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HomeMy WebLinkAbout29321(101788) thru 30143-709901 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29321. 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, W.M.S. Partnership and L. O. Brown, Jr., 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 October 10, 1988, at 7:30 p.m., 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 noti fled; 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 Virginia, that that public right-of-way situate Virginia, and more particularly described as follows: of the City of Roanoke, in the City of Roanoke, BEING a 1.2 foot wide portion of the alley located bet- ween 6th and 7th Streets, S. W., constituting the southerly portion of the alley abutting the lots designated as Official Tax Nos. 1112412, 1112413, 1112414, 1112415, 1112416, 1112417 and 1112418. 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, quitclaimed, released and conveyed insofar as the Council of the City of Roanoke is empowered so to do, to the respective applicants. 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 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 W.M.S. Partnership and L. O. Brown, Jr., and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall take effect upon the recordation by the applicants of a plat of subdivision, approved by the City, combining the area of the right-of-way abandoned hereby with their respective properties. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29322. 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, Theodore R. and Mary E. Kingsley, husband and wife, 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 October 10, 1988, at 7:30 p.m., 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 noti fi ed; 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 that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Beginning at an old pin at the intersection of the northerly rightlof-way of Persinger Road, S. W., and the westerly right-of-way of West Drive, S. W., said point being Corner No. 22 as shown on plat for Norton Stone Estate, by T.P. Parker & Son, Engineers and Surveyors, Ltd. dated June 17, 1988, thence with the westerly right-of-way of West Drive, S. W., the following courses, S. 86° 56' E., 15.4 feet to a P.K. nail at Corner No. 21; thence N. 57° 43' E. 15.7 feet to an old pin at Corner No. 20; thence N. 44° 14' E. 27.6 feet to a chiseled "X" at Corner No. 19; thence N. 9° 51' E. 18.6 feet to an old pin in concrete at Corner No. 18; thence N. 11° 01' W. 16.8 feet to an old pin, the actual point of Beginning, said point being Corner No. 17; thence continuing with the westerly right-of-way line of West Drive, S. W., N. 32° 49' W. 52.07 feet to Corner No. 16; thence N. 24° 03' W. 59.00 feet to Corner No. 15; thence N. 10° 06' W. 7.83 feet to a pin set; thence leaving the original westerly right-of-way line of West Drive, S. W., and with the new westerly right-of-way line of West Drive, S. W., S. 26° 59' 00" E. 118.21 feet to Corner No. 17, the actual point of Beginning and containing 368.6 square feet and being as shown on map of subdivision of the Norton Stone Estate by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated June 17, 1988, a copy of which is on file in the City Clerk's Office as an exhibit to the applicant's application filed with the Clerk on July 21, 1988. 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, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities 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, structures or any other encroachments on or over the easement which impede access for maintenance or replacement pur- poses at the time such work is undertaken; such easement or easements to ter- minate upon the later abandonment of use or permanent removal from the above- described public right-of-way of any such municipal installation or utility 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 names of Theodore R. and Mary E. Kingsley, husband and wife, and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not become effective until a plat of subdivision, approved by the City, shall have been filed dedi- cating from Selena S. Pederson, to the City for right-of-way purposes a parcel, containing 229.8 square feet, as more particularly described in the application; said plat not to be approved for recordation by the City unless and until the existing structure on such 229.8 square foot parcel is removed by the owner thereof. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29323. AN ORDINANCE vacating a portion of a certain subdivision plat and per- manently, vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, The Hub Pattern Corporation has filed an application to the Council of the City of Roanoke, Virginia, in accordance with the provisions of §15.1-482(b), Code of Virginia (1950), as amended, requesting the Council to vacate a portion of a certain subdivision plat and 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 §15.1-482(b), Code of Virginia (1950), 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 October 10, 1988, at 7:30 p.m., after due and timely notice thereof as required by §15.1-482(b), Code of Virginia (1950), 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 plat vacation and 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 the subject public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that portion of the plat of subdivision and the public right-of- way described as follows: 4 A 12-foot wide alley running parallel to and between Salem Avenue, S. W., and Westport Avenue, S. W., and exending from 21st Street S. W., to Boulevard, S. W., as created by the West End and Riverview Map of subdivision, being Plan No. 2508, dated February, 1890. be, and the described portion of the said plat is hereby vacated, and the described public right-of-way be and it hereby is, permanently vacated, discon- tinued 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, reserving however, to the ~City of Roanoke an easement for any sewer lines, water mains and any other public utilities 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 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, structures or any other encroachments on or over the easement which impede access for main- tenance or replacement purposes at the time such work is undertaken; such ease- ment or easements to terminate upon the later abandonment of use or permanent removal from the abovedescribed public right-of-way of any such utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "vacated" on the portion of the plat of subdivision vacated hereby and 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 The Hub Pattern Corporation, Chesapeake X-Ray Corp., and Dodson Specialties, Inc., and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not take effect until a plat of subdivision, approved by the City, is recorded combining the right-of- way vacated hereby with adjacent parcels in the manner specified in §15.1-482(b), Code of Virginia (1950), as amended. APPROVED Clerk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29324. 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, Donald L. Cass 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 October 10, 1988, 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 pro perl, y noti lied; 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 Virginia, that that public right-of-way situate Virginia, and more particularly described as follows: of the City of Roanoke, in the City of Roanoke, That portion of an alley extending between Kirk Avenue and Church Avenue, S. W., abutting upon Official Tax Nos. 1011601, 1011604, 1011602, and 1011615, more specifically described as approximately 12' in width and extending in a southerly direction from Kirk Avenue, S. W., for a distance of approximately 50 feet. 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, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities 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 pur- poses at the time such work is undertaken; such easement or easements to ter- minate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or uti- lity 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 Donald L. Cass, and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not take effect unless and until a plat of subdivision, approved by the City and providing for adequate access to and use of the vacated right-of-way by the applicant, shall have have been recorded within twelve (12) months of the effective date of this ordinance. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29325. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 303, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to C-2, General Commercial 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 October 10, 1988, 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. 303 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a parcel of land in the City con- taining 1.923 acres, in the aggregate, more or less, located at 719 Orange Avenue, N. E., and 815 Orange Avenue, N. E., designated on Sheet No. 303 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax N~nber Nos. 3030404 and 3030403, be, and is hereby rezoned from HM, Heavy Manufactur- ing District, to C-2, General Commercial District, and that Sheet No. 303 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29326. 7 AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 664, 665, and 666, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council Roanoke to have the hereinafter described property rezoned Manufacturing District, to C-2, General Commercial District; and of the City of from LM, Light 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 October 10, 1988, 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, be amended in the following particular and no other: Property described as the following parcels of Towne Square (Map Book 1, page 689): Parcel 2, Tax Map No. 6640118; Parcel 3, Tax Map No. 6650109; Parcel 4, Tax Map No. 6660117; Parcel 5, Tax Map No. 6640117; Parcel IOA, Tax Map No. 6640119; portion of Parcel lOB, Tax Map No. 6640116; por- tion of Parcel 11, Tax Map No. 6660110; portion of Parcel 12, Tax Map No. 6650101; portion of Parcel 14, Tax Map No. 6660101; Retention Basin, Tax Map No. 6650103, be and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, and that Sheet Nos. 664, 665, and 666 of the Zone Map be changed in this respect. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29327. AN ORDINANCE permanently, vacating, discontinuing and closing a portion of certain public right-of-way in the City of Roanoke, Virginia, as is more par- ticularly described hereinafter. WHEREAS, City of Roanoke has filed an application to the Council of the City of Roanoke, Virginia, in accordance with the provisions of §15.1-482(b), Code of Virginia (1950), as amended, requesting the Council to permanently vacate, discontinue and close a portion of the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §15.1-482(b), Code of Virginia (1950), 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 October 10, 1988, at 7:30 p.m., after due and timely notice thereof as required by §15.1-482(b), Code of Virginia (1950), 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 pro perl y noti fi ed; 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 that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An area located within the existing right-of-way of Chip Drive, N. E., being located south and west of the existing northern and western right-of-way line at the terminus of Chip Drive, N. E., as shown in Map Book 1, page 711, of the records of the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and being more particularly described as follows: Beginning at an iron pin corner designated as Corner #15 on the plat for Roanoke Centre for Industry and Technology as recorded in the aforesaid Map Book. Thence with the curve right with a central angle of 19° 13' 51" and a radius of 377.4' 5.10' to a point on the right- of-way line of Chip Drive; thence, S. 42° 05' 14" W. 74.09' to a corner of the right-of-way of Chip Drive; thence S. 47° 54' 46" E. 170.35' to a corner of the right-of-way of Chip Drive; thence N. 42° 05' 14" E. 45.00' to a point on the right-of-line of Chip Drive; thence 47° 54' 46" W. 15.35' to the Point of Curvature of a 25.00' radius curve to the left; thence, with the curve with an arc of 23.83', a central angle of 54° 37' 24", and a chord of N. 75° 13' 28" W. 22.94' to the Point of Curvature of a 70.00' radius curve to the right; thence, with the curve with an arc of 176.69', a central angle of 144° 37' 24", and a chord of N. 30° 13' 28" W. 133.38' to the Point of Tangency, also the Point of Beginning of this description, and containing 0.177 acre more or less, as more particularly shown on the revised plat, a copy of which is attached to the City's application. 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, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities 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, structures or any other encroachments on or over the easement which impede access for maintenance or replacement pur- poses at the time such work is ~qdertaken; such easement or easements to ter- minate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or uti- lity 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 Vitramon, Inc., and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTE ST: ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29329. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential 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 on said application by the City Council at its meeting on October 10, 1988, 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. 243 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 10 Property described as a parcel at 2301 Staunton Avenue, N. W., designated on Sheet No. 243 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2430837 be, and is hereby rezoned from RS-3, Single Family Residential District, to RM-1, Residential Multi-family, Low Density District, s~- ject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on August 17, 1988, and that Sheet No. 243 of the Zone Map be changed in this respect. APPROVED ATTEST: pt~li.~..,~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29335. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Education $17,318,746.00 Transitional Services 1988-89 (1-4) ................. 8,891.00 RE VENUE Ed ucati on $17,318,746.00 Transitional Services 1988-89 (5) ................... 8,891.00 (1) Contracted Services (2) Travel (3) Instructional Materials (4) Climate Study Materials (5) Federal Grant Receipts (035-060-6569-6553-0313) (035-060-6569-6553-0551) (035-060-6569-6553-0614) (035-060-6569-6553-0615) (035-060-6569-1102) $1,891.00 2,500.00 1,500.00 3,000.00 8,891.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: ~ City C1 er k IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29336. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $13,052,977.00 Nursing Home Alterations/Additions (1) .............. 151,396.00 Capital Improvement Reserve 8,138,637.00 Public Improvement Bonds 1985 (2) ................... 934,737.00 (1) Appr. from Bonds (2) Public Impr. Bonds- Buildings (008-054-9608-9001) (008-052-9577-9183) $ 34,700.00 (34,700.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29337. AN ORDINANCE accepting the bid of Breathing Air Systems, made to the City for furnishing and delivering one new breathing air machine; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Breathing Air Systems, made to the City, offering to supply one new breathing air machine, meeting all of the City's specifications and requirements therefor, for the total bid price of $21,307.00, which bid is on file in the Office of the City Clerk, be and 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 and provisions of this ordinance. 3. Any and all other bids made to the City for the aforesaid machine are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTE ST: ~ City Clerk APPROVED Ma yo r 12 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1988. No. 29330. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 101 and 401, Sectional 1976 Zone Map, City of Roanoke, to designate certain property within the downtown area of the City as H-l, Hi storic Di strict. WHEREAS, the City Planning Commission has by motion proposed that the hereinafter described property be designated with the zoning overlay designation of H-l, Historic 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 October 10, 1988, 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 historic overlay designation; and WHEREAS, this Council, after considering the aforesaid 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 designated as H-l, Historic District, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 101 and 401 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as land located at 101 South Jeffer- son Street; 202-208 South Jefferson Street; 210 Campbell Avenue, S. W.; 126A-128 Campbell Avenue, S. W.; 102 Campbell Avenue, S. W.; more specifically described as Official Tax Nos. 1011123, 4010801, 4010802, 1011401, 1011508, and 1011519 be and is hereby designated H-l, Historic District, and that Sheet Nos. 101 and 401 of the Zone Map be changed in this respect. APPROVED City Clerk Mayor ! IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA, The 24th day of October, 1988. No. 29338. 12 AN ORDINANCE authorizing the City Manager to execute an Agreement for Acquisition and Maintenance of Vacant Lot with a certain purchaser of a vacant lot under the City's Vacant Lot Homesteading Program; authorizing the City Attorney and Director of Finance to execute a deed of trust securing the loan made as a part of the Vacant Lot Homesteading Program and to serve as trustees; authorizing the City Manager to execute a certificate of satisfaction; and pro- viding for an emergency. WHEREAS, Council finds that vacant lots which become overgrown with weeds, harbor rats and often become inviting areas for the dumping of trash are prejudicial to the public health, welfare and safety; WHEREAS, by Resolution No. 26619, adopted July 25, 1983, this Council approved a Vacant Lot Homesteading Program (hereinafter "the Program") by which Federal Community Development Block Grant (hereinafter "CDBG") funds will be loaned to responsible persons to permit their purchase and clearing of vacant lots with the understanding that such deferred payment loans will be forgiven if the purchaser fulfills the conditions of an Agreement for Acquisition and Maintenance of Vacant Lot between such purchaser and the City; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol 1 ows: 1. The City Manager is hereby authorized for and on behalf of the City to make a deferred payment, forgivable loan of CDBG funds in an amount not to exceed $2,000.00 to Marques Pio, (hereinafter "Purchaser") for the purchase of a vacant lot, known as the Eastern part of Lot 1, Block 24, Map of Rorer, located at approximately 1001 Chapman Avenue, S. W., Official Tax No. 1112617. 2. The City Manager is hereby authorized, for and on behalf of the City, to execute the Agreement for Acquisition and Maintenance of Vacant Lot, between the City and Purchaser for the purchase of such vacant lot, such Agreement to be approved as to form by the City Attorney. 3. To secure payment of the loan of CDBG funds made under the Program and performance by Purchaser of the Agreement for Acquisition and Maintenance of Vacant Lot, Purchaser shall execute a deed of trust and deed of trust note, which docunent shall be approved as to form by the City Attorney. 4. Wilburn C. Dibling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance, (hereinafter "Trustees") are hereby authorized to serve as Trustees for and on behalf of the City as beneficiary and to execute the deed of trust for and on behalf of the City with respect to such lot. 5. 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. 6. 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 by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTE ST: City Clerk Mayor 14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1988. No. 29339. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Consortiun and Grant Funds Appropriation, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Consortiun and Grant Funds Appropriation, and the same are hereby, amended and reordained, to read as follows, in part: CONSORTIUM FUND Appro pti ati on Fifth District Employment and Training Consortiun $5,292,210.00 Project Trade (1-8) .................................. 19,835.00 Employment Services (9-20) ........................... 72,326.00 Teen Parents (21-30) ................................. 32,893.00 Admin. Pool (31) ..................................... 223,824.00 Title IIA (32) ....................................... 1,133,395.00 FDETC Admin. - FY89 (33-42) .......................... 62,166.00 Title IIA Admin. (43-49) ............................. 1,109,427.00 Revenue Fifth District Em~oyment and Training Consortiun (50-59) ............................................. $5,292,210.00 GRANT FUND Appropriations Health and Welfare $ 254,547.00 Virginia Food Service Program (60-62) ................ 9,199.00 Revenue Health and Welfare $ 254,547.00 Virginia Food Service Program (63) ................... 9,199.00 (1) Fringes (034-054-8869-8011) $( 55.00) (2) Wages (034-054-8869-8050) (1,181.00) (3) Fringes (034-054-8869-8051) ( 346.00) (4) Travel (034-054-8869-8052) ( 472.00) (5) Communications (034-054-8869-8053) ( 80.00) (6) Supplies (034-054-8869-8055) (1,825.00) (7) Leases (034-054-8869-8058) ( 200.00) (8) Wages (034-054-8869-8010) ( 90.00) (9) Fringes (034-054-8870-8011) ( 268.00) (10) Wages (034-054-8870-8110) (8,514.00) (11) Fringes (034-054-8870-8111) (2,214.00) (12) Travel (034-054-8870-8112) ( 286.00) (13) Communications (034-054-8870-8113) ( 394.00) (14) Sup~ ies (034-054-8870-8115) ( 681.00) (15) Leases (034-054-8870-8118) (2,017.00) (16) Fringes (034-054-8870-8261) ( 57.00) (17) Travel (034-054-8870-8262) ( 271.00) (18) Miscellaneous (034-054-8870-8269) (15,946.00) (19) Wages (034-054-8870-8010) 452.00 (20) Wages (034-054-8870-8260) 152.00 (21) Wages (034-054-8875-8300) ( 528.00) (22) Fringes (034-054-8875-8301) ( 75.00) (23) Supplies (034-054-8875-8310) ( 445.00) (24) Travel (034-054-8875-8311) ( 30.00) (25) Fringes (034-054-8875-8321) ( 67.00) (26) Tuition (034-054-8875-8322) ( 583.00) (27) Transportation (034-054-8875-8323) ( 3,456.00) (28) Child Care (034-054-8875-8324) (4,996.00) 15 (29) Miscellaneous (30) Wages (31) Funding Authority (32) Funding Authority (33) Wages (34) Fringes (35) Travel (36) Communications (37) Supplies (38) Insurance (39) Contractual Serv. (40) Leases (41) Equipment (42) Miscellaneous (43) Wages (44) Fringes (45) Wages (46) Fringes (47) Salaries (48) Fringes (49) Insurance (50) Incentive Admin. Revenue (51) Incentive Program Revenue (52) FDETC Contributions Revenue (53) Coordination Grant Revenue (54) Project Trade Rev. (55) Employment Services Revenue (56) Teen Parents Rev. (57) Incentive Admin. Revenue (58) Incentive Program Revenue (59) FDETC Contributions Revenue (60) Food Costs (61) Labor (62) Administration (63) Sunmer Food Serv. Revenue (034-054-8875-8325) (034-054-8875-8320) (034-054-8860-9990) (034-054-8861-9990) (034-054-8960-8350) (034-054-8960-8351) (034-054-8960-8352) (034-054-8960-8353) (034-054-8960-8355) (034-054-8960-8356) (034-054-8960-8357) (034-054-8960-8358) (034-054-8960-8359) (034-054-8960-8360) (034-054-8961-8050) (034-054-8961-8051) (034-054-8961-8030) (034-054-8961-8031) (034-054-8961-8350) (034-054-8961-8351) (034-054-8961-8356) (034-034-1234-8871) (034-034-1234-8872) (034-034-1234-8876) (034-034-1234-8863) (034-034-1234-8869) (034-034-1234-8870) (034-034-1234-8875) (034-034-1234-8971) (034-034-1234-8972) (034-034-1234-8976) (034-054-5114-6010) (034-054-5114-6011) (034-054-5114-6012) (034-035-1234-7055) BE IT FURTHER ORDAINED that, an emergency shall be in effect from its passage. APPROVED ATTEST: City Clerk $(3,955.00) 121.00 (84,454.00) (100,416.00) 16,216.00 1,977.00 3,850.00 4,232.00 3,000.00 300.00 11,500.00 12,241.00 2,500.00 6,350.00 60,894.00 6,608.00 321.00 24.00 41,227.00 6,000.00 3,062.00 (17,720.00) (100,416.00) (62,257.00) (4,568.00) (4,069.00) (30,044.00) (13,969.00) 17,720.00 100,416.00 62,257.00 136.00 ( 916.00) ( 800.00) (1,58o.oo) existing, this Ordinance 16 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1988. No. 29340. AN ORDINANCE approving the City Manager's issuance of Change Order No. I to the City's contract with Structures & Utilities Co., Inc., for replacement of comminuters with mechanical bar screens at the Sewage Treatment Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager 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 Structures & Utilities Co., Inc., dated March 7, 1988, relating to replacement of comminuters with mechanical bar screens at the Sewage Treatment Plant. 2. Such Change Order shall provide for an extension in the time during which such work is to be performed from 160 consecutive calendar days to 190 consecutive calendar days. Such time extension shall involve no additional cost to the City, and the original contract amount shall remain the same. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTE ST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1988. No. 29341. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Non-De pa rtmental $11,371,230.00 Transfers to Other Funds (1) ........................ 9,474,468.00 Fund Balance Capital Maintenance & Equi.~.e.~t. Replacement P..ro.g..ra.m. - City Unappropriated (2) ..................... $ 4,870,406.00 17 CAPITAL FUND Appropriations Other Infrastructure $ 1,483,046.00 Surveying for Roanoke River Flood Reduction Project (3) ..................................................... 150,000.00 (1) Transfer to Capital Projects (2) CMERP - City (3) Appr. from General Fund (001-004-9310-9508) (001-3323) (008-056-9618-9003) $ 150,000.00 (150,000.00) 150,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1988. No. 29342. AN ORDINANCE authorizing the execution of a contract with T. P. Parker & Son, Engineers & Surveyors, Ltd., to provide surveying and related work in connection with the Roanoke River Flood Reduction Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with T. P. Parker & Son, Engineers & Surveyors, Ltd., for the provision by such firm of surveying and related work in connection with the Roanoke River Flood Reduction Project, as more particularly set forth in the October 24, 1988 report of the City Manager to this Council. 2. The contract authorized by this ordinance shall be in the amount o f $144,020.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City C1 erk Ma yo r 18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1988. No. 29343. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Nondepartmental Contingency - General Fund (1) ...................... General Government Billings and Collections (2-3) ...................... $11,208,524.00 579,924.00 7,780,839.00 710,265.00 (1) Equip. Replacement Cont. (2) Fees for Prof. Services (3) Furn. & Equipment ( 001-002-9410-2202 ) (001-004-1232-2010) (001-004-1232-9005) $(12,706.00) 6,406.00 6,300.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1988. No. 29344. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Nondepartmental $11,206,330.00 Contingency - General Fund (1) ...................... 577,730.00 General Government 7,783,033.00 Billings and Collections (2-3) ...................... 712,459.00 (1) Equip. Replacement Cont. (2) Fees for Prof. Services (3) Furn. & Equipment (001-002-9410-2202) (001-004-1232-2010) (001-004-1232-9005) $(14,900.00) 2,100.00 12,800.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ~ City Clerk APPROVED 19 Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1988. No. 29345. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Sewage and Capital Funds Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: SEWAGE FUND Appropriations Capital Outlay from Revenue $ Williamson Road East Sanitary Sewer (1) ............ Williamson Road Storm Drain/Sanitary Sewer, Phase 2, Contract II-C (2) .............................. 5,260,109.00 380,995.00 597,944.00 Retained Earnings Retained Earnings - Unrestricted (3) ............... $ 12,604,575.00 CAPITAL FUND Appropriations Sanitation $ 11,337,272.00 Williamson Road Storm Drain Ph. I, Cont. II (4) .... 144,425,439.00 Williamson Road Storm Drain (5-6) .................. 12,453.00 Williamson Road Storm Drain/Sanitary Sewer, Phase 2, Contract II-C (7-8) ............................ 949,732.00 Capital Improvement Reserve $ Capital Improvement Reserve (9) .................... Public Improvement Bonds - Series 1985 (10) ........ 7,567,387.00 672,413.00 543,349.00 (1) Appr. from General Revenue (2) Appr. from General Revenue (3) Retained Earnings - Unres. (4) Appr. from Bonds (5) Appr. from General Revenue (6) Appr. from Bonds (7) Appr. from General Revenue / 98/ Appr. from Bonds Wmsn. Road Storm Drain (10) Storm Drains (003-056-8423-9003) (003-056-8443-9003) (003-3336) (008-052-9554-9001) (008-052-9552-9003) (008-052-9552-9001) (008-052-9559-9003) (008-052-9559-9001) (008-052-9575-9179) (008-052-9577-9176) $(44,329.00) 597,944.00 (553,615.00) (154,103.00) (12,757.00) (176,922.00) 192,619.00 757,113.00 (179,862.00) (426,088.00) 20 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1988. No. 29346. AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for construction of Williamson Road Storm Drain, Phase 2, Contract II-C and Williamson Road West Sanitary Sewer (Upper Segment), 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 Council of the City of Roanoke as follows: 1. The bid of Aaron J. Conner, General Contractor, Inc., made to the City in the total amount of $1,406,977.35 for construction of Williamson Road Storm Drain, Phase 2, Contract II-C and Williamson Road West Sanitary Sewer (Upper Segment), such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract docunents offered said bidder, and as set forth in the Committee's report to this Council dated October 24, 1988, 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. City Clerk APPROVED 2'1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29347. A Resolution in which the City Council of the City of Roanoke indicates its concurrence to the participation by Community Hospital of Roanoke Valley in a bond financing issued through the Industrial Development Authority of the City of Lynchburg, Virginia, on May 23, 1985. WHEREAS, the Industrial Development Authority of the City of Lynchburg, Virginia (the "Lynchburg Authority"), on May 23, 1985, adopted an inducement resolution (the "Resolution"), a copy of which has been submitted to Council, for the benefit of VHA Mid-Atlantic States, Inc., a nonprofit association ("VHA") wherein the Lynchburg Authority has agreed to assist VHA in financing the acquisition of certain real and personal property, including the purchase of certain equipment and the acquisition and construction of certain improve- ments for lease or sale to various nonprofit hospitals throughout Virginia and for the financing of indebtedness previously incurred by nonprofit hospitals to acquire such real or personal property (collectively, the "Facilities"), through the issuance of its medical facilities revenue bonds; and WHEREAS, the Industrial Development and Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended, states that an industrial development authority may not finance facilities in another jurisdiction that has an industrial developnent authority "unless the governing body of such county, city or town in which the facilities are located or are proposed to be located, concurs with the inducement resolution adopted by the authority, and shows such concurrence in a duly adopted resolution"; and WHEREAS, the Authority has issued its $61,000,000.00 Variable Rate Hospital Revenue Bonds (VHA Mid-Atlantic States, Inc., Capital Asset Financing Program), 1985 Series A through Series G (the Bonds); and WHEREAS, the City Council of Roanoke, Virginia, has been asked by the Industrial Development Authority of the City of Roanoke and by Community Hospital of Roanoke Valley to express its concurrence with proceeds of the Bonds being taken down by Community Hospital of Roanoke Valley to finance taken down by Community Hospital of Roanoke Valley to finance facilities located in the City of Roanoke, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, THAT (a) The City Council concurs with the Resolution adopted by the Lynchburg Authority for the benefit of VHA to the extent required by the Industrial Development and Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950 to allow the Authority to finance with the proceeds of the Bonds a portion of the Facilities described in the Resolution for the benefit of Community Hospital of Roanoke Valley that is to be located in the City of Roanoke, Virginia. (b) This Resolution shall take effect immediately. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29348. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Grant Funds Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Ed ucati on $57,445,683.00 Other Uses of Funds (1) ............................. 504,499.00 Instruction {2} ..................................... 42,343,188.00 GRANT FUND Appropriations Education Family Life Education 88-89 (3-9) ................... 1989 Western Virginia Regional Science Fair (10-11) $17,607,710.00 51,600.00 6,250.00 Revenue Education $17,607,710.00 Family Life Education 88-89 (12) .................... 51,600.00 1989 Western Virginia Regional Science Fair (13-14) 6,250.00 (1) Transfers to Grant Fund (2) Matching Funds (3) Indirect Costs (4) Consultants (5) Printing (6) Sti pends (7) Travel (8) Inservice (9) Educational Materials (10) Travel Expenses (11) Instructional Materials (12) State Grant Receipts (13) Local Match (14) Contributions (001-060-6005-6999-0911) (001-060-6001-6311-0588) (001-060-6944-6306-0201) (035-060-6944-6306-0313) (035-060-6944-6306-0351) (035-060-6944-6306-0381) (035-060-6944-6306-0554) (035-060-6944-6306-0587) (035-060-6944-6306-0614) (035-060-6945-6311-0554) (035-060-6945-6311-0614) (035-060-6944-1100) (035-060-6936-1101) (035-060-6936-1103) $ 1,600.00 (1,600.00) 1,000.00 2,500.00 3,500.00 12,000.00 7,600.00 10,000.00 15,000.00 3,700.00 2,550.00 51,600.00 1,600.00 4,650.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City C1 er k APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29349. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Nondepartmental Contingency- General Fund (1) ...................... Residual Fringe Benefits (2) ........................ $11,199,575.00 539,365.00 1,093,950.00 (1) Contingency (001-002-9410-2199) $(26,950.00) (2) Hosp. Insurance (001-004-9110-1125) 26,950.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29350. AN ORDINANCE 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; and providing for an emergency. BE IT ORDAINED 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, 1989, and ending December 31, 1989, and any other necessary and appropriate docunents 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 7, 1988, and the attach- ments thereto. Said contract shall be delivered, if possible, to the City not later than December 15, 1988, 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 docunents shall be in form approved by the City Attorney. 24 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29351. AN ORDINANCE 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; and providing for an emergency. BE IT ORDAINED 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, 1989, and ending December 31, 1990, and any other necessary and appropriate docunents setting forth the obligations of each party thereto, and setting forth such items as shall be consistent with the terms negotiated by and between the City and Delta Dental Plan of Virginia and described in a report to Council by the City Manager dated November 7, 1988, and the attachments thereto. Said contract shall be delivered, if possible, to the City not later than December 15, 1988, fully exe- cuted by Delta Dental Plan of Virginia and ready for execution by the City. Such contract and any other necessary and appropriate docunents shall be in form 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. APPROVED ATTEST: /~ City C1 er k Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29352. AN ORDINANCE authorizing the appropriate City officials to execute on behalf of the City a close-out agreement with the Gainsboro Project Area Committee and the Gainsboro Neighborhood Development Corporation as subgrantees of the City under the Community Development Block Grant, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate close-out agreement with the Gainsboro Project Area Committee and the Gainsboro Neighborhood Development Corporation, as subgrantees under the Community Development Block Grant, as well as any other necessary written docunentation, providing for property disposition and management of cer- tain properties, as more particularly set forth in the report to this Council dated November 7, 1988. 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. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29353. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Internal Service Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Utility Line Services Other Charges (1) .................................... Capital Outlay (2-3) ................................. RETAINED EARNINGS $2,495,709.00 267,885.00 228,610.00 (1) Expendable Equipment (2) Other Equipment (3) Land Purchase (4) Retained Earnings - Unrestricted (006-056-2625-2035) (006-056-2625-9015) (006-056-2625-9050) (006-3336) $ 3,500.00 14,700.00 1,000.00 (19,200.00) Retained Earnings - Unrestricted (4) ................. $1,619,427.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29354. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Consortiun Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Consortiun Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS 'Fifth District Employment & Training Consortiun - FY89 $1,145,000.00 Adult Literacy Grant (1) ................................. 50,109.00 RE VENUE Fifth District Employment & Training Consortiun - FY89 $1,145,000.00 Adult Literacy Grant Revenue (2) ......................... 50,109.00 (1) Funding Authority (2) Adult Literacy Grant Revenue (034-054-8971-9990) (034-034-1234-8975) $50,109.00 50,109.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29355. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Nondepartmental $11,199,575.00 Residual Fringe Benefits (1) ........................ 1,145,730.00 FUND BALANCE Designated for Insurance Claims (2) ................. $ 771,770.00 (1) Workers Compensation Wages (2) Designated for Ins. Claims (001-004-9110-1135) (001-3325) $ 78,730.00 $(78,730.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: City C1 erk A.PPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29356. AN ORDINANCE authorizing the appropriate City officials to execute an agreement providing for the settlement of a Workers' Compensation and disability retirement claim and authorizing the purchase of annuities to provide a portion of the funding of such agreement, s~ject to the approval of the Virginia Industrial Commission; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and City Clerk are authorized to execute and attest, respectively, an agreement with Robert A. Hodges (hereinafter Claimant) to provide for a full and final settlement of all claims against the City for Workers' Compensation benefits, disability retire- ment benefits and any other benefits of whatever kind or nature. Such agreement shall provide for the payment of $10,000.00 to the Claimant, for the purchase of annuities to provide a total of $1,500.00 per month to the Claimant for life, and for payment or reimbursement of costs associated with major surgery caused by his disabling condition. Such agreement shall contain other terms and con- ditions deemed appropriate by the City Manager, and such agreement to be approved by the City Attorney. 2. The City accepts the proposal of McDonough Caperton Insurance Group/Davis & Stephenson and the City's Manager of General Services is authorized to issue the requisite purchase order to procure from such firm one annuity for the sun of $117,968.00, such annuity to provide payments of $1,200.00 per month for life to Claimant, and a second annuity for the sun of $29,492.00, such annuity to provide payments of $300.00 per month for life to Claimant. Such annuities shall comply with the request for proposals issued by the City, and such annuities shall fund a portion of the settlement agreement authorized herein. 3. The settlement agreement and annuity purchases authorized herein are expressly contingent on approval by the Virginia Industrial Commission of a Joint Petition for Compromise Settlement of any and all claims of Claimant against the City under the Workers' Compensation Act, disability retirement plan of the City and otherwise. 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 C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29357. AN ORDINANCE amending and reordaining §22.1-52, Lunp suns, and §22.1-71, Lunp suns, of the Code of the City of Roanoke (1979), as amended, to provide that lunp sun payments may be made to disability retirees under certain circunstances; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 22.1-52, Lunp suns and §22.1-71, Lunp suns, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: §22.1-52. Lunp suns. (a) Monthly benefits of fifty dollars ($50.00) or less shall be paid in the form of l unp suns. Except as provided in sd~section (c), monthly benefits of more than fifty dollars ($50.00) shall not be paid in the form of a lunp sun. Nothwithstanding the above, monthly benefits of fifty dollars ($50.00) or less whose l unp sun value is above thirty-five hundred dollars ($3,500.00) shall require member consent before a lunp sun is paid. Any beneficiary shall be required to receive a l unp sun distribution of thirty-five hundred dollars ($3,500.00) or less. (b) All lunp suns shall be based on the pension benefit guaranty corporation (PBGC) annuity rates effective on the first day of the calendar year in which payment is made. If the PBGC uses sex distinct factors, the PBGC male rates set back one year will be used for males and females. (c) With the written concurrence of the employee, monthly benefits payable to an employee who is retired on a disability retirement allowance may be paid in the form of a lunp sun, by purchase of one or more annuities or a com- bination of lunp sun and annuity payments. 29 (}22.1-71. Lunp suns. (a) Monthly benefits of fifty dollars ($50.00) or less shall be paid in the form of l unp suns. Except as provided in subsection (c), monthly benefits of more than fifty dollars ($50.00) shall not be paid in the form of a lunp sun. Notwithstanding the above, monthly benefits of fifty dollars ($50.00) or less whose l unp sun value is above thirty-five hundred dollars ($3,500.00) shall require member consent before a l unp sun is paid. All beneficiaries as of June 30, 1984 receiving monthly benefits of fifty dollars ($50.00) or less shall have an option of receiving a l un sun distribu- tion. Any beneficiary of an allowance beginning on or after July 1, 1984 shall be required to receive a lunp sun distri- bution of thirty-five hundred dollars ($3,500.00) or less. (b) All lunp suns shall be based on the pension benefit guaranty corporation (PBGC) annuity rates effective on the first day of the calendar year in which payment is made. If the PBGC uses sex distinct factors, the PBGC male rates set back one year will be used for males and females. (c) With the written concurrence of the employee, monthly benefits payable to an employee who is retired on a disability retirement allowance may be paid in the form of a lunp sun, by purchase of one or more annuities or a com- bination of l unp sun and annuity payments. 2. In order to provide for the usual daily operation of the munici- pal government, an emergency is deemed to exist, and this ordi nance shall be in full force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29358. A RESOLUTION authorizing a donation of funds to Downtown Roanoke, Inc. to fund a portion of a study of the Downtown North area of the City. WHEREAS, Downtown North, an area bounded generally by Wells Avenue on the northerly side, by Interstate 581 on the easterly side, by Campbell Avenue on the southerly side and by First Street, N. W. and Second Street, S. W. on the westerly side, is an area which is a vital part of the downtown section of the City; WHEREAS, a nunber of important public and private facilities or struc- tures, including a Trade and Convention Center, will or may be located in Downtown North area; WHEREAS, it is important for the future growth of the City that this area be studied to determine the best location of facilities and best use of the area; WHEREAS, Downtown Roanoke, Inc., a non-profit organization, has agreed to conduct a study of the Downtown North area; 20 NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City donates the sun of $40,000.00 to Downtown Roanoke, Inc. to be used for part of the funding of the study to be conducted of Downtown North. ATTEST City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29359. AN ORDINANCE accepting a bid for furnishing deicing salt to the City; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of International Salt Company to furnish 1,000 tons, more or less, of deicing salt to the City at a unit price of $41.27 per ton, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned deicing salt in such amounts as may be needed by the City, said purchase orders to be made and filled in accordance with the City's specifications, the bidder's pro- posal made therefor and in accordance with this ordinance. 3. Any and all other bids made to the City for the supply of deicing salt 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 its bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTE ST: City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29360. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, and the same are hereby, amended and reohdained, to read as follows, in part: APPROPRIATIONS Health and Welfare Youth Services Grant 87-I-8 (1-9) ...................... $301,821.00 46,140.00 31 RE VENUE Health and Welfare $301,821.00 Youth Service Grant 87-I-8 (10-11) ..................... 46,140.00 (1) Reg. Employee Wages (2) ICMA (3) FICA (4) Hosp. Insurance (5) Life Insurance (6) Termination Leave Wages (7) Management Services (8) Telephone (9) Admin. Supplies (10) State Grant Revenue (11) Local Match (035-052-8824-1002) (035-052-8824-1115) (035-052-8824-1120) (035-052-8824-1125) (035-052-8824-1130) (035-052-8824-1150) (035-052-8824-7015) (035-052-8824-2020) (035-052-8824-2030) (R035-035-1234-7007) (R035-035-1234-7008) $(445.00) 35.00 23.00 (44.00) 14.00 252.00 101.00 (225.00) (87.00) (116.00) (260.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City C1 er k Ma yo ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29361. A RESOLUTION expressing support for designation of the Roanoke Logperch as an endangered species and requesting the federal government to share in any additional costs for community projects addressing needs along and crossing the Roanoke River and Tinker Creek that may result from such designation. WHEREAS, the U. S. Fish and Wildlife Service has proposed to list the Roanoke Logperch (Percina rex) as an endangered species; and WHEREAS, comments on the proposed listing by interested parties have been requested by the U. S. Fish and Wildlife Service; and WHEREAS, this Council understands that the decision whether to designate the Roanoke Logperch as an endangered species will be made on the basis of environmental and biological factors; and WHEREAS, this Council is vitally concerned with protection of the environment and is also aware of the potential for additional costs for com- munity projects addressing needs along and crossing the Roanoke River and Tinker Creek as a result~ of such designation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council supports the U. S. Fish and Wildlife Service proposal to classify the Roanoke Logperch (Percina rex) as an endangered species and hereby respect- fully requests that the United States government through the U. S. Fish and Wildlife Service or other suitable agency be responsible for and pay its fair share of any additional costs for future community projects that may result from such an endangered species designation. BE IT FURTHER RESOLVED that the Clerk of this Council is directed to forward a copy of this resolution to the U. S. Fish and Wildlife Service, Senators John Warner and Paul S. Trible, Jr., and Representative Jim Olin. