bid of Total Action Against Poverty in 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 $1.735 to $1.785 (lunch) and $0.9975 to $1.0275 (breakfast), is hereby ACCEPTED. 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. 385 ATTEST: _~~ City Clerk APPROVED Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30555-61091. AN ORDINANCE approving the City Manager's issuance of Change Order No. 4 to the City's contract with S. R. Draper Paving Company for additional work in connection with the realignment and reconstruction of Thirlane Road, N. W., authorizing an appropriate amendment to the City/State Agreement for industrial access funds, 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. 4 to the City's contract with S. R. Draper Paving Company, dated October 1, 1990, authorized by Ordinance No. 30262-10190, to provide for additional work in connection with the realignment and reconstruction of Thirlane Road, N. W., as set forth in the City Manager's report dated June 10, 1991. 2. Such Change Order shall provide for the following changes in the work to be performed: 386 CURRENT CONTRACT AMOUNT CHANGE ORDER NO. 4 Removal of unsuitable material, backfilling with surge stone and installing underdrain pipes. (NOT TO EXCEED $65,000.00) $1,365,573.07 MAXIMUM CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 4 $ 65,000.00 $1,430,573.07 Additional calendar days resulting from Change Order No. 4 0 3. The City Manager shall be authorized to execute an appropriate application to amend the City/State Agreement for additional industrial access funds and to execute such amendment and any necessary occupanying documentation in form 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. ATTEST: City Clerk APPROVED Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30556-61091. A RESOLUTION authorizing the City Manager to enter into an agreement with Appalachian Power Company to allow the City to install, maintain and remove signs, flags, and holiday decorations on or from utility poles owned by Appalachian Power Company. WHEREAS, Ordinance No. 27799, adopted September 26, 1985, authorized the City Manager to enter into an agreement with Appalachian Power Company to allow the City to place signs on utility poles; and WHEREAS, this Council desires to supersede said agreement and enter into a new agreement, allowing the City to install, maintain and remove signs, flags, and holiday decorations on or from said poles owned by Appalachian Power Company, in the area set forth in said new agreement. 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 Appalachian Power Company to allow the City to install, maintain and remove signs, flags and holiday decorations, on or from utility poles owned by Appalachian Power Company, as more particularly described in the City Manager's report of June 10, 1991. 2. The form of the agreement shall be substantially as set forth in the attachment to the City Manager's report of June 10, 1991, and shall be approved as to form by the City Attorney. 387 ATTEST: APPROVED City C1 erk Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The lOth Day of June, 1991. No. 30557-61091. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropri ati ons General Government $8,631,435.00 Risk Management (1) ....................... 390,750 O0 Fund Balance Reserve for Insured Claims - City (2) ......................... $1,192,700.00 1) Self-Insurance Liability Claim (001-050-1262-2172) $ 25,000.00 2) Reserve for Insured Claims-City (001-3327) (25,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Chairman Pro Tem IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30558-61791. A RESOLUTION authorizing the acceptance of a Drug Testing of Accused Felons Awaiting Trial Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services 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 Drug Testing of Accused Felons Awaiting Trial Grant in the total amount of $78,322.00 from the Commonwealth of Virginia Department of Criminal Justice Services, and the City shall provide matching funds of $26,107.00. 388 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the aforegoing grant or with such project. ATTEST: City C1 erk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30559-61791. A RESOLUTION authorizing the execution of a contract with Abbott Laboratories to provide certain materials and services in connection with the Roanoke City Pretrial Services 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 in form approved by the City Attorney a "Customer Incentive Agreement" with Abbott Laboratories to provide reagents, calibrators, calibrations, controls, and miscellaneous materials as well as maintenance service until July 1, 1992, for an amount not to exceed $30,566.00, as more particularly set forth in the report to this Council dated June 17, 1991. ATTEST: .~~ City C1 erk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30560-61791. A RESOLUTION authorizing the execution of contracts with Classic Properties of VA, Inc. and Perez Architects, New Orleans, APC, to provide construction management and architectural and engineering services, respec- tively, in connection with construction of a publicly-owned conference center. WHEREAS, Virginia Tech Real Estate Foundation, Inc. ("VTREF") has issued a Request for Proposal (RFP) in full compliance with the Virginia Public Procurement Act and the City of Roanoke Procurement Code for construction mana- gement services and architectural and engineering services in connection with construction of a publicly-owned conference center adjacent to a renovated and redeveloped Hotel Roanoke; WHEREAS, after review and evaluation of all proposals pursuant to the competitive negotiation process, it has been determined that the joint proposal of Classic Properties of VA, Inc. ("Classic") and Perez Architects, New Orleans, APC ("Perez"), is the best and most advantageous proposal to the public; WHEREAS, after negotiations, Classic has agreed to provide construction management services relating to certain preconstruction activities for $43,000.00; 389 WHEREAS, the City and VTREF desire to enter a joint contract with Classic for such services with the City's financial liability being capped at $21,500.00; WHEREAS, after negotiations, Perez has agreed to provide architectural and engineering services related to schematic design of the proposed conference center for $67,000.00; ~HEREAS, the City and VTREF desire to enter a joint contract with Perez for such services with the City's financial liability being capped at $33,500.00; and WHEREAS, any future procurement of architectural and engineering ser- vices, construction management services and construction with respect to the proposed conference center will be carried out by the Hotel Roanoke Conference Center Commission pursuant to the Virginia Public Procurement Act; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Procurement of Classic and Perez pursuant to the Virginia Public Procurement Act and the City of Roanoke Procurement Code to provide construction management and architectural and engineering services, respectively, in connec- tion with construction of a publicly-owned conference center adjacent to a reno- vated and redeveloped Hotel Roanoke is hereby ratified. 2. The City Manager or the Assistant City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respec- tively, a joint contract between the City and VTREF by which Classic shall pro- vide certain construction management services described in the City Manager's report of June 17, 1991, for $43,000.00. The maximum financial liability of the City under any such contract shall be $21,500.00. Such contract shall be in form approved by the City Attorney. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a joint contract between the City and VTREF by which Perez shall provide certain architectural and engineering services described in the City Manager's report of June 17, 1991, for $67,000.00. The maximum financial liabi- lity to the City under any such contract shall be $33,500.00. Such contract shall be in form approved by the City Attorney. passage. This resolution shall be in full force and effect upon its ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30561-61791. A RESOLUTION authorizing the extension of the term of a contract bet- ween the City and Health East, Inc., for the provision of Emergency Medical Services billing and collections services. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager, for and on behalf of the City, is hereby authorized to enter into an amendment to the contract bet- ween the City and Health East, Inc., dated July 1, 1990, for Emergency Medical Services billing and collections services, to extend the period of the contract from July 1, 1991 through June 30, 1993. 2. Such agreement shall provide for payment for the period July 1, 1991 through June 30, 1992 of a flat rate of $6,500.00 per month, plus 6.5% of net collections, and for the period July 1, 1992 through June 30, 1993 of a flat rate of $7,800.00 per month, plus 9% of net collections. 390 3. Such amendment shall contain other terms and conditions deemed appropriate by the City Manager and shall be approved as to form by the City Attorney. ATTEST: City Clerk APPROVED Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30562-61791. A RESOLUTION authorizing an agreement between the City and the Commonwealth of Virginia Department of Emergency Services to provide for the creation of a Regional Hazardous Materials Response Team. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized, for and on behalf of the City, to enter into a written agreement with the Commonwealth of Virginia Department of Emergency Services for a term of one year commencing July 1, 1991. The agreement shall authorize the City to join with the City of Salem to develop a Level III Regional Response Team. 2. The agreement shall be substantially as set forth in the attach- ment to the City Manager's report to this Council dated June 17, 1991, and the form of the agreement shall be approved by the City Attorney. City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30563-61791. A RESOLUTION designating the Clean Valley Council, Inc., to develop a coordinated litter control program for the entire Roanoke Valley and authorizing such Council to apply for certain grant funds from the Commonwealth for opera- tion of such program. WHEREAS, the City of Roanoke recognizes the existence of a litter problem within the boundaries of this City; WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Waste Management, Division of Litter Control and Recycling, for the allocation of public funds in the form of grants for the purpose of enhancing local litter control programs; and WHEREAS, having reviewed and considered the regulations and the appli- cation covering administration and use of said funds; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Council endorses and supports such a program for the City of Roanoke. 2. The City Council expresses its intent to combine with the City of Salem, Town of Vinton, and Roanoke and Botetourt Counties in a mutually agreed upon cooperative program contingent on approval of the application by the Department of Waste Management, Division of Litter Control and Recycling, and contingent upon the receipt of funds. 3. Clean Valley Council, Inc., is authorized to plan and budget for a cooperative litter control program, which shall represent said program for all localities named in this resolution. 4. Such Council is authorized to apply on behalf of all of the above- named localities for a grant and be responsible for the administration, imple- mentation and completion of the program. 5. This City accepts responsibility jointly with the Clean Valley Council, Inc., and the City of Salem, Town of Vinton, and Roanoke and Botetourt Counties for all phases of the program in accordance with applicable regulations and the application. 6. This City accepts responsibility for its pro rata share of any grant funds not properly used or accounted for pursuant to the regulations and the application. 7. Said grant funds, when received, shall be transferred immediately to Clean Valley Council, Inc., and all funds will be used in the Cooperative Program to which Council gives its endorsement and support. 8. The Department of Waste Management, Division of Litter Control and Recycling, is requested to consider and approve the application and program, said program being in accord with regulations governing use and expenditure of said funds. 