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 1988. No. 29362. A RESOLUTION authorizing the Roanoke Valley Regional Solid Waste Management Board to assign a contract to the County of Roanoke, ratifying cer- tain actions taken to date, and authorizing the expenditure of funds. WHEREAS, the City of Roanoke, the Town of Vinton, and the County of Roanoke entered into an agreement dated July 29, 1975, providing for the opera- tion of a regional sanitary landfill and establishing the Roanoke Valley Regional Solid Waste Management Board (the "Board"); and WHEREAS, said Board has entered into a certain contract with Olver Inc. to assist in the siting of a new regional solid waste disposal facility; and WHEREAS, said Board has raised certain questions concerning its authority to undertake certain activities relating to the siting of such new facility; and WHEREAS, the participating local governmental jurisdictions which are the parties to this agreement desire to address certain issues regarding the siting of a new regional solid waste disposal facility. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol 1 ows: 1. That the Roanoke Valley Regional Solid Waste Management Board is hereby authorized to assign that certain contract between it and Olver Inc. for professional engineering activities concerning the siting of a new regional solid waste disposal facility or facilities in Roanoke County to the County of Roanoke at the request of Roanoke County, except for those portions of the contract related to the waste to energy study and the recycling study. 2. That the expenditures by said Board for this contract and for those actions undertaken by it in connection with the siting of said facility to date are hereby authorized, ratified, confirmed and approved. The Board is further authorized and empowered to take such actions as may be required in administration of the waste to energy and recycling elements of the Olver Inc. contract and to make future expenditures with regard to these contract elements. 3. That the Board is authorized to reimburse Roanoke County for its payment to Olver Inc. of fees, expenses, and charges arising under the assigned contract. Roanoke County is authorized to receive as a credit toward its obli- gation to pay the Board the charge based on the per ton rate for refuse garbage or other material delivered by its vehicles to the regional landfill pursuant to Section 10 of the Agreement, for any financial obligation it incurs ~qder the assigned Olver Inc. contract. 4. That the City Manager and City Clerk are authorized to execute and attest, respectively, such docunents, in form approved by the City Attorney, and take such actions as may be necessary to accomplish the purposes of this resolu- tion and the City Clerk is directed to mail a copy of this resolution to the appropriate officials of the County of Roanoke and the Town of Vinton. 5. That this resolution shall take effect only upon the adoption of a resolution of the same substance and effect by each of the parties to the Roanoke Valley Regional Landfill Agreement dated July 29, 1975. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1988. No. 29363. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Developnent Block Grant 1987-88 $3,456,585.00 Housing (1) .......................................... 604,908.00 Neighborhood CDBG Projects (2-3) ..................... 143,711.00 Un prog rammed CDBG (4-9) .............................. 54,171.00 Community Developnent Block Grant 1988-89 ................. 2,166,583.00 Housing (10) ......................................... 33,919.00 Un programmed CDBG (11) ............................... 500.00 (1) Emergency Home Repair (035-087-8720-5168) (2) Historic Bldg. Loan Prog. (035-087-8737-5169) (3) Preservation Tech. Assist. (035-087-8737-5170) (4) Unprogrammed CDBG - Deanwood (5) Unprogrammed CDBG - Rehab Loan Repayments (6) Un programmed CDBG - Parking Lot Income (7) Unprogrammed CDBG - Other Loan Repayments (8) Un programmed CDBG - NNEO Loan Re payment (9) Un programmed CDBG - F & W Interest (10) Preservation Tech Assist. (11) Un programmed CDBG -Other (035-087-8740-5179) (035-087-8740-5180) (035-087-8740-5183) (035-087-8740-5186) (035-087-8740-5187) (035-087-8740-5188) (035-088-8837-5170) (035-088-8840-5189) $ 30,000.00 100,000.00 6,081.00 (68,829.00) (38,108.00) (12,955.00) ( 563.00) (2,876.00) (12,750.00) 13,919.00 (13,919.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE S T: ~ City Clerk APPROVED Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1988. No. 29364. AN ORDINANCE authorizing the filing of an amendment with the United States Department of Housing and Urban Development (HUD) of the 1988-89 Community Developnent Block Grant (CDBG) Statement of Objectives; authorizing the execution and filing of certain documents relating thereto; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City's 1988-89 CDBG Statement of Objectives is hereby amended in order to transfer funding in the amount of $150,000 from certain existing program income accounts to provide for certain new projects, as more par- ticularly detailed in the City's Manager's report to Council dated November 14, 1988. 2. The City Manager or Assistant City Manager is hereby authorized to execute and file with the United States Department of Housing and Urban Developnent (HUD) docunents reflecting the amendment authorized hereby, and to furnish HUD with any additional information or assurances required in relation thereto. 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: p~ City C1 erk Mayor . _ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1988. No. 29369. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPR IAT IONS Community Devel opnent $15,414.00 Emergency Home Repair Grant (1) ......................... 10,414.00 RE VENUE Comm un i ty Dev el o pnen t $15,414. O0 Emergency Home Repair Grant (2) ......................... 10,414.00 (1) Emergency Home Repair (2) State Grant Revenue (035-052-5112-5168) (035-035-1234-7035) $10,414.00 10,414.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1988. No. 29370. AN ORDINANCE authorizing the execution of a grant agreement with the Virginia Department of Housing and Community Development for the Emergency Home Repair Program; authorizing the execution of an agreement relating to said Program with Total Action Against Poverty in the Roanoke Valley, Inc.; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to exe- cute and to seal and attest, respectively, a grant agreement accepting a grant in the amount of $10,414 from the Virginia Department of Housing and Community Development for an Emergency Home Repair Program, and the City Manager is autho- rized to provide any additional information or make any reason able assurances related thereto, as requested in the report of the City Manager dated November 14, 1988. 2. The City Manager and the City Clerk are hereby authorized to exe- cute and to seal and attest, respectively, a agreement with Total Action Against Poverty in the Roanoke Valley, Inc., providing for the cooperative administra- tion of the Emergency Home Repair Program, as requested in the report of the City Manager dated November 14, 1988. 0 Attorney. The form of the aforesaid agreements shall be approved by the City 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 ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1988. No. 29371. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 '1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety $23,630,801.00 Juvenile Detention Home (1) ......................... 585,230.00 Juvenile Probation House (2) ........................ 295,608.00 Crisis Intervention (3) ............................. 362,631.00 REVENUE Grants-in-Aid Commonwealth $49,667,504.00 Other Categorical Aid (4-6) ......................... 12,183,841.00 (1) USDA - Expenditures (001-054-3320-3000) (2) USDA - Expenditures (001-054-3350-3000) (3) USDA - Expenditures (001-054-3360-3000) (4) USDA - Juvenile Detention (001-020-1234-0660) (5) USDA - Crisis Interven. (001-020-1234-0661) (6) USDA - Youth Haven (001-020-1234-0662) $5,226.00 1,813.00 1,718.00 5,226.00 1,718.00 1,813.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City C1 er k Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of November, 1988. No. 29373. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Nondepartmental Contingency - General Fund (1) ...................... Health & Welfare Total Action Against Poverty (2) .................... $11,297,769.00 514,509.00 11,266,601.00 146,745.00 37 (1) Contingency (001-002-9410-2199) $(17,847.00) (2) Subsidies (001-054-5230-3700) 17,847.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: p~ City C1 erk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29365. 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, B. Anne Parker and Marianne Rose, 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 November 14, 1988, at 7:30 p.m., 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 noti fled; 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 Virginia, that that public right-of-way situate Virginia, and more particularly described as follows: of the City of Roanoke, in the City of Roanoke, An approximately two foot by one hundred thirty-five foot strip of Walnut Avenue, S. W., as it borders two parcels bearing Official Tax Nos. 1131101 and 1131102, as more par- ticularly shown on the plat of survey attached to the appli- cation to vacate this right-of-way filed with the City Clerk. 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, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities 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, structures or any other encroachments on or over the easement which impede access for maintenance or replacement pur- poses at the time such work is undertaken; such easement or easements to ter- minate upon the later abandonment of use or permanent removal from the above- described public right-of-way of any such municipal installation or utility 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 names of B. Anne Parker and Marianne Rose, and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not take effect unless and until the applicants shall have recorded a plat of subdivision, approved by the City, showing the area vacated hereby, and dedicating to the City an approximately 500 square foot portion of Official Tax No. 1131101 needed to dedicate to the public the existing alley right-of-way crossing this parcel, as more particularly shown on the survey attached to the application to vacate the aforedescribed right-of-way filed with the City Clerk. APPROVED ATTE ST: City Clerk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29366. 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, Robert Lawrence Payne 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 November 14, 1988, 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 pro perl y noti lied; 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 Virginia, that that public right-of-way situate Virginia, and more particularly described as follows: of the City of Roanoke, in the City of Roanoke, The remaining sections of three undeveloped alleys adja- cent to Wise Avenue and Campbell Avenue, S. E., in Block 2 as shown on City Appraisal Map No. 411, more particularly described as follows: Alley No. I being 10 feet width and approximately 150 feet in length, extending in a southerly direction from Wise Avenue, S.E., between Official Tax Parcels 4110405, and 4110406, 4110407, 4110408 and 4110409. Alley No. 2 being 10 feet in width and 40 feet in length, extending in a northerly direction from Campbell Avenue, S.E., between Official Tax Parcels 4110410 and 4110405. Alley No. 3 being 10 feet in width and approximately 15 feet in length, extending in a northerly direction from Campbell Avenue, S.E., between Official Tax Parcels 4110404 and 4110405. 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, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities 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 pur- poses at the time such work is undertaken; such easement or easements to ter- minate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or uti- lity by the owner thereof. BE 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 Robert Lawrence Payne, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City C1 erk APPROVED 40 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29367. 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, City of Roanoke Redevelopnent and Housing Authority 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 November 14, 1988, 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 pro perl y noti fi ed; 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 that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The irregularly shaped alley running between Lots 10 and 11 of Block 9, Official Survey Sheet Northwest I (Official Tax Nos. 2013011 and 2013012). 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 and all sewer lines, water mains and easements therefor that may now be located in or across said public right-of-way be, and they are hereby abandoned, reserving however, to the City of Roanoke an easement for any other public utilities 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 utili- ties, such right to include the right to remove, without the payment of compen- sation 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 of 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 uti- lity 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. APPROVED ATTEST: City C1 er k Ma yo r 41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29368. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. 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 CN, Neighborhood Commercial 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 November 14, 1988, 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. 332 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a parcel located at 508 Gus Nicks Boulevard, containing 0.17 acres, more or less, designated on Sheet No. 332 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number No. 3321010 be, and is hereby rezoned from RM-1, Residential Multi family, Low Density District, to CN, Neighborhood Commercial District, and that Sheet No. 332 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED Ma yo ~ 42 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29372. AN ORDINANCE authorizing the execution of certain docunents relating to the purchase and exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and to seal and attest, respectively, Sale and Exchange Agreement with James L. and Muriel King Trinkle, husband and wife, providing that the City will purchase property owned by the Trinkles at 120 and 122 Campbell Avenue, and further pro- viding that the City will exchange real estate owned by it at 124 Kirk Avenue for real estate owned by the Trinkles at 118 and 124 Campbell Avenue, upon the condition that the Trinkles lease back to the City for up to two years the par- cel at 124 Kirk Avenue, upon certain terms and conditions, such agreement to be substantially in the form attached to the report of the City Attorney dated November 7, 1988, and to be approved as to form by the City Attorney. 2. Upon fulfillment of the relevant terms and conditions of the aforesaid Sale and Exchange Agreement, the Mayor and City Clerk are authorized to take appropriate action to acquire 120 and 122 Campbell Avenue and execute a Deed of Exchange exchanging the City's real estate located at 124 Kirk Avenue for the Trinkles' real estate at 118 and 124 Campbell Avenue, the appropriate docunents to be approved as to form by the City Attorney. 3. Upon the fulfillment of the relevant terms and conditions of the aforesaid Sale and Exchange Agreement, the City Manager and the City Clerk are authorized to execute and to seal and attest, respectively, a Lease from Mr. Trinkle of the building located at 124 Kirk Avenue for a period of up to two years for the consideration of $2,072.22 per month, and other consideration, such Lease to be substantially in the form attached to the report of the City Attorney dated November 7, 1988, and to be approved as to form by the City APPROVED ATTEST: City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29374. A RESOLUTION authorizing a revocable permit to Colonial American National Bank for the attachment or installation of certain holiday decorations to certain City-owned trees in Colonial Plaza; upon certain terms and con- ditions. WHEREAS, Colonial American National Bank (hereinafter "Permittee") has requested that City Council authorize Permittee to attach or install certain holiday decorations on certain City owned trees in Colonial Plaza; 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 fol 1 ows: 1. Permission is hereby granted to Permittee to attach, install and maintain certain holiday decorations in or on City trees in Colonial Plaza adja- cent to Permittee's property, pursuant to the following terms and conditions: 43 (a) Such permit shall be revocable and shall be effective, upon Permittee's compliance with Paragraph 2 hereof, from November 24, 1988, through January 15, 1989; (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 Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing general pU31ic liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, 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 grant 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 decora- tions; 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. APPROVED ATTE ST: City C1 erk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29375. 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; 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 fol 1 ows: 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 24, 1988, through January 15, 1989; 44 (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- petty, growing out of or directly or indirectly resulting from the permission herein granted; (c) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, 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 grant 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 decora- tions; 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. APPROVED ATTEST: p~ City C1 er k Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 1988. No. 29377. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nonde par tmental $11,384,445.00 Transfers to Other Funds (1) ........................ 9,543,297.00 Fund Balance Capital Maintenance & Equipment Replacement Program - City Unappropriated (2) ................................. $ 3,330,406.00 CAPITAL FUND Appropriations Capital Improvement Reserve $ 7,601,516.00 Capital Improvement Reserve - Economic Development (3) .................................... 741,243.00 45 (1) Transfer to Capital Fund (2) CMERP - City (3) Economic Development ( 001-004-9310-9508 ) (001-3332) (008-052-9575-9178) $ 68,829.00 (68,829.00) 68,829.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29376. AN ORDINANCE authorizing execution of a deed releasing the City's reversionary interest in certain property previously deeded by the City 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 City Clerk are authorized to execute and attest respectively, in form approved by the City Attorney, an appropriate quitclaim deed or other appropriate docu- mentation releasing the City's reversionary interest in an approximate 7.9-acre parcel, transferred to the Roanoke Regional Airport Commission by deed dated July 1, 1987, in exchange for an appropriate reversion clause in favor of the City being placed upon a certain 8-acre parcel obtained by the Commission from the County of Roanoke and known as a portion of the "Ida Mae Holland" tract, as more particularly set forth in the report to this Council dated November 21, 1988. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29378. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General and Capital Funds Appropriations. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nondepartmental $11,421,616.00 Transfers to Other Funds (1) ........................ 9,556,468.00 Contingency - General Fund (2) ...................... 556,356.00 46 Revenue Due from State - City Jail Pods (3) ...................... $ 106,000.00 Other Categorical Aid - City Jail Pod (4) ................ 12,281,084.00 CAPITAL FUND Appropriations General Government $13,234,977.00 Campbell Ave. Historic Property (5) ................. 182,000.00 (1) Transfer to Capital Projects (2) Contingency (3) Due from State - City Jail Pod (4) Rev. City Jail Pods (5) Appr. from General Revenue (001-004-9310-9508) (001-002-9410-2199) (001-1234) (001-020-1234-0665) (008-002-9620-9003) $ 82,000.00 24,000.00 106,000.00 (106,000.00) 82,000.00 APPROVED ATTEST: City C1 erk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29379. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Ed ucati on $17,595,701. O0 Chapter II Instructional Strategies (1-7) ........... 17,800.00 SAT Preparation 1988-89 (8-9) ....................... 2,150.00 Chess Program (10-13) ............................... 17,000.00 REVENUE Education $17,595,701.00 Chapter II Instructional Strategies (14) ............ 17,800.00 SAT Preparation 1988-89 (15) ........................ 2,150.00 Chess Program (16) .................................. 17,000.00 (1) Stipends (2) Consultant Serv. (3) Inservice Educ. (4) Social Security (5) Field Trips (6) Supplies (7) Equi p~ent (8) Instructional Services (9) Social Security (10) Teacher Stipends /11/ Social Security 12 Field Trips (13) Supplies (035-060-6224-6213-0313) (035-060-6224-6213-0381) (035-060-6224-6213-0587) (035-060-6224-6213-0201) (035-060-6224-6213-0583) (035-060-6224-6213-0614) (035-060-6224-6213-0821) (035-060-6946-6447-0313) (035-060-6946-6447-0201) (035-060-6947-6202-0313) (035-060-6947-6202-0201) (035-060-6947-6202-0583) (035-060-6947-6202-0614) $ 1,500.00 1,000.00 6,325.00 475.00 2,500.00 3,000.00 3,000.00 2,000.00 150.00 11,162.00 838.00 3,000.00 2,000.00 4¸7 (14) Federal Grant Recei pt s (15) Fees (16) Contributions (035-060-6224-1102) (035-060-6946-1103) (035-060-6947-1103) 17,800.00 2,150.00 17,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29380. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $13,402,977.00 Municipal Parking Garage (1) ........................ 250,000.00 RE VENUE Miscellaneous Accts. Receivable - Virginia Tech (3) ...... $ Miscellaneous Revenue - Virginia Tech (4) ................ 250,000.00 250,000.00 (1) Appr. from Third Party (2) Misc. Revenue- Virginia Tech (3) Misc. Accts. Rec. - Virginia Tech (008-002-9615-9004) (008-008-1234-1086) (008-1237) $250,000.00 250,000.00 250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Cl er k Ma yo r 4¸8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29382. AN ORDINANCE authorizing the City Manager, for and on behalf of the City of Roanoke, to file application for a Virginia Outdoors Fund grant for park improvement projects; expressing the intention of Council to appropriate local funds to match such grant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to file, for and on behalf of the City, a Virginia Outdoors Fund grant request and any other related docu- ments with the Division of Planning and Recreation Services, Commonwealth of Virginia, such grant to be in an amount not to exceed $300,000.00. 2. If such grant is approved, it is the intention of this Council to appropriate up to $300,000.00 in local matching funds for implementation of the Multi Recreation Site Project involving improvement of five (5) City parks. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29383. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works $25,874.00 Litter Control Grant 88-89 (1) .......................... 25,874.00 RE VENUE Public Works $25,874.00 Litter Control Grant 88-89 {2} ......................... 25,874.00 {1) Fees for Prof. Services (035-052-5116-2010) $17,773.00 {2) State Grant Rev. (035-035-1234-7033} 17,773.00 49 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City C1 erk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29384. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Fire Operations (1) ................................. Public Works Grounds Maintenance (2) ............................. $23,635,456.00 7,946,047.00 17,941,336.00 2,906,060.00 FUND BALANCE Capital Maintenance and Equipment Replacement Program- City Unappropriated (3) ................................. $ 3,113,306.00 (1) Vehicular Equipnent (2) Vehicular Equipnent (3) CMERP - City (001-050-3213-9010) (001-050-4340-9010) (001-3323) $ 13,412.00 203,688.00 (217,100.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Cl er k Ma yo r 50 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29385. AN ORDINANCE accepting bids for trucks and related equipnent; rejecting 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase N~nber Description Bidder Price I new 1/2 ton pick up 4-wheel drive Berglund Chevrolet, Inc. $ 13,411.50 2 5 new 3/4 ton pick ups 4-wheel drive Dominion Dodge, Inc. $ 79,748.50 3 3 new dunp truck cab/ chassis Johnson International Trucks $103,764.91 3 new d unp truck bodies to be mounted on above cab/chassis Truck Body Corporation $ 20,174.40 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifi- cations, the respective bids made therefor and in accordance with this ordi- nance. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29386. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 51 GENERAL FUND Appropriations Non-De pa rtmental $11,317,575. O0 Transfer to Other Funds (1) ......................... 9,442,468.00 Fund Balance Capital Maintenance and Equipment Replacement Program- City Unappropriated (2) ................................. $ 4,902,406.00 CAPITAL FUND Appropriations General Government $13,270,977.00 Salt Storage Building (3) ........................... 118,000.00 (1) Transfer to Capital Projects (2) CMERP - City (3) Appr. from General Fund (001-004-9310-9508) (001-3323) (008-052-9619-9003) $ 118,000.00 (118,000.00) 118,000.00 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 28th day of November, 1988. No. 29387. AN ORDINANCE accepting the bid of Dome Corporation of America, for construction of the salt storage building at the Public Works Service Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Dome Corporation of America, in the total amount of $110,679.00, for construction of the salt storage building at the Public Works Service Center, such bid being in full compliance with the City's plans and spe- cifications made therefor and as provided in the contract docunents 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 ATTE ST: ~ry/ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of November, 1988. No. 29388. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nonde pa r tmental $11,366,376. O0 Transfers to Other Funds (1) ........................ 9,525,228.00 Revenue Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ................................. $ 3,279,646.00 CAPITAL FUND Appropriations Capital Improvement Reserve $ 7,019,673.00 Public Improvement Bonds - Series 1985 (3) .......... 130,000.00 Public Improvement Bonds - Series 1988 (4) .......... 6,238,224.00 Capital Improvement Reserve (5) ..................... 651,449.00 Streets and Bridges 10,955,932.00 Read Road Bridge Replacement (6-7) .................. 763,296.00 Fund Balance Reserved Fund Balance- Unappropriated (8) ............... $ 1,581,627.00 (1) Transfer to Capital Projects (2) CMERP - City (3) Streets & Bridges (4) Storm Drains (5) Streets & Bridges (6) Appr. from General Revenue (7) Appr. from Bonds (8) (001-004-9310-9508) (001-3323) (008-052-9577-9181) (008-052-9603-9176) (008-052-9575-9181) (008-052-9620-9003) (008-052-9620-9001) Fund Balance - Unappropriated (008-3325) $ 50,760.00 (50,760.00) (378,649.00) (113,400.00) (20,965.00) 223,859.00 492,049.00 (152,134.00) 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 28th day of November, 1988. No. 29389. AN Ordinance accepting the bid of Lanford Brothers Company, Incorporated, for construction of the Read Road replacement bridge, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contfact'~or %uch work; rejecting all other bids made to the City for the work; and p~o~h~tng for ~n~.t~b)gency. BE IT ORDAINED by Council of the City of Roanoke as follows: 1. The bid of Lanford Brothers Company, Incorporated, in the total amount of $662,801.00, for construction of the Read Road replacement bridge, 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, as more particularly set forth in the report to this Council dated November 28, 1988, 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, and emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk 54¸ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1988. No. 29381. An ORDINANCE authorizing the proper City Officials to enter into a lease agreement between the City and the Commonwealth of Virginia and/or Virginia Polytechnic Institute and State University for use of the premises at 111 through 117 Church Avenue, 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 together with any appropriate accompanying document- tation in form approved by the City Attorney for use of premises located on the ground level of the Municipal Parking Garage and known as 111 through 117 Church Avenue, for a period of two (2) years with the lessee having the option to extend the lease for an additional three (3) year period; 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 November 28, 1988. APPROVED ATTEST: Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of December, 1988. No. 29396. A RESOLUTION authorizing and ratifying the procurement of emergency storm drain construction work in the vicinity of Hunting Hills Shopping Center. WHEREAS, ¶41 of the City Charter authorizes the City Manager, in an emergency requiring immediate action, to make emergency procurements of goods and services; and WHEREAS, the City manager has advised that storm drain construction is required in the vicinity of the Hunting Hills Shopping Center in order to pre- vent serious storm drainage problems in the area as more particularly set forth in the City Manager's report dated December 12, 1988 to Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Emergency procurement by the City of construction services necessary to provide storm drain improvements in a total estimated amount of $17,571.92 to E. C. Pace Company, Inc., as more specifically set forth in the December 12, 1988 report to this council, is hereby authorized and ratified; and 2. 'The City's Manager of General Services is hereby authorized to issue the reqqisite purchase order for such procurement, and the Director of Finance is authorized and directed to make requisite payment to said firm. APPROVED ATTEST: Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29390. AN ORDINANCE vacating a portion of a certain subdivision plat and per- manently, vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, W. Robert Herbert, City Manager, has filed an application to the Council of the City of Roanoke, Virginia, in accordance with the provisions of §15.1-482(b), Code of Virginia (1950), as amended, requesting the Council to vacate a portion of a certain subdivision plat and 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 §15.1-482(b), Code of Virginia (1950), 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 12, 1988, at 7:30 p.m., after due and timely notice thereof as required by §15.1-482(b), Code of Virginia (1950), 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 plat vacation and 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 the subject public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that portion of the plat of subdivision and the public right-of- way described as follows: Beginning at a point; said point being situate on the north right-of-way line of Belle Aire Circle, S. W., and the southeasterly property corner of Jimmy and Phyllis S. Goodykoontz (Deed Book 1510, page 1324); thence with the ori- ginal property line that was dedicated to the City of Roanoke, Virginia, for street purposes as shown in detail in Map Book 1, page 532, the following four courses and distan- ces: S. 5° 58' E. 5.03 feet; thence S. 78° 07' W., 180.90 feet; thence N. 5° 58' W. 5.03 feet; thence N. 78° 07' E. 180.90 feet to the place of beginning and containing 0.021 acres, be, and the described portion of the said plat is hereby vacated, and the described public right-of-way be and it hereby is, permanently vacated, discon- tinued 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, reserving however, to the City of Roanoke an easement for any sewer lines, water mains and any other public utilities 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 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, structures or any other encroachments on or over the easement which impede access for main- tenance or replacement purposes at the time such work is undertaken; such ease- ment or easements to terminate upon the later abandonment of use or permanent removal from the abovedescribed public right-of-way of any such utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "vacated" on the portion of the plat of subdivision vacated hereby and 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 Jimmy Goodykoontz and Phyllis S. Goodykoontz, and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not take effect until a plat of subdivision, approved by the City, is recorded combining the right-of- way vacated hereby with adjacent parcel s in the manner specified in §15.1-482(b), Code of Virginia (1950), as amended. APPROVED ATTE ST: City C1 er k Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29391. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 277, 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 C-1, Office District, to C-2, General Commercial 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 December 12, 1988, 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. 277 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 57¸ Property described as a tract of land located on the westerly side of Peters Creek Road, N. W., containing 0.63 acre, more or less., designated on Sheet No. 277 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax N~nber 2770101 and a portion of Official Tax No. 2770104 be, and is hereby rezoned from C-1, Office District, to C-2, General Commercial District, and that Sheet No. 277 of the Zone Map be changed in this respect. APPROVED ATTEST: p(~ M~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29392. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 General Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Judicial Administration $ 2,841,358.00 Commonwealth Attorney (1-3) ........................ 544,627.00 Nondepartmental 11,370,811.00 Contingency - General Fund (4) ...................... 481,871.00 REVENUE Grants-in-Aid Commonweal th $49,667,350.00 Shared Expenses (5) ................................. 1,887,048.00 (1) Reg~ar Em~oyee Salaries (001-026-2210-1002) $ 11,951.00 (2) FICA (001-026-2210-1120) 898.00 (3) Retirement (001-026-2210-1105) 1,442.00 (4) Contingency (001-002-9410-2199) (5,688.00) (5) Commonwealth Attorney (001-020-1234-0610) 8,603.00 APPROVED ATTE ST: ~ City Cl er k ¸5 8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29393. AN ORDINANCE authorizing the execution of a contract with the Virginia Department of Health to provide for the operation of the City of Roanoke Health De pa rtment. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with the Virginia Department of Health to provide for the operation of the City of Roanoke Health Department, as more specifically set forth in the December 12, 1988, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall be in the amount o f $1,041,846.00. 3. The contract shall be in a fora approved by the City Attorney. APPROVED ~l~ ~City Clef IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29394. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the lg88-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPR IAT IONS Public Works $17,746,148.00 Engineering (1) ..................................... 1,087,725.00 Nondepartmental 11,367,999. O0 Contingency- General Fund (2) ...................... 470,559.00 (1) Fees for Prof. Services (2) Contingency (001-052-4310-2010) (001-002-9410-2199) $ 8,500.00 (8,500.00) ATTEST: City Cl er k APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29395. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Capital Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPR IAT IONS Sanitation $6,620,432.00 Southern Lane Storm Drain (1) ........................ 21,087.00 REVENUE Accts. Receivable - Hunting Hills Joint Venture (2) ....... $ Revenue - Hunting Hills Joint Venture (3) ................. 60,000.00 21,087.00 (1) Appr. from Third Party (2) Accts. Rec. - Hunting Hills (3) Revenue - Hunting Hills (008-052-9621-9004) (008-1236) (008-008-1234-1087) $21,087.00 21,087.00 21,087.00 APPROVED ATTEST: yo~~ '~ C~ity Cle~~k P~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29397. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Grant Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Grants $379,328.00 Victim Witness Grant 87-A6524 (1-10) ................... 38,152.00 RE VENUE Public Safety Grants $379,328.00 Victim Witness Grant 87-A6524 (11-12) .................. 38,152.00 (1) Reg. Employee Salaries (2) Temporary Employee Wages (3) FICA (4) Hosp. Insurance (5) Fees for Prof. Services (6) Telephone (7) Admin. Supplies (8) Expend. Equip. (035-026-5111-1002) $(1,359.00) (035-026-5111-1004) 404.00 (035-026-5111-1120) (155.00) (035-026-5111-1125) 270.00 (035-026-5111-2010) ( 78.00) (035-026-5111-2020) (114.00) (035-026-5111-2030) (205.00) (035-026-5111-2035) (219.00) 60 (9) Training and Development (10) Mgr. Services (11) State Grant Revenue (12) Local Match (035-026-5111-2044) (035-026-5111-7015) (035-035-1234-7016) (035-035-1234-7017) (435.00) 52.00 (1,200.00) (639.00) ATTE ST: ~~ City C1 er k APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29398. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Non-Departmental $11,386,346.00 Contingency - General Fund (1) ...................... 497,406.00 General Government 7,815,396.00 Municipal Auditing (2) .............................. 403,980.00 (1) Contingency (001-002-9410-2199) $(8,000.00) (2) Prof. Services (001-005-1240-2010) 8,000.00 APPROVED ATTE ST: ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29399. AN ORDINANCE authorizing the City Manager to enter into an agreement with Peat Marwick Main & Co., for the performance of annual audits of the City's finances for each of the fiscal years ending June 30, 1989, 1990, 1991 and 1992, upon certain terms and conditions. WHEREAS, the Council's Audit Committee has requested proposals for cer- tain auditing services, and after p~lic advertisement and competition, the Committee has recommended that the services of Peat Marwick Main & Co., be engaged under contract, for the purposes hereinafter provided; and WHEREAS, the Audit Committee has sd~mitted to the Council a written proposal of such firm, dated November 4, 1988, and supplemented by letter of November 18, 1988, setting out the services proposed to be rendered and the com- pensation to be received therefor, a copy of which is on file in the Office of the City Clerk, and the Council considering the Committee report concurs in the recommendation made therein; 61 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to enter into a written agreement, upon form approved by the City Attorney, with Peat Marwick Main & Co., Certified P~lic Accountants, engaging the services of said firm to annually audit the financial records and accounts of the City for each of the fiscal years ending June 30, 1989, 1990, 1991, and 1992. 2. The scope of such firm's examinations and/or its reports and the consideration to be paid therefor shall be as set out in the City's Request for Proposals and such firm's proposal made to the City's Audit Committee, dated November 4, 1988, and supplemented by letter of November 18, 1988. APPROVED ATTEST: ~ ty C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29400. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Sewage Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPR IAT IONS Capital Outlay from Revenue $ 308,000.00 Capital Outlay (1) ................................... 308,000.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) ..................... $12,858,189.00 (1) Other Equi ~ment (2) Retained Earnings - Unrestricted ATTEST: City Clerk (003-056-3175-9015) (003-3336) $ 300,000.00 (300,000.00) APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29401. AN ORDINANCE authorizing the abandonment of a certain water line ease- ment and the dedication of thirteen other water line easements serving Crossroads Consuner Mall, 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, in form approved by the City Attorney, appropriate docunentation for the abandonment of a certain water line easement serving Crossroads Consuner Mall as requested by Zane May Operating Partners L.P., and the proper City officials are further authorized to accept on behalf of the City the dedication of thirteen other water line ease- ments, subject to City review and approval of a proper plat of dedication, as more particularly set forth in the report to this Council dated December 12, 1988. ATTE ST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29402. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General and Capital Funds Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nonde pa rtmental $11,394,346. O0 Transfers to Other Funds (1-2) ...................... 9,474,468.00 CAPITAL FUND Appropriations Education $ 6,650,605.00 Oakland Elementary School (3) ....................... 221,200.00 (1) Transfer to Debt Service Fund (2) Transfer to Capital Projects Fund (3) Appr. from General Fund (001-004-9310-9512) (001-004-9310-9508) (008-060-6065-9003) $(221,200.00) 221,200.00 221,200.00 APPROVED ATTE ST: City C1 er k IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29403. AN ORDINANCE providing for the acquisition of real estate needed by the City to be added to Oakland Elementary School property; authorizing the City Manager to affix a certain limit of the consideration to be offered by the City for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circunstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of com- mencing the project; and directing the mailing of this ordinance to the property owner(s). BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the project of acquiring property to be added to Oakland Elementary School property in this City, the City wants and needs properties located at 3309 through 3315 Williamson Road, N. E., Official Tax Nos. 3160103, 3160104, 3160150, listed in the report of the Water Resources Committee on this subject dated December 12, 1988, on file in the Office of 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 three parcels for such consideration as the City Manager may deem appropriate 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. Upon the acceptance of any offer and 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 interests conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make a motion on behalf of the City for entry of an order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right-of-entry. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay the Court the suns offered to the respective owners. 5. Upon acquisition of the above-described parcels, the Mayor and City Clerk shall be authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate doc unentati on dedicating the acquired property as property to be added to Oakland Elementary School property. 6. The City Clerk is directed to mail a copy of this ordinance to each property owner. APPROVED ATTEST: ~~ City Clerk 64 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29404. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General and Capital Funds Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 General and Capital Funds Appropriations. be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nonde pa rtmen tal $11,394,346. O0 Transfers to Other Funds (1-2) ...................... 9,474,468.00 CAPITAL FUND Appropriations Education $ 6,633,486.00 Highland Park School (3) ............................ 204,081.00 (1) Transfer to Debt Service Fund (2) Transfer to Capital Projects Fund (3) Appr. from General Fund (001-004-9310-9512) (001-004-9310-9508) (008-060-6066-9003) $(204,081.00) 204,081.00 204,081.00 APPROVED ATTEST: City C1 er k IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29405. AN ORDINANCE providing for the acquisition of real estate needed by the City to be added to Highland Park School property; authorizing the City Manager to affix a certain limit of the consideration to be offered by the City for each parcel; providing for the City's acquisition of such real estate by condem- nation, under certain circunstances; authorizing the City to make motion for the award of a right of entry on the parcel for the purpose of commencing the pro- ject; and directing the mailing of this ordinance to the property owner(s). BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the project of acquiring property to be added to Highland Park School property in this City, the City wants and needs property located at 422 Albemarle Avenue, S. W., Official Tax No. 1022802, as set forth in the report of the Water Resources Committee on this s~ject dated December 12, 1988, on file in the Office of 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 parcel for such consideration as the City Manager may deem appropriate s~ject to applicable statutory guide- lines. 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. Upon the acceptance of any offer and 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 interests conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make a motion on behalf of the City for entry of an order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right-of-entry. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay the Court the suns offered to the respective owners. 5. Upon acquisition of the above-described parcels, the Mayor and City Clerk shall be authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate docunentation dedicating the acquired property as property to be added to Highland Park School property. 6. The City Clerk is directed to mail a copy of this ordinance to each property owner. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29406. AN ORDINANCE authorizing the extension of a sanitary sewer line through an existing p~blic utility easement 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 Mayor and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate docunents authorizing the extension of a sanitary sewer line through an existing 50' wide public utility easement along the easterly boundary of the Roanoke Centre for Industry and Technology for a distance of approximately 800 feet, to include a connection or connections to premises located in the City, said sanitary sewer line to be installed and main- tained by Roanoke County pursuant to appropriate agreement, as more particularly set forth in the report to this Council dated December 12, 1988. APPROVED '~ ~ ~'ATTEST: City C1 erk 66 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29407. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND A ppro pri ati on s Ed ucati on $57,805,924. O0 Facilities (1-10) ................................... 360,241.00 Revenue Capital Maintenance and Equipment Replacement Program- Schools - Unappropriated {11) ........................... $ 815,599.00 GRANT FUND Appropriations Ed ucati on $14,299,702. O0 Flow Through 88-89 (12-16) .......................... 142,685.00 Parent Resource Center (17-20) ...................... 8,000.00 Revenue Ed ucati on $14,299,702. O0 Flow Through 88-89 (21) ............................. 142,685.00 Parent Resource Center(22) .......................... 