391 APPROVED ATTEST: PO-~(~..._ City C1 erk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30564-61791. A RESOLUTION accepting the bids of various bidders to the City for fur- nishing and delivering water and sewage treatment chemicals and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following bids made to the City offering to supply the iden- tified water and sewage treatment chemicals for fiscal year '91-'92 meeting all of the City's specifications and requirements therefor, at the identified bid prices, which bids are on file in the Office of the City Clerk and as more par- ticularly set forth in a report to this Council dated June 17, 1991, are hereby accepted as follows: Chemical 1. Standard Ground Alum 2. Liquid Chlorine 3. Sodium Silico Fluoride Bidder Prillaman Chemical Corporation Jones Chemicals, Inc. Prillaman Chemical Corporation Bid Price $ 234.40 per ton $ 17.66 per cwt for 150 lb. cylinders & 5.702 per cwt for 2000 lb. cylinders $ 25.80 per cwt 392 4. Liquid Alum General Chemical $ Corporation .350271 per gallon 5. Sulfur Dioxide Jones Chemicals, Inc. $ 390.00 per ton 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 procure- ment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30565-61791. A RESOLUTION accepting the bid of Griffin Pipe Products Company, Inc. made to the City for furnishing and delivering Ductile Iron Water Pipe; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The unit price bid of Griffin Pipe Products Company, Inc., made to the City, offering to supply Ductile Iron Water Pipe meeting all of the City's specifications and requirements therefor, for the total bid price of $257,801.00, based on estimated quantities, which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procure- ment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk APPROVED Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30566-61791. A RESOLUTION expressing concern over and opposition to continuing excessive federal mandates without funding. WHEREAS, local governments are closest to the people and therefore are in the best position to determine and be responsive to the people's needs; and WHEREAS, local governments and their officials are continually striving for economy, effectiveness, responsiveness, and efficiency in the delivery of services; and WHEREAS, the federal government has mandated without funding NPDES Permit Application Regulations for Storm Water Discharges; and WHEREAS, it is estimated at this time that the initial survey and per- mit phase alone of the Storm Water Discharge Program will cost the City of Roanoke over $200,000.00 and the ultimate compliance costs are unknown at this time but could be in the hundreds of thousands or even millions of dollars; and WHEREAS, the Storm Water Discharge program is only the most recent in a series of increasingly excessive federal mandates without accompanying funding sources; and WHEREAS, while federal mandates to local governments have increased significantly in recent years and caused serious financial concern, federal financial aid to local governments during this period has decreased; and WHEREAS, in today's economic environment with continuing erosion of local revenue sources, unfunded federal mandates result in the diversion of local funds away from desperately needed local programs and projects. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby expresses its concern over and opposition to continuing federal mandates without funding. BE IT FURTHER RESOLVED that attested copies of this resolution be transmitted by the City Clerk to Senator John Warner, Senator Charles S. Robb, Congressman Jim Olin, as well as to all other Virginia Congressional represen- tatives, and the appropriate officials at the Virginia Municipal League. 393 ATTEST: p~ City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30567-61791. A RESOLUTION concurring in the recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies. WHEREAS, the Fiscal Year 1991-92 budget approved by City Council for the Citizens' Services Committee provides for funding in the amount of $285,000.00; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and effi- ciency of funded programs; and 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 $555,146.21 were received by the Citizens' Services Committee from various agencies. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council concurs in 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 17, 1991. 394 2. The Chairman of the Citizens' Services Committee and the Director of Finance are authorized to release funds to any agency, provided that objec- tives, activities, and other reassurances have been submitted and accepted. APPROVED ATTEST: ~)~,~ City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1991. No. 30568-61791. A RESOLUTION recognizing and commending the meritorious service ren- dered to this City and its people by The Honorable Patsy Testerman, Clerk of Circuit Court. WHEREAS, The Honorable Patsy Testerman, Clerk of Circuit Court, has announced her retirement as a constitutional officer effective July 2, 1991; WHEREAS, Miss Testerman was initially appointed as a Deputy Clerk on March 17, 1952, and served under three Clerks of Court, R. J. Watson, W. H. Cart and Walker R. Carter, prior to her election as Clerk of Circuit Court in November, 1979; WHEREAS, Miss Testerman assumed office as Clerk of Court on January 1, 1980, and has served eleven and one-half years in this capacity; WHEREAS, under Miss Testerman's leadership as Clerk of Circuit Court, the Clerk's Office was moved to the current Courthouse facilities, and com- puterization of case management, financial management and record indexing and trust fund accounting was completed thereby greatly improving the efficiency of the Clerk's Office; WHEREAS, Miss Testerman is a member of the Virginia Court Clerks' Association in which Association she served on the Education and Legislative Committees, Virginia Association of Government Archives and Records Administrators (Charter Member) and the Association for Information and Image Management; WHEREAS, Miss Testerman's public service has been of the highest caliber, and in her service she has always displayed attributes of honesty, integrity, friendliness, fairness, precision and attention to detail; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, upon the occasion of the retirement of The Honorable Patsy Testerman, Clerk of Circuit Court, after more than thirty-nine years of dedicated public service, Council adopts this means of recognizing and commending the outstanding public service of Miss Testerman. ATTEST: ~~ City Clerk APPROVED Vice-Mayor 395 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of June, 1991. No. 30569-61791. A RESOLUTION establishing Friday, July 5, 1991, as a City holiday for certain employees for this calendar year only. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Friday, July 5, 1991, shall be observed as a holiday 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 Friday, July 5, 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 July 5, 1991, such employees, regardless of whether they are scheduled to work on July 5, 1991, shall be accorded equivalent time off according to a schedule to be arranged by the City Manager. 4. Adherence to this resolution shall cause no disruption or cessa- tion of the performance of any emergency, essential or necessary public service rendered or performed by the City. ATTEST: ..~.,,~~ City C1 erk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30570-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 976,251.00 Adult Basic Education FY92 (1-2) .............................. 16,667.00 Revenue Public Safety Adult Basic Education FY92 (3-4) .............................. $ 976,251.00 16,667.00 1) Temporary Employee Wages (035-024-5003-1004) $15,483.00 2) FICA (035-024-5003-1120) 1,184.00 3) State Funds (035-035-1234-7091) 15,000.00 4) Local Funds (035-035-1234-7092) 1,667.00 396 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 24th Day of June, 1991. No. 30571-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Non-departmental $12,957,858.00 Transfers to Other Funds (1) .................................. 11,389,913,00 Public Safety $28,612,772.00 Jail (2) ...................................................... 3,842,395.00 Grant Fund Appropriations Public Safety Drug Testing for Accused Felons FY92 (3-6) .................... $ 1,080,680.00 104,429.00 Revenue Public Safety $ 1,080,680.00 Drug Testing for Accused Felons FY92 (7-8) .................... 104,429.00 1) Transfer to Grant Funds 2) Reimbursements 3) Overtime Wages 4) FICA 5) Fees for Professional Services 6) Maintenance Contracts 7) State Grant for Drug Testing 8) Local Match (001-004-9310-9535) (001-024-3310-8005) (035-024-5017-1003) (035-024-5017-1120) (035-024-5017-2010) (035-024-5017-2005) (035-035-1234-7093) (035-035-1234-7094) $ 26,107.00 (26,107.00) 9,200.00 800.00 63,863.00 30,566.00 78,322.00 26,107.00 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 24th Day of June, 1991. No. 30572-62491. 397 AN ORDINANCE amending and reordaining Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, by the addition of a new Article VII, Cats, consisting of §§6-115, Definitions; 6-116, Limitations on keeping; 6-117, Vaccination of cats; 6-118, Damage caused by cats; 6-119, Impoundment; and 6-120, Violation of Article as nuisance; such new Article providing for regula- tions with respect to the keeping of cats, civil liability for damages caused by cats, impoundment of cats found in violation of Article and establishing penalties and a public nuisance offense with respect to cats found in violation; establishing an effective date, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new Article VII, Cats, consisting of §§6-115, Definitions, 6-116, Limitations on keeping, 6-117,---~ccination of cats, 6-118, Damage caused by cats, 6-119, Impoundment, and 6-120, Violation of Article as nuisance, such new Article to read and pro- vide as follows: ARTICLE VII. CATS §6-115. Definitions. The following words, when used in this Article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Cat: Every cat, regardless of sex or age. Cattery: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling cats. Farm: Any parcel of land three (3) acres in size or larger, regardless of zoning, devoted to production for sale of plants or animals or to production for sale of plant or animal products useful to man. Owner: Every person having a right of property in a cat, o~ho keeps or harbors a cat, or who has a cat in his care, or who acts as the custodian of a cat or who permits a cat to remain in or about premises occupied by him. Public nuisance: Any cat or cats that unreason-sonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citi- zens, other than their owners, to enjoyment of life or pro- perty. The term "public nuisance" as used in this Article shall mean and include, but is not limited to any cat that (a) is repeatedly found at large; (b) damages the property of anyone other than its owner; (c) excessively makes disturbing noises, including, but not limited to, continued and repeated cater- wauling, howling, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proxi- mity to the premises where the cat is kept or har- bored; (d) causing fouling of the air by odor and thereby causes unreasonable annoyance or discomfort to neighbors or others in close proximity to the pre- mises where the cat is kept or harbored; 398 (e) causes unsanitary conditions in enclosures or surroundings where the cat is kept or harbored; or (f) is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of cats maintained. Veterinar~ hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. §6-116. Limitations on keeping. (a) No person shall keep or harbor, have in his care, act as the custodian of, permit to remain on or about premi- ses occupied by him or otherwise be the owner of more than four (4) cats on any parcel of real property zoned for resi- dential use (RS-l, RS-2, RS-3, RM-1, RM-2, RM-3 and RM-4, pursuant to Chapter 36.1 of this Code); provided, however, a total of six (6) cats shall be permitted on any such parcel if each of such six (6) cats has been spayed or neutered, and the owner of each spayed or neutered cat has in his pos- session a certificate of such fact issued to the owner for each such cat and executed by a duly licensed veterinarian containing a description of the cat, the name of the owner and the date on which spaying or neutering took place. (b) This section shall have no application to: (1) Cats under the age of four (4) months; {2) Cats kept on any parcel of real property zoned RA, Residential Agricultural District, pursuant Chapter 36.1 of this Code; (3) Cats kept on any farm; or (4) Cats kept at a veterinary hospital, cattery, or laboratory for the purpose of study, obser- vation or medical research provided that any veterinary hospital, cattery, or any such laboratory shall comply with Chapters 19, License Tax Code, and 36.1, Zoning, of this Code. (c) Violation of this section shall constitute a Class 4 mi sdemeanor. §6-117. Vaccination of cats. No person shall own, keep or harbor any cat over four {4) months of age within the city, unless such cat has been vaccinated against rabies pursuant to §6-62 of this Chapter. The owner of each cat shall keep in his possession the cer- tificate of vaccination required by of this Chapter and shall display such certificate upon request of any animal warden, police officer or official of the Health Department. §6-118. Damage caused b~ cats. The owner, as defined by §6-115, of any cat causing damage to the property of any other person shall be civilly liable for such damages. §6-119. Impoundment. Any cat or cats found in violation of any provision of this Article or whose owner is in violation of any provision of this Article or any cat or cats creating a "public nuisan- ce'' as defined by §6-115 may be seized by any animal warden or police officer and impounded at the City pound. The officer seizing any cat and officials of the city pound shall follow the procedures established for impounded dogs by §6-28 of this Chapter in keeping and disposing of any impounded cat. 399 §6-120. Violation of Article as nuisance. Violation of this Article shall constitute a Class 4 misdemeanor, and, in addition, any such violation is hereby declared a public nuisance, and any person suffering injury or damage therefrom may seek the correction, removal or aba- tement of such nuisance through appropriate suit in equity. Any "public nuisance" as defined by §6-115 may also be corrected, removed or abated through appropriate suit in equity by any person suffering injury or damage therefrom. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after August 1, 1991. ATTEST: APPROVED Ci~ty C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30573-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Non-Departmental $12,931,751.00 Contingency - General Fund (1) ................................ 