8,000.00 (1) Classroom Furn. (2) Audio-Visual Equip. '(3) Replacement of Fixtures (4) Replacement of Computers (5) Transportation Uni forms (6) Roof Renovation- Addi son (7) Asbestos Removal (8) Resurfacing of Tracks (9) Transportation Parking Lot (10) Replacement of Security Veh. (11) CMERP - Schools (12) Instructional Soc. (001-060-6004-6200-0822) (001-060-6004-6218-0821) (001-060-6004-6300-0802) (001-060-6004-6302-0806) (001-060-6004-6675-0821) (001-060-6004-6681-0809) (001-060-6004-6681-0829) (001-060-6004-6682-0809) (001-060-6004-6682-0829) (001-060-6004-6685-0804) (001-3324) Security (035-060-6563-6453-0201) (13) Instructional Health Ins. (035-060-6563-6453-0204) (14) Transportation Health Ins. (035-060-6563-6553-0204) (15) Health Services (035-060-6563-6553-0311) (16) Instructional Sup~ies (035-060-6563-6553-0614) (17) Soc. Security (035-060-6570-6329-0201) $ 50,198.00 8,551.00 12,133.00 74,156.00 10,515.00 76,200.00 38,250.00 56,580.00 23,000.00 10,658.00 (360,241.00) 2,388.00 6,536.00 6,860.00 14,976.00 1,400.00 350.00 (18) Contracted Services (19) Instructional Materials (20) Instructional EquiFment (21) Federal Grant Receipts (22) Federal Grant Receipts (035-060-6570-6329-0313) (035-060-6570-6329-0614) (035-060-6570-6329-0821) (035-060-6563-1102) (035-060-6570-1102) $ 4,650.00 1,135.00 1,865.00 32,160.00 8,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Ma yo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 1988. No. 29408. A RESOLUTION approving and endorsing an application made to the Virginia Department of Housing and Community Development for an allocation of funds from the State for implementation of the Single Family Rehabilitation & Energy Conservation Loan Program in the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that it does hereby approve and endorse the City's application heretofore made to the Virginia Department of Housing and Community DeveloFment for an allocation of funds in the amount of $390,000 for implementation of the Single Family Rehabilitation & Energy Conservation Loan Program. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1988. No. 29409. AN ORDINANCE authorizing the City Manager to execute certain contracts between the City of Roanoke, Total Action Against Poverty (TAP), and individual property owners, for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair Program; upon certain terms and con- ditions; and providing for an emergency. WHEREAS, this Council approved the execution of an agreement with Total Action Against Poverty (TAP) to provide for the cooperative administration of the Emergency Home Repair Program by Ordinance No. 29370, adopted November 14, 1988. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute certain contracts between the City of Roanoke, Total Action Against Poverty (TAP), and individual property owners for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair Program, upon certain terms and con- ditions, in form approved by the City Attorney. 68 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1989. No. 29410. AN ORDINANCE granting a revocable license for the construction of cer- tain building appendages encroaching over and into the right-of-way of Kirk Avenue, S.E., located at the Center in the Square Building between 19 Campbell Avenue and 20 Church Avenue, S.E., Official Tax Nos. 4010806, 4010808, and 4011311, 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, Western Virginia Foundation for the Arts and Sciences, a Virginia cor- poration, their grantees, assignees, or successors in interest, of the property bearing Official Tax Nos. 4010806, 4010808, and 4011311, otherwise known as the Center in the Square Building between 19 Campbell Avenue and 20 Church Avenue, S.E., within the City of Roanoke, to construct, maintain and utilize, an ele- vated pedestrian bridge encroaching approximately 25 feet in length, 52 feet in width, approximately 1300 square feet in area, and 14.5 feet above the public right-of-way of Kirk Avenue, S.E., as more fully described in a report of the Water Resources Committee dated December 27, 1988, 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, agents and employees, from all claims for injuries or damages to persons or property that may arise by reason of the construction, maintenance, use, or existence of the above-described encroach- ments 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 any of the appendages or areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general liability, bodily injury and pro- perty damage liability insurance coverage in amounts not less than: (i) The case of bodily injury liability insurance, $1,000,000 for injuries, including death, to one person in any one occurrence and $5,000,000 annual aggregate; (ii) In the case of property damage insurance, $500,000 for damage in any one occurrence and $1,000,000, annual aggregate; (iii) In the case of general liability insurance, coverage in the amount of $1,000,000; and (iv) The above amounts may be met by "unbrella" coverage in a minimun amount of $5,000,000; and all such coverages shall include the City of Roanoke, its officers, employees and agents as additional insureds. The amount of insurance required herein shall be reviewed every five years and may be increased or decreased at the request of the City. Any increase in the amount of required insurance shall be mutually agreed upon between the City and the Licensee. If the City and Licensee cannot agree upon a mutually satisfactory amount at the time of any insurance review the matter will be referred to three independent arbitrators. One of these arbitrators shall be chosen by the City and one shall be chosen by the Licensee. After being chosen, these two arbitrators shall then choose the third arbitrator. The majority decision of the three arbitrators as to the amount of insurance shall then be final and binding on the parties hereto. 5. If for any reason the revocable license granted hereunder should be revoked or terminated, or if at any point during the license period the structure encroaching over public right-of-way becomes unsafe or fails to meet the provisions of any applicable building or safety codes, and Licensee refuses or is unable to correct such structural or safety defect within a reasonable time after proper notice thereof, Licensee agrees to demolish and remove the encroaching structure solely at its own expense. All demolition and related work required for such removal shall be done diligently and in conformity with all legal and safety requirements, in a good and workmanlike manner, and in accordance with any applicable standards. In order to insure performance of Licensee's obligations as set forth above in relation to the demolition and removal of the encroaching structure, solely at the expense of the Licensee, Licensee hereby agrees to obtain a per- formance bond naming the City of Roanoke as the obligee or insured party in the event Licensee does not demolish and remove the structure, as required. This bond shall be with a reputable bonding company licensed to do business in the Commonwealth of Virginia and in the initial amount of $60,000. The bond shall be in force prior to the initiation of any construction within the encroaching area and shall remain in force for the term of this license. The amount of the bond required herein shall be reviewed every five years and may be increased or decreased at the time of each review at the discretion of City to reflect the reasonable cost of demolition and removal at that time. Any increase or decrease in the amount of the bond shall be mutually agreed upon. If the Licensee and City cannot agree upon a mutually satisfactory sun to cover the cost of demolition and removal, or if the Licensee and City cannot agree upon a mutually acceptable means for insuring that the building will be demolished or removed at no expense to City if it is no longer feasible to obtain a perfor- mance bond, the matter will be referred to three independent arbitrators. One of these arbitrators will be chosen by the City and one will be chosen by the Licensee. After being chosen, these two arbitrators shall then choose a third arbitrator and the majority decision of the three arbitrators shall then be final and binding on the parties hereto. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by Licensee, has been admitted to record, at the cost of the Licensee, in the Office of the Clerk of 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 Ma yo r 70 IN THE COUNCIL OF THE CITY OF The 3rd day of January, 1989. No. 29411. ROANOKE, VIRGINIA, AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nondepartmental $11,732 Transfers to Other Funds {1) ........................ 9,813 General Government 7,874 City Clerk (2).. Management and Budget (4) ........................... City Attorney (5) ................................... Billings and Collections (6) ........................ Municipal Auditing (7) .............................. Treasurer (8) ....................................... General Services (9) ................................ Personnel Management (10) .......................... ~. Director of Utilities & Operations (11) ............. Judicial Administration Commonwealth Attorney (12) .......................... Clerk of Circuit Court (13) ......................... General District Court (14) ......................... Circuit Court (15) .................................. Juvenile & Domestic Court (16) ...................... Juvenile & Domestic Court Clerk (17) ................ Public Safety Police Training {18} ................................ Building Inspections {lg} .... ' ....................... Juvenile Probation House {20) ....................... Crisis Intervention {21) ............................ Public Works Street Maintenance {22-23) .......................... Communications {24) ................................. Health and Wel fare Social Services- Administration {25) ............... Nursing Home (26) ................................... Parks, Recreation and Cultural Parks and Recreation {27) ........................... Community Development Community Education (28} ............................ ,186.00 ,215.00 ,949.00 428,335.00 426,858.00 304,007.00 480,529.00 2,099,345.00 398,066.00 673,104.00 525,286.00 524,770.00 120,597.00 2,852,713.00 532,536.00 751,730.00 41,232.00 137,531.00 80,750.00 23,437.00 23,684,328.00 179,279.00 638,236.00 300,438.00 367,356.00 18,004,336.00 2,628,187.00 1,470,519.00 11,307,851.00 783,067.00 1,112,022.00 3,176,486.00 1,192,070.00 1,082,865.00 33,094.00 Fund Balance Capital Maintenance Equipnent and Re~acement Program - City Unappropriated (29) ................................ $ 2,634,213.00 INTERNAL SERVICE FUND A ppro pri ati on s Material s Control $ Capital Outlay (30) ................................. Motor Vehicle Maintenance Capital Outlay (31) ................................. 153,293.00 13,000.00 1,723,179.00 61,882.00 71 Revenue Non-Operating Revenue $ Transfer from General Fund (32) ..................... 54,158.00 19,158.00 (1) to Internal (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) Transfer Service Fund Furniture & E¢ Furniture & E¢ Furniture & E¢ Furniture & E( Furniture & E¢ Furniture & E¢ Furniture & E¢ Furniture & E¢ Furniture & E¢ Furniture & E( Furniture & E¢ Furniture & E¢ Furniture & E¢ Other Equi pnent Ul p. U1 p. ul p. ul p. Ul p. Ul p. U1 ~. U1 ). U1 3. U1 D. U1 U1 ~. U1 ~). Furniture & Equip. Furniture & Equip. Furniture & Equip. Furniture & Equip. Furniture & Equip. Expendable Equip. Furniture & Equip. Other Equi pnent Other Equi pnent Furniture & Equip. Other Equi pnent Other Equi pnent Furniture & Equip. CMERP - City Furniture & Equip. Furniture & Equip. Transfer from General Fund (001-004-9310-9506) $ 19,158.00 (001-001-1120-9005) 2,700.00 (001-002-1211-9005) 5,000.00 (001-002-1212-9005) 3,500.00 (001-003-1220-9005) 4,300.00 (001-004-1232-9005) 10,000.00 (001-005-1240-9005) 2,086.00 (001-020-1234-9005) 1,390.00 (001-050-1237-9005) 5,500.00 (001-050-1261-9005) 4,000.00 (001-056-1250-9005) 9,919.00 (001-026-2210-9005) 2,200.00 (001-028-2111-9005) 3,930.00 (001-070-2120-9005) 7,400.00 (001-072-2110-9015) 9,160.00 (001-078-2130-9005) 2,000.00 (001-078-2131-9005) 956.00 (001-050-3115-9005) 11,500.00 (001-052-3410-9005) 12,000.00 (001-054-3350-9015) 4,830.00 (001-054-3360-2035) 4,725.00 (001-052-4110-9005) 6,000.00 (001-052-4110-9015) 7,000.00 (001-052-4130-9015) 50,000.00 (001-054-5311-9005) 9,600.00 (001-054-5340-9015) 31,650.00 (001-050-7110-9015) 7,500.00 (001-054-8170-9005) 3,500.00 (001-3323) (241,504.00) (006-050-1613-9005) 10,800.00 (006-052-2641-9015) 8,358.00 (006-020-1234-0951) 19,158.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City C1 er k 72 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1989. No. 29412. AN ORDINANCE providing for the vacation of an unused public water and sewer easement at the Century Business Center, 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, an appropriate deed of release, or other docunentation vacating and releasing certain water and sewer easements through property owned by Center Properties I, L.P., and known as the Century Business Center, located north of and parallel to present day Orange Avenue, N. E., through Block 6, Linwood Land Company, as more particularly set forth in the report of the Water Resources Committee to this Council dated January 3, 1989. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1989. No. 29413. AN ORDINANCE authorizing the lease of the Fishburn Park Caretaker's Ho use 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, in form approved by the City Attorney, a lease agreement for the Fishburn Park Caretaker's House to George F. and Charlotte S. Blackwell, upon certain terms and conditions deemed appropriate, as more particularly set forth in the report to this Council from the Water Resources Committee dated January 3, 1989. APPROVED ATTE ST: City Clerk Ma yo r 72 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1989. No. 29417. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appro pri ati on s Public Safety $23,823,380.00 Fire Operations (1) .............................................. 8,118,154.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ................................ $ 2,703,610.00 (1) Vehicular Equipment (001-050-3213-9010) $ 172,107.00 (2) CMERP - City (001-3332) (172,107.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City C1 er k Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of Jan wry, 1989. No. 29418. AN ORDINANCE accepting the bid of Kovatch Mobile Equipment, made to the City for furnishing and delivering one (1) 1,500 GPM Punping Engine; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Kovatch Mobile Equipment made to the City, offering to supply one (1) 1,500 GPM Punping Engine, meeting all of the City's specifica- tions and requirements therefor, for the total bid price of $172,107.00, which bid is on file in the Office of the City Clerk, be and 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 equip- 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. 74 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 ATTE ST: City C1 er k IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1989. No. 29419. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General and Internal Service Funds Appropriations, and providing for and emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 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 Works $17,978,085.00 Street Maintenance (1) .......................................... 2,646,936.00 Fund Balance Capital Maintenance Equipment and Replacement Program- City Unappropriated (2) ................................ $ 2,843,968.00 Internal Service Fund Appropriations Utility Line Services $ 2,554,914.00 Capital Outlay (3) ............................................... 287,815.00 Retained Earnings Retained Earnings - Unrestricted (4) .............................. $ 1,579,422.00 (1) Other Equipnent (2) CMERP - City (3) Other Equi pnent (4) Retained Earnings - Unrestricted (001-052-4110-9015) (001-3332) (006-056-2625-9015) (006-3336) $ 31,749.00 (31,749.00) 59,205.00 (59,205.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: CityClerk Mayor 75 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1989. No. 29420. AN ORDINANCE accepting bids for certain construction equipment; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bids in writing ol~ the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Q uanti ty and Successful Purc ha se Nunber Description Bidder Price I 2 new Loader Backhoes Baker Brothers, Inc. $ 63,575.00 2 3 new utility trailers Keith Welding $ 16,500.00 I new air compressor McIhany Equipnent Co., Inc. $ 10,878.00 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's speci- fications, the respective bids made therefor and in accordance with this ordi- nance. 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 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 Mayor General IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1989. No. 29421. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 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 Works $18,040,829.00 Street Maintenance (1) ........................................... 2,709,680.00 Fund Balance Capital Maintenance Equipnent and Replacement Program - City Unappropriated (2) ........................ , ....... $ 2,781,224.00 Internal Service Fund Appropriations Utility Line Services $ 2,613,898.00 Capital Outlay (3) ............................................... 346,799.00 Retained Earnings Retained Earnings - Unrestricted (4) ............................. $ 1,520,438.00 (1) Vehicle Equipnent (2) CMERP - City (3) Vehicle Equi p~ent (4) Retained Earnings - Unrestricted (001-052-4110-9010) (001-3332) (006-056-2625-9010) (006-3336) $ 94,493.00 (94,493.00) 118,189.00 (118,189.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 77 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1989. No. 29422. AN ORDINANCE accepting bids for trucks and related equiFment; rejecting 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase N~ber Description Bidder Price 3 New mid-size 1/2 ton pick-up truck Berglund Chevrolet, Inc. $ 28,604.64 2 i New full size 1/2 ton Berglund Chevrolet, Inc 11,195.04 pick-up truck 3 I New mid-size, 4 Berglund Chevrolet, Inc. 14,251.47 wheel drive utility type vehicle 4 1 New cab/chassis, conventional cab, medi un dunp truck Magic City Ford Corporation 34,262.81 I New 10 ton rated d un p body Truck Body Corporation 5,769.15 2 New crew cab/chassis for mediun dunp truck Johnson International Trucks 81,043.46 7 2 New 10 ton rated Truck Body Corporation 13,449.60 dunp bodies 8 I New cab/chassis Magic City Ford Corporation 19,656.60 for service truck 9 I New heavy duty Truck Body Corporation 3,249.00 service body 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifi- cations, the respective bids made therefor and in accordance with this ordi- nance. 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. ATTE ST: ~ City Clerk APPROVED Mayor 78 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1989. No. 29423. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety $23,799,480.00 Police Patrol (1) ............................................... 5,307,460.00 Fire Operations (2) ............................................. 7,965,128.00 FUND BALANCE Capital Maintenance and Equipnent Replacement Program - City Unappropriated (3) ................................ 2,727,510.00 (1) Vehicular Equipment (2) Vehicular Equipnent (3) CMERP - City (001-050-3113-9010) (001-050-3213-9010) (001-3332) $ 133,126.00 15,081.00 (148,207.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of January, 1989. No. 29424. AN ORDINANCE accepting bids for certain vehicular equipnent; rejecting 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 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 pruchase prices set out with each item: Item Quantity and Successful Purchase N~nber Description Bidder Price 6 new 1989 4-door sedans marked police automobiles ($14,890.51 each) Bergl und Chevrolet, Inc. $ 89,343.06 I new 1989 4-door sedan fire command vehicle Bergl und Chevrolet, Inc. $ 15,081.14 3 2 new cab/chassis 1/ton rated for police paddy wagon ($14,181.17 each) Bergl und Chevrolet, Inc. $ 28,362.34 79 2 new custom made paddy wagon bodies to be mounted on existing vehicles ($7,710.06 each) Truck Body Corpora- tion $ 15,420.12 2. The City's Manager of General Services in hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's speci- fications, the respective bids made therefor and in accordance with this ordi- nance. 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, and 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 17th day of January, 1989. No. 29414. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 642, 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-l, Residential Single Family District, to C-1 Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on January 9, 1989, 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. 642 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 80 Property described as a tract of land lying at the southeasterly corner of the intersection of Peters Creek Road and Lewiston Street, containing 0.75 acres, more or less, designated on Sheet No. 642 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6421133 be, and is hereby rezoned from RS-l, Residential Single Family District, to C-1 Office District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on November 16, 1988, and that Sheet No. 642 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1989. No. 29415. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the a ppl icant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-l, Residential Single Family District, to C-1 Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on January 9, 1989, 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. 642 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 situate on the southerly side of Peters Creek Road, N. W., approximately 103 feet east of its intersection with Lewiston Street, containing 0.337 acres, more or less, designated on Sheet No. 642 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6421134 be, and is hereby rezoned from RS-l, Residential Single Family District, to C-1 Office District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on November 16, 1988, and that Sheet No. 642 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk 81 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1989. No. 29416. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 604, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-2, Residential Single Family District, to RM-3, Residential Multi-Family, High Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on January 9, 1989, 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. 604 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 west side of Hemlock Road, N. W., containing 6.76 acres, more or less, designated on Sheet No. 604 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6040504 be, and is hereby rezoned from RS-2, Residential Single Family District, to RM-3, Residential Multi-Family, High Density District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on December 28, 1988, and that Sheet No. 604 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk B2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1989. No. 29425. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety $23,664,098.00 Police Administration (1) ....................................... 123,661.00 Fund Balance Reserve CMERP - City (2) .......................................... $ 2,862,893.00 (1) Fees for Prof. Services {001-050-3111-2010) $ 12,825.00 (2) Reserved CMERP - City (001-3323) (12,825.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1989. No. 29426. AN ORDINANCE authorizing the City Manager to execute a certain Application and Agreement with Appalachian Power Company; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute an Application and Agreement for Underground Service to Commercial Buildings, Industrial Buildings, School s and Master-Metered Multi-Family Dwelling Units, providing for such Company's extending electrical power to a sanitary sewer pump station owned by the City in Roanoke Centre for Industry and Technology for a total charge of $22,656.00, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Agreement by the City Attorney, and upon such other terms and conditions as are provided therein. 83 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 17th day of January, 1989. No. 29427. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with E. C. Pace Company, Inc., for con struction of Chip Drive, N. E.; 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 E. C. Pace Company, Inc., dated May 16, 1988, related to construction of Chip Drive, N. E. 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT WITH CHANGE ORDER NO. I Change Order No. 2: Delete 326 tons of bituninous base course at $28.50 per ton CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 Additional time resulting for Change Order No. 2 $ 332,932.50 $ 9,291.00 $ 323,641.50 ATTEST: City C1 er k Ma yo r APPROVED 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. No n e 84 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1989. No. 29428. AN ORDINANCE accepting the bid of Utility Line Equipment, Inc., for repair of an existing aerial boom and bucket, upon certain terms and con- ditions, 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 Utility Line Equipment, Inc., made to the City in the total amount of $15,662.00, and unknown internal parts cost, if and when iden- tified, to be paid separately, for repair of an existing aerial boom and bucket such bid being in full compliance with the City's plans and specifications made therefor, which bid is on file in the Office of the City Clerk, be and 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 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 17th day of January, 1989. No. 29429. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations No n-De pa r tmental $11,667,099. O0 Contingency- General Fund (1) .................................. 532,518.00 Community Development 1,093,471.00 Municipal Parking Garage (2) .................................... 131,026.00 (1) Equip. Replacement Contingency (2) Other Equipment ( O01-002 -9410-2202 ) ( O01-056 -8140-9015 ) $(14,106.00) 14,106.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1989. No. 29430. AN ORDINANCE accepting the bid of Syndor Industrial Services, Inc., made to the City for furnishing and delivering one (1) new Power Sweeping Machine; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Syndor Industrial Services, Inc., made to the City, offering to supply one (1) new Power Sweeping Machine, meeting all of the City's specifications and requirements therefor, for the total bid amount, including trade-in allowances for an existing unit, of $14,106.00, which bid is on file in the Office of the City Clerk, be and 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 equip- 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. 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: ~~ ~ · Mayor 86 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1989. No. 29431. A RESOLUTION requesting the 1989 Session of the General Assembly to enact an amendment to the Code of Virginia prohibiting certain discrimination by large private clubs on a Statewide basis. WHEREAS, the Commonwealth has a compelling interest in providing its citizens an environment where all persons, regardless of race, creed, color, national origin or sex, have a fair and equal opportunity to participate in the business and professional life of the Commonwealth; WHEREAS, although Federal and State laws have been enacted to eliminate discrimination in employment, one barrier to the advancement of women and minorities in business and professional life is the discriminatory practices of certain membership organizations where business deals are often made and per- sonal contacts valuable for business purposes, employment and professional advancement are formed; WHEREAS, in New York State Club Association v. New York City, June 20, 1988, the Supreme Court of the United States approved a New York City ordinance which prohibited discrimination on the basis of race, creed, color, national origin or sex by private clubs having more than 400 members, providing regular meal service and regularly receiving payment for dues, fees, meals, etc., directly or indirectly, from or on behalf of non-members in the furtherance of trade or business; and WHEREAS, Virginia localities are without authority under the Dillon Rule to enact local ordinances addressing private club discrimination, and, moreover, City Council is of the opinion that one uniform State-wide statute prohibiting certain private club discrimination would be the best way to deal with this important public issue which affects all the citizens of the Commonweal th; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol 1 ows: 1. The 1989 Session of the General Assembly is urged to enact an amendment to the Code of Virginia prohibiting discrimination on the basis of race, creed, color, national origin or sex by certain large private clubs (such term to be defined by the General Assembly) on a uniform Statewide basis. 2. The City Clerk is directed to transmit an attested copy of this resolution to The Honorable J. Granger Macfarlane, Member, Senate of Virginia; The Honorable A. Victor Thomas, Member, House of Delegates; and The Honorable Clifton A. Woodrun, III, Member, House of Delegates. APPROVED ATTEST: City Clerk 87 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1989. No. 29432. A RESOLUTION rejecting all bids for construction of the elevator for handicapped and related use at the Civic Center Auditorium. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for providing and constructing the elevator for the handicapped and related use at the Civic Center Auditoriun 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 revise the contract documents as deemed advisable and to cause the project to be readvertised for bids. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1989. No. 29433. AN ORDINANCE authorizing an agreement for right-of-entry onto Norfolk Southern Railway property in connection with the Read Road Bridge replacement, 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, in form approved by the City Attorney, the appropriate right-of-entry agreement with the Norfolk Southern Railway and other such docu- mentation as may be deemed necessary in connection with the Read Road Bridge replacement project, including termination of the August 23, 1951, maintenance agreement, as more particularly set forth in report to this Council dated January 23, 1989. 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 ATTE ST: City Clerk B8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1989. No. 29435. AN ORDINANCE authorizing an agreement with the Virginia Department of Transportation to provide recreational access funds for construction of an access road to Vinyard Park, upon certain terms and conditions; authorizing the appropriate City officials to execute the requisite contract; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the Virginia Department of Transportation to provide recreational access funds for construc- tion of an access road to Vinyard Park. Such agreement shall be approved as to form by the City Attorney and shall contain terms and conditions as substan- tially set forth in the agreement attached to the City Manager's report to Council dated January 23, 1989. 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 er k Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1989. No. 29436. A RESOLUTION changing the time of the February 6, 1989, regular meeting of City Council from 2:00 p.m. to 7:30 p.m. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The time of the February 6, 1989, regular meeting of City Council shall be changed from 2:00 p.m. to 7:30 p.m. 2. At such regular meeting, to be held at 7:30 p.m., a public hearing shall be held with respect to the Roanoke River Flood Reduction Project. 3. The City Attorney is directed to cause appropriate public notice to be given with respect to the Roanoke River Flood Reduction Project public hearing. 4. The City Clerk is directed to provide appropriate public notice with respect to the change in the time of the February 6, 1989, regular meeting of Council. ATTEST: City C1 er k APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1989. No. 29437. A RESOLUTION appointing the City's representatives to governmental reorganization discussions to be conducted pursuant to §15.1-1132, Code of Virginia (1950), as amended. WHEREAS, this Council has learned from reliable sources that citizen petitions requiring governmental reorganization talks between the City and the County of Roanoke will soon be officially filed with this Council, the Board of Supervisors of the County of Roanoke, the Circuit Court for the City of Roanoke and the Circuit Court for the County of Roanoke; WHEREAS, such petitions will require that an agreeement with respect to governmental reorganization be reached between the City and the County within twelve months and that the governing bodies petition the Circuit Courts to order a referendun on the question of governmental reorganization; and WHEREAS, this Council is desirous that there be no delay in the impor- tant work required to reach an agreement between the two governing bodies which will serve the governmental reorganization needs of all the people of the Roanoke Valley well into the 21st century; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol 1 ows: 1. As the City's official representatives to governmental reor- ganization discussions to be conducted between this City and the County of Roanoke pursuant to §15.1-1132, Code of Virginia (1950), as amended, the Council hereby appoints the Honorable Noel C. Taylor, Mayor, and the Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor, and Wilburn C. Dibling, Jr., City Attorney, as legal co unsel. 2. W. Robert Herbert, City Manager, Joel M. Schlan§er, Director of Finance, and other Council-appointed officers and City employees shall render such staff support and assistance as may be required from time to time by Mayor Taylor and Mr. Fitzpatrick in the conduct of their discussions with County representatives, including attendance at meetings upon request of Mayor Taylor and Mr. Fitzpatrick. 3. The Council's best wishes go with both the City and County repre- sentatives as they commence their conscientious and good faith efforts to deve- lop a plan of governmental reorganization which will serve the needs of the Roanoke Valley for years to come. 4. The City Clerk is directed to forward an attested copy of this resolution to the Clerk of the Roanoke County Board of Supervisors. APPROVED C~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29434. 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 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 Dan D. Olyer, Chapter Chairman, dated January 10, 1989; 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 per- mittee's request being more particularly described in the letter dated January 10, 1989, from Dan D. Oyler, 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 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 midnight on March 15, 1989. 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: /~L~-t,,~--- City Clerk APPROVED 91 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29438. AN ORDINANCE authorizing the issuance of Seven Million Five Hundred Thousand Dollars ($7,500,000) principal an~unt of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of the Roanoke River Flood Reduction Project, a needed permanent public improvement including channel widening, construction of protective dikes or berms in critical areas, flood proofing of certain buildings at the Sewage Treatment Plant, replacement of low water bridges, construction of a recreational trail and acquisition and construction of a flood warning system, and acquisition of real property for the foregoing; and providing for an emer- gency. WHEREAS, the Council of the City of Roanoke, Virginia, deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of certain necessary permanent public improvements, and that this ordinance should become effective upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. It is deemed expedient and necessary in the judgment of the Council of the City of Roanoke, Virginia, to issue and sell general obligation bonds of the City of Roanoke, Virginia in the principal amount of SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000) for the purpose of providing funds to be applied, with or without other funds, to defray the cost to the City of acquisitions, construction, additions, betterments, extensions and improvements of needed permanent public improvements constituting the Roanoke River Flood Reduction Project, which includes channel widening, construction of protective dikes or berms in critical areas, flood proofing of certain buildings at the Sewage Treatment Plant, replacement of low water bridges, construction of a recreational trail and acquisition and construction of a flood warning system, and acquisition of real property for the foregoing. If upon completion of any of said needed permanent public improvements, there remains any unexpended balance of the amount of bond proceeds allocated therefor, such balance may be used for other needed public improvements as determined by City Council. 2. Pursuant to §47 of the Charter of the City of Roanoke, Virginia, there are hereby authorized to be issued general obligation bonds of the City of Roanoke in an aggregate principal amount not exceeding $7,500,000.00 for the purpose of raising moneys to pay the cost of the permanent public improvements set forth in paragraph i hereof. The full faith and credit of the City of Roanoke is pledged to the payment of the principal and interest of said bonds. 3. The Council shall by resolution adopted from time to time prescribe the amount of said bonds to be issued from time to time and the form thereof, and all other details with respect thereto, in accordance with law. 4. Said bonds shall not be issued unless and until this ordinance has been approved by the affirmative vote of a majority of the qualified voters of the City voting in an election to be called in the manner provided by the Charter of the City of Roanoke, Virginia to be held on the 11th day of April, 1989; the United States Congress has appropriated sufficient funding in the judgment of City Council for the Roanoke River Flood Reduction Project; and a construction contract has been awarded by the United States for such Project and accepted by the United States' contractor. 5. In order to provide for the public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29439. AN ORDINANCE directing and providing for the holdin9 of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia will approve Ordinance No. 29438, duly adopted by the Council of the City of Roanoke on February 6, 1989, providing for the issue of certain general obligation bonds of the City of Roanoke; and providing for an emergency. WHEREAS, the Council of the City of Roanoke, Virginia (the "Council"), deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of Roanoke, Virginia (the "City"), of certain necessary permanent public improvements, set out in Ordinance No. 28438, duly adopted by the Council on February 6, 1989, and that this ordinance should become effective upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. Pursuant to §47 of the Charter of the City of Roanoke, Virginia, an election shall be held in said City on the 11th day of April, 1989, to deter- mine whether the qualified voters will approve an ordinance, duly adopted by the Council on February 6, 1989, entitled: "No. 29438 AN ORDINANCE authorizing the issuance of Seven Million Five Hundred Thousand Dollars ($7,500,000) principal amount of 9eneral obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of the Roanoke River Flood Reduction Project, a needed permanent public impro- vement including channel widening, construction of protective dikes or berms in critical areas, flood proofing of certain buildings at the Sewage Treatment Plant, replacement of low water bridges, construction of a recreational trail and acquisi- tion and construction of a flood warnin9 system, and acquisition of real property for the foregoing; and providing for an emergency." 2. Said election shall be conducted in the manner prescribed by law for the conduct of regular elections. 3. The judges and clerks for the several voting precincts in the City are hereby appointed officers of election to conduct said election, and in the case of failure of any one or more of them to act, then the place or places of such shall be filled in the manner provided for in case of regular elections. 4. The Secretary of the Electoral Board of the City is hereby directed to give public information of said election, setting forth the time and place thereof by publishing notice of the same to which shall be attached an attested copy of this ordinance in a newspaper of general circulation in the City and published in said City at least ten days before the date of the elec- tion. 5. The Electoral Board of the City shall forthwith and not less than thirty days prior to the date of the election herein provided for cause proper ballots to be prepared for use at said election, and such ballots shall be in the following form: COMMONWEALTH OF VIRGINIA OFFICIAL BALLOT CITY OF ROANOKE SPECIAL ELECTION TUESDAY, APRIL 11, 1989 ROANOKE RIVER FLOOD REDUCTION PROJECT QUESTION: Shall the City of Roanoke contract a debt and issue its General Obligation Bonds in the maximum principal amount of Seven Million Five Hundred Thousand Dollars ($7,500,000) to finance, together with other available funds, the Roanoke River Flood Reduction Project, a needed permanent public improve- ment, including channel widening, construction of protective dikes or berms in critical areas, flood proofing of certain buildings at the Sewage Treatment Plant, replacement of low water bridges, construction of a recreational trail, acquisition and construction of a flood warning system and acquisition of real property for the foregoing, and shall Ordinance No. 29438, adopted by the Council of the City of Roanoke on February 6, 1989, authorizing the issuance of said bonds, be approved? YES NO 6. The ballot and the City's voting machines shall be prepared in conformity with the provisions of §24.1-165 and 6f Article 6, Chapter 7, Title 24.1, Code of Virginia (1950), as amended, respectively, and each voter shall vote in the manner prescribed by said statutes. Prepared, locked voting machi- nes and keys and voted absentee voters' ballots shall be delivered to the offi- cers of election for use in said election, in the same manner as prepared, locked voting machines and keys and voted absentee voters' ballots are delivered to the officers of election in regular elections. 7. The officers of election shall immediately after the closing of the polls lock and seal the voting machines against further voting and in the manner provided by general law count the ballots cast and determine and announce the results of the vote upon the question voted upon and make written return to the Electoral Board which, within two days following the election, shall make written return of the result of said election to the City Clerk, specifying the number of votes cast "YES" and the number of votes cast "NO" on the question voted upon. Said return shall be presented to the Council at its next regular meeting and shall be spread upon the journal; and pursuant to §§24.1-143 and 24.1-144, Code of Virginia (1950), as amended, the said officers of election shall further seal up the poll books, duplicate statement of results and ballots and by noon on the day following the election transmit the same to the Clerk of the Circuit Court for the City of Roanoke to be deposited in a secure place and safely kept for twelve months thereafter. 8. The City Clerk is hereby authorized and directed to forward as soon as practicable a certified copy of this ordinance as adopted by the Council to the State Board of Elections in accordance with §24.1-165, Code of Virginia (1950), as amended, and to the Electoral Board of the City. 9. In order to provide for the public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29440. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Education $57,833,657.00 Facilities (1-2) ................................................. 387,974.00 Revenue Capital Maintenance and Equipment Replacement Program - Schools - Unappropriated (3) .......................... $ 937,866.00 Grant Fund Appropriations Education Special Education Tuition (4) .................................... School Volunteer Program (5-17) .................................. $14,410,527.00 75,000.00 35,825.00 Revenue Education Special Education Tuition (18) ................................... School Volunter Program (19) ..................................... $14,410,527.00 75,000.00 35,825.00 (1) Audio Visual Equipment (2) Library Furn. (3) CMERP - Schools (4) Tuition (5) Coordinator (6) Social Security (7) Retirement (8) Health Ins. (9) Life Insurance (10) Indirect Charges (11) Printing (12) Postage (13) Telephone (14) Travel (15) Grant Evaluation (16) Supplies (17) Equipment (001-060-6004-6218-0821) (001-060-6004-6218-0822) (001-3324) (035-060-6561-6010-0306) (035-060-6948-6663-0138) (035-060-6948-6663-0201) (035-060-6948-6663-0202) (035-060-6948-6663-0204) (035-060-6948-6663-0205) (035-060-6948-6663-0212) (035-060-6948-6663-0351) (035-060-6948-6663-0521) (035-060-6948-6663-0523) (035-060-6948-6663-0554) (035-060-6948-6663-0584) (035-060-6948-6663-0601) (035-060-6948-6663-0822) $ 18,250.00 9,483.00 (27,733.00) 75,000.00 12,000.00 901.00 1,862.00 630.00 120.00 647.00 9,325.00 900.00 400.00 4,835.00 2,193.00 878.00 1,134.00 (18) State Grant Receipts (19) Federal Grant Receipts (035-060-6561-1100) (035-060-6948-1102) 75,000.00 35,825.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City C k Ma IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29441. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety $ Fire Program Grant - FY89 (1-2) .................................. 474,364.00 95,036.00 Revenue Public Safety $ Fire Program Grant - FY89 (3) .................................... 474,364.00 95,036.00 (1) Expendable Equip. (2) Training & Developement (3) State Grant Revenue (035-050-3217-2035) (035-050-3217-2044) (035-035-1234-7052) $82,536.00 12,500.00 95,036.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29442. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental $11,820,363.00 Transfers to Other Funds (1) ..................................... 1,214,870.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ................................ $ 2,067,657.00 Capital Fund Appropriations Parks and Recreation Park Improvements - Wasena, Washington, Eureka - (3-5) ........................................................... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (6) ....................... $ 1,213,292.00 400,000.00 7,001,002.00 6,158,224.00 Revenue Due from State - Outdoors Grant - Three Parks (7) ................. $ 200,000.00 (1) Transfer to Capital Projects Fund (2) CMERP - City (3) Appr. from General Revenue (4) Appr. from Bond Funds (5) Appr. from State Grant Funds (6) Public Improvement Bonds - Series 1988 (7) Due from State (001-004-9310-9508) (X001-3332) (008-050-9546-9003) (008-050-9546-9001) (008-050-9546-9007) (008-052-9603-9180) (X008-1238) $ 120,000.00 (120,000.00) 120,000.00 80,000.00 200,000.00 (80,000.00) 200,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED ¸9 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29443. A RESOLUTION authorizing the acceptance of a Virginia Outdoors Fund grant for park improvement projects and authorizing execution of required grant documents on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke accepts the offer made to the City by the Commonwealth of Virginia Division of Planning and Recreation Services of a Virginia Outdoors Fund grant for park improvement projects in the amount of $200,000.00; and 2. W. Robert Herbert, the City Manager, or Earl B. Reynolds, Assistant City Manager, or their respective successors are hereby authorized to execute, for and on behalf of the City, any and all required documents relative to the acceptance of the grant offer and implementation of the project. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29444. AN ORDINANCE authorizing the City Manager to contract with NCR Corporation to provide software maintenance and modification services to the City in connection with the City's public safety Computer Aided Dispatch System {CAD); and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to contract with NCR Corporation for the provision of software maintenance and modification services in connec- tion with the City's public safety Computer Aided Dispatch System {CAD), the term of such contract or contracts to be for a period of one year beginning on a date mutually agreed upon by NCR Corporation and the City, and the cost of which services shall not exceed $55,000.00, without further authorization of City Council. 