527,997.00 Transfers to Other Funds (2) .................................. 11,438,806.00 Capital Fund Appropriations General Government $ 7,667,002.00 Conference Center (3) ......................................... 1,027,716.00 1) Contingency 2) Transfers to Capital 3) Appropriations from General Revenue (001-002-9410-2199 (001-004-9310-9508) (008-002-9653-9003) $(75,000.00) 75,000.00 75,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ~ Ci~ty Cl~e:k~~ ~/~~ Mayor 4OO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30574-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Non-Departmental Contingency - General Fund (1) ................................ Public Safety Police Patrol (2) ............................................. $ 12,866,502.00 537,748.00 28,704,128.00 6,198,620.00 1) Contingency (001-002-9410-2199) 2) Workman's Comp. Medical (001-050-3113-1140) $(65,249.00) 65,249.00 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 June, 1991. No. 30575-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 27,522,681.00 Emergency Medical Services (1) ................................ 995,920.00 Revenues Charges for Current Services $ 4,945,707.00 Miscellaneous (2) ............................................. 500,500.00 1) Fees for Professional Services (001-050-3521-2010) $ 15,500.00 2) Emergency Medical Services (001-020-1234-0854) 15,500.00 401 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30576-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Non-Departmental $13,328,003.00 Transfers to Other Funds (1) .................................. 11,695,632.00 Revenue Other Local Taxes $38,105,000.00 Utility Consumer Tax (2-4) .................................... 9,113,000.00 Capital Fund Appropriations Other Infrastructure $17,716,551.00 Roanoke River Flood Reduction Phase II (5) .................... 250,000.00 Local Cash Match Roanoke River Flood Reduction (6) ............ 909,350.00 1) Transfer to Capital 2) Electric 3) Telephone 4) Gas 5) Appropriation from General Revenue 6) Appropriation from General Revenue (001-004-9310-9508) (001-020-1234-0203) (001-020-1234-0204) (001-020-1234-0205) (008-056-9622-9003) (008-056-9652-9003) $ 375,000.00 200,000.00 75,000.00 100,000.00 25,000.00 350,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 402 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30577-62491. A RESOLUTION authorizing the execution of a written agreement with the Southwest Virginia Community Development Fund for the implementation and admi- nistration of the Western Virginia Revolving Loan Fund program, and providing for certain Community Development Block Grant (CDBG) funds for the purpose, for the period beginning July 1, 1991, and ending June 30, 1992. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute, and to seal and attest, respectively, for and on behalf of the City, a written agreement, to provide for the implementation and administration of the Western Virginia Revolving Loan Fund program, which will provide low interest loans to small businesses in greater Northwest Roanoke and industrial areas of the City for the creation of jobs; provide for CDBG funds in the amount of $45,996; for the period beginning July 1, 1991, and ending June 30, 1992, as more particularly described in the report of the City Manager dated June 24, 1991; such contract to be approved as to form by the City Attorney. APPROVED ATTEST: p~ City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30578-62491. A RESOLUTION authorizing the City Manager to execute a grant agreement with Total Action Against Poverty in Roanoke Valley, Inc., to provide for the use of certain Community Development Block Grant (CDBG) funds in connection with the equipping of the grocery store at 1916 Orange Avenue, N. W. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and to seal and attest, respectively, a grant agreement with TAP, which agreement shall provide for the use of CDBG funds in the amount of $85,000 to be used in connection with the equipping of the grocery store at 1916 Orange Avenue, N. W., in accordance with the recommen- dation contained in the City Manager's report to Council, dated June 24, 1991. Attorney. The form of the grant agreement shall be approved by the City ATTEST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30579-62491. 4O3 A RESOLUTION authorizing the City Manager to execute an Agreement with Mental Health Services of Roanoke Valley to provide for the use of certain Community Development Block Grant (CDBG) funds for initiation of an Adolescent Detoxification Program. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an Agreement with Mental Health Services of Roanoke Valley, which Agreement shall provide for the use of CDBG funds in the amount of $30,225 to be used to initiate an Adolescent Detoxification Program, which Program is aimed at reducing the incidence of youthful substance abuse and addresses recommendations set out in a report prepared by the City Manager's Drug Strategy Task Force, in accordance with the City Manager's report to Council, dated June 24, 1991. Attorney. The form of the Agreement shall be approved as to form by the City APPROVED ATTEST: City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30580-62491. A RESOLUTION authorizing the City Manager to execute an Agreement with Total Action Against Poverty in Roanoke Valley, Inc., to provide for the use of certain Community Development Block Grant (CDBG) funds in connection with the Customized Job Training Program. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an Agreement with Total Action Against Poverty in Roanoke Valley, Inc. (TAP), which Agreement shall provide for the use of CDBG funds in the amount of $25,000 to be used in connection with TAP's Customized Job Training Program aimed at providing such training to 60 low to moderate income persons, in accordance with the recommendation contained in the City Manager's report to Council, dated June 24, 1991. Attorney. The form of the Agreement shall be approved as to form by the City ATTEST: City Clerk APPROVED Mayor 4O4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30581-62491. A RESOLUTION authorizing the City Manager to execute an Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO) to provide for the use of certain Community Development Block Grant (CDBG) funds for site preparation costs related to 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 and the City Clerk are hereby authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), which Agreement shall provide for the use of CDBG funds in the amount of $23,225 along with funds of the NNEO for site preparation costs in connection with the Loudon Avenue New Houses Project, in which three single family dwellings will be constructed, which dwellings are proposed to be sold after completion to low to moderate income persons, in accordance with the recommen- dation contained in the City Manager's report to Council, dated June 24, 1991. Attorney. The form of the Agreement shall be approved as to form by the City ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30582-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Community Development $ 1,178,542.00 Greater Roanoke Transit Company (1) ........................... 220,515.00 Public Works 119,109,380.00 Building Maintenance {2) ...................................... 2,945,797.00 Non-Departmental 12,985,714.00 Transfers to Other Funds {3) .................................. 11,440,807.00 Capital Fund Appropriations General Government $ Campbell Avenue Historic Properties (4) ....................... Other Infrastructure Underground Storage Tanks (5) ................................. 7,331,503.00 662,217.00 18,282,701.00 337,500.00 405 1) Subsidies 2) Maintenance 3rd Party 3) Transfer to Capital Fund 4) Appropriation from General Revenue 5) Appropriation from General Revenue (001-056-8150-3700) (001-052-4330-3056) (001-004-9310-9508) (008-052-9620-9003) (008-052-9675-9003) $(48,001.00) (29,000.00) 77,001.00 (260,499.00) 337,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30583-62491. AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with W.E.L. Enterprises, for removal of underground tanks at the former Valley Metro Garage; 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. I to the City's contract with W.E.L. Enterprises, related to removal of underground tanks at the former Valley Metro Garage. 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT CHANGE ORDER NO. 1 Removal, storage and disposal of contaminated soil and related work CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. i $ 17,493.00 $ 337,500.00 $ 354,993.00 Additional calendar days resulting from Change Order No. 2 not to exceed 30 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: APPROVED City C1 erk Mayor 4O6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA' The 24th Day of June, 1991. No. 30584-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay from Revenue $ 1,785,807.00 Falling Creek Plant Rehab. Phase I (1) ........................ 1,369,681.00 Retained Earnings Retained Earnings - Unrestricted (2) .......................... $15,803,578.00 1) Appropriation from General Revenue (002-056-8325-9003) $ 67,800.00 2) Retained Earnings - Unrestricted (002-3336) (67,800.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST:r~.~ ~' City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30585-62491. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Acorn Construction, Ltd., for renovation 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. 2 to the City's contract with Acorn Construction, Ltd., related to renovation of the Falling Creek Treatment Plant. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT WITH PREVIOUS CHANGE ORDER $1,004,119.00 $1,010,563.00 CHANGE ORDER NO. 2 Construct Falling Creek Spillway to meet requirements of Commonwealth of Virginia $ 67,800.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 $1,078,363.00 Additional calendar days resulting from Change Order No. 2 0 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. 407 APPROVED ATTEST: ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30586-62491. AN ORDINANCE amending and reordaining §20-68, Time limitations on parking, of the Code of the City of Roanoke (1979), as amended, providing an exemption for "time limit" parking spaces on the streets and highways of the City from normal enforcement of parking regulations on those holidays set forth in §20-77 of this Code, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that §20-68, Time limitations on parking, Code of the City of Roanoke (1979), as amended, is hereby amended and ordained to read and provide as follows: §20-68. Time limitations on parking. Whenever parking is limited to a specific length of time by this chapter or by rule or regulation of the City Manager pursuant to §20-7 of this chapter on certain streets and highways of the city, and such limitation has been duly posted by signs or markers erected on such streets so as to be clearly visible to a reasonably observant person, it shall be unlawful for any person to park a vehicle or allow the same to remain standing or stopped at any such place for a period of time in excess of that indicated on such sign or marker. This section shall not be construed to apply to any parking space at which the right of parking, at such time, is regulated, controlled or limited by a parking meter nor shall this section apply to any parking space on any holiday for which free metered parking is authorized pursuant to §20-77 of this chapter. 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;~,.~...,~__~. '~1.~,,~,.~.~. City Clerk APPROVED Mayor 408 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30587-62491. A RESOLUTION authorizing the execution of a Host Agreement with the Amateur Athletic Union for the 1991 National Basketball Championship for boys 13 years of age and under, upon certain terms and conditions. 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 Host Agreement with the Amateur Athletic Union (AAU) for the 1991 National Basketball Championship for boys 13 years of age and under, to be held at the Roanoke Civic Center July 14 - 21, 1991, upon certain terms and con- ditions as m6re fully set forth in the City Manager's report to this Council, dated June 24, 1991. Attorney. The form of the Host Agreement shall be approved by the City ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30588-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation, and Cultural $ 3,882,193.00 Contributions (1) ............................................. 826,841.00 Nondepartmental 12,313,910.00 Contingency - General Fund (2) ................................ 8,194.00 Miscellaneous (3) ............................................. 103,894.00 1) Virginia Amateur Sports, Inc. 2) Contingency 3) Miscellaneous (001-002-7220-3719) $ 30,000.00 (001-002-9410-2199) (10,666.00) (001-004-9140-2170) (19,334.00) 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 24th Day of June, 1991. No. 30589-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant 89-90 (1-24) .................... $2,652,499.00 Community Development Block Grant 90-91 (25-26) ................... 2,122,009.00 Community Development Block Grant 91-92 (27-90) ................... 2,282,090.00 Revenue Community Development Block Grant 90-91 (91) ...................... $2,122,009.00 Community Development Block Grant 91-92 (92-99) ................... 2,282,090.00 1) Azalea Gardens - Public Improvements (035-089-8937-5204) $(156,000.00) 2) Demolition (035-089-8920-5108) 34,275.00 3) Stabilize Old First Baptist (035-089-8937-5215) 48,500.00 4) L/M Housing Down Payment Assistance (035-089-8920-5216) 50,000.00 5) Loudon Avenue New Houses (035-089-8920-5217) 23,225.00 6) Historic Building Loan Repair (035-089-8937-5169) (25,000.00) 7) TAP Customized Job Training (035-089-8938-5218) 25,000.00 8) Neighborhood Plans (035-089-8937-5163) (20,000.00) 9) WVA Revolving Loan Fund (035-089-8930-5174) 20,000.00 10) Private Loan (035-089-8920-5105) (21,000.00) 11) Neighbor Based Service Delivery (035-089-8925-5125) ( 3,000.00) 12) Home Ownership Assistance (035-089-8920-5115) 24,000.00 13) Preservation Technical Assistance (035-089-8937-5170) (10,000.00) 14) Mini-Grants (035-089-8925-5122) 10,000.00 15) Unprogrammed CDBG - Parking Lot Income (035-089-8940-5183) (10,415.00) 16) Mod Rehab SRO Project (035-089-8920-5079) 10,415.00 17) Unprogrammed CDBG - Williamson Rd. Garage (035-089-8940-5182) ( 7,175.00) 18) Unprogrammed CDBG - Parking Lot Income (035-089-8940-5183) (41,442.00) 19) Unprogrammed CDBG - Other Loan Repayments (035-089-8940-5186) ( 6,324.00) 20)Unprogrammed CDBG - NNEO Loan Repayment (035-089-8940-5187) ( 100.00) 21) Unprogrammed CDBG - F&W Interest Payments (035-089-8940-5188) (12,750.00) 22) Unprogrammed CDBG - Other (035-089-8940-5189) ( 583.00) 23) Unprogrammed CDBG - Home Purchase Repayments (035-089-8940-5192) Limited Critical Repair (035-089-8920-5101) Unprogrammed CDBG - Williamson Rd. Garage (035-090-9040-5182) Limited Critical Repair (035-090-9020-5101) General Administration RRHA (035-091-9110-5035) ( 2oo.oo) 24) 68,574.00 25) (2,075.00) 26) 34,552.00 27) 65,856.00 409 410 28) L~mitqd Gritical _~epa~ r Support 29) Uperation Paintbrush Support 30) Shaffer's Crossing 31) Home OwnershiP Assistance Support 32) Neighborhood Stabili- zation Support 33) Mod. Rehab. SRO Support 34) 'Downtown East Garage Support 35) Travel/Education Grants Compliance 36) Materials {Grants Compliance) 37) Consultant Services 38) Regular Employee Salaries 39) ICMA Retirement 40) FICA 41) Hospitalization Ins. 42) Dental Insurance 43) Life Insurance 44) Telephone 45) Expendable ($500.00) 46) Management Services 47) Travel/Education/ Memberships (Housing) 48) Regular Employee Salaries ICMA Retirement Hospitalization Ins. 52) Dental Insurance 53) Life Insurance 54) Limited Critical Repair 55) Operation Paintbrush 56) Housing Marketing 57) Demolition 58) Code Enforcement Non-Salary 59) Home Ownership Assistance 60) Neighborhood Stabili- zation and Enhancement Program 61) Mod. Rehab. SRO 62) Regular Employee Salaries ICMA Retirement FICA Hospitalization Ins. Dental Insurance Life Insurance SupPlies/Telephone/ Printing Program Development Travel and Education _ Staff Travel and Education _ Citizens Equipment Special Projects Neighborhood Develop- ment Grants Regul ar Employee Salaries ICMA Reti rement FICA Hospitalization Ins. Dental Insurance Life Insurance Coca Cola Sec. 108 Repayments 63) 64) 65) 66) 67) 68) 69) 70) 7i) 72) 73) 74) 75) 76) 77) 78) 79) 8O) 81) (035-091-9110-5036) (035-091-9110-5048) (035-091-9110-5047) (035-091-9110-5034) (035-091-9110-5072) (035-091-9110-5073) (035-091-9110-5074) (035-091-9115-5081) {035-091-9115-5085) (035-091-9115-5095) {035-091-9115-1002) {035-091-9115-1115) (035-091-9115-1120) {035-091-9115-1125) {035-091-9115-1126) (035-091-9115-1130) (035-091-9115-2020) {035-091-9115-2035) {035-091-9115-7015) {035-091-9118-5088) {035-091-9118-1002) 035-091-9118-1115) 035-091-9118-1120) {035-091-9118-1125) {035-091-9118-1126) (035-091-9118-1130) (035-091-9120-5101) (035-091-9120-5102) (035-091-9120-5103) {035-091-9120-5108) {035-091-9120-5111) (035-091-9120-5115) (035-091-9120-5078) (035-091-9120-5079) (035-091-9120-1002) (035-091-9120-1115) (035-091-9120-1120) (035-091-9120-1125) {035-091-9120-1126) (035-091-9120-1130) (035-091-9125-5120) (035-091-9125-5121) (035-091-9125-5123) (035-091-9125-5124) (035-091-9125-5090) (035-091-9125-5208) (035-091-9125-5028) (035-091-9125-1002) (035-091-9125-1115) (035-091-9125-1120) (035-091-9125-1125) (035-091-9125-1126) (035-091-9125-1130) (035-091-9130-5139) 136,980.00 26,440.00 26,965.00 24,035.00 72,095.00 26,445.00 54,746.00 2,884.00 4,720.00 10,000.00 58,8O4.OO 5,775.00 4,472.00 2,9O4.OO 192.00 515.00 4,000.00 331.00 3,670.00 1,894.00 35,716.00 3,215.00 2,732.00 2,983.00 192.00 314.00 36,874.00 30,000.00 7,000.00 5,725.00 8,250.00 126,000.00 195,000.00 134,585.00 49,554.00 4,450.00 3,783.00 2,904.00 192.00 435.00 2,000.00 5,400.O0 3,000.00 9,000.00 300.00 8,950.00 10,000.00 70,477.00 6,300.00 5,340.00 3,978.00 288.00 670.00 529,873.00 411 82) Shaffer's Crossing (035-091-9130-5145) 138,000.00 83) Deanwood/Shaffers 108 Repayment (035-091-9130-5146) 191,508.00 84) Small Business Development (035-091-9130-5178) 10,000.00 85) Emergency Assistance Fund (035-091-9138-5158) 45,000.00 86) Parent/Community Drug Prevention (035-091-9138-5210) 6,375.00 87) Operation Bootstrap Administration (035-091-9138-5212) 10,969.00 88) Adolescent Detoxifica- tion (035-091-9138-5213) 30,225.00 89) Comprehensive Needs Assessment - Youth (035-091-9138-5214) 5,000.00 90) Temporary Employee Wages (035-091-9139-1004) 5,810.00 91) Parking Lot Income (035-035-1234-9102) 32,477.00 92) CDBG Entitlement (035-035-1234-9201) 1,767,000.00 93) Parking Lot Income (035-035-1234-9202) 16,667.00 94) Other Program Income - RRHA (035-035-1234-9203) 60,000.00 95) Lease Payment - Cooper Industries (035-035-1234-9206) 13,333.00 96) Loan Payment - NNEO - 810 Loudon (035-035-1234-9209) 2,881.00 97) Coca Cola UDAG Repayment (035-035-1234-9210) 400,000.00 98) Loan Payment-Chemical and Paper Service (035-035-1234-9215) 564.00 99) Interest on Float Loan (035-035-1234-92210 21,645.00 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 24th Day of June, 1991. No. 30590-62491. A RESOLUTION accepting a certain Community Development Block Grant offer made to the City by the United States Department of Housing and Urban Development for funds for Program Year 1991-1992; and authorizing execution of the City's acceptance of such grant and the agreement on behalf of the City to comply with the terms and conditions of the grant and applicable laws regula- tions, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer of the United States Department of Housing and Urban Development, under date of June 19, 1991, of a grant of Community Development Block Grant funds for Program Year 1991-1992 amounting to $1,767,000, to fund certain community development activities and projects set out and described in the City's application for said funding, upon all of the terms, provisions and conditions therein set out. 2. The City Manager or the Assistant City Manager are hereby authorized and directed, for and on behalf of the City, to execute the required Grant Agreement, Funding Approval, and any other forms required by the United 412 States Department of Housing and Community Development in order for the City to accept the aforesaid grant, upon all of the terms, conditions and requirements pertaining to the grant. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30591-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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 (1) ........ $2,023,869.00 Revenue Fifth District Employment & Training Consortium-FY91 (2) ........ $2,023,869.00 1) Equipment (034-054-9171-8019) $2,500.00 2) Adult Literacy Grant State Revenue (034-034-1234-9175) 2,500.00 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 24th Day of June, 1991. No. 30592-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General, 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 1990-91 General, Sewage, and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 413 General Fund Appropri ati ons Nondepartmental $12,953,003.00 Miscellaneous (1) ............................................. 69,781.00 Contingency - General Fund (2) ................................ 599,005.00 Transfers to Other Funds (3) .................................. 11,429,213.00 Sewage Fund Appropriations NPDES industrial Permit Applications (4) ...................... $ 10,000.00 Retained Earnings Retained Earnings - Unrestricted (5) .......................... $14,837,567.00 Capital Fund Appropriations Sanitation NPDES Industrial Permit Applications (6-7) .................... Capital Improvement Reserve Capital Improvement Reserve (8) ............................... Public Improvement Bonds - Series 1988 (9) .................... 1) Miscellaneous 2) Contingency 3) Transfers to Capital 4) Appropriation from General Revenue 5) Retained Earnings - Unrestricted 6) Appropriation from Bonds 7) Appropriation from General Revenue 8) Storm Drain 9) Storm Drain (001-004-9140-2170) (001-002-9410-2199) (001-004-9310-9508) (003-056-8455-9003) (003-3336) (008-052-9673-9001) (008-052-9673-9003) (008-052-9575-9176) (008-052-9603-9176) $17,716,551.00 191,000.00 ( 7,746,014.00) 519,824.00 805,759.00 $(53,447.00) (55,134.00) 108,581.00 10,000.00 (10,000.00) 54,070.00 127,017.00 18,436.00) 54,070.00) 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 June, 1991. No. 30593-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sewage Lateral Maintenance1 $ 1,565,300.00 Internal Services (1-2) ....................................... 1,410,000.00 414 Retained Earnings Retained Earnings - Unrestricted (3) .......................... $14,497,567.00 1) Utility Line Services 2) Meter Maintenance 3) Retained Earnings - Unrestricted (003-056-3170-7020) (003-056-3170-7026) (003-3336) $ 230,000.00 120,000.00 (350,000.00) 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 24th Day of June, 1991. No. 30594-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $28,612,429.00 Police Patrol (1) ............................................. 6,117,230.00 Fire Operations (2) ........................................... 10,028,450.00 Public Works 19,165,380.00 Street Maintenance (3) ........................................ 2,511,747.00 Refuse Collection {4) ......................................... 4,460,753.00 Building Maintenance (5) ...................................... 2,961,797.00 Grounds Maintenance (6) ....................................... 3,039,575.00 1) Motor Vehicle Maintenance 2) Motor Vehicle Maintenance 3) Motor Vehicle Maintenance 4) Motor Vehicle Maintenance 5) Motor Vehicle Maintenance 6) Motor Vehicle Maintenance (001-050-3113-7025) (001-050-3213-7025) (001-052-4110-7025) (001-052-4210-7025) (001-052-4330-7025) (001-050-4340-7025) $(15,000.00) (12,000.00) (33,000.00) 77,OOO.OO (13,000.00) (4,000.O0) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED e Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30595-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $19,267,115.00 Refuse Collection (1) ......................................... 4,512,488.00 Non-Departmental 12,253,736.00 Contingency - General Fund (2) ................................ 78,020.00 415 Revenue Accounts Receivable - Regional Solid Waste Management Bd. (3).$ Misc. Revenue - Regional Solid Waste Management Board (4) ..... 26,864.00 26,864.00 1) Other Equipment 2) Equipment Replacement Contingency 3) Accounts Receivable - RSWMB 4) Miscellaneous Revenue - RSWMB (001-052-4210-9015) (001-002-9410-2202) (001-1257) (001-020-1234-0859) $ 79,970.00 (53,106.00) 26,864.00 26,864.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: p~.~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30596-62491. A RESOLUTION accepting a certain bid made to the City for furnishing and delivering one new recycling truck, 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 Solid Waste Equipment Co., offering to supply one new recycling truck, meeting all of the City's specifications and requirements therefor, for the total bid price of $76,755.00, as set forth in the City Manager's report dated June 24, 1991, 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 therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 416 3. Any and all other bids made to the City for the aforesaid procure- ment 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 24th Day of June, 1991. No. 30597-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Refuse Collection {1) ......................................... Non-Departmental Contingency - General Fund (2) ................................ Revenue $19,246,380.00 4,491,753.00 12,235,516.00 59,800.00 Accounts Receivable - Regional Solid Waste Management Bd. (3).$ Misc. Revenue - Regional Solid Waste Management Board (4) ..... 37,800.00 37.800.00 1) Other Equipment 2) Equipment Replacement Contingency 3) Accounts Receivable - RSWMB 4) Mi sc. Revenue - RSWMB (001-052-4210-9015) (001-002-9410-2202) (001-1257) (001-020-1234-0859) $ 108,000.00 (70,200.00) 37,800.00 37,800.00 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 24th Day of June, 1991. No. 30598-62491. 417 A RESOLUTION accepting certain bids made to the City for furnishing and delivering recycling carts and recycling bins, 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 Zarn Inc., offering to provide and deliver to the City 4,500 - 32 gallon, two-pod recycling carts, for the total bid price of $95,400.00, which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The bid of Piper Casepro to provide and deliver to the City 3,000 - 18 to 20 gallon recycling bins, for the total bid price of $12,600.00, 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 to issue the requisite purchase orders therefor, incorporating into said order the City's specifications, the terms of said bidders' proposal, as more particularly set forth in the City Manager's report dated June 24, 1991, to this Council. 4. Any and all other bids made to the City for the aforesaid procure- ment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: P~L~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30599-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $19,214,916.00 Building Maintenance (1-2) .................................... 