2. The terms and conditions of the aforesaid contract or contracts are more particularly described in the attachments to the report of the City Manager, dated February 6, 1989, and such contract or contracts shall be in a form approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29445. AN ORDINANCE providing for lease of three motor vehicles for use by the Sheriff's Department, upon certain terms and conditions, by accepting bids made to the City for the lease of such vehicles; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Magic City Motor Corporation made to the City offering to lease to the City for use by the Sheriff's Department one new full size 4-door sedan at a monthly rental rate of $407.48 for a term of 48 months, is hereby ACCEPTED. 2. The bid of Dominion Car Company made to the City offering to lease to the City for use by the Sheriff's Department two new 8-passenger window vans at a monthly rental rate of $415.70, per unit, for a term of 48 months, is hereby ACCEPTED. 3. The City's Manager of General Services is hereby authorized and directed to issue any required purchase orders for the lease of such vehicles, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required lease agreement with respect to the aforesaid vehicles, any such agreement to be in such form as shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 1989. No. 29449. A RESOLUTION urging the 1989 Session of the General Assembly and the United States Congress to appropriate funding for a much-needed State nursing home for veterans to be located on a site to be donated by the City of Roanoke. WHEREAS, the City of Roanoke owns a parcel of land of approximately 16.8 acres located on Shenandoah Avenue, N. W., known as Veterans' Park, and the City is prepared to donate such property to the Commonwealth for construction of a State nursing home for veterans; WHEREAS, the 1989 Session of the General Assembly enacted Senate Bill 318, sponsored by Senators Macfarlane and Goode, which authorized the Governor to accept a deed to such property from the City; WHEREAS, the Commonwealth does not currently have a State veterans home, and thirty-four other states have such facilities; and WHEREAS, Council believes that the City's property adjacent to the Salem Veterans Administration Hospital is peculiarly suited to be the site for a State nursing home for veterans and that such facility would provide a much- needed level of less expensive health care for veterans which would be cost effective for the Federal and State governments; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol 1 ows: 1. Council urges the 1989 Session of the General Assembly and the United States Congress to appropriate funds for a much-needed State nursing home for veterans to be located on the site to be donated by the City of Roanoke. 2. The City Clerk is directed to forward an attested copy of this resolution to The Honorable John Warner, United States Senator; the Honorable Charles Robb, United States Senator; the Honorable James R. Olin, Member, House of Representatives; the Honorable J. Granger Macfarlane, Member, Senate of Virginia; the Honorable A. Victor Thomas, House of Delegates; and the Honorable Clifton A. Woodrum, III, Member, House of Delegates. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29446. AN ORDINANCE authorizing and directing the proper City officials to enter into a six month lease between the City and Roanoke Dyeing and Finishing, a Division of Twin City Textiles, Inc., for use of a portion of the Jefferson High School Shop, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby, authorized and directed to execute and attest, respectively, for and on behalf of the City of Roanoke, a lease in such form as is approved by the City Attorney, with Roanoke Dyeing and Finishing, a Division of Twin City Textiles, Inc., for use of a certain portion of Jefferson High School Shop as described in the Water Resources Committee's report of February 6, 1989, for a period of six months and yielding a monthly rental of $200.00 with lessee to bear the expense of electricity and other needed utilities for said premises. Such lease shall contain such other terms and conditions as are approved and required by the City Manager. ATTEST: City Clerk APPROVED Mayor 1 '0 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29447. AN ORDINANCE authorizing and directing the proper City officials to enter into a one-year lease between the City and the Commonwealth of Virginia Division of Historic Landmarks, for use of portions of Buena Vista Recreation Center, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby, authorized and directed to execute and attest, respectively, for and on behalf of the City of Roanoke, a lease in such form as is approved by the City Attorney, with the Commonwealth of Virginia Division of Historic Landmarks, for use of certain portions of Buena Vista Recreation Center as described in the Water Resources Committee's report of February 6, 1989, for a period of one year with an option to renew for one additional year upon approval of the City Manager and subject to such terms and conditions as the parties may mutually agree upon. Lessee shall bear the expense of telephone service, and the City shall furnish other utilities to said premises. There shall be no rental fee for such tenancy, and such lease shall contain such other terms and conditions as are approved and required by the City Manager. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29448. AN ORDINANCE granting revocable conditional permits for certain existing structures encroaching over and into the right-of-way of the south side of Patterson Avenue, S. W., Lot 21, Block 50, Map of West End and River View, bearing Official Tax No. 1313102, 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, Breakell, Inc., General Contractors, their grantees, assigns or successors in interest of the property at 2314 Patterson Avenue bearing Official Tax No. 1313102, within the City of Roanoke, to maintain an encroachment for a maximum period of the life of the structures, of a retaining wall 46' 6" long, two feet (2') into the right-of-way located adjacent to 2314 Patterson Avenue, S. W., including a footing extending an additional twelve inches (12")~ into the right-of-way, as more fully described in a report of the Water Resources Committee to this Council dated February 6, 1989, 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 and shall be valid for a maximum period until such buildings or structures are destroyed or removed and is subject to all the limitations contained in the aforesaid §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 revocable conditional permit, with respect to claims arising out of the maintenance 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. ATTE ST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29457. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY88 $1,837,601.00 Title IIA (1) ..................................................... 926,401.00 Title IIB (2) ..................................................... 510,822.00 Fifth District Employment & Training Consortium - FY89 ............. 1,835,897.00 Title IIA (3-23) .................................................. 1,391,272.00 Veterans (24-32) .................................................. 51,750.00 Project Image (33-40) ............................................. 177,000.00 Revenue Fifth District Employment & Training Consortium - FY88 $1,837,601.00 Title IIA (41) .................................................... 926,401.00 Title IIB (42-43) ................................................. 510,822.00 Fifth District Employment & Training Consortium - FY89 ............. 1,835,897.00 Title IIA (44-47) ................................................. 1,391,272.00 Veterans (48) ..................................................... 51,750.00 Project Image (49) ................................................ 177,000.00 (1) Funding Authority (034-054-8861-9990) $(206,994.00) (2) Funding Authority (034-054-8865-9990) 14,065.00 (3) Wages (034-054-8961-8350) 32,320.00 (4) Fringes (034-054-8961-8351) 7,414.00 (5) Supplies (034-054-8961-8355) 792.00 (6) Insurance (034-054-8961-8356) 413.00 (7) Cont. Services (8) Miscellaneous (9) Prec. Fabrics (10) ITT (11) Necessary Trading (12) Alleghany School (13) Roanoke College (14) Research Excell. (15) Tweeds (16) VWCC (17) Roanoke City (18) Dom. Business (19) VA Hair Academy (20) VCU - MCV (21) ACRT (22) Funding Authority (23) TAPS (24) Wages (25) Fringes (26) Supplies (27) Cont. Services (28) Wages (29) Fringes (30) Travel (31) Supplies (32) Funding Authority (33) Wages (34) Fringes (35) Wages (36) Fringes (37) Travel (38) Communications (39) Supplies (40) Funding Authority (41) Title IIA Training Revenue (42) Title IIB Admin. Revenue (43) Title IIB Training Revenue (44) Title IIA Training Revenue (45) Incentive Admin. Revenue (46) Incentive Prog. Revenue (47) Title IIA Admin. Revenue (48) Veterans Grant Revenue (49) Project Image Revenue (034-054-8961-8357) (034-054-8961-8360) (034-054-8961-8128) (034-054-8961-8139) (034-054-8961-8143) (034-054-8961-8158) (034-054-8961-8168) (034-054-8961-8169) (034-054-8961-8167) (034-054-8961-8192) (034-054-8961-8194) (034-054-8961-8917) (034-054-8961-8199) (034-054-8961-8200) (034-054-8961-8202) (034-054-8961-9990) (034-054-8961-8174) (034-054-8968-8010) (034-054-8968-8011) (034-054-8968-8015) (034-054-8968-8021) (034-054-8968-8050) (034-054-8968-8051) (034-054-8968-8052) (034-054-8968-8055) (034-054-8968-9990) (034-054-8972-8010) (034-054-8972-8011) (034-054-8972-8050) (034-054-8972-8051) (034-054-8972-8052) (034-054-8972-8053) (034-054-8972-8055) (034-054-8972-9990) (034-034-1234-8861) (034-034-1234-8877) (034-034-1234-8878) (034-034-1234-8961) (034-034-1234-8966) (034-034-1234-8967) 10,500.00 5,000.00 4,497,00 2,309.00 1,267.00 .3,000.00 869.00 89,250.00 8,855.00 2,258.00 575.00 2,175.00 449.00 650.00 24,000.00 100,709.00 (15,457.00) 8,234.00 1,628.00 138.00 350.00 14,900.00 1,862.00 945.00 400.00 23,293.00 9,487.00 1,294.00 56,370.00 7,046.00 878.00 350.00 950.00 100,625.00 (206,994.00) 2,110.00 11,955.00 189,016.00 14,684.00 83,210.00 (034-034-1234-8960) ( 5,.065.00) (034-034-1234-8968) (034-034-1234-8977) 51,750.00 177,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk PPRO,VE,D Mayor 103 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29458. A RESOLUTION accepting a John D. and Catherine T. MacArthur Foundation Grant for the Roanoke City Public Library. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant to the City of a John D. and Catherine T. MacArthur Foundation Grant in the form of a video collection valued at approximately $6,300.00, to be used by the Roanoke City Public Library is hereby ACCEPTED. 2. That W. Robert Herbert, City Manager, or his designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29459. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 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 Government $ 7,876,992.00 Billings and Collections (1) ..................................... 743,731.00 Public Safety 24,115,577.00 Police Investigation (2) ......................................... 1,798,335.00 Building Inspections (3) ......................................... 649,445.00 Public Works 18,164,704.00 Signals and Alarms (4) ........................................... 741,990.00 Communications (5) ............................................... 1,479,085.00 Health and Welfare 11,347,479.00 Nursing Home (6) ................................................. 1,127,723.00 Social Services (7) .............................................. 3,998,695.00 104 Fund Balance Capital Maintenance Equipment and Replacement Program - City Unappropriated (8) ................................ $ 2,097,172.00 Internal Service Fund Appropriations Management Services $ 425,027.00 Capital Outlay (9) ............................................... 54,844.00 Retained Earnings Retained Earnings - Unrestricted (10) ............................ $ 1,626,249.00 (1) Vehicle Equl (2) Vehicle Equl (3) Vehicle Equl (4) Vehicle Equl (5) Vehicle Equl (6) Vehicle Equ~ (7) Vehicle Equ~ (8) CMERP City (9) (10) Retained Earnings - Unrestricted )ment (001-004-1232-9010) )ment (001-004-1232-9010) )ment (001-004-1232-9010) )ment (001-004-1232-9010) )ment (001-004-1232-9010) )ment (001-004-1232-9010) )ment (001-004-1232-9010) (001-3332) Vehicle Equipment (001-004-1232-9010) (006-3326) $ 8,566.00 84,595.00 11,209.00 14,366.00 8,566.00 15,701.00 23,927.00 (166,930.00) 12,378.00 (12,378.00) 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 February, 1989. No. 29460. AN ORDINANCE accepting bids for certain vehicular equipment; rejecting 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price 105 i & 2 - New midsize sedans R.K. Chevrolet, Inc. $ 28,339.86 2 i - New full size sedan 3 i - New midsize station Allred Chevrolet, $ 11,549.00 wagon Inc. 4 & i - New 4-wheel drive Berglund Chevrolet, $ 100,294.66 6 station wagon Inc. 8 - New unmarked police sedans 5 2 - New seven-passenger World of Ford Sales, $ 24,756.00 mini vans Inc. 7 i - New heavy duty cargo Magic City Ford $ 14,365.54 van 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's speci- fications, the respective bids made therefor and in accordance with this ordi- nance. 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 ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29461. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Health and Welfare $11,323,132.00 Nursing Home (1) ................................................. 1,127,303.00 106 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ................................ $ 2,159,551.00 (1) Other Equipment (001-054-5340-9015) $ 15,281.00 (2) CMERP - City (001-3332) (15,281.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29462. AN ORDINANCE providing for the purchase of a compact diesel tractor with snowplow assembly, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Mountcastle Ford Tractor Sales, Inc., made to the City offering to furnish and deliver to the City, one new compact diesel tractor with snowplow assembly, for the sum of $15,281.00, 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 ordinance. 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 107 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29463. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Works $18,204,151.00 Street Maintenance (1) ........................................... 2,814,502.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ................................ $ 2,097,172.00 (1) Other Equipment (2) CMERP - City (001-052-4110-9015) $ 62,379.00 (001-3332) (62,379.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29464. AN ORDINANCE accepting a bid for furnishing one new articulating loader to the City; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Baker Brothers, Inc., to furnish one new articulating loader with spare tires and wheels, for the total cost, including performance bond, of $62,379.00, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order for said equipment, in accordance with the City's specifications, the bidder's proposal made therefor, and in accordance with this ordinance. 3. Any and all other bids made to the City for the supply of said equipment 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 its bid. 108 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: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29465. AN ORDINANCE authorizing execution by the City Manager of a contract setting forth the responsibilities and obligations of each party regarding a new facility to be constructed in the City and for certain public off-site improve- merits to be made by the City; and providing for an emergency. WHEREAS, Cova Corporation, a wholly-owned subsidiary of United Parcel Service of America, Inc. (hereinafter referred to as "Cova"), desires to construct a new facility in the City of Roanoke at a cost of approximately $20,500,000; and WHEREAS, Thirlane Road, N. W., which will serve the facility is currently not suitable for industrial/commercial traffic and needs to be realigned and upgraded. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are authorized to execute and to seal and attest, respectively, for and on behalf of the City, a contract with Cova Corporation, a wholly-owned subsidiary of United States Parcel Service of America, Inc., which contract shall set forth the terms and conditions upon which Cova will construct its facility, and upon which the City will provide certain off-site improvements in the nature of realigning and upgrading Thirlane Road, N. W., and pro viding water and sewer extensions to the boundary of the site of the new facility; and any other terms and conditions deemed appropriate by the City Manager; such contract, a copy of which is attached to the report of the City Manager, dated February 13, 1989, to be upon form 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 PPROVED 109 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29466. AN ORDINANCE authorizing the City Manager to file an application with the Virginia Department of Transportation for $450,000 in Industrial Access Road Funds to provide industrial access by realignment and reconstruction of Thirlane Road, N. W., to serve a new industry in the City; setting out the need therefor; making provision for furnishing the necessary rights-of-way therefor and for the adjustment of utilities; assuring that the City will maintain said upgraded roadway; and providing for an emergency. WHEREAS, the Cova Corporation, a wholly-owned subsidiary of United Parcel Service of America, Inc. (hereinafter referred to as "Cova"), has contracted to construct a new facility in the City on a site presently unserved by an improved public right-of-way suitable for industrial/commercial traffic; and WHEREAS, there is adjacent to the site to be developed by Cova a substantial quantity of other similar land suitable for industrial development, which other land can be made available for such purposes, provided adequate means of access and necessary utilities and other public services are made available in the area; and WHEREAS, the nature of the business operations of Cova involve the use of substantial numbers of heavy motor vehicles as well as numerous smaller vehicles, all of which will result a larger volume of heavy traffic load on the industrial access road needed for this business; and WHEREAS, §33.1-221, Code of Virginia (1950), as amended, provides legislative authority for the use of certain public funds by the Virginia Department of Transportation for constructing or improving access roads to com- mercial and industrial sites on which manufacturing, processing or other establishments are or will be constructed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized and directed to file an application with the Virginia Department of Transportation for up to $450,000 in Industrial Access Road Funds for the Cova Project, pursuant to the provisions of §33.1-221, Code of Virginia (1950), as amended, for the realignment and reconstruction of Thirlane Road, N. W., to provide access to the new site of this business. 2. This Council, in making the aforementioned authorization, hereby assures and guarantees the Commonwealth of Virginia Transportation Board that the City will, if such project be approved, provide adequate rights-of-way and for the adjustment of existing utilities which might be affected by said pro- ject, the cost of such rights-of-way and for the adjustment of existing utili- ties to be paid for by the City from funds appropriated by the Council for the purpose; and that the City will, after realignment and reconstruction of Thirlane Road, assume maintenance of the same. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED 110 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29467. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 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 (1) ..................................................... $ Office of Management & Budget (2) .................................. Economic Development/Grants (3) .................................... City Attorney (4) .................................................. Finance (5) ........................................................ 1 Billings & Collections (6) ......................................... Registrar (7) ...................................................... Real Estate Valuation (8) .......................................... Treasurer (9) ...................................................... Commissioner of Revenue (10) ....................................... Sheriff (11) ....................................................... 1 Commonwealth Attorney {12) ......................................... Clerk of Circuit Court (13)'. ....................................... General Services (14) .............................................. Director of Administration & Public Safety (15) .................... Personnel Management {16) .......................................... Police Administration (17) ......................................... Police Investigation (18) .......................................... 1 Police Patrol (19) ................................................. 5 Police Services (20) ............................................... 1 Fire Administration (21) ........................................... Fire Tech Services (22) ............................................ Fire Operations (23) ............................................... Fire Training & Safety (24) ........................................ Animal Control (25) ................................................ Grounds Maintenance (26) ........................................... Parks & Recreation (27) ............................................ Building Inspections (28) .......................................... Street Maintenance (29) ............................................ Communications (30) ................................................ Refuse Collection (31) ............................................. Engineering {32) ................................................... Building Maintenance (33) .......................................... Director of Human Resources (34) ................................... Juvenile Probation House (35) ...................................... Social Services - Administration (36) .............................. Food Stamps (37) ................................................... Income Maintenance (38) ............................................ Social Services - Services (39) .................................... Employment Services (40) ........................................... Libraries (41) ..................................................... Community Education (42) ........................................... Circuit Court (43) ................................................. Personnel Lapse (44) ............................................... 238,107.00 302,507.00 273,422.00 488,629.00 ,368,330.00 731,015.00 165,981.00 629,364.00 654,604.00 731,407.00 ,171,964.00 526,827.00 746,230.00 523,286.00 97,206.00 504,770.00 123,751.00 ,709,740.00 ,220,141~00 ,433,947.00 232,194~00 239,699.00 8,101,735.00 90,602~00 218,371~00 2,889,060~00 1,193,455~00 635,236.00 2,749,123.00 1,466,519.00 3,398,386.00 1,081,725.00 2,965,650.00 131,108.00 295,938.00 778,067.00 419,057.00 2,480,632.00 3,959,768.00 480,136.00 1,507,521.00 34,249.00 138,629.00 (275,000.00) Revenue Commissioner of Revenue (45) ....................................... $ Treasurer (46) ..................................................... Sheriff (47) ....................................................... 206,106.00 245,779.00 953,247.00 .lll Commonwealth Attorney (48) ......................................... $ 400,066.00 Juvenile Facilities Block Grant (49) ............................... 941,542.00 Public Assistance Admin. & Staff Development (50) .................. 3,227,237.00 Food Stamp Authorization (51) ...................................... 362,882.00 Employment Services (52) ........................................... 434,035.00 Internal Service Fund Appropriations Regular Employee Salaries (53) .................................... $ 1,914,731.00 Regular Employee Salaries (54) ..................................... 149,793.00 Regular Employee Salaries (55) ..................................... 2,643,103.00 Regular Employee Salaries (56) ..................................... 1,708,179.00 Personnel Lapse (57) ............................................... ( 50,000.00) (1) Regular Employee (2) Regular Employee (3) Regular Employee (4) Regular Employee (5) Regular Employee (6) Regular Employee (7) Regular Employee (8) Regular Employee (9) Regular Employee (10) Regular Employee (11) Regular Employee (12) Regular Employee (13) Regular Employee (14) Regular Employee (15) Regular Employee (16) Regular Employee (17) Regular Employee (18) Regular Employee (19) Regular Employee (20) Regular Employee (21) Regular Employee (22) Regular Employee (23) Regular Employee (24) Regular Employee (25) Regular Employee (26) Regular Employee (27) Regular Employee (28) Regular Employee (29) Regular Employee (30) Regular Employee (31) Regular Employee (32) Regular Employee (33) Regular Employee (34) Regular Employee (35) Regular Employee (36) Regular Employee (37) Regular Employee (38) Regular Employee (39) Regular Employee (40) Regular Employee (41) Regular Employee (42) Regular Employee (43) Regular Employee (44) Personnel Lapse (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) 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 Salaries Commissioner of Revenue Treasurer Sheriff Commonwealth Attorney Juv. Facilities Blk Grant Public Asst. Admin. & Staff Development Food Stamp Authorization Employment Services Regular Employee Salaries Regular Employee Salaries (001-001-1120-1002) $(1,000.00) (001-002-1212-1002) (1,500.00) (001-002-8120-1002) 1,950.00 (001-003-1220-1002) (7,000.00) (001-004-1231-1002) 4,150.00 (001-004-1232-1002) (4,150.00) (001-010-1310-1002) 78.00 (001-022-1235-1002) 425.00 (001-020-1234-1002) (18,500.00) (001-022-1233-1002) (4,000.00) (001-024-2140-1002) (5,600.00) (001-026-2210-1002) (20,000.00) (001-028-2111-1002) (5,500.00) (001-050-1237-1002) (2,000.00) (001-050-1260-1002) (1,400.00) (001-050-1261-1002) (20,000.00) (001-050-3111-1002) 90.00 (001-050-3112-1002) (4,000.00) (001-050-3113-1002) (87,319.00) (001-050-3114-1002) (10,000.00) (001-050-3211-1002) ( 6,000.00) (001-050-3212-1002) 19,000.00 (001-050-3213-1002) (35,500.00) (001-050-3214-1002) (24,000.00) (001-050-3530-1002) (15,000.00) (001-050-4340-1002) (22,000.00) (001-050-7110-1002) 1,385.00 (001-052-3410-1002) (3,000.00) (001-052-4110-1002) (3,000.00) (001-052-4130-1002) (4,000.00) (001-052-4210-1002) (15,000.00) (001-052-4310-1002) (6,000.00) (001-052-4330-1002) 2,425.00 (001-054-1270-1002) 110.00 (001-054-3350-1002) (4,500.00) (001-054-5311-1002) (5,000.00) (001-054-5312-1002) (3,000.00) (001-054-5313-1002) (15,000.00) (001-054-5314-1002) (15,000.00) (001-054-5316-1002) (4,500.00) (001-054-7310-1002) (5,000.00) (001-054-8170-1002) 1,155.00 (001-072-2110-1002) 1,048.00 (001-002-9410-1090) 275,000.00 (001-020-1234-0612) (2,000.00) (001-020-1234-0613) (9,250.00) (001-020-1234-0611) (5,600.00) (001-020-1234-0610) (20,000.00) (001-020-1234-0652) 2,997.00 (001-020-1234-0676) (001-020-1234-0677) (001-020-1234-0681) (006-050-1601-1002) (006-050-1613-1002) (28,000.00) (2,400.00) (3,600.00) (1,5oo.oo) (3,500.00) (55) Regular Employee Salaries (56) Regular Employee Salaries (57) Personnel Lapse (006-056-2625-1002) (006-052-2641-1002) (006-002-9411-1090) $(30,000.00) (15,000.00) 50,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED Mayo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29470. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Streets and Bridges $ 4,431,184.00 Orange Ave. & Granby Street (1-2) ................................ 176,000.00 Traffic Engineering 1,216,625.00 Traffic Signals - General (3) .................................... 496,034.00 Fund Balance Fund Balance - Unappropriated (4) ................................ $ 1,121,627.00 (1) Appr. from Bonds (2) Appr. from General Revenue (3) Appr. from General Revenue (4) Fund Balance - Unappropriated (008-052-9627-9001) (008-052-9627-9003) (008-052-9560-9003) (008-3325) $ 150,000.00 26,000.00 (26,000.00) (150,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor .... 113 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of February, 1989. No. 29471. AN ORDINANCE accepting the bid of H. & S. Construction Company, of Roanoke, Virginia, for certain intersection improvements at Orange Avenue and Granby Street, N. E., as well as an additional signal for a commercial site, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H. & S. Construction Company, of Roanoke, Virginia, in the total amount of $159,714.82, for certain intersection improvements at Orange Avenue and Granby Street, N. E., 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. The City Manager or the Assistant City Manager and the City Clerk are further hereby authorized on behalf of the City to execute and attest, respectively, appropriate contract documents with the successful bidder, in form approved by the City Attorney, providing for alternate work for an additional signal for a commercial site in the amount of $40,143.50, provided that the com- mercial site owner pays the City $42,200.00 within thirty (30) days of the date of this ordinance and posts bond within thirty (30) days of the date of this ordinance to insure that road improvements are constructed to the site within six (6) months of the date of this ordinance, as more particularly set forth in a report to this Council dated February 13, 1989. 4. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: ~~ City Clerk Mayor 114 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29450. 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, French H. Hagy 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 February 13, 1989, 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 o£ Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A certain 12-foot wide alley extending in a northwesterly direction from East Gate Avenue, N. E., for a distance of 125 feet, situated between Official Tax Nos. 3230910 and 3230911. 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, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities 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 pur- poses at the time such work is undertaken; such easement or easements to ter- minate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or uti- lity 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. 115 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 French H. Hagy, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29451. AN ORDINANCE permanently, vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly descri bed hereinafter. WHEREAS, Roanoke Country Club, 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 February 13, 1989, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: All of Thirty-sixth (36th) Street, N. W., from its point of beginning adjacent to the south right- of-way line of Densmore Road, N. W. (extended) to its terminus approximately 135 feet south of Densmore Road, N. W. at the north boundary line of the property of Roanoke Country Club, Inc., which property bears Official Tax No. 2671006. 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, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the main- tenance 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 116 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 utility 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 Roanoke Country Club, Inc., and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not become effective until such time as a plat of subdivision has been submitted to the City, accepted and approved, and recorded by the applicant, which shall show the com- bination of Official Tax Nos. 2671005 and 2671006 with the portion of 2671009 which property the applicant proposes to purchase. APPROVED ^-r-rEs-r: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29452. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 709, 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 RS-3, Single-Family Residential and LM, Light Manufacturing District, to RM-2, Residential Multi-Family, Medium Density District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on February 13, 1989, 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. 709 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as those two parcels of land situate between King Street and U.S. Route 460, containing in the aggregate 2.809 acres, more or less, and being portions of Official Tax No. 7090521, the first of which is currently zoned RS-3, Residential SingleFamily District, containing 1.206 acres; the second of which is currently zoned LM, Light Manufacturing District, con- taining 1.603 acres, and more particularly described as follows: 117 Parcel One BEGINNING at a concrete monument on the southerly right-of-way of U.S. Route 460, designated Number 1, said point being the northwesterly corner of New Tract B, Hickory Woods Subdivision, recorded in Map Book 1, Page 577; thence S. 84° 04' 15" E. 88.88 feet to a point, designated, No. 22; thence S. 15° 30' 30" E. 160.25 feet to a point, designated Number 18, being the northeasterly corner of Charles L. and Edna L. McGee property; thence with the northerly line of the McGee property, S. 57° 24' W. 209.79 feet to a point, designated No. 19, said point being the southeasterly corner of pro- perty formerly owned by John C. Glasgow, et al; thence with the easterly line of the Glasgow pro- perty, N. 32° 36' W. 235.00 feet to a point, desig- nated No. 20, on the southerly right-of-way of U.S. Route 460, said point being the northeasterly corner of the Glasgow property; thence with the southerly right-of-way of U. S. Route 460, the following, N. 57° 24' E. 154.16 feet to a point, designated No. 21; thence S. 84° 04' 15" E. 42.51 feet to the Point of BEGINNING, and containing 1.206 acres. Parcel Two BEGINNING at a concrete monument on the southerly right-of-way of U. S. Route 460, said point, designated Number 1, being the northwesterly corner of New Tract B, Hickory Woods Subdivision, recorded in Map Book 1, Page 577; thence with the common line between New Tract A, and New Tract B the following S. 84° 04' 15" E. 88.88 feet to a point, designated Number 22; thence S. 15° 30' 30" E. 62.83 feet to a point, designated Number 23; thence N. 74° 29' 30" E. 90.14 feet to the true Point of BEGINNING; thence continuing with the common line between New Tract A and New Tract B the following N. 74° 29' 30" E. 25.00 feet to a point, designated Number 24; thence S. 73° 35' 30" E. 261.67 feet to a point; designated Number 25; thence S. 55° 52' 15" W. 45.00 feet to a point, designated Number 26; thence S. 29° 06' E. 101.52 feet to a point, designated Number 27; thence N. 73° 22' 15" E. 305.00 feet to a point, designated Number 28; thence S. 78° 37' 45" E. 324.54 feet to a point, designated Number 29; thence S. 33° 37' 45" E. 181.56 feet to a point, designated Number 30, said point being the southeasterly corner of New Tract A; thence continuing with the common line of New Tract A and New Tract B, S. 56° 22' 15" W. 40.00 feet to a point; thence leaving the line between New Tract A and New Tract B and following along the existing zoning line through New Tract A the following, N. 33° 37' 45" W. 165.00 feet to a point; thence N. 78° 37' 45" W. 298.00 feet to a point; thence S. 73° 22' 15" W. 425.17 feet to a point; thence N. 34° 07' 14" W. 310.16 feet to the true Point of BEGINNING, and containing 1.603 acres; designated on Sheet No. 709 of the Sectional 1976 Zone Map, City of Roanoke, as portions of Official Tax No. 7090521 be, and are hereby rezoned from RS-3, Single-Family Residential and LM, Light Manufacturing District, to RM-2, Residential Multi-Family, Medium Density District, and that Sheet No. 709 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED Mayor 118 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29453. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 102, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-1, Office District, to RM-4, Residential Multi-Family High Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on February 13, 1989, 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. 102 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 100 block of Elm Avenue, S.W., containing approximately .34 acres, more or less,, designated on Sheet No. 102 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1021005, 1021006 and 1021007 be, and is hereby rezoned from C-1, Office District, to RM-4, Residential Multi-Family High Density District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on December 14, 1989, and that Sheet No. 102 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29454. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single-Family, Medium Density 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 on said application by the City Council at its meeting on February 13, 1989, 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. 243 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 2416 Clifton Avenue, N. W., Lot 36, Block 2, Map of Villa Heights, designated on Sheet No. 243 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2430806 be, and is hereby rezoned from RS-3, Residential Single-Family, Medium Density District, to RM-1, Residential Multi-Family, Low Density District, subject to those con- ditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on November 16, 1988, and that Sheet No. 243 of the Zone Map be changed in this respect. APPROVED ATTEST '~ C~i y C~le'rX Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29455. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 165, 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, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on February 13, 1989, 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. 165 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 2920 Sweetbriar Avenue, S. W., designated on Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1651004, 1651005 and 1651006 be, and is hereby rezoned from RS-3, Residential Single-Family, Medium Density District, to C-1, Office District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on December 12, 1988, and that Sheet No. 165 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED 121 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29456. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 421, 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 LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on February 13, 1989, 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. 421 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 north of Wise Avenue, S. E., at the intersection of 18th Street, S. E., being the rear portions of two lots in Block 36 and a strip between Lots 35 and 36, McDonald Addition, designated on Sheet No. 421 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4210235, 4210237 and 4210238 be, and is hereby rezoned from RM-1, Residential Multi-Family, Low Density District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on January 13, 1989, and that Sheet No. 421 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED ~~--~ ~Miyor~ 122 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29468. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropri ati ons Sanitation Williamson Road Retention Basin (1) .............................. Capital Improvement Reserve Public Improvement Bonds - Series 1988 (2) ....................... $ 6,813,618.00 145,000.00 6,943,502.00 6,093,224.00 (1) Appr. from Bonds (2) Storm Drains (008-052-9622-9001) (008-052-9603-9176) $ 145,000.00 (145,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29469. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Williamson Road Storm Drain Phase II, Contract I-D; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the needed real estate; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Williamson Road Storm Drain Phase II, Contract I-D, including certain sanitary sewer improvements, in this City, the City wants and needs a 4.5 acre parcel of real estate, as more particularly described as follows: 4.496 Acre Parcel A parcel of property situate on the westerly side of Interstate 581 in the City of Roanoke, Virginia. Being a portion of the land commonly known as the Huff Estate, as described in Roanoke City Deed Book 1422, page 827, and Roanoke City Deed Book 1422, page 829, and being more particularly described as follows: BEGINNING at an iron pin set on the westerly right- of-way line of Interstate 581, thence with said right-of-way line S. 48° 46' 48" E., 201.20 feet to a concrete monument found, thence S. 41° 34' 11" E., 151.38 feet to a concrete monument found, thence S. 55° 59' 26" E., 117.65 feet to an iron pin set, thence leaving said right-of-way line with new division lines S. 17° 18' 48" W., 345.00 feet to an iron pin set, thence N. 69° 54' 21" W., 480.00 feet to an iron pin set, thence N. 23° 13' 12" E., 518.00 feet to the Point of BEGINNING of this description and containing 4.496 acres, more or less, as more particularly set forth on "Plat of Survey for the City of Roanoke Showing the Subdivision of a 27.966 acre Tract Property of Dominion Trust Co. et al," dated April 5, 1988, a copy of which is incorporated herein by reference. and a twenty fol 1 ows: (20) foot roadway easement, ROADWAY EASEMENT more particularly described as TOGETHER with a new 20' roadway easement BEGINNING at the southwest corner of the above-mentioned tract. Being entirely north of a line N. 77° 02' 30" W., 527.56 feet to a point in the center of an existing roadway, thence continuing with the new 20' roadway easement, being 10 feet on each side of the aforesaid existing roadway, thence with the existing roadway S. 0° 47' 11" E., 121.52 feet, thence S. 1° 58' 01" W., 100.75 feet to a point at the centerline of an existing 30' entrance easement to the Huff Estate, thence continuing with the cen- terline of the said 30' entrance easement S. 04° 53' 00" W., 282.58 feet, S. 25° 45' 00" E., 155.62 feet, S. 26° 06' 00" E., 165.10 feet, S. 25° 45' 00" E., 140.58', S. 15° 15' 00" W., 881.87 feet to the right-of-way line of Andrews Road, as more par- ticularly set forth on "Plat of Survey for the City of Roanoke Showing the Subdivision of a 27.966 acre Tract Property of Dominion Trust Co. et al," dated April 5, 1988, a copy of which is incorporated herein by reference; together with a thirty (30) foot storm drain easement, more particularly described as follows: STORM DRAIN EASEMENT A certain 30' permanent storm drain easement across a parcel of property lying east of Interstate 581 and bearing Roanoke City Official Tax No. 2370102, as more particularly described on Roanoke City Plan No. 5829-I-A, dated February 16, 1988, a copy of which is incorporated by reference herein. TOGETHER with a temporary construction easment as shown on Roanoke City Plan No. 5829-I-A. TOGETHER with the right of ingress and egress in and upon the above-described easement area for any and all of the purposes aforesaid; 123 124 together with temporary construction easements and rights of ingress and egress, and shown on attachements to the report of Water Resources Committee, dated February 6, 1989, 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 real estate and necessary easements with appropriate ancillary rights with respect to the property, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory gui del i nes. 2. The City Manager is directed to offer on behalf of the City to the owners of the aforesaid real estate and necessary easements such consideration as he deems appropriate for the real estate and necessary easements with appropriate ancillary rights, provided, however, the total consideration offered or expended to the owners shall not exceed $145,000.00 without further authori- zation of Council. Upon the acceptance of the offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to reach an agreement with the owners of the real estate to be acquired or over which an easement is required, regarding the matters described in the above paragraph, or should any owner be a person under a disability and lacking capacity to convey real estate, or should the whereabouts of all of the owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the owners. 5. The City Clerk is directed to mail a copy of this ordinance to the property owners identified in the attachments to the report of the Water Resources Committee, dated February 6, 1989. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 1989. No. 29472. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Traffic Engineering $ 1,552,625.00 Street Lighting (1) .............................................. 310,000.00 Fund Balance Fund Balance - Unappropriated (2) ................................. $ 1,271,627.00 (1) Appr. from General Revenue (2) Fund Balance - Unappropriated (008-052-9626-9003) (008-3325) $ 310,000.00 (310,000.00) 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 21st day of February, 1989. No. 29473. AN ORDINANCE authorizing the purchase by the City of certain required street lighting equipment for portions of Hershberger Road and Aviation Drive, 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 hereby authorized and directed to issue the requisite purchase orders for purchase by the City from Appalachian Power Company certain poles and lights in connection with the proposed lighting plan for certain portions of Hershberger Road and Aviation Drive, and to provide for the cost of construction of such facilities as more specifically set forth in the report to this Council dated February 21, 1989. 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 27th day of February, 1989. No. 29474. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Education $14,334,471.00 Drug Free Schools 1988-89 (1-7) .................................. 34,769.00 Revenue Education $14,334,471.00 Drug Free Schools 1988-89 (8) .................................... 34,769.00 (1) Social Security (2) Consultant (3) Printing (4) Coordinator (5) Travel (6) Stipends (7) Audio Visual Materials (8) Federal Grant Receipts (035-060-6949-6306-0201) (035-060-6949-6306-0313) (035-060-6949-6306-0351) (035-060-6949-6306-0381) (035-060-6949-6306,0554) (035-060-6949-6306-0581) (035-060-6949-6306-0821) (035-060-6949-1102) $ 780.00 1,000.00 2,169.00 5,620.00 7,600.00 7,400.00 10,000.00 34,769.00 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 27th day of February, 1989. No. 29475. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Works Refuse Collection (1) ............................................ $18,413,505.00 3,685,119.00 Fund Balance Capital Maintenance & Equipment Replacement Program- City Unappropriated (2) .......................................... $ 1,783,099.00 (1) Vehicle Equipment (2) CMERP City (001-052-4210-9010) (001-3332) $ 271,733.00 (271,733.00 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 February, 1989. No. 29476. AN ORDINANCE accepting bids for refuse trucks; rejecting 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price 3 new refuse truck cab/ chassis delivered to body manufacturer and including performance bond Fulton Trucks, Inc. $ 204,057.00 2 3 new 20 cu. yd. rear load- ing high compaction refuse bodies to be mounted on Item #1, delivered FOB Roanoke, Virginia, and in- cluding performance bond First Piedmont Corporation $ 67,676.00 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifi- cations, the respective bids made therefor and in accordance with this ordi- nance. 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. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of February, 1989. No. 29477. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Works $18,204,852.00 Street Maintenance (1) ........................................... 