3,059,321.00 Non-Departmental 12,414,480.00 Contingency - General Fund (3) ................................ 85,726.00 1) Maintenance - General Fund 2) Maintenance - Third Party Contracts 3) Maintenance of Fixed Assets Contingency (001-052-4330-3050) (001-052-4330-3056) {001-002-9410-2201) $ 33,271.00 51,253.00 (84,524.OO) 418 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 24th Day of June, 1991. No. 30600-62491. AN ORDINANCE accepting bids for guard rail, seating planks, and painting at the National Guard Armory; rejecting all other bids; and providing for an emergency. BE IT ORDAINED 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 or services 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 Descri pti on Bi dder Price 1 Guard Rail Safety Roads Material $ 18,800.00 Company, Inc. 2 Aluminum Seating Reeves Steel, Inc. $ 13,470.75 Planks 3 Painting at Williams Painting and $ 40,000.00 National Guard Remodeling, Inc. Armory 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders or contracts for the above men- tioned items, said purchase orders or contracts to be made and filed in accor- dance 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 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. 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 24th Day of June, 1991. No. 30601-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant (88-89) (1-23) .............. $2,644,416.00 Community Development Block Grant (89-90) (24-46) ............. 2,652,499.00 Revenue Community Development Block Grant 88-89 (47) .................. $2,644,416.00 Community Development Block Grant 89-90 (48) .................. 2,652,499.00 419 1) Consultant Services (035-088-8815-5095) $( 3,354.00) 2) Mini Grants (035-088-8825-5122) ( 750.00) 3) NNEO - Lot Purchase & Wall (035-088-8825-5193) ( 2,000.00) 4) Program Development (035-088-8815-5096) ( 230.00) 5) Vacant Lot Homesteading (035-088-8820-5104) ( 213.00) 6) Home Purchase Loan Program - RRHA 7) Postage - Housing 8) Emergency Home Repair 9) Neighborhood Based Service Delivery 10) Deanwood - RRHA 11) Urban Renewal Disposition- RRHA 12) First Street/Henry Street - RRHA 13) Shaffers Crossing - RRHA 14) Henry Street - City 15) Deanwood Addition - RRHA 16) Neighborhood Plans 17) Historic Building Loan Repair 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) (035-088-8820-5115) (035-088-8820-5116) (035-088-8820-5168) (035-088-8825-5125) (035-088-8830-5131) (035-088-8830-5138) (035-088-8830-5144) (035-088-8830-5145) (035-088-8830-5156) (035-088-8830-5157) (035-088-8837-5163) (035-088-8837-5169) Preservation Tech. Assist. (035-088-8837-5170) Downtown Facade Grants Unprogrammed CDBG - Parking Lot Income Unprogrammed CDBG - Other Loan Repayment Unprogrammed CDBG - NNEO Loan Repayment Unprogrammed CDBG - Other Consultant Services Mini Grants (035-088-8837-5201) (035-088-8840-5183) (035-088-8840-5186) (035-088-8840-5187) (035-088-8840-5189) (035-089-8915-5095) (035-089-8925-5122) NNEO - Lot Purchase & Wall (035-089-8925-5193) Program Development Vacant Lot Homesteading Home Purchase Loan Program - RRHA 30) Postage - Housing 31) Emergency Home Repair 32) Neighborhood Based Service Delivery 33) Deanwood - RRHA 34) Urban Renewal Disposition - RRHA 35) First Street/Henry Street - RRHA (035-089-8915-5096) (035-089-8920-5104) (035-089-8920-5115) (035-089-8920-5116) (035-089-8920-5168) (035-089-8925-5125) (035-089-8930-5131) (035-089-8930-5138) (035-089-8930-5144) 5,845.00) 478.00) 21,463.00) ( 3,000.00) (66,473.OO) ( 1,017.00) ( 3,986.00) (85,921.00) ( 462.00) (12,891.00) (17,977.00) ( 21,048.00) (23,959.00) (40,000.00) (16,606.00) ( 3,885.00) lOO.OO) 583.00) 3,354.00 750.00 2,000.00 230.00 213.00 5,845.00 478.00 21,463.00 3,000.00 66,473.00 1,017.00 3,986.00 420 36) Shaffers Crossing - RRHA 37) Henry Street - City 38) Deanwood Addition - RRHA 39) Neighborhood Plans 40) Historic Building Loan Repair (035-089-8930-5145) (035-089-8930-5156) (035-089-8930-5157) (035-089-8937-5163) (035-089-8937-5169) 41) Preservation Tech. Assist. (035-089-8937-5170) 42) Downtown Facade Grants (035-089-8937-5201) 43) Unprogrammed CDBG - Parking Lot Income 44) Unprogrammed CDBG - Other Loan Repayment 45) Unprogrammed CDBG - NNEO Loan Repayment 46) Unprogrammed CDBG - Other 47) CDBG Entitlement B88MC510020 48) CDBG Carryover - 1989 (035-089-8940-5183) (035-089-8940-5186) (035-089-8940-5187) (035-089-8940-5189) (035-035-1234-8901) (035-035-1234-9023) 85,921.00 462.00 12,891.00 17,977.00 21,048.00 23,959.00 40,000.00 16,606.00 3,885.00 100.00 583.00 (332,241.00) 332,241.00 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 24th Day of June, 1991. No. 30602-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Renovation of Oakland Elementary School (1) ................... Renovate Crystal Springs Elementary School (2) ................ Parks and Recreation Renovation Wasena/Eureka/Jackson/Washington Parks (3) ......... Jackson, Norwich, Wasena Improvements (4) ..................... Improvement to Seven Parks (5-6) .............................. Streets and Bridges Roadway System at RCIT (7) .................................... Franklin Road Bridge Rehabilitation (8) ....................... Hollins (Read) Road Bridge Replacement (9 Brandon Avenue Widening (10) ............. !]]]]]]i]]]i]]]]]]i]] Old Mountain Road Bridge Repairs - Engineering (11) ........... Old Mountain Road Bridge Repairs (12) ......................... Sanitation Central Business District Storm Drain (13) .................... Lick Run Retention Pond (14) .................................. Berkley Road - City/State.N & W (15) .......................... Williamson Road Retention Basin (16) .......................... Williamson Road Storm Drain Phase 2, Cont. IE (17) ............ Williamson Road Storm Drain Phase 2, Cont. IF (18) ............ Williamson Road Storm Drain Phase 2, Cont. IG (19) ............ Hemlock Hills Storm Drain (20) ................................ Plantation Road/Hollins Road Storm Drain (21) ................. Other Infrastructure Special Capital Projects FYgl (22) ............................ Capital Improvement Reserve Capital Improvement Reserve (23-25) ........................... Public Improvement Bonds - Series 1988 (26) ................... 12,670,049.00 1,293,802.00 4,165,833.00 792,000.00 518,789.00 112,973.00 160,238.00 7,695,589.00 144,944.00 706,265.00 766,942.00 131,778.00 15,809.00 120,069.00 6,094,277.00 11,659.00 633,319.00 6,243.00 634,491.00 1,500,843.00 866,633.00 588,694.00 101,566.00 407,846.00 17,915,635.00 5,817.00 7,591,820.00) 650,872.00 882,975.00 421 1) 2) 3) 4) 5) 6) 7) 8) 9) lO) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) Appropriation from Bonds Appropriation from Bonds Appropriation from General Revenue Appropriation from Bonds Appropriation from Bonds Appropriation from General Revenue Appropriation from General Revenue Appropriation from General Revenue Appropriation from General Revenue Appropriation from General Revenue Appropriation from General Revenue Appropriation from General Revenue Appropriation from General Revenue Appropriation from General Revenue Appropriation from General Revenue Appropriation from Bonds Appropriation from Bonds Appropriation from General Revenue Appropriation from General Revenue Appropriation from Bonds Appropriation from Bonds Appropriation from General Revenue Buildin§s and Structures Storm Drains Streets and Brid9es Storm Drains (008-060-6067-9001) (008-060-6073-9001) (008-050-9632-9003) (008-050-9634-9001) (008-050-9636-9001) (008-050-9636-9003) (008-052-9512-9003) (008-052-9602-9003) (008-052-9620-9003) (008-052-9638-9003) (008-052-9646-9003) (008-052-9664-9003) (008-052-9572-9003) (008-052-9582-9003) (008-052-9584-9003) (008-052-9622-9001) (008-052-9634-9001) (008-052-9635-9003) (008-052-9639-9003) (008-052-9655-9001) (008-052-9658-9001) (008-052-9608-9511) (008-052-9575-9173) (008-052-9575-9176) (008-052-9575-9181) (008-052-9603-9176) $(2,151,848.00) 2,151,848.00 ( 211.00) ( 27.00) 27.00 211.00 ( 7,056.00) ( 2,813.00) ( 31,239.00) ( 9,780.00) ( 91.00) ( 14,946.00) ( 41,654.00) ( 502.o0) ( 1.00) ( 3,070.00) ( 51,ooo.oo) ( 24,028.00) ( 5,138.00) ( 3,035.00) ( 19,797.00) ( 29,566.00) 29,566.00 71,323.00 65,925.00 76,902.00 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 24th Day of June, 1991. No. 30603-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations General Fund (1-91) ........................................... $158,231,402.00 422 Internal Service Fund Appropriations Internal Service Fund (92-105) ................................ $ 8,412,666.00 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) 26) 27) 28) 29) 30) 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) 59) 60) 61) 62) 63) 64) 65) 66) 67) 68) 69) Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen' Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Workmen Unem Unem Unem Unem Unem Unem Unem Unem Unem s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Wages s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Medical s Comp Wages s Comp Medical ~loyment Wages )loyment Wages >loyment Wages )loyment Wages )loyment Wages )loyment Wages )loyment Wages )loyment Wages )loyment Wages Unemployment Wages Unemployment Wages Unemployment Wages Unemployment Wages Unemployment Wages Unemployment Wages Unemployment Wages Termination Leave Wages Termination Leave Wages Termination Leave Wages Termination Leave Wages Termination Leave Wages (001-004-1232-1135) (001-004-1231-1135) (001-024-3310-1135) (001-050-3112-1135) (001-050-3113-1135) (001-050-3114-1135) (001-050-3213-1135) (001-050-3521-1135) (001-050-3530-1135) (001-050-4340-1135) (001-052-3410-1135) (001-052-4110-1135) (001-052-4210-1135) (001-052-4220-1135) (001-052-4330-1135) (001-054-3320-1135) (001-054-5340-1135) (001-002-1212-1140) (001-004-1232-1140) (001-020-1234-1140) (001-023-1235-1140) (001-024-2140-1140) (001-024-3310-1140) (001-050-1261-1140) (001-050-3112-1140) (001-050-3113-1140) (001-050-3114-1140) (001-050-3212-1140) (001-050-3213-1140) (001-050-3214-1140) (001-050-3521-1140) (001-050-3530-1140) (001-050-4340-1140) (001-050-7110-1140) (001-052-3410-1140) (001-052-4110-1140) (001-052-4130-1140) (001-052-4210-1140) (001-052-4220-1140) (001-052-4310-1140) (001-052-4330-1140) (001-054-3320-1140) (001-054-3350-1140) (001-054-3360-1140) (001-054-5314-1140) (001-054-5340-1140) (001-004-9110-1135) (001-004-9110-1140) (001-001-1120-1145) (001-024-3310-1145) (001-050-4340-1145) (001-050-7110-1145) (001-052-4110-1145) (001-052-4130-1145) (001-052-4210-1145) (001-052-4220-1145) (001-054-3320-1145) (001-054-3360-1145) (001-054-5311-1145) (001-054-5313-1145) (001-054-5314-1145) (001-054-5316-1145) (001-054-5317-1145) (001-054-5340-1145) (001-001-1120-1150) (001-004-1232-1150) (001-005-1240-1150) (001-023-1235-1150) (001-024-3310-1150) 1,007.00 5,000.00 16,803.00 10,932.00 97,164.00 289.00 80,278.00 24,083.00 39.00 4,215.00 3,329.00 3,713.00 7,150.00 83.00 5,904.00 480.00 5,701.00 230.00 2,113.00 58.00 1,004.00 629.00 7,973.00 99.00 5,286.00 67,638.00 5,493.00 18.00 115,078.00 48.00 7,166.00 871.00 24,893.00 260.00 8,357.00 4,098.00 2,079.00 31,407.00 207.00 481.00 9,186.00 6,534.00 200.00 566.00 850.00 14,560.00 (283,552.00) (300,000.00) 3,680.00 157.00 14,273.00 414.00 3,515.00 2,571.00 99.00 723.00 2,664.00 1,760.00 446.00 4,198.00 138.00 1,371.00 12.00 405.00 1,694.00 47.00 6,346.00 6,115.00 5,387.00 423 70) Termination Leave Wages (001-050-3112-1150) 4,478.00 71) Termination Leave Wages (001-050-3113-1150) 1,766.00 72) Termination Leave Wages (001-050-3115-1150) 123.00 73) Termination Leave Wages (001-050-3211-1150) 5,278.00 74) Termination Leave Wages (001-050-3213-1150) 12,380.00 75) Termination Leave Wages (001-050-3521-1150) 1,253.00 76) Termination Leave Wages (001-050-4340-1150) 3.00 77) Termination Leave Wages (001-052-3410-1150) 150.00 78) Termination Leave Wages (001-052-4110-1150) 5,951.00 79) Termination Leave Wages (001-052-4130-1150) 3,059.00 80) Termination Leave Wages (001-052-4210-1150) 287.00 81) Termination Leave Wages (001-052-4220-1150) 6,138.00 82) Termination Leave Wages (001-052-4330-1150) 1,678.00 83) Termination Leave Wages (001-054-3360-1150) 1,554.00 84) Termination Leave Wages (001-054-5313-1150) 7,857.00 85) Termination Leave Wages (001-054-5314-1150) 1,289.00 86) Termination Leave Wages (001-054-5316-1150) 517.00 87) Termination Leave Wages (001-054-5340-1150) 1,569.00 88) Termination Leave Wages (001-054-7310-1150) 753.00 89) Termination Leave Wages (001-072-2110-1150) 1,163.00 90) Unemployment Wages (001-004-9110-1145) (35,000.00) 91) Termination Leave Wages (001-004-9110-1150) (78,261.00) 92) Workmen's Comp Wages (006-052-2641-1135) 3,678.00 93) Workmen's Comp Wages (006-056-2625-1135) 2,347.00 94) Workmen's Comp Medical (006-002-1617-1140) 132.00 95) Workmen's Comp Medical (006-050-1613-1140) 78.00 96) Workmen's Comp Medical (006-052-2641-1140) 6,237.00 97) Workmen's Comp Medical (006-056-2625-1140) 13,785.00 98) Unemployment Wages (006-056-2625-1145) 3,070.00 99) Termination Leave Wages (006-050-1601-1150) 1,735.00 100) Termination Leave Wages (006-052-2641-1150) 597.00 101) Termination Leave Wages (006-056-2625-1150) 199.00 102) Workmen's Comp Wages (006-004-9111-1135) (10,000.00) 103) Workmen's Comp Medical (006-004-9111-1140) (10,000.00) 104) Termination Leave Wages (006-002-1617-1150) ( 137.00) 105) Termination Leave Wages (006-004-9111-1150) (11,721.00) 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 24th Day of June, 1991. No. 30604-62491. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as "City Code"); WHEREAS, said Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and 424 WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully con- sistent with the applicable State Code sections, as amended; THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters i through 36, each inclusive, is hereby readopted and reenacted. Such Code and amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incor- porated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amend- ments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30605-62491. An ORDINANCE amending and reordaining subsection (b) of §23.1-18, Alternate Forms of Security, of the Code of the City of Roanoke (1979), as amended, to preclude the use of certain alternate forms of security in lieu of a performance or payment bond; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of §23.1-18, Alternate Forms of Security, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §23.1-18. Alternate Forms of Security. (b) If approved by the city attorney, a bidder may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds in the face amount required for the bid bond. Approval shall be granted only upon a determination that the alternative form of security proffered affords protection to the city equiva- lent to a corporate surety's bond. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 1991. 425 APPROVED City Cle Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30606-62491. AN ORDINANCE amending and reordaining subsection (a)(1) of §21-68, Requirement of issuance of permit; where valid; duration; permits subject to regulations; subsection (d) of §21-71, Reports of gross receipts and disbur- sements required; form of reports; failure to file; certificate of compliance; right of entry upon premises; records; independent accounting procedure; and subsection (1) of 921-73, Prohibited practices, of the Code of the City of Roanoke (1979), as amended, the amendments relating to organizations applicable to apply for permit, threshold for requirement of report of independent cer- tified public accountant and conduct of bingo by organizations composed of or for blind persons; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a)(1) of §21-68, Requirement of issuance of permit; where valid; duration; permits subject to regulations, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and pro- vide as follows: §21-68. Requirement of issuance of permit; where valid; duration; permits subject to regulations. (a) Prior to the issuance of any permit, the applicant orga- nization shall meet each of the following requirements: (1) Except for recently established volunteer fire and rescue companies or departments, as defined in this article, the organization shall have been in existence and met on a regular basis in the City of Roanoke, City of Salem, County of Roanoke or Town of Vinton for a period of at least two years immediately prior to applying for a per- mit. In no case shall the organization apply for or receive more than one permit. However, this requirement shall not apply (i) to any lodge or chapter of a national or international fraternal order or a national or inter- national civic organization which is exempt under §501(c)(3) of the United States Internal Revenue Code and which has a lodge or chapter holding a bingo permit issued under the provisions of this article anywhere within this Commonwealth, or (ii) where the director of finance provides for the issuance of a bingo or raffle permit for school sponsored activities to booster clubs which have been operating for less than two (2) years, in public schools which are less than two (2) years old. 2. Subsection (d) of §21-71, Reports of gross receipts and disbur- sement required; form of reports; failure to file; certificate of compliance; right of entry upon premises; records; independent accounting procedure, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained as follows: 426 §21-71. Reports of gross receipts and disbursement required; form of reports; failure to file; certificate of compliance; right of entry upon premises; records; independent accounting procedure. (d) Any organization having annual gross receipts from bingo games or raffles in excess of two hundred fifty thousand dollars ($250,000.00), as shown on its annual financial report, shall attach to such report an opinion of a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash; (ii) the proceeds of any bingo games or raffles have been used, in all material respects, for those lawful, religious, charitable, community, or educational pur- poses for which the organization is specifically chartered or organized; and (iii) the gross receipts have been used in all material respects in accordance with the provisions of this article. The failure to file the opinion of a licensed inde- pendent certified public accountant, when required, shall cause the automatic revocation of the permit and no organiza- tion shall conduct any bingo game or raffle thereafter until the opinion required by this subdivision is properly filed with the report and a new permit is obtained including payment of application and processing fee. The opinion required by this section is in addition to the audit and audit fee required by section 21-72. 3. Subsection (1) of §21-73, Prohibited practices, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained as follows: §21-73. Prohibited practices. (1) Except for persons employed as clerical assistants by organizations composed of or for deaf or blind persons, no organization shall enter into a contract with or otherwise employ for compensation any person, firm, association, orga- nization, partnership or corporation of any classification whatsoever for the purpose of organizing, managing or con- ducting bingo games or raffles. Persons employed by organi- zations composed of or for deaf or blind persons may receive remuneration not to exceed thirty dollars ($30.00) per event for providing clerical assistance in the conduct of bingo games or raffles only for such organizations. Any organiza- tion composed of or for deaf or blind persons that employs a person not a member to provide clerical assistance in the conduct of bingo games or raffles shall have in force fide- lity insurance written by an insurer licensed to do business in the Commonwealth of Virginia. However, this subsection shall not prohibit the joint operation of bingo games under section 21-77. 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, 1991. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30607-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 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 Citizen Services Committee (1-31) ............................. 285,000.00 427 1) Subsidies 2) Fifth District Training Consortium 3) Presbyterian Community Center 4) Family Services Protective Services 5) Free Clinic 6) League of Older Americans 7) Roanoke Area Ministries 8) RADAR 9) AssociatioOn for Retarded Citizens 10) Bethany Hall 11) Big Brothers/Big Sisters 12) Child Abuse Prevention Council 13) CORD 14) Information and Referral 15) Blue Ridge MS 16) NW Child Development Center 17) Roanoke Symphony Society 18) Arts Council of Roanoke Valley 19) Roanoke Valley Speech and Hearning Center 20) TRUST 21) Western Virginia Emergency Medical Services 22) Inner City Athletic Assoc. 23) West End Community Center 24) Adult Care Center 25) Tinker Mountain Industries 26) Conflict Resolution Center, Inc. 27) Mill Mountain Theatre 28) Roanoke Museum of Fine Art 29) Roanoke City Health Dept. 30) The Salvation Army 31) Fees for Professional Services (001-054-5220-3700) (001-054-5220-3711) (001-054-5220-3719) (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) (001-054-5220-3741) (001-054-5220-3744) (001-054-5220-3745) (001-054-5220-3746) (001-054-5220-3747) (001-054-5220-3748) (001-054-5220-3749) (001-054-5220-3750) (001-054-5220-3751) (001-054-5220-3752) (001-054-5220-2010) $(285,ooo.oo) 5,315.00 1,200.00 35,500.00 17,800.00 24,000.00 25,500.00 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 2,640.00 2,200.00 7,000.00 6,645.00 1,800.00 3,600.00 4,150.00 20,000.00 2,500.00 1,000.00 500.00 5,000.00 22,600.00 8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 428 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30608-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government $ Billings and Collections (1) .................................. Municipal Auditing (2) ........................................ Public Safety Police - Administraction (3) .................................. Police - Investigation (4).................................... Police Patrol (5) ...... "'"""'"'"'"""'..'"""'"" Police - Services (6) ......................................... Police - Training (7) ......................................... Fire - Administration (8) ..................................... Fire - Operations (9) ......................................... Building Inspection (10) ...................................... Public Works Grounds Maintenance (11) ...................................... Street Maintenance (12) ....................................... Street Paving (13) ......... Refuse Collection (19) ........................................ Custodial Services (20) ....................................... Building Mai.te.ance (21) ..................................... Health and Welfare Income Maintenance (22) ....................................... Social Services - Services (23) ............................... Non-Departmental Contingency - General Fund (24-26) ............................ 8,607,219.00 2,312,786.00 390,516.00 28,590,285.00 198,980.00 2,451,267.00 6,179,777.00 1,344,710.00 187,415.00 257,121.00 10,033,875.00 640,259.00 19,026,393.00 3,022,675~00 2,477,447~00 1,716,135.00 71,632~00 4,373,753.00 852,708.00 2,949,797.00 13,763,027.00 3,487,867.00 6,053,426.00 12,830,320.00 501,566.00 Revenues General Property Taxes $ 49,116,705.00 Public Service Tax (27) ....................................... 2,773,500.00 Other Local Taxes 37,930,000.00 Franchise Taxes (28) .......................................... 1,375,000.00 Grants-in-Aid Commonwealth 54,154,952.00 Welfare (29-30) ............................................... 8,367,697.00 1) 2) 3) 4) 5) 6) 7) 8) 9) lO) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 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 Fees for Professional Services {001-004-1232-1002) (001-005-1240-1002) (001-050-3111-1002) (001-050-3112-1002) (001-050-3113-1002) (001-050-3114-1002) (001-050-3115-1002) (001-050-3211-1002) (001-050-3213-1002) (001-052-3410-1002) (001-050-4340-1002) (001-052-4110-1002) (001-052-4120-2010) Overtime Wages (001-052-4140-1003) Motor Fuels and Lubricants (001-052-4140-2038) Chemicals Material s Control Motor Vehicle Maintenance Regular Employee Salaries Regular Employee Salaries (001-052-4140-2045) (001-052-4140-7010) (001-052-4140-7025) (001-052-4210-1002) (001-052-4220-1002) $(2,soo.oo) (5,000.00) (30,000.00) (10,000.00) 46,406.00 (15,000.00) (15,ooo.oo) (lO,OOO.OO) (12,500.00) (lO,OOO.OO) (1,300.00) (IO,OO0.O0) 773,524.00 25,954.00) 8,137.00) 10,347.00) 1,261.00) 2,000.00) 25,ooo.oo) lO,OOO.OO) 429 21) Regular Employee Salaries 22) Regular Employee Salaries 23) Regular Employee Salaries 24) Contingency 25) Maintenance of Fixed Assets Contingency 26) Equipment Replacement Contingency (001-052-4330-1002) (001-054-5313-1002) (001-054-5314-1002) (001-002-9410-2199) (001-002-9410-2201) (001-002-9410-2202) 27) Public Service Corporation (001-020-1234-0140) 28) Bank Stock Franchise (001-020-1234-0235) 29) General Administration (001-020-1234-0676) 30) Purchased Services (001-020-1234-0683) 2,500.00) 35,000.00) 25,000.00) 26,932.00) (59,813.00) (14,686.00) 300,000.00 200,000.00 (28,000.00) (20,000.00) 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 24th Day of June, 1991. No. 30609-62491. 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 offi- cials 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 Counci} of the City of Roanoke that: 1. The Bid of Virginia Asphalt Paving Co., Incorporated made to the City in the total amount of $1,071,723.00 for paving and profiling of various streets within the City of Roanoke as more particularly set forth in the report to this Council dated June 17, 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 out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED 430 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30610-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $ 19,129,402.00 Building Maintenance (1) ...................................... 3,020,879.00 Non-Departmental Contingency - General Fund (2) ................................ 607,854.00 1) Maintenance Third Party (001-052-4330-3056) 2) Maintenance of Fixed Assets (001-002-9410-2201) $ 46,285.00 (46,285.00) 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 24th Day of June, 1991. No. 30611-62491. AN ORDINANCE accepting certain bids and awarding certain contracts for roof repair to various City-owned facilities, and rejecting all other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to make roof repairs on various City-owned facilities, hereinafter set out and generally described, are hereby ACCEPTED, in the contract amounts set out with each pro- ject for a total bid price of $46,285.00: Facility Parks and Recreation Gymnasium National Guard Armory Williamson Road Library Raleigh Court Library Bi dder Consolidated Industrial Roofing, Inc. John T. Morgan Sheet Metal Company, Incorporated, t/a John T. Morgan Roofing & Sheet Metal Co., Inc. Consolidated Industrial Roofing, Inc. John T. Morgan Sheet Metal Company, Incorporated, t/a John T. Morgan Roofing & Sheet Metal Co., Inc. Amount $15,620.00 $ 7,937.00 $ 9,415.00 $11,916.00 431 Mill Mountain Caretaker's House Shen Valley Roofing, Inc. $ 1,397.00 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 contracts for the above projects, in form approved by the City Attorney, with said bidders, incorporating the terms and conditions as more particularly set forth in report of the City Manager, dated June 17, 1991, to this 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 munici- pal 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 24th Day of June, 1991. No. 30612-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Non-Departmental $12,298,864.00 Contingency - General Fund (1) ................................ 