2,815,203.00 Fund Balance Capital Maintenance & 'Equipment Replacement Program- City Unappropriated (2) .......................................... $ 1,991,752.00 (1) Other Equipment (2) CMERP City (001-052-4110-9015) (001-3332) $ 63,080.00 (63,080.00) 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 27th day of February, 1989. No. 29478. AN ORDINANCE providing for the purchase of one new vacuum catch basin cleaner to be mounted on existing truck cab/chassis for use by the City, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; and rejecting the other bid made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of MSC Equipment, Inc., made to the City offering to fur- nish and deliver to the City, f.o.b., Roanoke, Virginia, one (1) new vacuum catch basin cleaner to be mounted on existing truck cab/chassis, for the sum of $63,080.00, 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. The other bid made to the City for said equipment is hereby REJECTED; and the City Clerk is directed to so notify such bidder and to express the City's appreciation for such bid. 129 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 27th day of February, 1989. No. 29479. A RESOLUTION approving the installation of a partial fire sprinkler system in the City Jail as directed by the State Fire Marshal and requesting reimbursement of one-half of the project costs from the State Department of Corrections. WHEREAS, expansion of the City Jail was authorized by City Council on the 22nd day of July, 1985, by Ordinance No. 27691; WHEREAS, said expansion was completed and placed in use; and WHEREAS, the State Fire Marshal, at the time of his final inspection, directed that a partial sprinkler system be added to the facility at a total additional cost of $6,906.00; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs with the need to add the partial sprinkler system as directed by the State Fire Marshal. 2. Pursuant to §53.1-80, Code of Virginia (1950), as amended, the Board of Corrections of the Commonwealth of Virginia is requested to provide reimbursement to the City for one-half of the cost of such partial sprinkler system installation. ATTEST: ~ ~C1 ty Clerk APPROVED 130 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of February, 1989. No. 29480. A RESOLUTION approving the Roanoke Regional Airport Commission budget for FY 1989-1990, upon certain terms and conditions. WHEREAS, Section 24B 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 provides that the Commission shall pre- pare 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 14, 1989, 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 1989-1990 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby approves the FY 1989-1990 budget for the Roanoke Regional Airport Commission: EXPENDITURE PROJECTIONS Current Proposed 1988-89 1989-90 Operations and Maintenance A. Salaries, Wages and Benefits B. Operating Expenditures C. Internal Services 565,458 $ 851,307 527,032 791,137 649,436 574,300 Total Operations and Maintenance $1,741,926 $2,216,744 Non-Operatin9 Expenses A. Interest $ 107,412 $ 648,780 B. Depreciation 593,465 580,366 Total Non-Operating Expenses $ 700,877 $1,229,146 Capital from Revenue A. Equipment B. Projects Total Capital from Revenue TOTAL EXPENDITURE PROJECTIONS $ 17,020 $ 73,800 204,541 165,000 $ 221,561 $ 238,800 $2,664,364 $3,684,690 Operating Revenue Terminal Building: A. Concessions B. Advertising C. Building Rentals D. Privilege Fees Airfield: A. Landing Fees B. Miscellaneous Parking Lot: Building and Equipment: Other: TOTAL OPERATING REVENUE REVENUE PROJECTIONS Current Proposed 1988-89 1989-90 $ 809,288 $ 866,401 24,664 25,404 202,600 742,431 7,954 8,192 $ 400,449 $ 771,852 48,827 175,078 $ 819,511 $ 877,860 $ 174,516 $ 179,751 $ 12,275 $ 12,643 $2,500,084 $3,659,612 Non-Operating Revenue Interest on Investment: $ 53,035 $ 42,224 TOTAL REVENUE PROJECTIONS $2,553,119 $3,701,836 and the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City, documentation, in form approved by the City Attorney, necessary to evidence said approval. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of February, 1989. No. 29481. AN ORDINANCE accepting the bid of H. Hamner Gay & Company, Inc., for construction of alterations to aeration and nitrification basins at the Water Pollution Control Plant, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H. Hamner Gay & Company, Inc., made to the City in the total amount of $123,000.00 for construction of alterations to aeration and nitrification basins at the Water Pollution Control Plant such bid being in full compliance with the City's plans and specifications made therefor and as pro- vided 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. City Clerk APPROVED Ma~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1989. No. 29482. A RESOLUTION approving the plan of financing of the City of Roanoke Redevelopment and Housing Authority relating to the Brittany Apartments for the benefit of Lee Howard Partnership III, a Virginia general partnership to be formed in which at least a majority of the partnership interests will be owned by Edwin Jacobson, Fred Jacobson and Hyman Cohen, to the extent required by Section 147(f) of the Internal Revenue Code of 1986, as amended and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended. WHEREAS, the City of Roanoke Redevelopment and Housing Authority (the Authority) has considered the application of Lee Howard Partnership III, a Virginia general partnership to be formed in which at least a majority of the partnership interests will be owned by Edwin Jacobson, Fred Jacobson and Hyman Cohen, (the Company), requesting the issuance of one or more of the Authority's revenue bonds or notes (the Bonds) in an amount not to exceed $4,500,000 to assist in the financing of the acquisition, rehabilitation and equipping of a 300-unit apartment complex (the project) known as Brittany Apartments, which is located at 410 West Side Boulevard, N. W., in the City of Roanoke, Virginia (the City), and which will be owned and operated by the Company, and has held a public hearing thereon on February 27, 1989. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code) provides that the governmental unit having jurisdiction 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, the Project is to be located in the City and the Council of the City {the Council) constitutes the highest elected governmental officials in 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, subject to the terms to be agreed upon, 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 recitals in the first preamble to this Resolution are hereby adopted as a part of this Resolution. 2. The Council approves the financing of the Project and the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code), to permit the Authority to assist in the financing of the Project. 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds, the creditworthiness of the Company or the financial viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the Commonwealth), the City nor the Authority shall be obligated to pay the Bonds of the interest thereon or other costs inci- dent thereto except from the revenues and moneys pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. For purposes of Section 36-19(9) of the Code of Virginia of 1950, as amended, the Council approves the loan of the proceeds of the Bonds by the Authority to the Company (or to such other person or persons as the Company may designate) to finance the Project and thereby assist in planning, developing, acquiring, constructing, rehabilitating and equipping residential buildings. 5. The Authority is hereby authorized to submit an application to the Virginia Department of Housing and Community Development requesting an alloca- tion of the "state ceiling" pursuant to Section 15.1-1399.10 et seq. of the Code of Virginia of 1950, as amended. 6. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk APPROVED' Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1989. No. 29483. A RESOLUTION approving the plan of financing of the City of Roanoke Redevelopment and Housing Authority relating to the Woodridge Apartments for the benefit of Lee Howard Partnership III, a Virginia general partnership to be formed in which at least a majority of the partnership interests will be owned by Edwin Jacobson, Fred Jacobson and Hyman Cohen, to the extent required by Section 147(f) of the Internal Revenue Code of 1986, as amended and Section 15.1-1378.15 of the Code of Virginia of 1950, as amended. WHEREAS, the City of Roanoke Redevelopment and Housing Authority (the Authority) has considered the application of Lee Howard Partnership III, a Virginia general partnership to be formed in which at least a majority of the partnership interests will be owned by Edwin Jacobson, Fred Jacobson and Hyman Cohen, (the Company), requesting the issuance of one or more of the Authority's revenue bonds or notes (the Bonds) in an amount not to exceed $2,000,000 to assist in the financing of the acquisition, rehabilitation and equipping of a 96-unit apartment complex (the Project) known as Woodridge Apartments, which is located at 2263 Mountain View Terrace, S. W., in the City of Roanoke, Virginia (the City), and which will be owned and operated by the Company, and has held a public hearing thereon on February 27, 1989. WHEREAS, Section 147(f) on the Internal Revenue Code of 1986, as amended (the Code) provides that the governmental unit having jurisdiction 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, the Project is to be located in the City and the Council of the City (the Council) constitutes the highest elected governmental officials in the City; and 13¸4 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, subject to the terms to be agreed upon, 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 recitals in the first preamble to this Resolution are hereby adopted as a part of this Resolution. 2. The Council approves the financing of the Project and the issuance of the bonds by the Authority for the benefit of the Company, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code), to permit the Authority to assist in the financing of the Project. 3. The Approval of the issuance of the Bonds, as required by Section 147{f) of the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds, the creditworthiness of the Company or the financial viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the Commonwealth), the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs inci- dent thereto except from the revenues and moneys pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. For purpose of Section 36-19(9) of the Code of Virginia of 1950, as amended, the Council approves the loan of the proceeds of the Bonds by the Authority to the Company (or to such other person or persons as the Company may designate) to finance the Project and thereby assist in planning, developing, acquiring, constructing, rehabilitating and equipping residential buildings. 5. The Authority is hereby authorized to submit an application to the Virginia Department of Housing and Community Development requesting an alloca- tion of the "state ceiling" pursuant to Section 15.1-1399.10 et seq. of the Code of Virginia of 1950, as amended. 6. This Resolution shall take effect immediately upon its adoption. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1989. No. 29484. AN ORDINANCE approving the City Manager's issuance of Change Order No. I to the City's contract with Lanford Brothers Company, Incorporated, for construction of the Read Road replacement bridge; and providing for an emergency. WHEREAS, this Council, on November 28, 1988, awarded a contract to Lanford Brothers Company, Incorporated, for construction of the Read Road repla- cement bridge, in the amount of $662,801.00, and during the installation of underground utilities in the Norfolk Southern railroad right-of-way, such construction was halted by the presence of rock which could not be removed by blasting in the railroad right-of-way; WHEREAS, in order to expedite the installation of said utilities and avoid delaying construction of the much need Read Road replacement bridge, the City Manager deemed the situation to be an emergency pursuant to §41 of the Roanoke City Charter and authorized the contractor to proceed with the correc- tive work on a unit price basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Council ratifies the action of the City Manager pursuant to §41 of the Roanoke City Charter. 2. 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 November 28, 1988, related to construction of the Read Road replacement bridge. 3. Such Change Order shall provide for the following changes in the work which have been performed: CONTRACT AMOUNT $ 662,801.00 Corrective action taken to expe- dite installation of sanitary sewer in Norfolk Southern rail- road right-of-way after unforeseen rock formation was encountered which could not be removed by blasting procedures in railroad right of way. CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. i $ 698.683.00 Additional time resulting from Change Order No. I None 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. ATTEST: ~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1989. No. 29486. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental Contingency - General Fund (1) ................................... $ Transfers to Other Funds (2) ..................................... 648,999.00 9,933,215.00 Capital Fund Appropriations General Government $ 2,478,102.00 Houses Autumn Lane, N. W. (3) .................................... 60,000.00 (1) Contingency (2) Transfers to Capital Projects (3) Appr. from General Fund (001-004-9410-2199) (001-004-9310-9508) (008-052-9628-9003) $(60,0OO.00) 60,000.00 60,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mayor 137 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of March, 1989. No. 29487. AN ORDINANCE providing for the acquisition of real estate needed by the City; authorizing the City Manager to affix a certain limit of the consideration to be offered by the City for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; directing the mailing of this ordinance to each property owner; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City wants and needs property located at 4916 and 4926 Autumn Lane, N. W., Official Tax Map Nos. 6061019 and 6061020, respectively, as set forth in the report of the City Manager on this subject dated March 6, 1989, on file in the Office of City Clerk. The proper City officials are authorized to acquire for the City from the owner, for $57,500 or such other value deemed appropriate by the City Manager, the necessary real estate with appropriate ancillary rights with respect to the parcel for such consideration as the City Manager may deem appropriate subject to applicable statutory guidelines. 2. Upon the acceptance of any offer and delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owner of the interests conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. The City Clerk is directed to mail a copy of this ordinance to the owner of such property. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk 138 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1989. No. 29485. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and the Commonwealth of Virginia and/or Virginia Polytechnic Institute and State University for use of the premises at 111 through 117 Church Avenue, 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 together with any appropriate accompanying documen- tation in form approved by the City Attorney for use of premises located on the ground level of the Municipal Parking Garage and known as 111 through 117 Church Avenue, for an initial period of three (3) years; such lease to contain such other terms and conditions as are approved by the City Manager and as more par- ticularly set forth in the report to this Council dated March 6, 1989. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1989. No. 29488. A RESOLUTION authorizing the execution of an agreement with the Virginia Housing Development Authority providing for an allocation of a total of $360,000 in mortgage financing for certain areas of the City, and authorizing certain other actions relating thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council hereby authorizes the execution by the City Manager, for and on behalf of the City, of an Urban Preservation and Infill Program Targeted Areas Allocation Agreement with the Virginia Housing Development Authority (VHDA), dated December 14, 1988, providing for the allocation by VHDA of a total of $360,000 in mortgage financing at the rate 9-7/8 percent interest, subject to periodic adjustment to reflect changes in commercial lending rates, for the purchase of properties located within those areas of the City set out in such Agreement, and as identified in a report of the City Manager to Council dated March 13, 1989. 2. The City Manager is empowered and directed to select such finan- cial institutions as are necessary to receive and process loan applications in the City as a part of the program described above, such selections to be made in the manner set out and described in the above-referenced report from among those institutions eligible to do so. ATTEST: ~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1989. No. 29489. A RESOLUTION authorizing the City Manager to submit a street inventory for State maintenance payment eligiblity to the Virginia Department of Transportation (VDOT) upon forms prescribed by the VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligiblity for an increase in State maintenance funds. WHEREAS, the Code of Virginia (1950), as amended, establishes eligibi- lity criteria for localities for receiving funds from the VDOT for street main- tenance purposes; WHEREAS, inventory additions are required to be submitted to VDOT prior to April 1, 1989, in order to be eligible for payment for the next fiscal year; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to submit inventory additions to the VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for additional State street maintenance funds as set forth in the City Manager's report and its attachments, dated March 13, 1989. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1989. No. 29490. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General, Internal Service 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 1988-89 General, Internal Service and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations General Government $ 7,826,123.00 Billings and Collections (1) ..................................... 740,855.00 Judicial Administration 2,861,450.00 Law Library (2) .................................................. 128,302.00 Public Safety 24,097,265.00 Police Patrol (3) ................................................ 5,227,641.00 Fire Operations (4-5) ............................................ 8,199,156.00 Emergency Services (6-8) ......................................... 242,152.00 Public Works 18,283,040.00 Grounds Maintenance (9) .......................................... 2,907,060.00 Building Maintenance (10-11) ..................................... 3,048,682.00 140 Heal th Health Department (12-13) ........................................ Parks, Recreation and Cultural Libraries (14-17) ................................................ Community Development Regional Economic Development (18) Non-Departmental Transfers to Other Funds (19-20) ................................. and Welfare $11,361,035.00 1,150,175.00 3,262,871.00 1,597,521.00 1,150,616.00 420,709.00 12,175,586.00 10,053,215.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (21) ............................... 1,246,431.00 Internal Service Fund Appropriations City Information Systems $1,934,731.00 Capital Outlay (22) ............................................... 475,232.00 Revenue Other - Operating Supplement General (23) .......................... 39,158.00 Capital Fund Appropriations Traffic Engineering $1,316,625.00 Traffic Signals - General (24) .................................... 596,034.00 (1) Other Equipment (2) Publications and Subscriptions (3) Expend. Equipment (4) Expend. Equipment (5) Other Equipment (6) Fees for Prof. Services (7) Admin. Supplies (8) Other Equipment (9) Other Equipment (10) Maint. - General Fund (11) Maint. 3rd Party Contract (12) Furniture and Equipment (13) Other Equipment (14) Fees for Prof. Services (15) Admin. Supplies (16) Expend. Equipment (17) Publications and Subscriptions (18) Subsidies (19) Transfers to Internal Service (20) Transfers to Capital (001-004-1232-9015) $ 1,274.00 (001-054-2150-2040) 20,419.00 (001-050-3113-2035) 7,500.00 (001-050-3213-2035) 12,500.00 (001-050-3213-9015) 84,921.00 (001-050-3520-2010) 2,404.00 (001-050-3520-2030) 2,596.00 (001-050-3520-9015) 30,000.00 (001-050-4340-9015) 18,000.00 (001-052-4330-3050) 9,937.00 (001-052-4330-3056) 77,945.00 (001-054-5110-9005) 9,375.00 (001-054-5110-9015) 31,400.00 (001-054-7310-2010) 5,000.00 (001-054-7310-2030) 10,000.00 (001-054-7310-2035) 20,000.00 (001-054-7310-2040) (001-002-8125-3700) (001-004-9310-9506) (001-004-9310-9508) 55,000.00 45,540.00 20,000.00 100,000.00 141 (21) CMERP - City (22) Other Equipment (23) Operating Supp. General (24) Appr. from General Revenue (001-3332) (006-050-1601-9015) (006-020-1234-0951) (008-052-9560-9003) $(563,811.00) 20,000.00 20,000.00 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1989. No. 29492. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental $12,055,586.00 Transfers to Other Funds (1) ..................................... 9,933,215.00 Capital Fund Appropriations Education $ 6,451,905.00 Oakland School (3) ............................................... 243,700.00 (1) Transfer to Debt Service Fund (2) Transfer to Capital Projects (3) Appr. from General Fund (001-004-9310-9512) (001-004-9310-9508) (008-060-6066-9003) $(22,500.00) 22,500.00 22,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Clerk 142 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of March, 1989. No. 29493. A RESOLUTION urging the Committee on District Courts to certify a judi- cial vacancy in the General District Court of the Twenty-Third Judicial District, upon the election of the Honorable Diane McQ. Strickland as a Circuit Court Judge of the Twenty-Third Judicial Circuit. WHEREAS, the Honorable Diane McQ. Strickland, one of the five General District Court judges of the Twenty-Third Judicial District, has been elected as a Circuit Court Judge of the Twenty-Third Judicial Circuit by the 1989 Session of the General Assembly; WHEREAS, the General Assembly has heretofore seen fit to elect five General District Court judges to serve the Twenty-Third Judicial District which is composed of the City of Roanoke, the City of Salem, the Town of Vinton and Roanoke County; WHEREAS, failure to certify the vacancy created by the election of Judge Strickland to the Circuit Court judiciary will create a backlog of cases and impose an undue hardship upon the public, Bar and judiciary; and WHEREAS, this Council is of the firmly held opinion that it is very important that the Twenty-Third Judicial District continue to be served by five General District Court judges; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council respectfully urges the Committee on District Courts to certify the need for five General District Court judges for the Twenty-Third Judicial District in order that a successsor can be elected to the Honorable Diane McQ. Strickland. 2. The City Clerk is directed to forward attested copies of this resolution to the members of the Committee on District Courts, to the Circuit Court Judges of the Twenty-Third Judicial Circuit, to the General District Court Judges of the Twenty-Third Judicial District, to the President of the Roanoke Bar Association and to the members of the General Assembly representing juris- dictions in the Twenty-Third Judicial District. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1989. No. 29491. AN ORDINANCE accepting the bid of Breakell, Inc., for replacement of chemical feeders for the Carvins Cove Filter Plant and related work, upon cer- tain 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 ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Breakell, Inc., made to the City in the total amount of $53,700.00 for replacement of chemical feeders for the Carvins Cove Filter Plant and related work, 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. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1989. No. 29494. AN ORDINANCE accepting the bid of Breakell, Inc., for construction of certain improvements in the Municipal Parking Garage for the Roanoke Valley Graduate Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Breakell, Inc., made to the City in total amount of $134,900.00 for construction of certain improvements in the Municipal Parking Garage for the Roanoke Valley Graduate Center, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby, subject to the terms and conditions of this ordinance, ACCEPTED. t44" 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, exe- cution of such contract to be subject to approval of the appropriate supporting documents. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City lerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1989. No. 29496. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government $ 7,856,849.00 Registrar (1-6) .................................................. 197,825.00 Non-departmental 12,023,586.00 Contingency - General Fund (7) ................................... 676,999.00 (1) Overtime Wages (2) Temporary Employee Wages (3) Fees for Prof. Services (4) Advertising (5) Telephone (6) Admin. Supplies (7) Contingency (001-010-1310-1003) $ 1,000.00 (001-010-1310-1004) (001-010-1310-2010) (001-010-1310-2015) (001-010-1310-2020) (001-010-1310-2030) (001-002-9410-2199) 3,150.00 25,430.00 1,000.00 800.00 620.00 (32,000.O0) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ C~i ty C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1989. No. 29497. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Education $58,621,523.00 Facilities (1-8) ................................................. 1,175,840.00 Fund Balance Reserve CMERP - Schools (9) ....................................... $ 150,000.00 (1) Highland Park Equipment (2) School Equipment (3) Replacement of School Activity Buses (4) Roof Renovation (5) Facility Maint. Equipment (6) Asbestos Removal - Roofs (7) Highland Park Construction (8) School Paving Projects (9) Reserved CMERP - Schools (001-060-6004-6200-0821) (001-060-6004-6200-0822) (001-060-6004-6676-0809) (001-060-6004-6681-0809) (001-060-6004-6681-0821) (001-060-6004-6681-0829) (001-060-6004-6681-0851) (001-060-6004-6682-0829) (001-3324) $ 117,866.00 85,000.00 75,000.00 75,000.00 55,000.00 100,000.00 250,000.00 30,000.00 (787,866.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1989. No. 29498. A RESOLUTION approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of FiberCom, 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 FiberCom, Inc. (the "Company"), whose principal office is at 3353 Orange Avenue, Roanoke, Virginia, requesting the Authority to issue up to $2,500,000.00 of its industrial development revenue bonds (the "Bonds") to assist the Company to (1) purchase certain equipment to be used in its manufacturing operations at 3353 Orange Avenue and 3361 Melrose Avenue; (2) renovate its manufacturing facili- ties at 3361 Melrose Avenue; and (3) provide additional manufacturing facilities at 3353 Orange Avenue, all in the City of Roanoke, Virginia (the "Bonds"); and to refund its $650,000.00 Industrial Development Revenue Bond dated October 15, 1985, and its $1,500,000.00 Industrial Development Revenue Bond dated December 20, 1984 (the "Prior Bonds"), the proceeds of which were used to finance the acquisition and equipping of certain manufacturing facilities at 3353 Orange Avenue, in the City of Roanoke, Virginia, and has held a public hearing thereon on March 7, 1989. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Internal Revenue Code"), provides that the governmental unit having jurisdiction over the issuer of revenue bonds and over the area in which any facility financed with the proceeds of revenue bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing has 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 Internal Revenue Code, to permit the Authority to assist in the financing of the Project and the refunding of the Prior Bonds. 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or 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 inci- dent 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. ATTEST: k~~ APPROVED 147 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of March, 1989. No. 29499. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental $12,067,586.00 Transfers to Other Funds (1) ..................................... 9,945,215.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ................................ $ 1,410,242.00 Capital Fund Appropriations General Government $ 2,818,102.00 Campbell Avenue Historic Property (3) ............................ 582,000.00 (1) Transfer to Capital (001-004-9310-9508) (2) CMERP - City (001-3323) (3) Appr. from General Revenue (008-002-9620-9003) $ 400,000.00 (400,000.00) 400,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk 148 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1989. No. 29495. AN ORDINANCE authorizing the issuance of not to exceed $170,758.74 general obligation school bonds, Educational Technology Series, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and setting forth the form and details thereof and authorizing participation in the State Non-Arbitrage Program. WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City") has determined that it is necessary and expedient to borrow not to exceed $170,758.74 and to issue its general obligation school bonds for the financing of the purchase of equipment for school purposes through the Governor's Educational Technology Initiative Procurement and Financing Program. WHEREAS, the City held a public hearing on March 20, 1989 on the issuance of the Bonds (as defined below) in accordance with the requirements of §§15.1-171.1 and 15.1-504, Code of Virginia (1950), as amended. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell bonds in the amount of not to exceed $170,758.74 (the "Bonds") for the purpose of financing the purchase of equipment for school purposes through the Governor's Educational Technology Initiative Procurement and Financing Program. The issuance and sale of the Bonds in the form and upon the terms established pur- suant to this Ordinance is hereby authorized. 2. Sale of the Bonds. It is determined to be in the best interest of the City to sell the Bonds to the Virginia Public School Authority ("VPSA") at par, upon the terms established pursuant to this Ordinance. The appropriate officers of the City are hereby authorized and directed to sell the Bonds to VPSA. 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 designed "City of Roanoke General Obligation School Bonds, Education Technology Series"; shall bear interest payable semi-annually on June 15 and December 15 (each an "Interest Payment Date"), beginning December 15, 1989, at the rates established in accordance with paragraph 4 of this Ordinance; and the principal amount of the Bonds shall be payable in semi-annual installments on the dates (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Ordinance. The Bonds shall be issued as a single, typewritten bond substantially in the form of the sample bond filed in the Office of the City Clerk. 4. Interest Rates; Principal Installments. (a) The Mayor of the City is hereby authorized and directed to accept the interest rate or rates on the Bonds established by VPSA, provided that no such interest rate or rates shall be more than sixty-five one hundredths of one percent (65/100 of 1%) over the annual rate to be paid by VPSA for the corresponding maturity on the bonds to be issued by VPSA, the proceeds of which will be used to purchase the Bonds (the "VPSA Bonds"), and provided further, that no interest rate of the Bonds shall exceed nine percent (9%) per annum, and the execution and delivery of the Bond as described in Section 6 hereof shall conclusively evidence the same as having been approved and authorized by this ordinance. 149 (b) The principal amount of the Bonds shall be payable in nine (9) semi-annual installments the first of which shall be due December 15, 1989, and the remaining installments semi-annually thereafter. The Mayor of the City is hereby authorized and directed to establish the principal amount of the Bonds not to exceed $170,758.74 and to accept the amortization schedule on the Bonds established by VPSA, provided that debt service on the Bonds from their dated date until the end of the first fiscal year (1989-1990} shall not exceed the amount appropriated by the General Assembly from the Literary Fund therefor, and provided further, that debt service on the Bonds from the second fiscal year to the fifth fiscal year shall be approximately level, subject to the actual rate or rates of interest on the VPSA Bonds, and the execution and delivery of the Bonds as described in Section 6 hereof shall conclusively evidence the same as having been approved and authorized by this ordinance. 5. Payment; Payin9 A~ent and Registrar. The City Treasurer is hereby designated as Bond Registrar and Paying Agent for the Bonds and the following provisions shall apply: (a) All payments of principal of and interest on the Bonds shall be made in immediately available funds to 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 preceding such Interest Payment Date and Principal Payment Date; and (b) All overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds. 6. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds in an aggregate principal amount not to exceed $170,758.74 and to affix the seal of the City thereto. 7. Use of Available Moneys; Pledge of Full Faith and Credit. (a) The Council hereby appropriates and directs that all income realized from the investment and reinvestment of the proceeds of the Bonds and not required to be rebated to the United States pursuant to the provisions of the Internal Revenue Code of 1986, as amended {"Investment Income"), shall be credited to a sinking fund for the Bonds. The Council hereby further directs that, as directed by a designated representative of VPSA, on each Interest Payment Date, the City Treasurer shall apply, or cause to be applied, such Investment Income to the payment of interest due on the Bonds. {b) The Council further appropriates and directs that immediately after the application of the Investment Income as provided in subparagraph (a) above, the City Treasurer shall apply, or cause to be applied, so much, if any, of the funds appropriated by the General Assembly from the Literary Fund or otherwise for such purpose to, or for the benefit of, the City to the payment of principal and interest due on the Bonds on the next Principal Payment Date and Interest Payment Date. (c) The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and interest on the Bonds as the same become due and payable. There shall be levied and collected annually on all locally taxable property in the City an ad valorem tax sufficient to pay such principal and interest as the same respectively become due and payable unless other funds, including, without limitation, those funds referred to in sub- paragraphs {a) and (b) above, are lawfully available and appropriated for the timely payment thereof. 8. 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. 150 9. Non-arbitrage Certificate and Tax Covenants. The appropriate officers and agents of the City are hereby authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants 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 covenants 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 Non-Arbitrage Certificate and Tax Covenants and that the City shall comply with the other covenants and representations 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. 10. State Non-Arbitrage Program. The Council hereby finds and deter- mines that {a) the Council has received and reviewed (i) a draft of the Information Statement dated February 17, 1989 {the "Information Statement"), describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and (ii) a draft of the Contract dated January 16, 1989 (the "Contract"), creating the State Non-Arbitrage Program Pool I ("SNAP Pool I"), and (b) the City has been afforded the opportunity to discuss SNAP with the investment manager of and special counsel to SNAP, and the Council hereby further determines that it is in the best interests of the City to authorize the City Treasurer to participate in SNAP. The Contract is hereby approved, and the City Treasurer is hereby authorized to execute and deliver the Contract on behalf of the City. The Council acknowledges that its decision to authorize the participation in SNAP is based solely on the information set forth in the Information Statement and in the Contract, and the Council hereby acknowledges that the Treasury Council of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 11. Filin~ of Ordinance 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. 12. 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. 13. Effective Date. This Ordinance shall take effect April 7, 1989. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1989. No. 29500. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Health and Welfare Social Services - Services (1-2) ................................. Income Maintenance (3-4) ......................................... Fuel Assistance (5) .............................................. Employment Services (6) .......................................... Non-departmental Transfer to Other Funds (7) ...................................... Contingency - General Fund (8) ................................... $11,570,260.00 4,270,695.00 2,464,182.00 75,099.00 466,136.00 11,890,711.00 9,873,640.00 605,294.00 Revenue Grants-in-Aid Commonwealth $49,839,254.00 Welfare (9-14) ................................................... 7,139,906.00 (1) Foster Care (2) ADC - Foster Care (3) Aid to Dependent Children (4) Indo-Chinese Program {5) Fees for Prof. Services (6) Fees for Prof. Services (7) Transfers to Debt Service Fund (8) Contingency (9) Foster Care (10) ADC - Foster Care (11) Indo-Chinese Refugee Program (12) Fuel Assistance (13) Employment Srvcs. (14) Aid to Dependent Children (001-054-5314-3140) (001-054-5314-3115) (001-054-5313-3105) (001-054-5313-3150) (001-054-5315-2010) (001-054-5316-2010) (001-004-9310-9512) (001-002-9410-2199) (001-020-1234-0675) (001-020-1234-0672) (001-020-1234-0679) (001-020-1234-0680) (001-020-1234-0681) (001-020-1234-0671) $ 250,000.00 37,000.00 (13,000.00) (3,00O.O0) (7,000.00) (14,000.00) (119,575.00) (5,425.00) 125,000.00 37,000.00 (3,000.00) (7,000.00) (14,000.00) (13,000.00) 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 27th day of March, 1989. No. 29501. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General, Capital, 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 1988-89 General, Capital, 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 $11,404,992.00 Transfers to Other Funds (1-2) ................................... 9,993,215.00 Capital Fund Appropriations General Government Handicap Compliance (3) .......................................... $ 2,248,102.00 102,536.00 Civic Center Fund Appropriations Capital Outlay from Revenue Elevator for Handicapped (4) ...................................... (1) Transfer to Capital Projects (2) Transfer to Civic Center (3) Appr. from General Fund (4) Appr. from General Fund (001-004-9310-9508) (001-004-9310-9505) (008-002-9507-9003) (005-056-8425-9003) $(17o,ooo.oo) 170,000.00 (170,000.00) 170,000.00 $ 246,100.00 170,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk 153 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of March, 1989. No. 29502. AN ORDINANCE accepting the bid of Gardner-Smith, Inc., for the construction of an elevator for handicapped and related use 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 Gardner-Smith, Inc., in the total amount of $160,600.00 for construction of an elevator for handicapped and related use 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 government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1989. No. 29503. AN ORDINANCE authorizing the execution of an agreement with the Virginia Department of Housing and Community Development for the purpose of accepting an allocation of certain state funds to be used for the implementation of the Single-Family Rehabilitation and Energy Conservation Loan Program in the City of Roanoke; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized on behalf of the City to execute the requisite agreement with the Virginia Department of Housing and Community Development to accept an allocation of certain state funds to be used for the implementation of the Single-Family Rehabilitation and Energy Conservation Loan Program in the City of Roanoke, said agreement to be in a form approved by the City Attorney. 154 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1989. No. 29504. AN ORDINANCE authorizing execution of an Amendment to the current Contract for Services with the City of Roanoke Redevelopment and Housing Authority providing for additional administrative functions to be performed by the Housing Authority as a result of an additional allocation of funds by the Virginia Department of Housing and Community Development, 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 and directed to execute and to seal and attest, respectively, an Amend ment, being Amendment No. 1, to the City's current Contract for Services with the City of Roanoke Redevelopment and Housing Authority, dated August 30, 1988, such Amendment to provide for increased funding for certain programs during Fiscal Year 1988-89, and additional administrative functions to be performed by the Housing Authority, upon certain terms and conditions, as more particularly set forth in the City Manager's report to Council dated April 3, 1989, such Amendment 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: 155 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1989. No. 29505. A RESOLUTION endorsing an application for an Emergency Home Repair Grant. BE IT RESOLVED by the Council of the City of Roanoke that Council hereby endorses the application to be filed with the Virginia Department of Housing and Community Development for a grant of up to $20,000 for an Emergency Home Repair Grant Program, the receipt of which grant would obligate the City to match State funds with other funds, materials or services, and the City Manager is authorized to make any certifications or assurances on behalf of the City required in connection with said application, as requested in the report of the City Manager dated April 3, 1989. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1989. No. 29506. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grand Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Health and Welfare $ 243,473.00 Emergency Shelter Grant - FY89 (1) ................................ 24,000.00 Revenue Health and Welfare $ 243,473.00 Emergency Shelter Grant - FY89 (2) ................................ 24,000.00 (1) Operating Expenditures (035-054-5118-2210) $24,000.00 (2) Federal Grant Revenue (035-035-1234-7068) 24,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: '~ C~ity Clerk 156 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1989. No. 29507. 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 under Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77) and the Stewart B. McKinney Homeless Assistance Amendments Act (Public Law 100-628); 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. That 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 15, 1989, of a grant of Federal funds under Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77) and the Stewart B. McKinney Homeless Assistance Amendments Act (Public Law 100-628), amounting to $24,000.00 in funding to be used for operation of shelters for the Roanoke area homeless population as set out and described in the City's application for said funding made as Grant No. S-89-MC-51-0005 by said Department, upon all of the terms, provisions and con- ditions 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 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 U. S. Department of Housing and Urban Development, now or hereafter in effect, pertaining to the assistance pro- vided. 3. That upon execution of the City's acceptance of said offer and execution of agreement to the terms and conditions incorporated therein, the original and one copy of the aforesaid document 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 to be retained by the City Clerk, for the City. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1989. No. 29508. A RESOLUTION approving specific capital expenditures for an FAR Part 150 Noise Study Project 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 March 28, 1989, 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 capital expenditures by the Commission for an FAR Part 150 Noise Study Project in a total estimated amount of $180,000.00. 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 $180,000.00 in connection with the Roanoke Regional Airport FAR Part 150 Noise Study Project, 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 March 28, 1989, a copy of which is on file in the Office of the City Clerk. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1989. No. 29509. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Public Safety $23,964,990.00 Jail (1) ......................................................... 3,600,862.00 Non-departmental 12,023,357.00 Transfers to Other Funds (2) ..................................... 10,000,861.00 158 Capital Fund Appropriations General Government City Jail Security Furnishings (3) ............................... $ 2,425,748.00 7,646.00 (1) Recovered Costs (2) Transfer to Capital (3) Appr. from Gen. Revenue (001-024-3310-8005) (001-004-9310-9508) (008-052-9623-9003) $(7,646.00) 7,646.00 7,646.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 1989. No. 29510. AN ORDINANCE accepting the bid of Security Detention Equipment, Inc., for purchase and installation of certain facilities at the Roanoke City Jail, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Security Detention Equipment, Inc., in the total amount of $7,646.00, for purchase and installation of certain facilities at the Roanoke City Jail, such bid being in full compliance with the City's plans and specifi- cations 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 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of April, 1989. No. 29512. A RESOLUTION approving the proposed Fiscal Year 1989-1990 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds; authorizing the City Manager to execute the Statement of Community Development Objectives and Projected Use of Funds for submission to the United States Department of Housing and Urban Development (HUD); and authorizing the City Manager to execute the requisite Grant Agreement with HUD. WHEREAS, by report dated April 10, 1989, the City Manager has transmitted to the Council for its review and consideration the proposed Fiscal Year 1989-1990 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 April 3, 1989, and con- ducted a public hearing on it on April 10, 1989, and citizen input was received earlier during hearings on January 17, 1989, and March 9, 1989. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council approves the Proposed Fiscal Year 1989-1990 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds. 2. The City Manager is authorized to execute the Statement of Community Development Objectives and Projected Use of Funds for submission to the United States Department of Housing and Urban Development (HUD). 3. The City Manager is authorized to execute the requisite Grant Agreement with HUD and any and all understandings and assurances relating thereto, for and on behalf of the City. APPROVED ATTEST: City Clerk 160 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of April, 1989. No. 29513. A RESOLUTION approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Virginia Transformer Corp., 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 Transformer Corp. (the "Company"), whose principal office is at 1634 Siebel Drive, N. E., Roanoke, Virginia, requesting the Authority to issue up to $4,000,000.00 of its industrial development revenue bonds (the "Bonds") to assist the Company in purchasing land, constructing a manufacturing facility thereon and acquiring certain equipment to be used in its manfacturing opera- tions (such land, facility and equipment being referred to herein as the "Project") to be located at the end of Glade View Drive, N. E. (across from the Tultex plant), in the City of Roanoke, Virginia, and has held a public hearing thereon on March 28, 1989. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Internal Revenue Code"), provides that the governmental unit having jurisdiction over the issuer of revenue bonds and over the area in which any facility financed with the proceeds of revenue bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council appproves the issuance of the aforesaid Bonds by the Authority for the benefit of the Company, as required by Section 147(f) of the Internal Revenue Code, 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 Internal Revenue Code, does not constitute an endorsement to a prospective purchaser of the Bonds of 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 inci- dent 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. o This Resolution shall take effect immediately upon its adoption. APPROVED ATTEST: ~ City Clerk Mayor 161 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of April, 1989. No. 29514. A RESOLUTION authorizing the donation of the Centennial Quilt to the Roanoke Museum of Fine Arts. WHEREAS, the Centennial Quilt was donated to the City by the Star City Quilters Guild to commemorate the City's lOOth Anniversary; and WHEREAS, this Council desires that the quilt be properly preserved and displayed in order to be enjoyed and appreciated by the public; and WHEREAS, the City has received a request that the Centennial Quilt be donated to the Roanoke Museum of Fine Arts and the Star City Quilters Guild has concurred in such request; and WHEREAS, the City Manager has consulted with the Arts Commission regarding the donation of the Centennial Quilt to the Roanoke Museum of Fine Arts and has determined that such donation would be proper and meets the con- ditions of §2-269 of the Code of the City of Roanoke (1979), as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to provide for the donation of the Centennial Quilt to the Roanoke Museum of Fine Arts, as more particularly set forth in the report to this Council dated April 10, 1989. BE IT FURTHER RESOLVED that this Council, on behalf of the City of Roanoke, extends its deepest appreciation to the Star City Quilters Guild for the creation and donation of the Centennial Quilt to the City. BE IT FINALLY RESOLVED that the City Clerk be directed to transmit attested copies of this resolution to the Executive Director of the Roanoke Museum of Fine Arts, and Ms. Betty Tyree of the Star City Quilters Guild. APPROVED ATTEST: P~k/~ City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of April, 1989. No. 29515. 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 25, 1989 through June 4, 1989, in the minimum amount of $1,500,000.00 combined single limit. 2. The City of Roanoke, its officers, agents and employees shall be named as additional insureds on such policy or policies of insurance, and a cer- tificate of insurance reflecting such coverage shall be filed with the City Clerk prior to May 25, 1989. ATTEST: ...~. City Clerk APPROVED Mayor 162 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of April, 1989. No. 29516. 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; 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, 1989, through June 9, 1989; (b) Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property, growing out of or directly or indirectly resulting from the permission herein granted; (c) Permittee shall provide the City Clerk with a cer- tificate 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) Permittee shall obtain any and all necessary permissions for construction, attachment, installation, erection and maintenance of such objects from any affected private pro- perty owners and the State Department of Highways and Transportation; (f) The City shall incur no cost as a result of grant of this permit; and (g) 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. 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: City Clerk APPROVED Mayor 163 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of April, 1989. No. 29517. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 Council of the City of Roanoke that cer- tain sections of the 1988-89 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation $ 7,064,994.00 Southern Lane Storm Drain (1-2) .................................. 237,091.00 Capital Improvement Reserve 6,659,126.00 Public Improvement Bonds - Series 1985 (3) ....................... 0.00 Public Improvement Bonds - Series 1988 (4) ....................... 5,956,848.00 Revenue Accounts Rec. - Hunting Hills Joint Venture (5) ................... $ Revenue - Hunting Hills Joint Venture (6) ......................... 43,913.00 65,000.00 (1) Appr. from Bonds (2) Appr. from Third Party (3) Storm Drains (4) Storm Drains (5) Acct. Rec. Hunting Hills (6) Revenue (008-052-9621-9001) (008-052-9621-9004) (008-052-9577-9176) (008-052-9603-9176) (008-1236) (008-008-1234-1087) $ 186,376.00 43,913.00 (130,000.00) (56,376.00) 43,913.00 43,913.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 164 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of April, 1989. No. 29518. AN ORDINANCE acceptin9 the bid of E. C. Pace Company, Inc., for construction of the Southern Hills Lane, S. W., box culvert storm drain project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejectin9 all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by Council of the City of Roanoke as follows: 1. The bid of E. C. Pace Company, Inc., in the total amount of $225,801.00, for construction of the Southern Hills Lane, S. W., box culvert storm drain project, 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, 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 simulta- neously 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 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 C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1989. No. 29511. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 321, 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 Multi-Family, Medium Density District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on April 10, 1989, 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 165 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. 321 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 consisting of six parcels known as Lots 8, 9, 10, 11, 12 and 13, Block 4, Jackson Park Addition, located on the north side of Daleton Avenue, N. E., designated on Sheet No. 321 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3210824, 3210825 and 3210826, 3210827, 3210828 and 3210829 be, and is hereby rezoned from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on February 7, 1989, and that Sheet No. 321 of the Zone Map be changed in this respect. ATTE ST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1989. No. 29519. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government City Manager (1) ................................................. Non-departmental Contingency - General Fund (2) ................................... (1) Fees for Prof. Services (2) Contingency (001-002-1211-2010) (001-002-9410-2199) $ 13,665.00 (13,665.00) $ 7,895,647.00 444,058.00 12,364,738.00 559,321.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 166 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1989. No. 29520. AN ORDINANCE accepting the bid of Progress Press made to the City for printing the 1988 Annual Report to Citizens, rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Progress Press made to the City for printing the 1988 Annual Report to Citizens, meeting all of the City's specifications and require- ments therefor, for the total bid price of $13,665.00, which bid is on file in the Office of the City Clerk, be and 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 printing 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1989. No. 29521. AN ORDINANCE authorizing the City Manager to execute an Agreement for Acquisition and Maintenance of Vacant Lot with a certain purchaser of a vacant lot under the City's Vacant Lot Homesteading Program; authorizing the City Attorney and Director of Finance to execute a deed of trust securing the loan made as a part of the Vacant Lot Homesteading Program and to serve as trustees; authorizing the City Manager to execute a certificate of satisfaction; and pro- viding for an emergency. WHEREAS, Council finds that vacant lots which have become overgrown with weeds, harbor rats or which become areas for the dumping of trash are pre- judicial to the public health, welfare and safety; WHEREAS, by Resolution No. 26619, adopted July 25, 1983, this Council approved a Vacant Lot Homesteading Program (hereinafter "the Program") by which Federal Community Development Block Grant (hereinafter "CDBG") funds will be loaned to responsible persons to permit their purchase and clearing of vacant lots with the understanding that such deferred payment loans will be forgiven if the purchaser fulfills the conditions of an Agreement for Acquisition and Maintenance of Vacant Lot between such purchaser and the City; 167 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol 1 ows: 1. The City Manager is hereby authorized for and on behalf of the City to make a deferred payment, forgivable loan of CDBG funds in an amount not to exceed $4,000.00 to Stephen J. Jones, (hereinafter "Purchaser") for the purchase of a vacant lot, known as Lot 21, Block 5, R. J. W. New Map, located at approximately 14 Thirteenth Street, S. W., Official Tax No. 1211204. 2. The City Manager is hereby authorized, for and on behalf of the City, to execute the Agreement for Acquisition and Maintenance of Vacant Lot, between the City and Purchaser for the purchase of such vacant lot, such Agreement to be approved as to form by the City Attorney. 3. To secure payment of the loan of CDBG funds made under the Program and performance by Purchaser of the Agreement for Acquisition and Maintenance of Vacant Lot, Purchaser shall execute a deed of trust and deed of trust note, which document shall be approved as to form by the City Attorney. 4. Wilburn C. Dibling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance, (hereinafter "Trustees") are hereby authorized to serve as Trustees for and on behalf of the City as beneficiary and to execute the deed of trust for and on behalf of the City with respect to such lot. 5. 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. 6. 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 by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1989. No. 29522. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General and Sewage 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 1988-89 General and Sewage Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Non-departmental $12,418,403.00 Transfers to Other Funds (1) ..................................... 10,433,640.00 168 Fund Balance Capital Maintenance and Equipment Replacement Program - City (2) ............................................... $ 471,618.00 Sewage Fund Appropriations Capital Outlay from Revenue $ 5,253,875.00 Coyner Springs Sewer (3-4) ....................................... 294,661.00 Revenue Accounts Receivable - Botetourt County (5) ........................ $ 41,421.00 Fund Balance Retained Earnings - Unrestricted (6) .............................. $12,944,950.00 (1) Transfer to Sewage (2) CMERP - City (3) Appr. from General Revenue (4) Appr. from Third Party (5) Accounts Rec. Botetourt Co. (6) Retained Earnings - Unrestricted (001-004-9310-9503) (001-3323) (003-056-8444-9003) (003-056-8444-9004) (003-1208) (003-3336) $ 40,000.00 (40,000.00) 253,240.00 41,421.00 41,421.00 (213,240.00) 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 17th day of April, 1989. No. 29523. AN ORDINANCE accepting the bid of Dixon Contracting, Inc., for construction of the Coyner Springs Gravity Sanitary Sewer Line, 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 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., made to the City in the total amount of $258,783.00 for construction of the Coyner Springs Gravity Sanitary Sewer Line, such bid being in full compliance with the City's plans and specifi- cations 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, exe- cution of such contract to be subject to approval of the appropriate supporting documents. 169 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 24th day of April, 1989. No. 29524. AN ORDINANCE authorizing a certain sanitary sewer easement upon City-owned property in the vicinity of the Juvenile Detention Home in Botetourt County 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, in form approved by the City Attorney, a deed conveying a certain sanitary sewer easement to Botetourt County in the vicinity of the Juvenile Detention Home as shown on drawings P-58 prepared by Clean Waters Engineers, Inc. as more par- ticulary set forth in the report to this Council dated April 17, 1989. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1989. No. 29525. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropri ati ons Education $14,461,056.00 Preschool Incentive Program (1-4) ................................ 15,960.00 170 Revenue Education $14,461,056.00 Preschool Incentive Program (5) ................................... 15,960.00 (1) Diagnostic Services (2) Social Security (3) Instr. Supplies (4) Instr. Equipment (5) Federal Grant Receipts (035-060-6751-6553-0311) (035-060-6751-6553-0201) (035-060-6571-6553-0614) (035-060-6571-6553-0821) (035-060-6571-1102) $ 6,575.00 494.00 3,125.00 5,766.00 15,960.00 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 April, 1989. No. 29526. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Oakland Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 24th day of April, 1989, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $1,000,000 for modernizing the present school building at Oakland Elementary School, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. RESOLVED, that the application of the City School Board to the State Board of Education of Virginia for a loan of $1,000,000 from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. APPROVED ATTEST: City Clerk 171 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1989. No. 29527. AN ORDINANCE confirming the viewer's report regarding the construction of Glade View Drive, N. E., from King Street, N. E.; authorizing certain payments; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The report of Charles M. Huffine, P.E., City Engineer, Viewer, ascertaining damages to surrounding property caused by the grading of Glade View Drive, N. E., in the amount of $150.00 to George and Mary C. Drates, 3103 Belle Avenue, N. E., $150.00 to Obediah and Anita T. Overstreet, 3203 King Street, N. E., and $150.00 to Alice K. Harris, 3306 Dogwood Hill, N. E., as more par- ticularly set forth in the report to this Council dated April 24, 1989, is hereby CONFIRMED. 2. The City Manager is hereby authorized to provide for payment of the aforesaid damage amounts to each property owner by appropriate City warrant. 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 24th day of April, 1989. No. 29528. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety $24,114,901.00 Crisis Intervention (1) .......................................... 369,949.00 Juvenile Probation House {2) ..................................... 297,340.00 Juvenile Detention Home (3) ...................................... 591,225.00 172 Revenue Grants-in-aid Commonwealth $49,849,244.00 Other Categorical Aid (4-6) ...................................... 12,302,828.00 (1) USDA - Expenditure (2) USDA - Expenditure (3) USDA - Expenditure (4) USDA - Crisis Intervention (5) USDA - Youth Haven (6) USDA - Juvenile Detention (001-054-3360-3000) (001-054-3350-3000) (001-054-3320-3000) (001-020-1234-0661) (001-020-1234-0662) (001-020-1234-0660) $ 2,593.00 1,402.00 5,995.00 2,593.00 1,402.00 5,995.00 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 April, 1989. No. 29529. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Community Development Block Grant Economic Development - FY88 (1-2) ................................ $ 3,456,585.00 2,150,194.00 (1) Henry Street - TAP (2) Henry Street - RRHA (035-087-8730-5171) (035-087-8730-5144) $ 30,000.00 (3O,OOO.OO) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 173 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1989. No. 29530. AN ORDINANCE authorizing a certain contract by which the City will grant $30,000 in Community Development Block Grant funds to Total Action Against Poverty in the Roanoke Valley, Inc., for retention of architectural and/or engi- neering services in connection with design of a proposed music center to be constructed on First Street, N. W., as a part of the Henry Street Revitalization Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk shall be authorized to execute and attest, respectively, a written agreement between the City and Total Action Against Poverty in the Roanoke Valley, Inc. (hereinafter "TAP"), by which the City grants $30,000 in Community Development Block Grant (hereinafter "CDBG") funds to TAP for retention of architectural and/or engineering services in con- nection with design of a proposed music center to be constructed on First Street, N. W., as a a part of the Henry Street Revitalization Project. Such Agreement shall require TAP to abide by regulations of the United States Department of Housing and Urban Development for CDBG programs as if TAP were the grantee thereof and all other federal regulations relating to TAP activities to be conducted with funds granted to it by the City under the agreement authorized by this ordinance. Such agreement shall be in such form as shall be 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. APPROVED City Clerk Miyor ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of April, 1989. No. 29531. AN ORDINANCE authorizing execution of an Amendment to the current Contract for Services with the City of Roanoke Redevelopment and Housing Authority providing for additional administrative functions to be performed by the Housing Authority in connection with Operation Paintbrush; 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 and directed to execute and to seal and attest, respectively, an Amendment, being Amendment No. 2, to the City's current Contract for Services with the City of Roanoke Redevelopment and Housing Authority, dated August 30, 1988, such Amendment to provide for increased funding for certain programs during Fiscal Year 1988-89, and additional administrative functions to be performed by the Housing Authority in connection with Operation Paintbrush, upon certain terms and conditions, as more particularly set forth in the City Manager's report to Council dated April 24, 1989, such Amendment 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 Mayor 174 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1989. No. 29532. 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, 1990. 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, 1990, in an amount and subject to such terms as are described in the report to Council from the City Manager dated May 1, 1989. 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. APPROVED City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1989. No. 29533. 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 Rehabilita- tion Program, as requested and described in the City Manager's report to Council dated May 1, 1989; 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. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1989. No. 29534. 175 AN ORDINANCE accepting a Rental Rehabilitation Program Grant from the United States Department of Housing and Urban Development, authorizing the exe- cution of the requisite grant agreement and HUD Funding Approval Form; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of a grant for Fiscal Year 1989 from the United States Department of Housing and Urban Development in the amount of $106,000 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. 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 C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1989. No. 29535. AN ORDINANCE accepting the bid of Structures & Utilities Co., Inc., for necessary repairs and improvements to Alum Tanks 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Structures & Utilities Co., Inc., made to the City in the total amount of $44,500.00 for necessary repairs and improvements to Alum Tanks 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, exe- cution of such contract to be subject to approval of the appropriate supporting documents. 176 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 1st day of May, 1989. No. 29536. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Water Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Water Purification $ Other Charges (1) ................................... 787,860.00 258,234.00 FUND BALANCE Retained Earnings - Unrestricted (2) ..................... $14,928,617.00 (1) Electric (2) Retained Earnings - Unrestricted (002-056-2170-2022) (002-3336) $ 38,000.00 (38,0O0.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 1989. No. 29538. 177 AN ORDINANCE authorizing the appropriate City officials to enter into an agreement allowing Roanoke County to connect to the City's storm drainage system near the intersection of Williamson Road and Hildebrand Avenue, upon cer- tain 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, in form approved by the City Attorney the appropriate agreement permitting Roanoke County to connect to the City's storm drainage system near the intersection of Williamson Road and Hildebrand Avenue and extend pipes to drain the area near Nelms Lane and Malvern Road, as more particularly set forth and upon the terms and conditions contained in the report to this Council dated May 1, 1989. 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: ~~bq~.z~ City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29537. AN ORDINANCE providing for the sale and conveyance of a certain parcel of land owned by the City situate on the Southwest Corner of Plantation Road and Mohawk Avenue, N. E. and bearing Official Tax No. 3040712 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Executone Communications, Inc. to purchase a parcel of land owned by the City located on the Southwest Corner of Plantation Road and Mohawk Avenue, N. E. and bearing Official Tax No. 3040712, otherwise known as the 30 foot by 130 foot westerly portion of Lot 12, Block 32, Map of Deanwood Terrace for the consideration of $2,500.00, the deed of conveyance to be subject to any and all recorded restrictions, conditions and easements effecting title to said property be and said offer is hereby ACCEPTED. 2. The Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City the appropriate deed of conveyance in form approved by the City Attorney to Executone Communications, Inc., said deed to contain special warranty of title with purchaser to bear all expenses of sale and thereafter the City Attorney is authorized to tender to Executone Communica- tions, Inc. or its authorized agent, the City's deed to said property upon payment of the aforesaid $2,500.00. ATTEST: City Clerk APPROVED 178 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29539. AN ORDINANCE temporarily changing the polling place for Williamson Road Precinct No. I from Oakland Elementary School to the Huntington Court United Methodist Church Fellowship Hall; providing for an emergency and an expiration date for this ordinance. WHEREAS, Oakland Elementary School will be under renovation during the 1989-1990 school year, and such renovation will make unavailable the normal polling place for Williamson Road Precinct No. 1; WHEREAS, the Electoral Board has recommended the establishment of a temporary polling place for Williamson Road Precinct No. I at the Huntington Court United Methodist Church Fellowship Hall at 3333 Williamson Road, N. W., and such temporary polling place is within the boundaries of Williamson Road Precinct No. i as required by §24.1-36, Code of Virginia (1950), as amended; and WHEREAS, the temporary change of polling place for Williamson Road Precinct No. i has been duly advertised in a newspaper having general cir- culation once a week for two consecutive weeks, pursuant to §24.1-39, Code of Virginia (1950), as amended, and a public hearing with respect to such proposed temporary relocation has been on May 8, 1989; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding §10-30, Code of the City of Roanoke (1979), as amended, the polling place for Williamson Road Precinct No. I shall be relocated from Oakland Elementary School to the Huntington Court United Methodist Church Fellowship Hall, 3333 Williamson Road, N. W., Roanoke, Virginia, in this City for the school year 1989-1990 only. 2. Such temporarily relocated polling place shall be applicable for the November 7, 1989, and May 1, 1990, general elections and any primary or spe- cial elections required during the 1989-90 school year only. 3. The City Clerk is directed to forward attested copies of this ordinance to Audrey M. Franklin, Registrar, so that notice of this change in polling place can be mailed to all registered voters of Williamson Road Precinct No.1 as required by law. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage and shall expire by its own terms on the last day of the 1989-1990 Roanoke City Public School year. Upon the expiration of this ordinance the polling place for Williamson Road Precinct No. i shall be returned to Oakland Elementary School. ATTEST: City Clerk APPROVED 179 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29545. A RESOLUTION approving the installation of a partial fire sprinkler system in the City Jail as directed by the State Fire Marshal and requesting reimbursement of one-half of the project costs from the State Department of Corrections. WHEREAS, expansion of the City Jail was authorized by City Council on the 22nd day of July, 1985, by Ordinance No. 27691; WHEREAS, said expansion was completed and placed in use; and WHEREAS, the State Fire Marshal, at the time of his final inspection, directed that a partial sprinkler system be added to the facility at a total additional cost of $6,906.00; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs with the need to add the partial sprinkler system as directed by the State Fire Marshal. 2. Pursuant to §53.1-80, Code of Virginia (1950), as amended, the Board of Corrections of the Commonwealth of Virginia is requested to provide reimbursement to the City for one-half of the cost of such partial sprinkler system installation. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29546. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges Realignment & Reconstruction of Thirlane Road, N. W. Capital Improvement Reserve Capital Improvement Reserve (2) ...................... $4,990,684.00 176,000.00 6,669,502.00 526,278.00 (1) Appr. of General Revenue (2) Economic Development (008-052-9630-9003) (008-052-9575-9178) $ 176,000.00 (176,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 180 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29547. AN ORDINANCE authorizing the execution of a contract with Hayes, Seay, Mattern & Mattern, Inc., to provide engineering services in connection with 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, for and on behalf of the City, to execute and attest, respectively, an engineering services contract with Hayes, Seay, Mattern & Mattern, Inc., in an amount not to exceed $176,000.00, for the provision by such firm of engineering services in connection with the realignment and reconstruc- tion of Thirlane Road, N. W., as more particularly set forth in the May 8, 1989, report of the City Manager to this Council. 2. The form of the contract with such firm shall be approved by the City Attorney. 3. The City Engineer 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. 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 8th day of May, 1989. No. 29548. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Parks, Recreation and Cultural Parks & Recreation (1-2) ............................ Public Safety Emergency Services (3) .............................. Fire Operations (4) ................................. Public Works Building Maintenance (5-6) .......................... Communications (7) .................................. Health & Welfare Health Department (8) ............................... Community Development Community Planning (9) .............................. Non-departmental Contingency - General Fund (10-11) .................. $ 3,300,171.00 1,230,755.00 24,114,451.00 259,399.00 8,206,741.00 18,747,935.00 3,171,349.00 1,477,500.00 11,614,035.00 1,152,190.00 1,161,493.00 279,282.00 11,642,565.00 104,502.00 181 FUND BALANCE Capital Maintenance and Equipment Replacement Program - City (12-13) ............................................ $ 1,056,596.00 (1) Other Equipment (2) Vehicular Equipment (3) Vehicular Equipment (4) Other Equipment (5) Vehicular Equipment (6) Maint. 3rd Party Contract (7) Fees for Prof. Services (8) Other Equipment (9) Other Equipment (10) Maint. of Fixed Assets Cont. (11) Equip. Replacement Cont. (12) CMERP - City (001-050-7110-9015) (001-050-7110-9010) (001-050-3520-9010) (001-050-3213-9015) (001-052-4330-9010) (001-052-4330-3056) (001-050-4130-2010) (001-054-5110-9015) (001-052-8110-9015) (001-002-9410-2201) (001-002-9410-2202) (001-3323) $ 16,660.00 15,640.00 17,247.00 7,585.00 22,358.00 95,459.00 2,415.00 3,000.00 4,477.00 (200,000.00) (529,819.00) 617,700.00 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 8th day of May, 1989. No. 29549. AN ORDINANCE providing for the purchase of aluminum seating planks and hardware for use at Victory Stadium, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Outdoor Aluminum, made to the City, offering to furnish and deliver 3,416.5 feet of aluminum seating planks and hardware for use at Victory Stadium, for the sum of $16,659.22, 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. 3. In order to provide for the usual daily operation of the munic'ipal 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 182 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29550. AN ORDINANCE accepting bids made for providing certain vehicles to the City; rejecting other bids; authorizing the purchase of another vehicle by uti- lizing the Commonwealth of Virginia's contract with a certain vendor; and pro- viding for an emergency. WHEREAS, the City of Roanoke has publicly advertised and received bids for providing certain vehicles to the City; and WHEREAS, the Commonwealth of Virginia has, pursuant to its competitive bidding procedures, awarded contracts for the purchase of certain items, including a 15-passenager van; and WHEREAS, local governing bodies in Virginia are authorized to purchase items through use of state-awarded contracts; and WHEREAS, the state contract price for such 15-passenger van is lower than the bid price received by the City. THEREFORE, 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price I 1-New 4-wheel drive utility Berglund Chevrolet, Inc. $17,246.75 type Emergency Medical Vehicle 2 2-New cargo vans Allred Chevrolet, Inc. $22,358.00 2. The purchase of a new 15-passenger van under state-awarded contract from World of Ford Sales, in the total purchase price of $15,640.00, is hereby authorized. 3. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's speci- fications, the respective bids made therefor and in accordance with this ordi- nance. 4. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29551. 183 A RESOLUTION expressing concern over the problem of drug and alcohol abuse in the Roanoke Valley area and calling upon the City of Salem and the Counties of Botetourt and Roanoke, participants along with the City of Roanoke, in Mental Health Services of Roanoke Valley, to recognize and address the imme- diate need to provide adequate funding for the renovation of the Mental Health Services of the Roanoke Valley's Alcohol Detoxification and Rehabilitation Center. WHEREAS, the Mental Health Services of the Roanoke Valley has operated said Alcohol and Detoxification and Rehabilitation Center, located at 801 Shenandoah Avenue, N. W., for fifteen years; and WHEREAS, this facility is the Roanoke Valley's only residential faci- lity for low-income residents with substance abuse problems; and WHEREAS, in order to significantly address the issue of drug and alco- hol abuse on a regional basis, through development and expansion of education and awareness programs, prevention and treatment programs, and enhancement of other related substance abuse services, the Mental Health Services of the Roanoke Valley has undertaken the renovation of its Alcohol Detoxification and Rehabilitation Center at a total projected cost of $256,876.00; and WHEREAS, upon completion of the renovation project in October 1989, said Alcohol Detoxification and Rehabilitation Center will be upgraded and fully licensed to provide over 5,800 bed days for low-income individuals annually; and WHEREAS, this Council will appropriate $84,000.00 in Community Development Block Grant (CDBG) funds toward said renovation project; and WHEREAS, the Mental Health Services Board has requested additional funds for the project from the City of Salem and Counties of Botetourt and Roanoke. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council adopts this means of expressing its deep concern over the current problem of drug and alcohol abuse in the Roanoke Valley area and calls upon the City of Salem and Counties of Botetourt and Roanoke, as jurisdic- tions served by the Mental Health Services of the Roanoke Valley, to provide adequate funding for the renovation of said Alcohol Detoxification and Rehabilitation Center. 2. The City Clerk is hereby directed to forthwith transmit attested copies of this resolution to the appropriate officials of the City of Salem and Counties of Botetourt and Roanoke. APPROVED ATTEST: City Clerk Mayor 184 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29552. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1989, and ending June 30, 1990; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 1989, and ending June 30, 1990, 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 $20,089,909.00 8,635,013.00 1,422,922.00 1,470,919.00 $ 44,316,500.00 34,684,000.00 445,000.00 568,000.00 1,456,000.00 22,869,365.00 27,000.00 3,904,706.00 235,100.00 31,618,763.00 $140,124,434.00 Total Revenue APPROPRIATIONS Council City Clerk City Manager - Administration Office of Management and Budget City Attorney Director of Finance Billings and Collections Commissioner of Revenue Treasurer Real Estate Valuation Board of Equalization of Real Estate General Services Municipal Auditing Director of Utilities and Operations Director of Administration and Public Safety Personnel 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 Police - Investigation Police - Patrol Police - Services Police - Training $ 165,895.00 1,870,614.00 5,657,121.00 1,699,770.00 175,499.00 206,049.00 246,368.00 432,538.00 286,544.00 486,646.00 1,359,927.00 713,941.00 791,002.00 612,348.00 659,028.00 21,287.00 421,050.00 384,291.00 117,345.00 104,314.00 591,451.00 108,760.00 102,992.00 175,266.00 128,518.00 802,941.00 33,204.00 67,750.00 23,915.00 1,210,270.00 112,880.00 628,645.00 9,568,899.00 185 Fire - Administration Fire - Technical Services Fire - Operations Fire - Training and Safety Subsidies to Lifesaving Crews Jail Juvenile Detention Home Outreach Detention Juvenile Probation House Crisis Intervention Building Inspection Emergency Services Emergency Medical Services Animal Control Street Maintenance Street Paving Communications Snow Removal Street Lighting Signals and Alarms Refuse Collection Custodial Services Engineerin9 Building Maintenance Grounds Maintenance Roanoke City Health Department Mental Health and Retardation Citizens' Services Committee Total Action Against Poverty Social Services - Administration Food Stamp Authorization Income Maintenance Social Services - Services Employment Services Temporary Emergency Food Assistance State and Local Hospitalization Nursing Home Roanoke City Public Schools Parks and Recreation City Market Contributions - Cultural Libraries Community Planning Economic Development and Grants Grant Compliance Regional Economic Development Agency Municipal Parking Garage Greater Roanoke Transit Community Education Cooperative Extension Program Fringe Benefits Miscellaneous Transfer to Other Funds Contingencies Personnel Lapse Contingency 279,658.00 225,051.00 8,166,249.00 125,961.00 $ 395,498.00 70,338.00 3,390,957.00 4,677,704.00 460,792.00 14,396.00 8,796,919.00 26,264.00 3,705,432.00 596,328.00 146,843.00 305,597.00 346,373.00 555,066.00 198,134.00 649,554.00 230,875.00 2,197,532.00 650,000.00 1,355,937.00 98,532.00 899,100.00 631,414.00 3,565,250.00 869,187.00 1,081,556.00 2,834,725.00 2,763,699.00 1,006,169.00 287,381.00 378,100.00 136,348.00 9,009,685.00 40,220.00 1,164,372.00 59,208,488.00 1,219,933.00 11,677.00 635,040.00 1,690,939.00 306,530.00 265,358.00 49,555.00 101,200.00 122,534.00 283,447.00 35,360.00 70,136.00 1,067,000.00 199,850.00 9,034,097.00 1,448,529.00 (550,000.00) Total Appropriations $140,124,434.00 2. That all salaries, and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another; 4. That this Ordinance shall be known and cited as the 1989-90 General Fund Appropriation Ordinance; and 186 5. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1989. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29553. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1989, and ending June 30, 1990; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1989, and ending June 30, 1990; 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, 1989, and ending June 30, 1990, 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 $4,080,000.00 146,000.00 Total Revenue $4,226,000.00 APPROPRIATIONS General Operating Expense Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay $1,480,312.00 580,503.00 761,070.00 $2,821,885.00 698,481.00 12,000.00 923,000.00 Total Appropriations $4,455,366.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1989-90 Water Fund Appropriation Ordinance; and 4. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1989. ATTEST: City Clerk APPROVED May IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29554. 187 AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1989, and ending June 30, 1990; 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, 1989, and ending June 30, 1990, 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 $6,405,000.00 281,000.00 Total Revenue $6,686,000.00 APPROPRIATIONS Administration Lateral Maintenance and Replacement Maintenance Operations Laboratory Depreciation Interest Expense Capital Outlay $1,513,978.00 1,220,000.00 725,381.00 1,880,766.00 152,759.00 $5,492,884.00 986,883.00 88,350.00 44,500.00 Total Appropriations $6,612,617.00 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 1989-90 Sewage Treatment Fund Appropriation Ordinance; and 4. That, in order to provide for .the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1989. ATTEST: ~~ City C1 erk APPROVED Mayor 1'8 8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29555. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1989, and ending June 30, 1990; 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, 1989, and ending June 30, 1990, shall constitute a Civic Center Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating Non-Operating $ 923,100.00 713,150.00 Total Revenue $1,636,250.00 APPROPRIATIONS Operating Expense Promotional Expense Depreciation Capital Outlay $1,514,967.00 71,283.00 $1,586,250.00 344,234.00 50,000.00 Total Appropriations $1,980,484.00 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 1989-90 Civic Center Fund Appropriation Ordinance; and 4. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1989. ATTEST: APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29556. 189 AN ORDINANCE adopting the annual Internal Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1989, and ending June 30, 1990; 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, 1989, and ending June 30, 1990, shall constitute an Internal Service Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating Non-Operating $6,825,387.00 35,000.00 Total Revenue $6,860,387.00 APPROPRIATIONS City Information Systems Materials Control Management Services Utility Line Services Motor Vehicle Maintenance Fringe Benefits Personnel Lapse Contingency Reserve $1,764,692.00 133,652.00 412,907.00 2,511,573.00 1,732,752.00 35,000.00 (100,000.00) 100,000.00 Total Appropriations $6,590,576.00 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 1989-90 Internal Service Fund Appropriation Ordinance; and 4. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1989. ATTEST: ~ City C1 erk APPROVED 190 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29557. AN ORDINANCE to adopt and establish a new Pay Plan for officers and employees of the City effective July 1, 1989; providing for merit increases; authorizing annual salary in crements for certain officers and employees for use of private motor vehicles; repealing Ordinance No. 29102, adopted May 12, 1988, to the extent of any inconsistency; and providing for an emergency and an effec- tive date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Pursuant to §2-69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 1, 1989, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: PaN Grade Minimum Market Rate Maximum 01 $ 8,660.80 $10,826.00 $12,991.20 02 9,310.40 11,638.00 13,965.60 03 10,055.20 12,569.00 15,082.80 04 10,909.60 13,637.00 16,364.40 05 11,892.00 14,865.00 17,838.00 06 13,021.60 16,277.00 19,532.40 07 14,324.00 17,905.00 21,486.00 08 15,828.00 19,785.00 23,742.00 09 17,489.60 21,862.00 26,234.40 10 19,326.40 24,158.00 28,989.60 11 21,355.20 26,694.00 32,032.80 12 23,597.60 29,497.00 35,396.40 13 26,087.20 32,609.00 39,130.80 14 28,852.00 36,065.00 43,278.00 15 31,924.80 39,906.00 47,887.20 16 35,340.80 44,176.00 53,011.20 17 39,140.00 48,925.00 58,710.00 18 43,367.20 54,209.00 65,050.80 19 48,072.80 60,091.00 72,109.20 20 53,312.80 66,641.00 79,969.20 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 3. Pursuant to §2-68, Code of the City of Roanoke (1979), as amended, effective July 1, 1989, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade, pay range in accordance with this Ordinance and class code to each position in the classified service of the City. 4. Merit increases in an amount of not less than 5.3 percent of the market rate of the relevant pay grade shall be added to the annual salary rates of officers and employees achieving satisfactory review of service on their merit review dates under merit evaluation procedures promulgated by the City Manager; provided, however, when any such merit increase would cause an officer or employee to exceed the maximum pay range applicable to such officer's or employee's position, such officer or employee shall receive a merit increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. 5. Notwithstanding Paragraph 4, with respect to any officer or employee whose salary on June 30, 1989, is below the applicable minimum for his pay range, such officer's or employee's annual salary rate shall be adjusted to the applicable minimum effective July 1, 1989. Thereafter, such officer or employee shall be eligible for a merit increase, assuming satisfactory service, upon his merit review date in an amount of not less than 5.3% of market rate added to his annual salary rate on June 30, 1989. 191 6. Annual salary increments payable on a bi-weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of con- ducting City business as follows: POSITION TITLE Appraiser Assistant City Manager Assistant Civic Center Manager Assistant to City Manager for Community Relations Assistant Commissioner of Revenue Business License Inspector City Attorney City Clerk Director of Real Estate Valuation Director of Administration and Public Safety Director of Finance Director of Human Resources Manager of Civic Center Municipal Auditor Recreation Supervisor Senior Appraiser Superintendent of Social Services Tax Compliance Auditor Youth Services Planner ANNUAL SALARY INCREMENT $ 1,620.00 1,800.00 990.00 1,080.00 1,300.00 1,300.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 990.00 1,800.00 990.00 1,620.00 450.00 1,300.00 900.00. If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be elimi- nated, then the salary increment established by this Ordinance shall be ter- minated as of the date of elimination of such requirement. 7. To the extent of any inconsistency, Ordinance No. 29102, adopted by this Council on May 12, 1988, is hereby REPEALED. 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 on and after July 1, 1989. ATTEST: City Clerk APPROVED Mayor 192 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29558. AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The retirement allowance payable on account of certain members of the City of Roanoke Pension Plan being defined in Paragraph 2 infra who retired prior to July 1, 1988, shall effective July 1, 1989, be increased by three (3) percent itself. 2. The increase in benefits provided for in Paragraph i of this ordinance shall apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: am Any member of the Employees' Supplemental Retirement System (hereinafter "ESRS") or of the Employees' Retire- ment System (hereinafter "ERS") retired under §22.1-44, Normal Service Retirement, or under §22.1-62, Retirement and Service Retirement Allowance Generally, respec- tively, of the Code of the City of Roanoke (1979), as amended, (hereinafter "City Code"), provided such member shall have at least one hundred and twenty months of creditable service; or be Any member of ESRS or ERS retired under §22.1-47, Non- occupational Disability Retirement Allowance, or un--d~F §22.1-65, Nonoccupational Disability Retirement Allowance, respectively, of the City Code, provided such member shall have at least one hundred and twenty (120) months of creditable service; or Co Any member of ESRS or ERS retired under §22.1-48, Occupational Disability Retirement Allowance, or under ~22.1-66, Occupational Disability Retirement Allowance, respectively, of the City Code, regardless of number of years of creditable service; or Any member of ESRS retired under §22.1-45, Early Service Retirement Allowance, or §22.1-46, Vested Allowance, or any member of ERS retired under §22.1-63, Early Service Retirement Allowance, or §22.1-64, Vested Allowance, of the City Code; or ee Any surviving spouse of a member, provided such sur- viving spouse is entitled to benefits under Article III, Employees' Supplemental Retirement System, of Chapter 22.1, Pensions and Retirement, of the City Code, and further provided that the deceased member through whom the surviving spouse is entitled to benefits would qualify, if alive, under paragraph 4.a., 4.b., 4.c., or 4.d of this ordinance; or fe Any member retired under Article V, Police and Fire Department Pension Plan as of December 31, 1945, of Chapter 22.1, Pensions and Retirement, of the City Code, or the surviving spouse of any such member. 3. Effective July 1, 1990, any member of the City of Roanoke Pension Plan (hereinafter "member") retired prior to July 1, 1989, or any surviving spouse of such member (hereinafter "surviving spouse qualifies under Paragraph 2 supra on July 1, 1990, shall be entitled to a lump sum payment in the amount of three (3) percent of such member's or surviving spouse's annual retirement allowance calculated as of July 1, 1990. Such lump sum payment shall be made on or before July 31, 1990. 193 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on July 1, 1989. APPROVED ATTEST: '~51.~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of May, 1989. No. 29559. AN ORDINANCE establishing the per diem rate of compensation for the members of the Board of Equalization of the City of Roanoke; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The per diem rate of compensation for the members of the Board of Equalization of the City of Roanoke appointed by Order of the Circuit Court for the City of Roanoke entered on February 23, 1989, is hereby established at $100.00 per member. 2. The rate of pay established by this Ordinance shall continue in full force and effect with respect to succeeding Boards appointed by the Circuit Court until modified by duly adopted ordinance of this 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: Clerk APPROVED Mayor 194 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29540. AN ORDINANCE permanently, vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Walker Machine and Foundry Corporation has filed an applica- tion 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 May 8, 1989, 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: A portion of Irvine Street, S. W., extending in a northerly direction from its intersection with the northerly line of Penn Street, S. W., to lands of Norfolk Southern Corporation and a portion of Railroad Avenue, S. W., extending from its intesection with the westerly side of Bridge Street, S. W., to previously vacated Russell Avenue, S. W., and con- tinuing to its intersection with Irvine Street, S. W., as shown on Sheets 141 and 142 of the Tax Appraisal Maps of the City of Roanoke. be, 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 are, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or utility by the owner thereof. 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. 195 BE IT FURTHER ORDAINED that the applicant shall, within one (1) year from the date of adoption of this ordinance, provide and record an approved plat of subdivision which plat will integrate the vacated rights-of-way of Irvine Street, S. W., Russell Avenue, S. W., and Railroad Avenue, S. W., with the adja- cent property of the applicant in a manner that will not create any landlocked parcels, and further providing that should the aforesaid plat of subdivision not be prepared and recorded as required, this ordinance shall become null and void without any further action of City Council. 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 Walker Machine and Foundry Corporation, and the names of any other parties in interest who may so request, as Grantees. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29541. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 8, 1989, 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 Con~nission, 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. 227 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 196 Property described as a tract of land containing approximately 1.48 acres, more or less, located on Grandview Avenue, N. W., between Empress Drive and Marr Street, N. W., designated on Sheet No. 227 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2270223 be, and is hereby rezoned from RS-3, Residential Single Family District, to C-1, Office District, subject to those conditions prof- fered by and set forth in the Amended Petition to Rezone filed with the City Clerk on April 12, 1989, and that Sheet No. 227 of the Zone Map be changed in this respect. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29542. 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, to designate certain property within the downtown area of the City as H-l, Historic District. WHEREAS, the City administration has proposed that the here inafter described property be designated with the zoning overlay designation of H-l, Historic District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 8, 1989, 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 historic overlay designation; and WHEREAS, this Council, after considering the aforesaid 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 designated as H-l, Historic District, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 197 Property described as four (4) parcels of land located at 118 - 124 Campbell Avenue and designated on Roanoke City Appraisal Maps as Official Tax Nos. 1011509, 1011510, 1011511 and 1011512 be and is hereby designated H-l, Historic District, and that Sheet No. 101 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED Mayo) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29543. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1~79), as amended, and Sheet No. 651, 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 RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 8, 1989, 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. 651 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 198 Property described as two tracts of land on the westerly si de of Secondary Route No. 626 (Thirlane Road, N. W.), known as 4056 and 4114 Thirlane Road, N. W., designated on Sheet No. 651 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6510101 and 6510102 be, and is hereby rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on April 19, 1989, and that Sheet No. 651 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29544. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke {1979), as amended, and Sheet No. 509, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally rezoned RG-1, General Residential District (now RM-2, Multifamily, Medium Density District). WHEREAS, application has been made to the Council of the City of Roanoke to amend certain conditions presently binding upon a 12.37-acre tract of land lying on the north side of Grandin Road Extension and west of Airview Road, formerly identified as Official Tax Nos. 5090203 and 5090204, according to the Tax Appraisal Maps of the City of Roanoke, which property was previously con- ditionally rezoned by the adoption of Ordinance No. 28603, on April 20, 1987; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 8, 1989, 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 amendment; and WHEREAS, a public hearing was held by City Council on said 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 certain of the conditions now binding upon the hereinafter described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 509 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: 1. The conditions voluntarily proffered by the applicant in appli- cant's Amended Petition to Rezone (To Change Proffered Conditions) filed in the City Clerk's Office on February 17, 1987, and which were approved by the adop- tion of Ordinance No. 28603, on April 20, 1987, is hereby amended in the following respects: 199 A vegetative buffer of forty (40) feet and a twenty (20) foot building setback from said buffer for a combined total building setback from the property line of sixty (60) feet will be retained by the owner/developer at the rear of all two-story townhouse units to be constructed along the northerly property line. A vegetative buffer of thirty (30) feet will be retained wi th a fifteen (15) foot building setback from the buffer for a combined total building line setback of forty-five (45) feet from said northerly property line at the rear of all one-story townhouse units to be con- structed along the subject property line. Ce All plantings made by the applicant will be maintained by the applicant for a period of two years from the date of the issuance of building permits for the construction of adjacent residences. All trees within the setback or vegetative buffer areas that are damaged during construction or that die within the two year period shall be replaced by the applicant. 2. All other conditions proffered by the applicant and approved by the Council's adoption of Ordinance No. 28603, on April 20, 1987, shall remain unchanged and in effect as proffered. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29560. A RESOLUTION approving the granting of a leave of absence for educa- tional purposes to Lois A. Nimmo, 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 Lois A. Nimmo, Social Worker, in the Department of Human Resources, for the period of May 22, 1989, through August 18, 1989, 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. ATTEST: City Clerk APPROVED 200 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29561. A RESOLUTION waiving the standard rental fee for use of certain City facilities for the 20th Anniversary Salute to Roanoke's Festival in the Park, 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 Roanoke Special Events Committee 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 20th Anniversary Salute to Roanoke's Festival in the Park, to be sponsored by the Roanoke Special Events Committee and to grant concession rights in conjunction with such events. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Roanoke Special Events Committee shall be authorized use of Victory Stadium on May 26, 1989, for the 20th Anniversary Salute to Roanoke's Festival in the Park, with waiver of the standard rental fees for such event. 2. Such committee or its designee shall be authorized to operate con- cessions in conjunction with such event. 3. The applicant organization shall furnish a public liabiity and property damage insurance contracts insuring the liability of such organization with regard to such event on the date indicated above, in the minimum amount of $1,000,000.00 per occurrence. The City shall be named as an additional insured on such policy of insurance, and a certificate of insurance reflecting such coverage shall be filed with the City Clerk prior to May 26, 1989, for the 20th Anniversary Salute to Roanoke's Festival in the Park. 4. 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. 5. The applicant organization shall comply with all applicable terms and conditions of Resolution No. 24982, dated January 28, 1980. APPROVED City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29562. 201 AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges $ 4,863,817.00 Read Road Bridge Replacement (1-2) .................. 798,181.00 Capital Improvement Reserve 6,609,993.00 Flood of '85 (3) .................................... - 0 - REVENUE Accounts Receivable - Norfolk Southern (4) ............... $ 33,140.00 (1) Appr. of General Revenue (2) Appr. from Third Party (3) Flood of '85 (4) Accounts Rec. - Norfolk Southern (008-052-9620-9003) $ 49,133.00 (008-052-9620-9004) 33,140.00 (008-052-9575-9172) (49,133.00) (X008-1239) 33,140.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29563. AN ORDINANCE approving the City Manager's issuance of Change Order No. 3 to the City's contract with Lanford Brothers Company, Incorporated, for the Hollins Road (formerly Read Road) Bridge replacement project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 3 to the City's contract with Lanford Brothers Company, Incorporated, dated November 28, 1988, related to the Hollins Road (formerly Read Road) Bridge replacement project. 2. Such Change Order shall provide for the following changes in the work to be performed: 202 ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT WITH PREVIOUS CHANGE ORDERS CHANGE ORDER NO. 3 Contract Item: Install temporary fencing on Singer Furniture Property Design temporary shoring Sub-footer for Piers I and 2 Deduction for modification to storm drain manhole Deduction for Boring Sanitary Sewer (less than amount approved in II.A.1) Deduction for Sanitary Sewer modification Railway Force Account (Relocation of con~nunication lines and providing construction inspector to oversee work within right of way. ) TOTAL AMOUNT OF CHANGE ORDER #3 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 3 $ 662,801.00 $ 703,563.00 + $ 3,198.00 + 1,624.00 + 7,396.00 (1,000.00) (8,000.00) (1,300.00) + 49,063.00 $ 50,981.00 $754,544.00 Additional calendar days resulting from Change Order No. 3 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: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of May, 1989. No. 29565. AN ORDINANCE authorizing acquisition of certain real property located in the City of Roanoke for the purpose of constructing a public parking facility and other improvements; authorizing the City Manager to take appropriate action for purchase of the property; authorizing the City's acquisition of certain pro- perty by condemnation, under certain circumstances; 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, in form approved by the City Attorney, for the cost of $3,000.00, an option for the City to purchase Roanoke City Official Tax Nos. 4010112 and 4010113 and thereafter, if he deems appropriate and in accordance with the terms and conditions contained therein, take appropriate actions and execute the necessary documentation to execute said option for the purchase price of $155,000.00, as more particularly set forth in the report to this Council dated May 15, 1989. 203 2. For the construction of a public parking facility and plaza, the City wants and needs fee simple title, with appurtenant rights, to the following described property owned by Relish Realty, a Virginia partnership, or the current owner: all that certain real estate conveyed to Relish Realty by deed dated March 21, 1989, of record in Roanoke City Deed Book 1599, at page 1450, a copy of which is on file in the Office of the City Clerk, and as set forth in the report to this Council dated May 15, 1989, and identified as Roanoke City Official Tax No. 4010116. 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. 3. A public necessity and use exists for the acquisition of said pro- perty and immediate acquisition by purchase or condemnation is necessary and expedient. 4. 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. 5. 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, and Director of Finance shall be authorized and directed to take any and all action necessary in connection with condemnation or legal proceedings to acquire for the City the appropriate real estate. 6. The City Clerk is directed to mail a copy of this ordinance to Relish Realty, a Virginia partnership. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29564. AN ORDINANCE authorizing an Agreement between the City and Virginia Transformer Corp., dated May 3, 1989, by which the City agrees to convey 9.129 acres and Virginia Transformer Corp., agrees to construct a manufacturing faci- lity of at least 65,000 square feet on the property conveyed to it by the City with construction to begin by December 31, 1989, and to be completed on or before December 31, 1992; and authorizing conveyance of the same property to Virginia Transformer Corp., by general warranty deed. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Mayor and the City Clerk are hereby authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an Agreement between the City and Virginia Transformer Corp., a Virginia cor- poration {hereinafter "Grantee"), dated May 3, 1989, a copy of which is attached of the City Manager's report of May 15, 1989, by which the City agrees to convey 204 to Grantee Parcel i of the Plat of Subdivision recorded in the Clerk's Office of the Circuit Court for the City of Roanoke on June 29, 1988, in Map Book 1, Page 744, consisting of 9.129 acres, and bearing City of Roanoke Official Tax No. 7050107 for the purchase price of $45,645.00; Grantee agrees to begin construc- tion on the property by December 31, 1989, of a manufacturing facility of a minimum of 65,000 square feet and to complete construction of such facility on or before December 31, 1992; and upon other terms and conditions. 2. The Mayor and the City Clerk are hereby authorized and empowered to execute on behalf of the City and to seal and attest, respectively, the City's general warranty deed by which the abovedescribed property shall be con- veyed by the City to Grantee. 3. The form of such Agreement and deed shall each be approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29566. A RESOLUTION recognizing VALERIE EFFERSON 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; and WHEREAS, Valerie Efferson, is an Account Technician with the Motor Vehicle Maintenance Department and has been employed by the City since 1981; and WHEREAS, Ms. Efferson has earned annual performance evaluations of 90 or more each year she has been evaluated; and WHEREAS, Ms. Efferson has attended seminars entitled "Leadership & Supervisory Skills for Women" and "Assertiveness Training for Achievers," and has completed tutorial training sponsored by Literacy Volunteers of America and currently tutors a person in need of such services; and WHEREAS, Ms. Efferson deserves special commendation for her taking a lead role in bringing the City of Roanoke's Vehicle Maintenance Computer System into operation; and WHEREAS, Ms. Efferson has demonstrated initiative and a positive atti- tude while on the job; and WHEREAS, Ms. Efferson has been selected as the Public Works direc- torate's Employee Of The Year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council adopts this means of recognizing and conmmnding the excellent ser- vices rendered to the City by VALERIE EFFERSON, Account Technician. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29567. 2O5 A RESOLUTION authorizing the City Manager to make application to the Virginia Department of Housing and Community Development for expansion of the area of the City's existing Enterprize Zone. WHEREAS, there are additional areas within the City of Roanoke which areas are eligible for designation as an Enterprise Zone; WHEREAS, the Virginia Enterprize Zone Act of 1982 authorizes the amend- ment of an existing Enterprize Zone, thus making qualified business firms which locate or expand within such an amended zone eligible for significant credits on State taxes; WHEREAS, the designation of additional areas of the City as part of the Enterprize Zone has the potential to stimulate significant private sector investment within the City in an area where such business and industrial growth would result in much needed neighborhood revitalization; and WHEREAS, this Council, acting in its capacity as governing body of the City of Roanoke, has held a public hearing on the proposed amendment, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on the proposed amendment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is authorized, for and on behalf of the City, to make application to the Virginia Department of Housing and Community Development to have those areas described in a report of the City Manager to Council dated May 22, 1989, designated as an amendment to the existing Enterprize Zone pursuant to the provisions of the Virginia Enter- prize Zone Act of 1982. 2. The City Manager or the Assistant City Manager is authorized to submit to the Virginia Department of Housing and Community Development any addi- tional information necessary for the Department's review and consideration of the City's application for an amendment to the existing Enterprize Zone. ATTEST: City Clerk APPROVED 206 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29568. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development $ 1,189,203.00 Greater Roanoke Transit Co. (1) ..................... 256,018.00 REVENUE Revenue from Use of Money/Property $ 1,232,687.00 Church Avenue Parking Garage (2) .................... 452,187.00 (1) Local Match (2) Park Mgt. - Revenue from Three Garages (001-056-8150-3699) (001-020-1234-0534) $32,187.00 32,187.00 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 22nd day of May, 1989. No. 29569. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Judicial Administration $60,307.00 Multi-Jurisdiction Drug Prosecutor (1-15) ............... 60,307.00 REVENUE Judicial Administration $60,307.00 Multi-Jurisdiction Drug Prosecutor (16) ................. 60,307.00 (1) Regular Employee Salaries (2) F.I.C.A. (3) Hospital Ins. (035-026-5121-1002) (035-026-5121-1120) (035-026-5121-1125) $44,345.00 3,309.00 801.00 207 (4) Dental Ins. (5) Life Insurance (6) Local Mileage (7) Training and Development (8) Telephone (9) Admin. Supplies (10) Dues and Memberships (11) Publications and Subscriptions (12) Management Services (13) Other Rental (14) Expendable Equipment (15) Furniture and Equipment (16) State Grant Revenue (035-026-5121-1126) (035-026-5121-1130) (035-026-5121-2046) (035-026-5121-2044) (035-026-5121-2020) (035-026-5121-2030) (035-026-5121-2042) (035-026-5121-2040) (035-026-5121-7015) (035-026-5121-3075) (035-026-5121-2035) (035-026-5121-9005) (035-035-1234-7036) 126.00 450.00 210.00 800.00 1,080.00 1,039.00 500.00 500.00 635.00 3,825.00 462.00 2,225.00 60,307.00 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 May, 1989. No. 29570. A RESOLUTION authorizing the acceptance of a Multi-Jurisdictional Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Multi-Jurisdictional Special Drug Prosecutor Grant No. ADA87-A6576/87-A6792 AD in the total amount of $60,307.00 from the Commonwealth of Virginia. 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, including the form providing for waiver of 1989 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 grant or with such project. ATTEST: City Clerk APPROVED Mayor 2O8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29571. AN ORDINANCE authorizing and directing the proper City officials to enter into a certain lease between the City of Roanoke and Crystal Tower Associates for use by the multi-jurisdictional drug prosecutor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk be, and they are hereby, authorized and directed to execute and attest, respectively, for and on behalf of the City of Roanoke, in such form as is approved by the City Attorney, with Crystal Tower Associates a lease of Suite 205 on the second floor of the Crystal Tower Building, 145 W. Campbell Avenue, for use by the multi-jurisdictional drug prosecutor, as described in the City Manager's report of May 22, 1989, for a period of nine months commencing on April 1, 1989 and terminating December 31, 1989. The monthly rental shall be $425.00. Such lease shall contain such other terms and conditions as are approved and required by the City Manager. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29572. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $244,544.00 Youth Services Grant 88-I-12 (1) ....................... 47,587.00 REVENUE Health and Welfare $244,544.00 Youth Services Grant 88-I-12 (2) ....................... 47,587.00 (1) Temporary Employee Wages (2) State Grant Revenue (035-052-8826-1004) (035-035-1234-7031) $1,071.00 1,071.00 209 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29573. 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 "Amended Special Conditions" with the Department of Corrections for this grant for the purpose of continuing coordinated planning and youth ser- vices program implementation by the City's Office on Youth until June 30, 1989. 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, 1989, in an amount and subject to such terms as are described in the report to Council from the City Manager dated May 22, 1989. 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 "Amended 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 210 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29574. AN ORDINANCE authorizing the execution of a contract with Olver, Inc., to provide engineering services for a valley industrial sewage survey; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Olver, Inc., for the provision by such firm of engineering services for a valley industrial sewage survey, as more particularly set forth in the May 22, 1989, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall be in the amount of $200,353.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29575. 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. 211 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 as it is described in Application Form LC-G-1. 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 funds not properly used or accounted for pursuant to the regulations and the application. 7. Said 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. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29576. 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 $24,000 on April 3, 1989, by Resolution 29507, allocated under the Stuart B. McKinney Homeless Assistant 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 non-profit 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 follows: $8,500 be allocated to Roanoke Area Ministries for the RAM House project for payment of monthly maintenance/utility fees. 2o $10,000 be allocated to Total Action Against Poverty for the acquisition and installation of a walk-in freezer at the Transitional Living Center. 0 $5,500 be allocated to TRUST for shelter operations and services. 212 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) $8,500 to Roanoke Area Ministries for the RAM House pro- ject for payment of monthly maintenance/utility fees. (b) $10,000 to Total Action Against Poverty for installation of a walk-in freezer at the Transitional Living Center. (c) $5,500 to TRUST for shelter operations and services. 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: City Clerk ~~.~PPROVED ~ ~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29577. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Dixon Contracting, Inc., for the Coyner Springs gravity sanitary sewer main extension; 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. 1 to the City's contract with Dixon Contracting, Inc., dated April 17, 1989, related to the Coyner Springs gravity sanitary sewer main extension. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINIAL CONTRACT AMOUNT $ 258,783.00 DESCRIPTION OF CHANGE ORDER NO. i Rerouting of sanitary sewer $ 14,741.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. i $ 273,524.00 Time extension required as a result of this Change Order None. 213 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 Mayo) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29578. AN ORDINANCE approving the City Manager's issuance of Change Order No. 4 to the City's contract with Aaron J. Conner, General Contractor, Inc., for Williamson Road Storm Drain Phase 2, Contract IIA {Lower Segment); 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 Aaron J. Conner, General Contractor, Inc., dated November 2, 1987, related to Williamson Road Storm Drain Phase 2, Contract IIA {Lower Segment). 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINIAL CONTRACT AMOUNT $1,498,057.35 CONTRACT AMOUNT INCLUDING PREVIOUS CHANGE ORDERS 1,543,467.55 DESCRIPTION OF CHANGE ORDER NO. 4 Additional rock excavation and account close out $ 47,913.78 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 4 $1,591,381.33 Time extension required as a result of this Change Order 60 calendar days. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 214 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29579. AN ORDINANCE approving location and major design features of the Franklin Road, S. W., Street Widening, from Third Street, S. W., to Elm Avenue, S. W., Project No. 0221-128-101, PE 101, RW-201, C-501; requesting the Virginia Department of Transportation to acquire all necessary rights-of-way for the Project; authorizing the City Manager to execute all necessary railroad and uti- lity agreements in conjunction with such Project; and providing for an emergency. WHEREAS, a location and design public hearing was conducted on March 28, 1989, in the City of Roanoke by representatives of the Commonwealth of Virginia, Department of Transportation after due and proper notice for the pur- pose of considering the proposed location and design of Franklin Road, S. W., Street Widening, from Third Street, S. W., to Elm Avenue, S. W., Project No. 0221-128-101, PE 101, RW-201, C-501, 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 requirements; WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; WHEREAS, representatives of the City of Roanoke were present and and participated in said hearing; WHEREAS, this Council has previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council considered all such matters; fol 1 ows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. The Council of the City of Roanoke hereby approves the location and major design features of the proposed project as presented at the public hearing. 2. The City of Roanoke requests the Virginia Department of Transportation to acquire all rights-of-way necessary for this project conveying said rights-of-way to the City at the appropriate time. 3. The City Manager is hereby authorized to execute, on behalf of the City of Roanoke, all necessary railroad and utility agreements required in con- junction with acquiring such rights of way. 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 22nd day of May, 1989. No. 29580. 215 AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Parks, Recreation and Cultural Contributions - Cultural (1) $3,312,871.00 505,074.00 FUND BALANCE Reserved CMERP - City (2) ................................. $ 426,618.00 (1) Julian Stanley Wise Foundation (001-002-7220-3716) (2) Reserved CMERP - City (001-3323) $ 45,000.00 (45,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: ¢. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29581. A RESOLUTION authorizing a donation of City funds in the amount of $50,000.00 to the Julian Stanley Wise Foundation. WHEREAS, Julian Stanley Wise, a native Roanoker, organized one of the first life-saving or rescue squads in America in Roanoke in 1928; WHEREAS, since that time, countless lives have been saved and serious injuries treated by what may be considered one of the most significant voluntary movements in the history of our country; WHEREAS, in 1985, the Honorable Noel C. Taylor, Mayor of the City of Roanoke, suggested establishment of a museum to celebrate this important aspect of our community's heritage; and WHEREAS, the Julian Stanley Wise Foundation has been created which has as its objective the establishment of a state of the art exhibit commemorating life-saving and rescue squads; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to §15.1-25, Code of Virginia (1950), as amended, City Council hereby authorizes a donation of City funds in the amount of $50,000.00, including $5,000.00 previously appropriated to Whittaker Associates, Inc., for the conduct of a feasibility study, to the Julian Stanley Wise Foundation. 216 2. The Clerk is directed to forward an attested copy of this resolu- tion to the Chairman of the Board of Directors of the Julian Stanley Wise Foundati on. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29582. A RESOLUTION establishing the rate of rein~ursement per mile to be paid to officers and employees of the City for use of privately owned personal motor vehicles on City business; and providing for an effective date. WHEREAS, the City Council is required by §2-35, Code of the City of Roanoke (1979), as amended, to establish, from time to time, a rate of rei~ur- sement per mile to be paid to officers and employees of the City for the use of privately owned personal motor vehicles on City business; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. On and after July 1, 1989, the rate of reimbursement per mile to be paid to officers and employees of the City for the use of privately owned personal motor vehicles on City business is hereby established at the rate of twenty-four cents ($0.24) per mile for the first 15,000 miles of such travel in each fiscal year and eleven cents ($0.11) per mile for each additional mile over 15,000 miles in such fiscal year. 2. This resolution shall be in full force and effect on and after July 1, 1989. ATTEST: City Clerk PROVED Mayor IN THE COUNCIL OF THE CITY The 22nd day of May, 1989. No. 29583. OF ROANOKE, VIRGINIA, 217 AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Internal Service Funds Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations City Clerk (1) ....................................... $ 238,807.00 City Manager (2) ..................................... 454,583.00 City Attorney (3) .................................... 476,429.00 Commissioner of Revenue (4) .......................... 727,507.00 Treasurer (5) ........................................ 648,199.00 Real Estate Valuation (6) ............................ 630,054.00 General Services (7) ................................. 516,986.00 Municipal Auditor (8) ................................ 406,416.00 Director of Administration and Public Safety (9) ..... 97,556.00 Personnel Management (10) ............................ 490,770.00 Director of Human Resources (11) ..................... 130,783.00 Registrar (12) ....................................... 198,126.00 Circuit Court (13) ................................... 136,704.00 Clerk of Circuit Court (14) .......................... 752,555.00 Law Library (15) ..................................... 134,402.00 Commonwealth Attorney (16) .......................... 520,827.00 Police Investigation (17) ............................ 1,780,600.00 Police Patrol (18) ................................... 5,164,751.00 Police Services (19) ................................. 1,427,547.00. Fire Administration (20) ............................. 221,694.00 Fire Operations (21) ................................. 8,163,741.00 Fire Training & Safety (22) .......................... 87,602.00 Building Inspections (23) ............................ 642,745.00 Emergency Services (24) .............................. 259,274.00 Animal Control (25) .................................. 205,371.00 Street Maintenance (26) .............................. 2,870,582.00 Communications (27) .................................. 1,465,500.00 Signals and Alarms (28) .............................. 743,590.00 Refuse Collection (29) ............................... 3,640,119.00 Custodial Services (30) .............................. 839,579.00 Engineering (31) I 071 725 O0 Grounds Maintenance (32) ............................. 2,887,060.00 Social Services - Administration (33) ................ 773,652.00 Food Stamp Authorization (34) ........................ 403,007.00 Income Maintenance (35) .............................. 2,450,782.00 Social Services - Services (36) ...................... 4,240,695.00 Employment Services (37) ............................. 445,136.00 Nursing Home (38) .................................... 1,141,404.00 Parks and Recreation (39) ............................ 1,237,255.00 Libraries (40) ....................................... 1,592,521.00 Community Planning (41) .............................. 286,082.00 Economic Development & Grants (42) ................... 278,647.00 Community Education (43) ............................. 34,499.00 Personnel Lapse (44) ................................. - 0 - Revenue Commissioner of Revenue (45) ......................... $ 206,156.00 Treasurer (46) ....................................... 241,779.00 Commonwealth Attorney (47) ........................... 394,066.00 PAAdministration andStaffDevel !~!. 3,189,797.00 FoodStamp Authorization (49) .... ?~.m?~. .]::]]]]] 348,082.00 Employment Services (50) ............................. 399,035.00 INTERNAL SERVICES FUND Appropriations Materials Control (52) ...... 144,793.00 Utility Line Services (53) ........................... 2,618,103.00 Motor Vehicle Maintenance (54) ....................... 1,703,179.00 Personnel Lapse (55) - 0 - (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) (4o) (41) (42) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (55) Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regul ar Em Regular Em Regular Em Regular Em Regular Em. Regul ar Em' Regular Em Regul ar Em Regular Em Regul ar Em Regul ar EmI Regul ar Em' Regular Em Regul ar Em' Regul ar EmI Regul ar Em Regul ar Em Regular Em Regul ar Em Regul ar Em' Regular 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 Regular Em Regul ar Em Regular Em Regular Em Regul ar Em Regular Em )l oyee Sal ari es )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Sal ar~ es )l oyee Salaries )l oyee Sal ar~ es )l oyee Salaries )l oyee Sal ar~ es )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Sal arl es )l oyee Sal ar~ es )l oyee Sal ar~ es )l oyee Salaries )l oyee Sal ar~ es )l oyee Salaries )l oyee Sal ar~ es )l oyee Salaries )l oyee Sal ar~ es )l oyee Salaries )l oyee Sal ar~ es )l oyee Salaries )l oyee Sal ar~ es )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries )l oyee Salaries Regular Em)loyee Salaries Personnel Lapse Commissioner of Revenue Treasurer Commonwealth Attorney PA Admin. & Staff Devel. Food Stamp Authorization Employment Services Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Personnel Lapse (001-001-1120-1002) $ 700.00 (001-002-1211-1002) 1,650.00 (001-003-1220-1002) ( 5,000.00) (001-022-1233-1002) ( 3,900.00) (001-020-1234-1002) ( 8,000.00) (001-022-1235-1002) 690.00 (001-050-1237-1002) ( 1,300.00) (001-005-1240-1002) 350.00 (001-050-1260-1002) 350.00 (001-050-1261-1002) ( 14,000.00) (001-054-1270-1002) ( 325.00) (001-010-1310-1002) 145.00 (001-072-2110-1002) ( 1,925.00) (001-028-2111-1002) 150.00 (001-054-2150-1002) 6,100.00 (001-026-2210-1002) ( 6,000.00) (001-050-3112-1002) (13,735.00) (001-050-3113-1002) (62,890.00) (001-050-3114-1002) ( 6,400.00) (001-050-3211-1002) (10,500.00) (001-050-3213-1002) (43,000.00) (001-050-3214-1002) ( 3,000.00) (001-052-3410-1002) { 3,700.00) (001-050-3520-1002) ( 125.00) (001-050-3530-1002) (13,000.00) (001-052-4110-1002) ( 4,000.00) (001-052-4130-1002) (17,000.00) (001-052-4160-1002) 1,600.00 (001-052-4210-1002) (30,000.00) (001-052-4220-1002) { 10,000.00) (001-052-4310-1002) (10,000.00) (001-050-4340-1002) (25,000.00) (001-054-5311-1002) ( 3,400.00) (001-054-5312-1002) (18,500.00) (001-054-5313-1002) ( 8,400.00) (001-054-5314-1002) { 35,000.00) (001-054-5316-1002) (21,000.00) (001-054-5340-1002) ( 1,600.00) (001-050-7110-1002) 6,500.00 (001-054-7310-1002) ( 5,000.00) (001-052-8110-1002) 6,800.00 (001-002-8120-1002) 225.00 {001-054-8170-1002) 250.00 (001-002-9410-1090) 275,000.00 (001-020-1234-0612) (1,950.00) (001-020-1234-0613) (4,000.00) (001-020-1234-0610) (6,000.00) (001-020-1234-0676) (37,440.00) (001-020-1234-0677) (14,800.00) (001-020-1234-0681) (21,000.00) (006-050-1601-1002) (15,000.00) (006-050-1613-1002) (5,000.00) (006-056-2625-1002) (25,000.00) (006-052-2641-1002) (5,000.00) (006-002-9411-1090) 50,000.00 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 22nd day of May, 1989. No. 29584. 219 AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works $19,753,935.00 Street Paving (1) ................................... 1,994,656.00 REVENUE Fines and Forfeitures $ 557,000.00 Parking Tickets (2) ................................. 250,000.00 Revenue from Use of Money and Property 1,300,500.00 Interest on Investments (3) ......................... 358,000.00 Grants-in-Aid Commonwealth 50,125,244.00 Other Categorical Aid (4) ........................... 12,578,828.00 Charges for Current Services 3,266,219.00 Miscellaneous (5) ................................... 220,000.00 FUND BALANCE CMERP Unappropriated - City (6) .......................... $ 496,596.00 (1) Fees for Prof. Services (2) Parking Tickets (3) Interest Revenue (4) Street Construction (5) Payment in Lieu of Taxes - RRHA (6) CMERP - Unapprop. - City (001-052-4120-2010) (001-020-1234-0410) (001-020-1234-0501) (001-020-1234-0650) (001-020-1234-0858) (001-3323) $ 1,001,000.00 60,000.00 100,000.00 276,000.00 45,000.00 (520,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: 4. ~'~ C~ity Clerk APPROVED Mayor 220 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29585. AN ORDINANCE accepting the bid of Virginia Asphalt Paving Co., Incorporated, for bituminous concrete overlays and pavement profiling of various streets within the City of Roanoke, 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 Virginia Asphalt Paving Co., Incorporated, in the total amount of $1,641,000.00, for bituminous concrete overlays and pavement profiling of various streets within the City of Roanoke, 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, as more particularly set forth in the report to this Council dated May 22, 1989. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29586. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $ 5,498,748.00 Development Property Evaluation (1) ................. 2,840,000.00 FUND BALANCE Reserved Fund Balance - Unappropriated (2) ............... $ 1,279,491.00 221 (1) Appr. of General Revenue (2) Reserved Fund Balance (008-052-9629-9003) (008-3339) $ 2,840,000.00 (2,840,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29587. AN ORDINANCE authorizing that a certain contract be entered into with Anderson Wade Douthat and Frances Brown Douthat for the purchase of certain real estate; authorizing that the deed to said real estate be accepted and executed; ratifying the filing of a petition to rezone the said real estate; authorizing the issuance and delivery of funds for the purchase of said real estate; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be, and he is hereby authorized for and on behalf of the City, to enter into a written contract with Anderson Wade Douthat and Frances Brown Douthat for the purchase of certain real estate now belonging to Anderson Wade Douthat and Frances Brown Douthat, said contract attached to the City Manager's report dated May 22, 1989, both of which are hereby incor- porated by reference and copies of which are 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; and 2. That the Mayor of the City of Roanoke be, and he is hereby authorized to accept and execute the requisite deed, upon approval of the form of the deed by the City Attorney; and 3. That the filing by the Assistant City Manager of a petition with the Planning Commission for the rezoning of the real estate from RA and RS-3 to LM be, and is hereby, ratified; and 4. That, upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City the fee simple title to the aforesaid real estate in accordance with and subject to the terms and conditions of the contract, on behalf of the grantors, Anderson Wade Douthat and Frances Brown Douthat, such deed to be in form approved by the City Attorney, the proper City officials shall be, and are hereby authorized to issue and deliver to such person or persons as are certified by the City Attorney to be entitled thereto the $20,000 per acre purchase price, for a total purchase price of approximately $2,840,000.00, hereinabove provided, less any amount, as set forth in said contract; and 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. /~~ P P R 0 V E D ATTEST: City Clerk Mayor 222 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1989. No. 29588. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $2,918,102.00 Development Property Evaluation (1) .................. 100,000.00 Capital Improvement Reserve 6,940,102.00 Capital Improvement Reserve (2) ...................... 602,278.00 (1) Appr. of General Revenue (2) Econ. Development (008-052-9629-9003) (008-052-9575-9178) $ 100,000.00 (lO0,000.00) 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 22nd day of May, 1989. No. 29589. AN ORDINANCE authorizing the execution of a contract with Mattern & Craig, Consulting Engineers, to provide engineering services in connection with site development analysis on an approximately 140-acre tract of land; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an engineering services reimbursement with cost ceiling contract with Mattern & Craig, Consulting Engineers, for provision of engineering ser- vices in connection with site development analysis on an approximately 140-acre tract of land, as more particularly described in the May 22, 1989, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall not exceed the amount of $100,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. The City Engineer 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. 223 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1989. No. 29590. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Education $14,753,009.00 Chapter I Summer 124-89-2 (1-32) .................... 291,753.00 Chapter I Winter 124-89-1 (33) ...................... 1,642,079.00 REVENUE Education $14,753,009.00 Chapter I Summer 124-89-2 (34) ...................... 291,753.00 Chapter I Winter 124-89-1 (35) ...................... 1,642,079.00 (1) Teachers (2) Counselors (3) Coordinators (4) Teacher Aides (5) Social Security (6) Retirement - VSRS (7) Group Life Ins. (8) Instructional Travel (9) Guidance Travel (10) Field Trips (11) Parent Involvement (12) Instructional Supplies (13) Guidance Supplies (14) Director (15) Clerical (16) Transportation of Pupils (17) Delivery Driver (18) Crossing Guards (19) Social Security (20) Retirement - VSRS (21) Group Life Ins. (22) Indirect Costs (23) Maintenance Contracts (24) Student Ins. (25) Lease of Computer Equipment (26) Admin. Travel (27) Evaluation (035-060-6125-6449-0121) (035-060-6125-6449-0123) (035-060-6125-6449-0124) (035-060-6125-6449-0141) (035-060-6125-6449-0201) (035-060-6125-6449-0202) (035-060-6125-6449-0205) (035-060-6125-6449-0551) (035-060-6125-6449-0554) (035-060-6125-6449-0583) (035-060-6125-6449-0585) (035-060-6125-6449-0614) (035-060-6125-6449-0615) (035-060-6125-6549-0114) (035-060-6125-6549-0151) (035-060-6125-6549-0171) (035-060-6125-6549-0172) (035-060-6125-6549-0195) (035-060-6125-6549-0201) (035-060-6125-6549-0202) (035-060-6125-6549-0205) (035-060-6125-6549-0212) (035-060-6125-6549-0331) (035-060-6125-6549-0538) (035-060-6125-6549-0541) (035-060-6125-6549-0554) (035-060-6125-6549-0584) $123,500.00 3,061.00 8,744.00 39,802.00 13,075.00 1,363.00 89.00 600.00 100.00 3,845.00 288.00 11,300.00 75.00 3,464.00 3,068.00 19,550.00 1,210.00 1,100.00 756.00 1,018.00 67.00 5,008.00 300.00 600.00 25,465.00 350.00 500.00 224 (28) Misc. Materials (29) Inservice (30) Office Supplies (31) Food (32) Instructional Equipment (33) Compensation of Teachers (34) Federal Grant Receipts (35) Federal Grant Receipts (035-060-6125-6549-0586) (035-060-6125-6549-0587) (035-060-6125-6549-0601) (035-060-6125-6549-0602) (035-060-6125-6549-0821) (035-060-6124-6000-0121) (R035-060-6125-1102) (R035-060-6124-1102) 600.00 6,500.00 300.00 7,500.00 8,555.00 (291,753.00) 291,753.00 (291,753.00) 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 5th day of June, 1989. No. 29591. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $11,615,067.00 Citizen Services Committee (1) ...................... 223,087.00 REVENUE Charges for Current Services $ 3,222,251.00 Miscellaneous (2) ................................... 176,032.00 (1) Roanoke Area Ministries (2) Miscellaneous (001-054-5220-3723) (001-020-1234-0859) $1,032.00 1,032.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor 225 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1989. No. 29592. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $11,614,035.00 Social Services - Services (1) ...................... 4,333,195.00 Income Maintenance (2-3) ............................ 2,398,382.00 REVENUE Grants-in-Aid Commonwealth $49,849,244.00 Welfare (4-6) ....................................... 7,139.906.00 (1) Purchased Services (001-054-5314-3160) (2) Temporary Employee Wages (001-054-5313-1004) (3) General Relief (001-054-5313-3125) (4) Purchased Services (001-020-1234-0683) (5) PA Admin. & Staff Development (001-020-1234-0676) (6) General Relief (001-020-1234-0674) $ 57,500.00 (47,500.00) (lO,OOO.OO) 51,750.00 (45,500.00) (6,250.00) 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 5th day of June, 1989. No. 29593. A RESOLUTION approving the participation of the County of Craig in Mental Health Services of the Roanoke Valley with the Cities of Roanoke and Salem and the Counties of Botetourt and Roanoke. WHEREAS, Mental Health Services of the Roanoke Valley is currently established and operating a single con~nunity services board for the Cities of Roanoke and Salem and Counties of Botetourt and Roanoke pursuant to Chapter 10 of Title 37.1, Code of Virginia (1950), as amended; and WHEREAS, Craig County, by letter from Jeffrey Johnson, County Administrator, dated April 19, 1989, has requested that it be permitted full participation in Mental Health Services of the Roanoke Valley and that the Board of Mental Health Services be reorganized to recognize the full participation of Craig County. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 226 1. The County of Craig shall be allowed full participation in the Mental Health Services of the Roanoke Valley, with the Cities of Roanoke and Salem and Counties of Botetourt and Roanoke, upon giving full financial support thereto and with the understanding that such participation will not result in the diminution of services available to City of Roanoke residents. 2. The By-Laws of Mental Health Services of the Roanoke Valley shall be amended to authorize one member from Craig County to be included on the Board of Directors of Mental Health Services of the Roanoke Valley and in other appropriate respects. 3. The City Clerk is directed to forward an attested copy of this resolution to the Clerk's of the governing bodies of the City .of Salem and the Counties of Botetourt, Roanoke and Craig. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1989. No. 29594. A RESOLUTION authorizing the filing of an application with the Department of Housing and Community Development for an allocation of certain state funds to be used in the City's Multifamily Rehabilitation Loan Program. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to prepare and submit to the Department of Housing and Community Development an application for funds in the amount of $837,000 for the Multifamily Rehabilitation Loan Program, such Program to be generally con- sistent with the proposed general outline of the Program as described in the report of the City Manager to Council dated June 5, 1989. City Clerk APPROVED Mayor 227 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1989. No. 29595. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Office of Management and Budget (1) .................. $ 275,507.00 Grants Compliance (2) ................................ 46,773.00 Director of Finance (3) .............................. 1,388,031.00 City Treasurer (4) ................................... 706,199.00 Commissioner of Revenue (5) .......................... 661,407.00 Real Estate Valuation (6) ............................ 645,364.00 Jail {7) ............................................. 3,493,570.00 Clerk of Circuit Court (8) ........................... 