619,805.00 Transfers to Other Funds (2) .................................. 11,354,966.00 Capital Fund Appropriations General Government Crisis Intervention Center (3) ................................ $ 7,376,336.00 582,184.00 1) Contingency 2) Transfers to Capital Fund 3) Appropriation from General Revenue (001-002-9410-2199) (001-004-9310-9508) (008-052-9637-9003) $(34,334.00) 34,334.00 34,334.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 432 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30613-62491. AN ORDINANCE accepting the bid of Williams Painting and Remodeling, Inc., and awarding a contract for the construction and other related work of the Crisis Intervention Center at Coyner Springs, upon certain terms and conditions, and rejecting all other bids made therefore; 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, offering to construct the Crisis Intervention Center, perform site work, and install utilities and construct the attic storage space provided for in Alternate No. 1, said bid meeting all of the City's specifications and require- ments therefor, in the amount of $487,232.00, within 210 consecutive calendar days, 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, in form approved by the City Attorney, with said bidder, incorporating the terms and conditions as more particularly set forth in report of the City Manager, dated June 17, 1991, to this Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30615-62491. A RESOLUTION authorizing an amendment to the City's contract with Bio-Gro Systems, Inc., for the third year of removal and disposal of sludge from the Water Pollution Control Plant, and authorizing the proper City officials to execute the requisite contract documents. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager and the City Clerk are authorized for and on behalf of the City to execute and attest, respectively, the requisite unit price contract amendment, on such form as is approved by the City Attorney, with Bio-Gro Systems, Inc., for furnishing all tools, labor, machinery and materials necessary to remove, transport and dispose of a minimum of 6,000 dry tons to a maximum of 10,000 dry tons, subject to approval by the City based upon funding and available volume, of digested sludge from the Water Pollution Control Plant, at the unit price of $84.22 per dry ton for a total sum of $505,320.00 for 6,000 dry tons up to $842,200.00 for 10,000 dry tons, in a total time frame of one year from execution of the amendment but not later than July 1991, such amend- ment to include provisions for additional hauling as approved up to 10,000 dry tons, and additional one year extensions of the contract, as well as appropriate bonding and liability insurance, all in accordance with the City's plans and specifications made for such work, the terms of the proposal made to the City and any other provisions which the City Manager may deem necessary, the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council, as more particularly set forth in the report to this Council dated June 24, 1991. 433 ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th Day of June, 1991. No. 30616-62491. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Purification $ Other Charges (1) ............................................. 946,318.00 316,500.00 Retained Earnings , Retained Earnings - Unrestricted (2) .......................... $ 15,766,378.00 1) Purchased Water 2) Retained Earnings - Unrestricted (002-056-2170-2055) (002-3336) $ 105,000.00 (105,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: .~~ 4. City Clerk APPROVED May 434 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of July, 1991. No. 30614~70891. AN ORDINANCE establishing a rate schedule for certain water rates and related charges for services provided by this City effective August 1, 1991, July 1, 1992, and July 1, 1993. BE IT ORDAINED by the Council of the City of Roanoke that the water rates and other related rates and charges for services provided by the City of Roanoke shall be as set forth in Attachment A attached hereto, which is hereby incorporated by reference herein, such rates to be effective for all water and fire service statements rendered on or after August 1, 1991, July 1, 1992, and July 1, 1993, as set forth in Attachment A. ATTACHMENT "A" Rate Schedule to be Effective with all Service Billings On and After Date Shown Minimum Charges Based on Allowance of 200 Cu. Ft. Per Month Meter Size Effective Aug. 1, 1991 E ffecti ve July 1, 1992 Effective July 1, 1993 5/8" Meter $ 1.94 $ 2. O0 $ 2.06 3/4" Meter 3.65 4.71 6.05 1" Meter 4.87 6.28 8.07 i 1/2" Meter 12.17 15.69 20.17 2" Meter 19.47 25.08 32.25 3" Meter 48.65 62.69 80.62 4" Meter 77.84 100.30 128.97 6" Meter 194.61 250.77 322.46 8" Meter 311.36 401.20 515.91 10" Meter 498.17 641.93 825.46 12" Meter 778.43 1,003.06 1,289.84 Next 2,800 cu. ft. Next 27,000 cu. ft. All over 30,000 cu. ft. .54/100 .68/100 .85/100 .43/100 .56/100 .71/100 .32/100 .56/100 .71/100 Notes: 1. For retail water service sold outside the City limits, the minimum charges is 100% greater than City rates. 2. Minimum charges and quantity allowances are three times greater for consumers billed quarterly. 3. Cost for water rates and service outside the City limits in excess of the minimum quantity will be: $1.08/100 cu. ft. beginning August 1, 1991 $1.36/100 cu. ft. beginning July 1, 1992 $1.70/100 cu. ft. beginning July 1, 1993 Fire Services - Minimum Monthly Charges August 1, 1991 July 1, 1992 4" $ 47.24 $ 60.87 6" 106.71 137.50 8" 168.35 216.93 10" 298.45 384.58 12" 424.87 547.48 July 1, 1993 $ 78.28 176.81 278.96 494.53 704.01 ATTEST: City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of July, 1991. No. 30619-70891. 435 A RESOLUTION regarding the adoption of the Solid Waste Management Plan for the City of Roanoke. WHEREAS, the Virginia Waste Management Board (hereinafter the "State") has been authorized by the Code of Virginia (1950), as amended, to promulgate and enforce such regulations as may be necessary to carry out its duties and powers and the intent of the Virginia Waste Management Act and related federal acts; WHEREAS, it is the policy of the State to require each city, county, and town to develop a comprehensive and integrated Solid Waste Management Plan ("Plan") that, at a minimum, considers all components of the following hierarchy: (1) Source Reduction, (2) Reuse, (3) Recycling, (4) Resource Recovery (Waste-to-Energy), (5) Incineration, (6) Landfilling, and (7) Plan Implementation; WHEREAS, the State has mandated that all localities meet recycling goals of ten percent (10%) by December 31, 1991, fifteen percent (15%) by December 31, 1993, and twenty~five percent (25%) by December 31, 1995; WHEREAS, the State has set penalties for localities not complying with the Plan and recycling regulations; WHEREAS, the Plan shall be approved or disapproved by the State by July 1, 1992; WHEREAS, any Plan disapproved must be revised as the State requires no later than October 1, 1992; WHEREAS, the responsibility for preparing a Solid Waste Management Plan was delegated to the City Planning Commission's Long-Range Planning Subcommittee in December of 1990; WHEREAS, the Planning Commission has developed and adopted a Plan meeting the objectives and performance criteria outlined by the State in its "Regulations for the Development of Solid Waste Management Plans" (May 15, 1990, Virginia Department of Waste Management); and WHEREAS, public participation has been integrated into the Plan's deve- lopment, and a public hearing has been held to receive comments on the Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby adopt the Solid Waste Management Plan for the City of Roanoke, Virginia, and authorizes the City Manager to take such actions as are required to meet the State submission and approval requirements, and imple- ment the Plan. ATTEST: 2(~ City Clerk APPROVED Mayor 436 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of July, 1991. No. 30620-70891. AN ORDINANCE to amend and reordain certain sections of the 1990~91 Grant, General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant, General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Grant Fund Appropriations Education Child Development Clinic 1991-92 (1~6) ....................... Child Specialty Services 1991~92 (7-12) ...................... Juvenile Detention Home 1991-92 (13~19) ...................... Special Education Tuition 1991-92 (20) ....................... Apprenticeship 1991-92 (21-27) ............................... Governor's School 1991-92 (28~63) ............................ Teaching Peace 1991-92 (64-65) ............................... 19,311,213.00 51,870.00 64,719.00 73,033.00 325,000.00 157,087.00 785,556.00 3,300.00 Revenue Education Child Development Clinic 1991~92 (66) ........................ Child Specialty Services 1991~92 (67) ........................ Juvenile Detention Home 1991~92 (68) ......................... Special Education Tuition 1991~92 (69) ....................... Apprenticeship 1991~92 (70~71) ............................... Governor's School 1991~92 (72-74) ............................ Teaching Peace 1991-92 (75) .................................. 19,311,213.00 51,870.00 64,719.00 73,033.00 325,000 O0 157,087.00 785,556.00 3,300.00 General Fund Appropriations Education Instruction (76) ........... General Support Other ~ses of Funds (83) ..................................... Non-Departmental Transfer to Other Funds (84) ................................. Revenue Charges for Services $ Education (85) ............................................... Capital Projects Fund Appropriations Education Renovations ~ Forest Park Elementary School (86) ............. Revenue Due from State Literary Loan (87) .............................. $ 1) Educational Coordinator 2) Social Security 3) State Retirement 4) Health Insurance 5) State Group Life Ins. 6) Indirect Costs 7) Educational Coordinator (035~060~6593~6554~0138) (035~060-6593-6554~0201) (035~060~6593~6554-0202) (035~060-6593~6554~0128) (035~060-6593~6554~0205) (035-060~6593~6554~0212) (035-060~6594~9554-0138) 64,086,322.00 48,243,959.00 12,215,625.00 531,040.00 12,234,014.00 10,864,617.00 7,405,967.00 2,475,760.00 15,170,049.00 2,500,000.00 2,500,000.00 38,287.00 2,929.00 6,417.00 1,913.00 410.00 1,914.00 48,288.00 437 8) Social Security 9) State Retirement 10) Health Insurance 11) State Group Life Ins. 12) Indirect Costs 13) Educational Coordinators 14) Substitutes 15) Social Security 16) State Retirement 17) Health Insurance 18) State Group Life Ins. 19) Indirect Costs 20) Tuition~Private Schools 21) Coordinator 22) Social Security 23) State Retirement 24) Health Insurance 25) State Group Life Ins. 26) Part Time Instructors 27) Travel 28) Teachers 29) Social Security 30) State Retirement 31) Health Insurance 32) State Group Life Ins. 33) Local Travel 34) Conference Travel 35) Field Trips 36) Textbooks 37) Director 38) Clerical 39) Social Security 40) State Retirement 41) Health Insurance 42) State Group Life Ins. 43) Part Time Teachers 44) Service Contracts 45) Instructional Technology 46) Purchased Services 47) Tuition 48) Local Travel 49) Conference Travel 50) Evaluation 51) Inservice 52) Library Materials 53) Instructional Supplies 54) Equipment 55) Custodian 56) Social Security 57) City Retirement 58) Health Insurance 59) State Group Life Ins. 60) Utilities 61) Telecommunications 62) Maintenance Supplies 63) Debt Services 64) Inservice Training 65) Social Security 66) State Grant Receipts 67) State Grant Receipts 68) State Grant Receipts 69) State Grant Receipts 70) State Grant Reciepts 71) Fees 72) State Grant Receipts 73) Local Match 74) Fees from Other School Divisions 75) Donations 76) Tuition ~ In State 77) Bus Driver 78) Social Security 79) Health Insurance 80) Bus Driver~Per Diem 81) Operating Costs (035-060-6594~6554~0201) (035-060-6594-6554~0202) (035~060-6594-6554~0128) (035~060~6594~6554~0205) (035~060~6594~6554-0212) (035~060~6595-6554~0138) (035-060-6595~6554~0021) (035-060-6595-6554-0201) (035~060-6595~6554~0202) (035~060~6595-6554-0128) (035~060~6595-6554~0205) (035~060-6595~6554~0212) (035-060~6596~6329~0312) (035~060-6746~6138~0121) (035~060~6746~6138-0201) (035~060-6746~6138-0202) (035~060~6746~6138~0128) (035-060~6746-6138~0205) (035~060~6746~6138~0313) (035-060~6746~6138-0551) (035-060~6977-6107-0121) (035~060~6977~6107~0201) (035~060~6977~6107~0202) (035~060-6977~6107~0128) (035~060~6977~6107~0205) (035~060~6977~6107~0551) (035~060~6977~6107~0554) (035~060~6977~6107~0583) (035~060~6977~6107~0613) (035~060~6977~6307-0114) (035~060~6977~6307~0151) (035~060~6977~6307~0201) (035-060~6977~6307~0202) (035~060-6977-6307~0128) (035~060~6977~6307~0205) (035~060~6977~6307~0351) (035-060-6977~6307~0332) (035~060~6977~6307~0351) (035~060~6977~6307~0381) (035~060~6977~6307~0382) (035~060~6977~6307~0551) (035-060~6977~6307~0554) (035~060-6977~6307-0584) (035~060~6977~6307~0129) (035~060-6977~6307~0613) (035~060~6977~6307~0614) (035~060~6977~6307~0802) (035~060~6977~6681-0192) (035~060~6977-6681~0201) (035~060~6977~6681~0203) (035~060~6977~6681-0204) (035-060-6977~6681-0205) (035-060-6977-6681-0511) (035~060-6977~6681~0523) (035~060~6977~6681~0608) (035~060-6977~6681~0901) (035-060-6978~6100-0129) (035-060~6978~6100~0201) (035~060~6593~1100) (035~060~6594-1100) (035-060~6595~1100) (035~060-6596~1100) (035~060~6746~1100) (035~060~6746~1103) (035~060~6977~1100) (035~060~6977-1101) (035~060~6977~1103) (035-060~6978~1103) (035~060~6001~6307~0382) (035-060~6002~6676~0171) (035~060~6002-6676~0201) (001~060~6002-6676~0204) (035~060-6002~6676-0554) (035~060-6002-6676-0609) 3,694.00 8,093.00 1,913.00 517.00 2,214.00 52,918.00 650.00 4,098.00 8,869.00 3,826.00 566.00 2,106.00 325,000.00 43,519.00 10,474.00 7,294.00 939.00 466.00 93,395.00 1,000.00 386,986.00 30,180.00 66,120.00 22,010.00 4,221.00 450.00 1,222.00 2,000.00 4,000.00 56,947.00 20,470.00 5,922.00 12,975.00 3,826.00 828.00 5,000.00 2,800.00 4,000.00 4,200.00 4,000.00 500.00 750.00 500.00 1,200.00 250.00 31,000.00 1,500.00 13,194.00 1,009.00 1,662.00 1,913.00 141.00 15,200.00 6,600.00 7,300.00 64,680.00 3,065.00 235.00 51,870.00 64,719.00 73,033.00 325,000.00 66,203.00 90,884.00 325,000.00 260,806.00 199,750.00 3,300.00 (196,126.00 10,500.00 805.00 1,913.00 1,000.00 9,750.00 438 82) Capital Outlay 83) Matching Funds 84) Transfers to Grant Fund 85) Transportation Trips 86) Appropriations from Literary Fund Loan 87) Due from State Literary (035-060-6002-6676~0808) (035~060-6005-6998-0588) (035-004-9310-9535) (035-060~6000-0810) (008-060~6075-6896-9006) (008~1209) $ 22,702.00 (64,680.OO) 260,806.00 46,670.00 2,500,000.00 2,500,000.00 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 8th Day of July, 1991. No. 30621-70891. A RESOLUTION authorizing the City Manager to enter into an engineering services reimbursement with cost ceiling contract with a certain engineering firm, providing for the performance of certain bridge inspection services; and rejecting certain other proposals. 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 engineering services reimbursement with cost ceiling contract with Mattern & Craig, Inc., for provision by such firm of bridge inspection ser- vices, as more particularly set forth in the July 8, 1991, report of the City Manager to this Council, for an amount not to exceed $78,000.00. 2. The form of the contract with shall be approved as to form by the City Attorney. 3. The City Clerk is directed to notify the other firms which sub~ mitted proposals to the City of the award of this contract, and to express the City's appreciation for their proposals. ATTEST: "~0,.,~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of July, 1991. No. 30623-70891. A RESOLUTION authorizing the City Attorney to file a Petition for Writ of Election with respect to the vacancy in the Office of the Clerk of Circuit Court created by the retirement of the Honorable Patsy Testerman. WHEREAS, the Honorable Patsy Testerman retired from her Office as Clerk of Circuit Court effective July 2, 1991; WHEREAS, §24.1-76(B), Code of Virginia (1950), as amended, requires that, when a vacancy occurs in any elected City office and no provision is made for the filling of the same for the unexpired portion of the term of office, the governing body of the City shall, within fifteen days of the occurrence of the vacancy petition the Circuit Court to issue a writ of election to fill such vacancy; and WHEREAS, City Council is desirous of authorizing the City Attorney to file a Petition for Writ of Election requesting the Circuit Court to issue a Writ requiring an election at the next ensuing general election to fill the vacancy in the Office of Clerk of Circuit Court created by the retirement of the Honorable Patsy Testerman; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol 1 ows: 1. The City Attorney is hereby authorized to file, on behalf of the City Council, a Petition for Writ of Election requesting the Circuit Court to issue a Writ ordering an election to fill the vacancy in the Office of Clerk of Circuit Court created by the retirement of the Honorable Patsy Testerman, such election to be held on November 5, 1991. The City Attorney shall be authorized to take such other action as he deems appropriate to comply with §24.1~76 and other provisions of the Code of Virginia (1950), as amended, including the filing of any required motions and petitions, causing legal notices to be given and making any required appearan~ ces. 3. The City Clerk shall forward a copy of this resolution to The Honorable Alton B. Prillaman, Secretary, Electoral Board for the City of Roanoke. 439 ATTEST:~.,, ~ ~° ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of July, 1991. No. 30624~70891. A RESOLUTION expressing this Council's opposition to establishment by the federal government of a maximum contaminant level for lead at the homeowner's tap in the City of Roanoke. WHEREAS, the Senate Environment and Public Works Committee is currently reviewing the Lead Exposure Reduction Act of 1991; and WHEREAS, an amendment to this bill may be considered that would require the Environmental Protection Agency to set a maximum contaminant level for lead at the homeowner's tap; and WHEREAS, such a standard would place the City of Roanoke and other water suppliers in a position of being legally responsible for plumbing and fix~ tures that lie outside their control; and WHEREAS, such a standard would create a false sense of security for homeowners with the expectation that the water supplier is in a position to address lead levels at the tap; and WHEREAS, such a standard could unfairly result in the imposition of fines of up to $25,000.00 per day for non-compliance with a standard that is in essence impossible to meet. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby states its objection to establishment by the federal govern- merit of a maximum contaminant level for lead at the homeowner's tap. 440 BE IT FURTHER RESOLVED that the City Clerk forward copies of this Resolution to the Honorable John Warner, Member, United States Senate, the Honorable Charles S. Robb, Member, United States Senate, and the Honorable James Olin, Member, House of Representatives, and the Members of the Senate Environment and Public Works Committee. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of July, 1991. No. 30625-70891. AN ORDINANCE AMENDING AND RESTATING CERTAIN PROVISIONS TO AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,000,000.00 GENERAL OBLIGATION SCHOOL BONDS, SERIES OF 1991, OF THE CITY OF ROANOKE, VIRGINIA; AND PROVIDING FOR AN EMERGENCY. WHEREAS, on May 28, 1991, the Council (the "Council") of the City of Roanoke, Virginia (the "City") adopted an ordinance (the "Bond Ordinance") authorizing the issuance of not more than $2,000,000.00 General Obligation School Bonds, Series 1991 (the "Bonds") for sale to the Virginia Public School Authority ("VPSA") pursuant to the terms thereof; WHEREAS, the VPSA has requested the Council to amend and restate cern tain provisions of the Bond Ordinance in order to conform the terms and provi~ sions of the Bonds to those of the bonds to be issued by the VPSA, a portion of the proceeds of which the VPSA will use to purchase the Bonds; and WHEREAS, the Council desires to amend and restate certain provisions of the Bond Ordinance and to ratify and confirm certain other provisions relating thereto. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Bonds shall be issued in the aggregate principal amount of $1,654,827.00; shall be issuable in fully registered form as a single typewrit~ ten bond substantially in the form attached hereto as Exhibit A; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1991"; shall bear interest from the date of delivery thereof payable on January 15, 1991, and semiannually thereafter on each July 15 and January 15 (each an "Interest Payment Date"), at the rates set forth on Schedule I attached hereto and shall mature on July 15 in the years (each a "Principal Payment Date"), and in the amounts set forth on Schedule I attached hereto. 2. The Mayor, the City Manager or the Assistant City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds or on the VPSA Bonds, except as provided below. The Council covenants on behalf of the City (i) that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the City shall comply with the other covenants and representations contained therein, (ii) that the City shall not file a Form 8038~G for the Bonds with the Internal Revenue Service and {iii) that the City shall comply with (A) the pro~ visions of the Code, except as provided above, so that interest on the Bonds would be excludable from gross income for federal tax purposes but for the filing of a Form 8038~G for the Bonds with the Internal Revenue Service and {B) the provisions of the Code so that interest on the VPSA Bonds will remain exclu~ dable from gross income for Federal income tax purposes. 3. All references to "premium" and "premium, if any," in the Bond Ordinance shall hereby be deleted. 4. As amended and restated by this Ordinance, the Bond Ordinance is hereby ratified and confirmed and is in full force and effect. To the extend any provision of the Bond Ordinance conflicts with any provision of this Ordinance, the provision of this Ordinance shall control. 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. 441 NO. R~i EXHIBIT A (FORM OF BOND) $ 1,654,827.00 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA City of Roanoke General Obligation School Bond Series 1991 The City of Roanoke, Virginia (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of ONE MILLION SIX HUNDRED FIFTY~FOUR THOUSAND EIGHT HUNDRED TWENTY~SEVEN and no/lO0 Dollars ($1,654,827.00), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1992 and annually on July 15 thereafter to and including July 15, 2011 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semiannually on each January 15 and July 15, commencing January 15, 1992 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, the Bond Registrar shall make all payments of principal of and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date. If a Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, writ- ten acknowledgement of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully dischared of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on this Bond. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act, Chapter 5, Title 15.1, Code of Virginia of 1950, as amended, ordinances duly adopted by the Council of the City and resolutions duly adopted by the School Board of the City to provide funds for capital projects for school purposes. This Bond is registered in the name of Virginia Public School Authority as to both principal and interest on books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. The principal installments of this Bond are not subject to prepayment or redemption prior to their stated maturities. 442 All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. The ordinance adopted by the Council of the City on May 28, 1991, authorizing the issuance of this Bond provides, and Section 15.1~210 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of and interest on this Bond as the same shall become due which tax shall be without limitation as to rate and amount and shall be in addition to all other taxes authorized to be levied in the City. IN WITNESS WHEREOF, the Council of the City of Roanoke has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated , 1991. CITY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Council of the City of Roanoke, Virginia Mayor of the City of Roanoke, Virginia ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfer unto the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within bond on the books kept for registration thereof with full power of substitution in the premises. Date: NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within bond in every particular, without alteration or enlargement or any change whatever. NOTICE: Signatures must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. Schedule I 443 Roanoke City Virginia Public Series 1991A School Authority Payment Interest Date Principal Rate Interest 1/15/92 47,510.79 7/15/92 67,100 4.850% 51,829.95 1/15/93 50,202.77 7/15/93 74,487 5.350% 50,202.77 1/15/94 48,210.24 7/15/94 74,567 5.600% 48,210.24 1/15/95 46,122.36 7/15/95 75,855 5.800% 46,122.36 1/15/96 43,922.56 7/15/96 76,306 5.900% 43,922.56 1/15/97 41,671.53 7/15/97 76,902 6.100% 41,671.53 1/15/98 39,326.02 7/15/98 77,615 6.100% 39,326.02 1/15/99 36,958.76 7/15/99 78,413 6.200% 36,958.76 1/15/00 34,527.96 7/15/00 79,343 6.300% 34,527.96 1/15/01 32,028.66 7/15/01 80,416 6.400% 32,028.66 1/15/02 29,455.35 7/15/02 81,643 6.500% 29,455.35 1/15/03 26,801.95 7/15/03 83,036 6.600% 26,801.95 1/15/04 24,061.76 7/15/04 84,567 6.600% 24,061.76 1/15/05 21,271.05 7/15/05 86,203 6.600% 21,271.05 1/15/06 18,426.35 7/15/06 87,950 6.600% 18,426.35 1/15/07 15,524.00 7/15/07 89,816 6.600% 15,524.00 1/15/08 12,560.07 7/15/08 91,810 6.600% 12,560.07 1/15/09 9,530.34 7/15/09 93,939 6.600% 9,530.34 1/15/10 6,430.35 7/15/10 96,214 6.600% 6,430.35 1/15/11 3,255.29 7/15/11 98,645 6.600% 3,255.29 1/15/12 0.00 7/15/12 1,654,827 1,179,915.48 Total Fiscal Debt Service Total 47,510.79 47,510.79 118,929.95 50,202.77 169,132.72 124,689.77 48,210.24 172,900.01 122,777.24 46,122.36 168,899.60 121,977.36 43,922.56 165,899.92 120,228.56 41,671.53 161,900.09 118,573.53 39,326.02 157,899.55 116,941.02 36,958.76 153,899.78 115,371.76 34,527.96 149,899.72 113,870.96 32,028.66 145,899.62 112,444.66 29,455.35 141,900.01 111,098.35 26,801.95 137,900.30 109,837.95 24,061.76 133,899.71 108,628.76 21,271.05 129,899.81 107,474.05 18,426.35 125,900.40 106,376.35 15,524.00 121,900.35 105,340.00 12,560.07 117,900.07 104,370.07 9,530.34 113,900.41 103,469.34 6,430.35 109,899.69 102,644.35 3,255.29 105,899.64 101,900.29 0.00 101,900.29 2,834,742.48 2,834,742.48 Dated Date Delivery Date 7/31/91 7/31/91 ATTEST: p~ City Clerk APPRO VED Mayor