753,416.00 Personnel Management (9) ............................. 505,325.00 Police Services (10) ................................. 1,470,193.00 Emergency Services {11) .............................. 338,626.00 Parks and Recreation (12) ............................ 1,243,555.00 Communications (13) .................................. 1,484,230.00 Director of Human Resources (14) ..................... 131,467.00 Registrar (15) ....................................... 189,481.00 (1) City Information Systems (2) City Information Systems { 3) City Information Systems (4) City Information Systems (5) City Information Systems (6) City Information Systems (7) City Information Systems (8) City Information Systems (9) City Information Systems (10) City Information Systems (11) City Information Systems (12) City Information Systems (13) City Information Systems {14) City Information Systems (15) City Information Systems (001-002-1212-7005) (001-002-8123-7005) (001-004-1231-7005) (001-020-1234-7005) (001-022-1233-7005) (001-023-1235-7005) (001-024-3310-7005) (001-028-2111-7005) (001-050-1261-7005) (001-050-3114-7005) (001-050-3520-7005) (001-050-7110-7005) (001-052-4130-7005) (001-054-1270-7005) (001-010-1310-7005) $(30,000.00) 686.00 19,701.00 50,000.00 (70,000.00) 16,000.00 (92,000.00) 1,011.00 555.00 30,671.00 79,227.00 560.00 1,730.00 359.00 (8,500.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1989. No. 29596. AN ORDINANCE authorizing the execution of a contract with O. D. Page,' P.E., to provide consultant services in connection with the proposed cable tele- vision franchise renewal; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with O.D. Page, P.E., for the provision by such firm of consultant services in connection with the proposed cable television franchise renewal, as more particularly set forth in the June 5, 1989, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall be in the amount of $28,930.00, such cost to be shared by among the City of Roanoke, County of Roanoke and the Town of Vinton, as set forth in the June 5, 1989, report of the City Manager to this Council. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1989. No. 29598. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation $7,640,951.00 Williamson Road Retention Basin (1) .................. 724,957.00 Capital Improvement Reserve 5,903,169.00 Public Improvement Bonds - Series 1988 (2) ........... 5,376,891.00 (1) Appr. of Bonds (2) Storm Drains (008-052-9622-9001) (008-052-9603-9176) $ 579,957.00 (579,957.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Clerk APPROVED Mayor 229 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of June, 1989. No. 29599. AN ORDINANCE accepting the bid of H. T. Bowling, Inc., for construction of Williamson Road Storm Drain Storn~ater Retention Basin, Phase II, Contract I-D, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H. T. Bowling, Inc., made to the City in the total amount of $527,233.00 for construction of Williamson Road Storm Drain Storn~vater Retention Basin, Phase II, Contract I-D, 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29597. AN ORDINANCE authorizing the relocation of a sanitary sewer line and vacation of an existing sanitary sewer easement upon real property located in the City known as 4815 Williamson Road, N. W., and bearing Official Tax No. 2170138, 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, appropriate documentation providing for the vaca- tion of an existing sanitary sewer easement approximately 142' in length across property owned by Rally's Hamburgers at 4815 Williamson Road, N. W., Official 23O Tax No. 2170138, as well as the acceptance of a new sanitary sewer easement approximately 161.50' in length and 15' in width across said property, approval for said vacation and acceptance to be contingent upon compliance with all existing City requirements including approval by the appropriate City officials of a suitable site development plan and approval by the City Engineer of plans and specifications for the new sanitary sewer line, as well as satisfactory construction of such improvements, as more particularly set forth in the report to this Council dated June 5, 1989. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29605. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation $7,096,694.00 Williamson Road Storm Drain Eng. Services (1) ........ 740,100.00 Capital Improvement Reserve 6,395,293.00 Public Improvement Bonds - Series 1988 (2) ........... 5,921,148.00 (1) Appr. of Bonds (008-052-9551-9001) $ 35,700.00 {2) Storm Drains (008-052-9603-9176) {35,700.00) 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 12th day of June, 1989. No. 29606. 231 AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Mattern & Craig, Consulting Engineers, for ser- vices performed in connection with the Williamson Road Storm Drain and Sanitary Sewer Projects; 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 authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Mattern & Craig, Consulting Engineers, dated August 19, 1988, in order to provide for additional services to be performed in connection with the above-referenced projects. 2. Such Change Order shall provide for the services set forth in the attachment to the City Manager's report to Council dated June 12, 1989, and the cost of those additional services shall not exceed $35,700.00. 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. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29607. AN ORDINANCE approving a Change Order to the contract with Olver, Inc., for landfill site analysis, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Change Order to the contract with Olver, Inc., assigned to Roanoke County for landfill site analysis in the amount of $15,794.55, as more particularly set forth in the City Manager's report to this Council dated June 12, 1989, is hereby approved and the City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, any necessary appropriate documentation evidencing such approval. 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 232 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29608. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated, for repair and renovation of the Signals and Alarms area of the Public Works Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Construction Services of Roanoke, Incorporated, made to the City in the total amount of $16,286.00 for repair and renovation of the Signals and Alarms area of the Public Works Center, such bid being in full compliance with the City's plans and specifications made therefor and as pro- vided 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, exe- cution of such contract to be subject to approval of the appropriate supporting documents. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29609. 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, 1989, by and between the City, the Governor's Employment and Training Department, the Fifth District Employment and Training Consortium, and the Fifth District Employment and Training Consortium's Private Industry Council which agreement relates to the respective responsibilities and liabilities of the 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 June 12, 1989; such agreement to be approved as to form by the City Attorney prior to its execution. 233 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29610. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges $5,190,948.00 Second Street/Gainsboro Road/Wells Avenue (1) ........ 1,220,450.00 Capital Improvement Reserve 6,313,002.00 Public Improvement Bonds - Series 1988 (2) ........... 5,838,857.00 (1) Appr. from Bond Funds (008-052-9547-9001) $ 117,991.00 (2) Series 1988 - Public Improvement Bonds - Streets & Bridges (008-052-9603-9181) (117,991.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ^TTEST: ~ ~City Clerk Mayor 234 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29611. AN ORDINANCE approving the City Manager's issuance of Amendment No. 2 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; 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 authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's contract with Mattern & Craig, Consulting Engineers, dated January 26, 1988, in order to provide for additional services to be performed in connection with the above-referenced projects. 2. Such Amendment shall provide for the services set forth in the City Manager's report to Council dated June 12, 1989, and the cost of those additional services shall not exceed $481,405.09, with the total contract amount not to exceed $1,462,161.10. 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 12th day of June, 1989. No. 29612. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Internal Service Funds Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations General Fund (1-110) .................................... $141,004,433.00 INTERNAL SERVICE FUND Appropriations Internal Service Fund (111-124) ......................... $ ( 1) Hospitalization Insurance ( 2) Hospitalization Insurance ( 3) Hospitalization Insurance (001-001-1120-1125) (001-002-1211-1125) (001-002-1212-1125) 6,934,813.00 $ 679.00 707.00 1,488.00 235 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) 70) 71) 72) 73) 74) 75) Hospital ization Insurance Hospital ization Insurance Termination Leave Wages Hospitalization Insurance W/C Medical Termination Leave Wages Hospitalization Insurance W/C Wages W/C Medical Termination Leave Wages Hospitalization Insurance Hospital ization Insurance Hospitalization Insurance Termination Leave Wages Hospitalization Insurance Hospital ization Insurance Hospitalization Insurance W/C Wages W/C Medical Termination Leave Wages Hospitalization Insurance W/C Medical Termination Leave Wages Hospitalization Insurance Termination Leave Wages Hospitalization Insurance Hospitalization Insurance Termination Leave Wages Hospitalization Insurance Termination Leave Wages Hospitalization Insurance Hospitalization Insurance W/C Wages W/C Medical Termination Leave Wages Hospitalization Insurance W/C Wages W/C Medical Termination Leave Wages Hospitalization Insurance W/C Wages Hospitalization Insurance W/C Wages W/C Medical Termination Leave Wages Hospitalization Insurance Termination Leave Wages Hospitalization Insurance W/C Wages W/C Medical Termination Leave Wages W/C Medical Hospitalization Insurance W/C Wages W/C Medical Termination Leave Wages W/C Medical Hospitalization Insurance Termination Leave Wages Hospitalization Insurance W/C Wages W/C Medical Termination Leave Wages W/C Medical Termination Leave Wages Hospitalization Insurance Hospitalization Insurance W/C Wages W/C Medical Termination Leave Wages Hospitalization Insurance W/C Medical (001-002-8120-1125) (001-004-1231-1125) (001-004-1231-1150) (001-004-1232-1125) (001-004-1232-1140) (001-004-1232-1150) (001-004-9110-1125) (001-004-9110-1135) (001-004-9110-1140) (001-004-9110-1150) (001-005-1240-1125) (001-010-1310-1125) (001-020-1234-1125) (001-020-1234-1150) (001-022-1233-1125) (001-023-1235-1125) (001-024-2140-1125) (001-024-2140-1135) (001-024-2140-1140) (001-024-2140-1150) (001-024-3310-1125) (001-024-3310-1140) (001-024-3310-1150) (001-026-2210-1125) (001-026-2210-1150) (001-028-2111-1125) (001-050-1237-1125) (001-050-1237-1150) (001-050-1260-1125) (001-050-1260-1150) (001-050-1261-1125) (001-050-3112-1125) (001-050-3112-1135) (001-050-3112-1140) (001-050-3112-1150) (001-050-3113-1125) (001-050-3113-1135) (001-050-3113-1140) (001-050-3113-1150) (001-050-3114-1125) (001-050-3114-1135) (001-050-3213-1125) (001-050-3213-1135) (001-050-3213-1140) (001-050-3213-1150) (001-050-3520-1125) (001-050-3520-1150) (001-050-3521-1125) (001-050-3521-1135) (001-050-3521-1140) (001-050-3521-1150) (001-050-3530-1140) (001-050-4340-1125) (001-050-4340-1135) (001-050-4340-1140) (001-050-4340-1150) (001-050-7110-1140) (001-052-1280-1125) (001-052-3410-1150) (001-052-4110-1125) (001-052-4110-1135) (001-052-4110-1140) (001-052-4110-1150) (001-052-4130-1140) (001-052-4130-1150) (001-052-4160-1125) (001-052-4210-1125) (001-052-4210-1135) (001-052-4210-1140) (001-052-4210-1150) (001-052-4220-1125) (001-052-4220-1140) 532.00 6,685.00 1,174.00 2,949.00 624.00 859.00 (148,588.00) (65,216.00) (300,000.00) (90,950.00) 595.00 378.00 1,395.00 1,166.00 609.00 2,869.00 5,990.00 465.00 2,759.00 483.00 13,930.00 88,779.00 2,360.00 2,068.00 2,120.00 1,558.00 1,653.00 628.00 252.00 412.00 1,478.00 5,769.00 8,504.00 8,314.00 1,666.00 15,581.00 5,615.00 86,922.00 9,087.00 7,578.00 2,169.00 19,223.00 12,421.00 59,561.00 5,413.00 279.00 1,929.00 3,948.00 11,023.00 9,327.00 381.00 279.00 2,246.00 10,864.00 19,034.00 436.00 3,501.00 252.00 2,730.00 6,017.00 3,871.00 8,727.00 1,409.00 2,605.00 3,922.00 1,634.00 9,616.00 6,731.00 13,230.00 4,214.00 5,094.00 724.00 236 (76) (77) (78) (79) (8o) (81) (82) (83) (84) (85) (86) (87) (88) (89) (90) (91) (92) (93) (94) (95) (96) (97) (98) (99) ( lOO ) (lOl) (102) (103) (104) (105) (106) (107) (i08) (109) (110) (lll) (112) (113) (114) (115) (116) (117) (118) (119) (12o) (121) (122) (123) (124) BE shall be in ATTEST: City Termination Leave Wages Hospital i zati on Insurance Hospitalization Insurance W/C Wages W/C Medical Hospital i zati on Insurance Hospital i zati on Insurance Hospital ization Insurance W/C Wages W/C Medical Hospital i zati on Insurance W/C Wages W/C Medical Hospital ization Insurance Termination Leave Wages Hospital ization Insurance Termination Leave Wages Hospital ization Insurance Hospitalization Insurance Termination Leave Wages Hospital ization Insurance W/C Medical Termination Leave Wages Hospital ization Insurance W/C Medical Termination Leave Wages Termination Leave Wages Hospital ization Insurance W/C Medical Termination Leave Wages Hospital ization Insurance Termination Leave Wages Hospital ization Insurance Hospital ization Insurance Termination Leave Wages W/C Wages W/C Medical Termination Leave Wages Termination Leave Wages W/C Medical Termination Leave Wages Hospital ization Insurance W/C Wages W/C Medical Termination Leave Wages Hospital ization Insurance W/C Wages W/C Medical Termination Leave Wages IT FURTHER ORDAINED that, effect from its passage. APPRO Clerk (001-052-4220-1150) (001-052-4310-1125) (001-052-4330-1125) (001-052-4330-1135) (001-052-4330-1140) (001-054-1270-1125) (001-054-2150-1125) (001-054-3320-1125) (001-054-3320-1135) (001-054-3320-1140) (001-054-3330-1125) (001-054-3330-1135) (001-054-3330-1140) (001-054-3350-1125) (001-054-3350-1150) (001-054-3360-1125) (001-054-3360-1150) (001-054-5311-1125) (001-054-5312-1125) (001-054-5312-1150) (001-054-5313-1125) (001-054-5313-1140) (001-054-5313-1150) (001-054-5314-1125) (001-054-5314-1140) (001-054-5314-1150) (001-054-5316-1150) (001-054-5340-1125) (001-054-5340-1140) (001-054-5340-1150) (001-054-7310-1125) (001-054-7310-1150) (001-056-1250-1125) (001-072-2110-1125) (001-072-2110-1150) (006-004-9111-1135) (006-004-9111-1140) (006-004-9111-1150) (006-050-1601-1150) (006-050-1613-1140) (006-050-1613-1150) (006-052-2641-1125) (006-052-2641-1135) (006-052-2641-1140) (006-052-2641-1150) (006-056-2625-1125) (006-056-2625-1135) (006-056-2625-1140) (006-056-2625-1150) 218.00 372.00 4,359.00 1,585.00 5,242.00 281.00 590.00 1,812.00 671.00 2,284.00 427.00 1,297.00 14,756.00 1,307.00 491.00 948.00 2,916.00 3,720.00 1,071.00 959.00 5,022.00 682.00 3,443.00 2,259.00 1,251.00 3,556.00 1,320.00 2,279.00 1,498.00 1,066.00 4,676~00 590.00 252.00 1,161.00 903.00 9,384.00) 6,610.00) 13,789.00) 4,963.00 165.00 2,561.00 4,400.00 225.00 1,149.00 3,775.00 465.00 4,294.00 5,296.00 2,490.00 an emergency existing, this Ordinance VED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29613. 237 A RESOLUTION directing that the City Attorney institute and conduct suit to collect delinquent real estate taxes and assessments by judicial sale. BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney is authorized and directed to institute and conduct a suit to collect delinquent real estate taxes and assessments by public or private judicial sale with respect to the following described real estate lying in the City of Roanoke, Virginia: Assessed Legal Property Owner(s) Description Address Shakir, Abdul Mubdee & Gloria Zakiyyah Lot 8, Blk 1, Rosemont No. 2 {2340508) 1423 Cove Road, N. W. Quick, Richard & Anita K. Lot 3-C, Forest Hill (1360125) 1340 Hidden View Road, S. W. Booth, Kenneth C. & Beatrice F. S.Pt. Lots 17, & 18, Blk 2, Walnut Hill {4041121) 727 Riverland Road, S. E. Shell, Maynard G. & Lucille Pt. Lots 14, & 15, Blk 15, Belmont (4120314) 1006 Jamison Avenue, S. E. Richardson, Larry D. Lot 3, Blk. 5, R L & I Irwin 1707 Wise Avenue, S. E. Pritchett, Henry S. and Owen, Dan D. N.Pt. Lots 102, & 103, Blk. 5, R L & I (4010505) 117 Salem Ave., S. E. Pritchett, Henry S. and Owen, Dan D. N.Pt. Lots 104, & 105, Blk. 5, R L & I (4010506) 121 Salem Ave., S. E. Earle Properties c/o Dan D. Owen Lots 107, 108, & 109, Blk. 5, R L & I (4010507) 105 2nd St., S. E. Earle Properties c/o Dan D. Owen Lots 110, 111, 112 & 113, Blk. 5, R L & I (4010508) 107 2nd St., S. E. Pritchett, Henry S. Owen, Dan D. Lot 103, Blk. WD5, R L & I (4010509) 118 Campbell Avenue, S. E. Eastland Developers, Inc. Acreage, Lynchburg Turnpike (7200101) Mary Linda Ave., N. E. Eastl and Developers, Inc. Lynchburg Road (7200102X) Mary Linda Ave., N. E. 238 Eastland Developers, Inc. Lynchburg Road (7200103X) Allen Enterprises, Inc. Pt. Lot 1, Blk. 1, Green Hill (2420301) Allen Enterprises, Inc. Lot 2, Blk. 1, Green Hill (2420302) Allen Enterprises, Inc. Lot 3, Blk. 1, Green Hill (2420303) APPROVED City Clerk Mary Linda Ave., N. E. 2535 Melrose Avenue, N. W. 2523 Melrose Avenue, N. W. Melrose Ave., N.W. Ma3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29614. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges $5,534,107.00 Downtown Curb & Sidewalk Replacement Ph. I (1) ....... 461,150.00 Capital Improvement Reserve 5,969,843.00 Public Improvement Bonds - Series 1988 (2) ........... 5,494,698.00 (1) Appr. of Bonds (2) Streets & Bridges (008-052-9631-9001) (008-052-9603-9181) $ 461,150.00 (461,150.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 239 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of June, 1989. No. 29615. AN ORDINANCE accepting the bid of H & S Construction Company for construction of downtown curb and sidewalk replacement, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City offi- cials to execute the requisite contract for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H & S Construction Company made to the City in the total amount of $436,150.00 for construction of downtown curb and sidewalk replacement, 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, exe- cution of such contract to be subject to approval of the appropriate supporting documents. 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 12th day of June, 1989. No. 29616. A RESOLUTION expressing congratulations to the County of Roanoke on being selected as an All-American City for 1989, and commending the County of Botetourt for its participation and cooperation in the impressive community pro- jects entered by the County of Roanoke in the All-American City competition. WHEREAS, the County of Roanoke has consistently demonstrated an ability to solve problems and meet the needs of citizens through joint action of citi- zens and government; and WHEREAS, in recognition of its concerted efforts to solve community problems and bring measurable results, the County of Roanoke was selected as an All-American City on May 13, 1989, by the National Civic League; and WHEREAS, the County of Roanoke is one of only a few counties in the United States to have won the award; and WHEREAS, the County of Roanoke is the only Virginia County to have ever won the award; and 240 WHEREAS, the National Civic League's All-American City award program represents the nation's oldest and most respected community recognition program; and WHEREAS, the Hollins Community Development project, the Blue Ridge Library, and the development of a Master Plan for the Explore Project were the projects entered by the County of Roanoke in the All-American City competition; and WHEREAS, the County of Botetourt worked diligently with the County of Roanoke on the Hollins Community Development Project; their joint efforts resulted in housing rehabilitation and substantial improvements in services for a low and moderate income housing area on the Botetourt County line; and WHEREAS, the County of Botetourt provided support to the County of Roanoke in establishing the Blue Ridge Library, which is the first library in the state to be jointly owned and operated by two counties. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council expresses its congratulations to the County of Roanoke on being selected for the most prestigious All-American City award for 1989. 2. This Council commends the County of Botetourt for its par- ticipation and cooperation in the impressive community projects entered by the County of Roanoke in the All-American City competition. 3. This Council wishes continued success to all those involved. 4. The City Clerk is directed to forward attested copies of this resolution to the Board of Supervisors of Roanoke County and Botetourt County. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29600. AN ORDINANCE to amend §36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally rezoned from RS-3, Residential Single Family District to C-1, Office District. WHEREAS, application has been made to the Council of the City of Roanoke to amend certain conditions presently binding upon a a tract of land located at 2920 Sweetbriar Avenue, S. W., described as Lots 4, 5 and 6, of the C. F. Kefauver Map, identified as Official Tax Nos. 1651004, 1651005 and 1651006 on the Tax Appraisal Maps of the City of Roanoke, which property was previously conditionally rezoned by the adoption of Ordinance No. 29455, adopted on February 21, 1989; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 12, 1989, 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 amendment; and 241 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 certain of the conditions now binding upon the hereinafter described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 651 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Third Amended Petition to Rezone (to chapge proffered conditions) filed in the Clerk's Office on May 9, 1989, and aL set forth in the Report of the Planning Commission dated June 12, 1989. ..~,~.. .~ 2. All other conditions proffered by the applicant and approved by the Council's adoption of Ordinance No. 29455, on February 21, 1989, shall remain unchanged and in effect as proffered. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29601. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 122, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 12, 1989, 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. 122 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 242 Property described as a parcel located at 907 Winona Avenue, S. W., containing .16 acre, designated on Sheet No. 122 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1222017 be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on April 12, 1989, and that Sheet No. 122 of the Zone Map be changed in this respect. APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Th~?~§th (lay of June, 1989. No. 29602. 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 applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single-family District, to RM-1, Residential Multifamily, Low Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 12, 1989, 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. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 243 Property described as two lots at the end of Hawthorne Road, N. W., being Lots 4A and SA, Map of Airlee Court, containing 0.253 and 0.217 acres, respectively, designated on Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2190408 and 21904909 be, and is hereby rezoned from RS-3, Residential Single-family District, to RM-1, Residential Multi- family, Low Density District, subject to those conditions proffered by and set forth in the Third Amended Petition to Rezone filed with the City Clerk on April 26, 1989, and that Sheet No., 219 of the Zone Map be changed in this respect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29603. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 709, 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-2, Residential Multifamily, 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 June 12, 1989, 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. 709 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 2 4'4 Property described as a tract of land lying in the City of Roanoke, containing 5.204 acres, situated between U.S. Route 460 and King Street, N. E., designated on Sheet No. 709 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 7090501 be, and is hereby rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, sub- ject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on May 5, 1989, and that Sheet No. 709 of the Zone Map be changed in this respect. APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29604. AN ORDINANCE granting to the United Way of Roanoke Valley, Inc., a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. WHEREAS, the United Way of Roanoke Valley, Inc., (Permittee) has requested that Council authorize the Permittee to mount certain flags on certain street lighting poles in the Central Business District of the City, Permittee's request being more particularly set forth in the letter of Charity L. Myerly, Communications Director, dated May 9, 1989; 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 per- mittee's request being more particularly described in the letter dated May 9, 1989, from Charity L. Myerly, Communications Director, United Way of Roanoke Valley, Inc., a copy of which is on file in the office of the City Clerk. 2. The permit granted by this ordinance shall be revocable at the pleasure of the City of Roanoke. 3. Any and all costs in connection with the granting of this permit shall be borne by the Permittee. 4. The Permittee shall, and by execution of this ordinance, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions, and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Permittee's intentional acts or negligent acts or omissions with respect to the rights or privileges granted hereby. 5. Permittee shall give notice to the City's Director of Public Works prior to entry on to City property or City facilities for installation or mounting of the flags. 6. The permit granted by this Ordinance shall be effective September 5, 1989, and shall expire, by its own terms, without notice, at mid- night on September 26, 1989. 7. This ordinance shall be in full force and effect at such time after its effective date as a copy, duly signed, seal ed, attested and acknowledged by an appropriate official on behalf of the United Way of Roaonke, Valley, Inc., has been filed in the Office of the City Clerk. APPROVED 24,5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29617. AN ORDINANCE authorizing the execution of an agreement with the Commonwealth of Virginia Department of Transportation relating to the develop- ment 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 and the City Clerk are authorized to execute and to seal and attest, respectively, an agreement with the Commonwealth of Virginia Department of Transportation relating to the development of Thirlane Road, N. W., such agreement to provide for funding from the Commonwealth not to exceed $391,000.00 in eligible costs for the project, with the City to bear all addi- tional costs; such agreement to be in substantially the same form as it is attached to the City Manager's report to Council dated June 19, 1989, and to be approved as to form by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: ty C1 erk APPROVED ice~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29618. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Non-Departmental Contingency - General Fund (1) ...................... Parks, Recreation, and Cultural Contributions - Cultural (2) ........................ $11,920,397.00 67,334.00 3,363,748.00 514,002.00 I1~1 Contingency. VWCC Arboretum 001-002-9410-2199 001-002-7220-37171 ${8,928.00) 8,928.00 246 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29619. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $277,497.00 Virginia Summer Food Service Program 1989 (1-2) ........ 32,953.00 REVENUE Health and Welfare $277,497.00 Virginia Summer Food Service Program 1989 (3) .......... 32,953.00 (i). Food Costs (035-054-5119-6010) $30,599.00 (2) AdminlsSration (035-054-5119-6012) 2,354.00 (3)y~tk~)L-ral~Grant Rev. (035-035-1234-7070) 32,953.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29620. 247 AN ORDINANCE authorizing the execution of a grant application made on behalf of the City of Roanoke for the United States Department of Agriculture 1989 Summer Food Service Program, and the acceptance of the subsequent grant award; authorizing the acceptance of the bid of Total Action Against Poverty and award of the requisite contract to prepare and deliver the Summer Food Service Program daily meals to designated feeding sites in the City of Roanoke; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, W. Robert Herbert, or the Assistant City Manager, 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 1989 Summer Food Service Program, and accept the grant award in the amount of $32,952.60 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 19, 1988. 2. The bid of Total Action Against Poverty made to the City offering to prepare and deliver the Summer Food Service Program daily meals to designated feeding sites in the City of Roanoke, for an average cost of $1.53 per meal, is hereby ACCEPTED. 3. The. City Manager or the Assistant City Manager and the City Clerk are hereby authorized, ob behalf of the City, to execute and attest, respec- tively,~the K~quisi%~.,~qontract with the successful bidder, based on its proposal ade ther~fbr and the City ~ specifications made therefor, the contract to be in such form as approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk 248 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29622. AN ORDINANCE accepting the bid of Highway Safety Supply, Inc., made to the City for furnishing and delivering 5,700 gallons of traffic paint; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Highway Safety Supply, Inc., made to the City, offering to supply 5,700 gallons of traffic paint, meeting all of the City's specifica- tions and requirements therefor, for the total bid price of $33,762.00, which bid is on file in the Office of the City Clerk, be and 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 equip- 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. 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, ,Theflgth day of June, 1989. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Non-departmental $13,006,347.00 Transfers to Other Funds (1) ........................ 11,518,308.00 Revenue Grants-in-Aid Commonwealth (2) ........................... $50,275,653.00 Grants-in-Aid Federal Government (3) ..................... 2,260,810.00 249 CAPITAL FUND Appropriations Capital Improvement Reserve $ 6,828,058.00 Capital Improvement Reserve (4-5) ................... 1,451,167.00 Traffic Engineering 1,396,420.00 Traffic Signals - General (6) ....................... 675,829.00 Fund Balance Future Capital Projects (7) .............................. $ 5,340,580.00 (1) Transfers to Capital {2) Flood Damage Reimbursements (3) Flood Damage Reimbursement {4) Future Flood Reduction (5) Neighborhood Storm Drains .(6) ~Appr. from General Rev. (7) Future Capital Projects -i~. \BE IT-FURTHER ORDAINED that, shall be in effect from its passage. (001-052-9310-9508) $ 1,077,022.00 (001-020-1234-0664) 235,599.00 (001-020-1234-0707) (008-052-9575-9186) (008-052-9575-9187) (008-052-9560-9003) (008-3329) 841,423.00 817,024.00 259,998.00 79,795.00 79,795.OO) an emergency existing, this Ordinance ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29624. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government Director of Human Resources (1) ..................... Heal th and Wel fare Heal th Department (2) ............................... Citizen Services Committee (3-23) ................... Public Safety Subsidies to Lifesaving Crews (24) .................. $ 7,857,047.00 144,660.00 11,874,375.00 1,014,169.00 230,200.00 25,230,284.00 130,264.00 (1) Fees for Prof. Services (2) Especially for You (3) Subsidies (4) ARC/CHD Industries (5) T~nker Mountain Industries '".(6) AaO~ Care Center (7) Roanoke Valley Arts Council (8) Big Brothers/Big Sisters (9) Child Abuse and Neglect (10) CORD (11) Family Services (001-054-1270-2010) (001-054-5110-3727) (001-054-5220-3700) (001-054-5220-3726) (001-054-5220-3747) (001-054-5220-3746) (001-054-5220-3737) (001-054-5220-3729) (001-054-5220-3730) (001-054-5220-3731) (001-054-5220-3720) $ 35,900.00 8,000.00 (378,100.00) 27,000.00 22,000.00 3,900.00 3,700.00 4,200.00 2,600.00 3,150.00 35,500.00 250 (12) Free Clinic (13) Information and Referral (14) League of Older Americans (15) Blue Ridge Multiple (16) NW Child Development (17) Roanoke Area Ministries (18) Roanoke Symphony Society (19) Roanoke Valley Speech & Hearing (20) TRUST (21) RADAR (22) West End Community Center (23) West VA Emergency Medical Services (24) Subsidies (001-054-5220-3721) (001-054-5220-3732) (001-054-5220-3722) (001-054-5220-3733) (001-054-5220-3734) (001-054-5220-3723) (001-054-5220-3736) (001-054-5220-3738) (001-054-5220-3740) (001-054-5220-3725) (001-054-5220-3745) (001-054-5220-3741) (001-050-3260-3700) 17,500.00 5,430.00 23,500.00 1,250.00 11,500.00 25,000.00 5,000.00 2,100.00 6,300.00 22,300.00 2,166.00 6,104.00 104,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk "' ~'~2''' bJJ~[m(~UNCIL OF THE CITY OF ROANOKE, VIRGINIA, 'lhe 19th day of dune, 1989. No. 29625. A RESOLUTION concurring in the recommendation of the Citizens' Services Committee for allocation of City funds to various agencies. WHEREAS, the Fiscal Year 1989-90 budget approved by City Council for the Citizens' Services Committee provides for funding in the amount of $378,100.00; 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, 24 requests for City funds in the total amount of $618,944.25 were received by the Citizens' Services Committee from various agencies. BE IT RESOLVED by the Council of the City of Roanoke that this Council concurs in the recommendations of the Citizens' Services Committee as to the allocation for funding to various agencies as more particularly set forth in the attachment to the Committee Report submitted to this Council dated June 19, 1989. BE IT FURTHER RESOLVED that the Chairman of the Citizens' Services Committee and the Director of Finance are authorized to release funds to any agency, provided that objectives, activities, and other reassurances have been submitted and accepted. ATTEST: City Clerk APPROVED 251 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29626. AN .ORDINANCE to amend and reordain certain sections of the 1988-89 General ~i~ppropril~i~ns, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works $19,709,535.00 Building Maintenance (1) ............................ 3,221,349.00 FUND BALANCE Capital Maintenance and Equipment Replacement Program - City (2) ................................................ $ 401,596.00 (1) Maintenance Third Party (2) CMERP - City (001-052-4330-3056) (001-3323) $ 50,000.00 (50,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY.OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29627. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated for certain alterations and additions for the General District Court of the Roanoke courts facility, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Construction Services of Roanoke, Incorporated, in the total amount of $43,190.00, for certain alterations and additions for the General District Court of the Roanoke courts facility, such bid being in full compliance with the City's plans and specifications made therefor and as pro- vided 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. ny an ll $ er id ~ade to the City for the foresa bidder aanr~ hereby RE~CTE~, anldd ta~e ~!~ C~er~ is directed to notify eaca~ suchid work to express to each the City's appreciation for such bid. 252 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 19th day of June, 1989. No. 29628. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations · 6n-~ei~artment~l $11,949,325.00 ~ , TransfeYs to Other Funds (1 . . ' C ge cy (2) .......... 10,S21,286.00 . , ., . .. . . 16,262.00 Revenue Miscellaneous Revenue (3) ................................ $ 121,032.00 CAPITAL FUND Appropriations Recreation Park Improvement Wasena, Washington, Eureka (4-6)... Renovations to Wasena, Eureka, Jackson, and Washington Parks (7-9) ............................. Capital Improvement Reserve Capital Improvement Reserve (10) .................... Public Improvement Bonds - Series 1988 (11) ......... Streets and Bridges Streets and Bridges (12) ............................ $ 1,413,292.00 60,000.00 540,000.00 6,415,993.00 62.00 5,896,848.00 5,027,957.00 821,284.00 (1) Transfer to Capital (2) Contingency (3) Misc. Revenue (4) Appr. from Bonds (5) Appr. from General Revenue { 6) Appr. from State (7) Appr. from Bonds (8) Appr. from General Revenue (001-004-9310-9508) (001-002-9410-2199) (001-020-1234-0859) (008-050-9546-9001) (008-050-9546-9003) (008-050-9546-9007) (008-050-9632-9001) (008-050-9632-9003) (9) Appr. from State (008-050-9632-9007) (10) Buildings and Structures (008-052-9575-9173) (11) Parks (008-052-9603-9180) (12) Appr. from General Rev. (008-052-9513-9003) 80,000.00 (60,000.00) 20,000.00 (80,000.00) (120,000.00) (140,000.00) 140,000.00 260,000.00 140,000.00 (15,000.00) (6o,ooo.oo) (45,000.00) 253 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ty Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. No. 29629. AN ORDINANCE accepting the bid of Acorn Construction, Ltd., for construction of renovations to Wasena, Eureka, Jackson and Washington Parks, upon certain~terms and conditions, and awarding a contract therefor; authorizing the proper .City officials to execute the requisite contract for such work; rejecti~g'~l~ other b~d~ made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Acorn Construction, Ltd., made to the City in the total amount of $515,030.00 for construction of renovations to Wasena, Eureka, Jackson and Washington Parks, such bid being in full compliance with the City's plans and specifications made therefor as modified through negotiations between the City and the bidder in accordance with §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 June 19, 1989, 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, exe- cution of such contract to be subject to approval of the appropriate supporting documents. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: /~~,~ ~ City Clerk 254 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of June, 1989. ~ . ~ ~ No. 29630. . ~A RESObUTION authorizing settlement of litigation styled Loretta Lynn Brown C)iapman v. City of Roanoke and Richard Lee Nimmo, pending in the Circuit Court for the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney shall be authorized to settle the litigation styled Loretta Lynn Brown Chapman v. City of Roanoke and Richard Lee Nimmo, filed in the Circuit Court for the City of Roanoke on September 1, 1988, by payment of $17,500.00 from the City's Reserve for Self-Insured Liabilities established pursuant to §2.-188.1, Code of the City of Roanoke (1979), as amended, such settlement to be con- ditioned upon execution by the plaintiff of an appropriate release as to the City and its employee, such release to be approved by the City Attorney. ATTEST: p~ City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29621. AN ORDINANCE accepting a bid for concession privileges at Carvins Cove 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 that: 1. The bid of D & B Outfitters, which bid complies with all City spe- cifications, for concession privileges at Carvins Cove for a fee of $500.00 for the period June 1, 1988 to April 30, 1989 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. The agreement shall incorporate all the terms, provi- sions and conditions contained in the City's form of proposal advertised for bids and on which the aforesaid concessionaire's bid to the City was made, and the form of such agreement shall be approved by the City Attorney. APPROVED 'ATT~,ST( ! : F ~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29631. 2'5 5 AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §30-4.1, Sidewalk sales, providing for conduct of sidewalk sales by merchants in the Downtown Service District; establishing rules and regulations for the conduct of such sales; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: §30-4.1. Sidewalk sales. (a) Upon application of merchants in the Downtown Service District as defined by §32-102.2 of this Code, the City Manager shall be authorized to issue permits for the display of goods and merchandise and the conduct of sales on public sidewalks in the Downtown Service District during one (1) calendar week only in each calendar year. A single application may be submitted on behalf of more than one merchant provided such application shall be properly executed by an authorized representative of each merchant seeking to become a permittee. No such permit shall authorize the exhi- bition of goods or wares on any sidewalk in excess of three (3) feet in front of the building line of the building occupied by the permittee, and in no case shall available sidewalk width be less than three (3) feet between exhibited goods and merchandise and any other permanent sidewalk ame- nity, such as street trees, trash receptacles, utility poles or sign posts. (b) Each permit shall require that the permittee con- ducting a sidewalk sale shall indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, injuries or damages to persons or property that may arise by reason of the grant of such permit or activities conducted pursuant to such permit. The City Manager may issue one permit designating all participating merchants as permittees. Each permittee shall obtain standard form public liability insurance, issued by some company licensed to tran- sact business in this State, insuring such permittee against liability for personal injury or death for not less than $100,000.00 for any one person and not less than $300,000.00 for any one accident or occurrence and for not less than $50,000.00 for property damage occurring as a result of such permit or activities conducted pursuant to such permit; the amounts of such insurance may be evidenced by a policy com- bining bodily injury and property damage liability in an aggregate amount of at least $500,000.00. The City, its officers, agents and employees, shall be named as additional insureds in every such policy of insurance, and a certificate of such insurance shall be filed with the City Manager or his designee not less than seven (7) days prior to the commen- cement of any sidewalk sale. A single policy of insurance meeting the requirements of this subsection and naming each permittee and the City and its officers, agents and employees as insureds or additional insureds may be accepted. (c) Each permittee shall at the close of each business day remove from that portion of the sidewalk occupied by him all garbage, trash, refuse and other material. (d) The City Manager shall be authorized to issue rules and regulations, not inconsistent with this section, governing the use of public sidewalks in the Downtown Service District for sales. Any such permit may be revoked by the City Manager for failure to comply with such rules and regu- lations. 256 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29633. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Civic Center Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Operating $1,494,545.00 Other Charges (1) .................................... 453,304.00 Contractual Services (2) ............................. 130,279.00 Promotional 84,388.00 Personal Services (3) ................................ 70,100.00 REVENUE Civic Center Fees (4-5) ................................... $ 614,000.00 Commissions (6) ........................................... 154,375.00 (1) Electric (2) Prof. Services (3) Temporary Employee Wages (4) Admissions Tax (5) Coliseum Rental (6) Concessions (005-050-2105-2022) (005-050-2105-2010) (005-050-2106-1004) (005-020-1234-0941) (005-020-1234-0936) (005-020-1234-0950) $41,000.00 16,000.00 13,000.00 39,700.00 3,100.00 27,200.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29634. 257 AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works $19,728,556.00 Refuse Collection (1) ............................... 3,680,925.00 General Government 7,774,717.00 General Services {2) ................................ 414,706.00 (1) Fees for Prof. Services (2) Insurance (001-052-4210-2010) (001-050-1237-3020) $ 40,806.00 (40,806.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 7~ City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29635. A RESOLUTION extending the pay benefits provided for by Resolution No. 4748 for a certain emergency service employee. WHEREAS, Resolution No. 4748, adopted February 28, 1936, provides that police officers and firefighters absent from duty because of disabling injuries incurred in the line of duty shall suffer no loss in compensation for sixty days; WHEREAS, by Resolution No. 4748, Council has voluntarily established a local benefit for the City's police officers and firefighters, and eligibility for such benefit is determined solely by the terms of Resolution No. 4748, not by the Workers' Compensation Act or related law; WHEREAS, Resolution No. 4748 requires that extension of benefits pro- vided for by such resolution beyond sixty days shall be only upon authority of Council; WHEREAS, John C. Arrington of the Fire Department has previously been determined eligible for such benefits, and by report of June 26, 1989, the City Manager has recommended that benefits available to such employee be extended be- yond sixty days by authority of Council. THEREFORE, BE IT RESOLVED by the Council as follows: 1. John C. Arrington of the Fire Department shall be paid the dif- ference between his base pay and any sums received pursuant to the Workers' Compensation Compensation Act for a period of sixty days from May 24, 1989, or until such officer is able to return to duty, whichever occurs first. 258 2. Such employee shall under no circumstances receive payments from the City, including Workers' Compensation benefits, in excess of his regular base pay. 3. The City Manager shall be authorized to terminate the benefits provided for by this resolution should it be established by report of a licensed physician that said employee is able to return to duty. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29636. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety $498,752.00 Forfeited Property Grant (1) ........................ 78,688.00 REVENUE Public Safety $498,752.00 Forfeited Property Grant (2) ........................ 78,688.00 (1) Investigations and Rewards (2) Federal Revenue (035-050-3300-2150) $24,388.00 (035-035-1234-7060) 24,388.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED May( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29637. 259 AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant 1986-87 (1-7) ........... $2,418,464.00 Community Development Block Grant 1987-88 (8-9) ........... 3,456,585.00 Community Development Block Grant 1988-89 (10-14) ......... 2,206,485.00 Community Development Block Grant 1989-90 (15-60) ......... 2,261,443.00 Section 108 - Deanwood, Shaffers Crossing (61-62) ......... 922,300.00 REVENUE Community Development Block Grant 1988-89 (63-66) ......... $2,206,485.00 Community Development Block Grant 1989-90 (67-72) ......... 2,261,443.00 (1) Rental Rehab (035-086-8620-5161) (2) Home Purchase Assistance (035-086-8620-5115) (3) Phoenix Project (035-086-8620-5129) (4) Phoenix Project (035-086-8620-5154) (5) Fairfax Avenue Clearance (035-086-8620-5172) (6) Vacant Lot Homesteading (7) Personnel Srvcs. (8) Unprog. CDBG - Deanwood (9) Shaffers Crossing (10) Vacant Lot Homesteading (11) Code Enforcement - Personnel (12) Code Enforcement - Nonsalary (13) Program Development (14) Emergency Home Repair (15) RRHA General Admin. (RRHA) (16) Critical Home Repair Support (17) Private Loan Support (18) Private Subsidy Support (19) Rental Rehab Support (20) Operation Paintbrush Support (21) Deanwood Expansion Support (22) Deanwood Addition Support (23) Shaffers Crossing (24) Fairfax Avenue Clearance Support (25) Home Purchase Assist. Support (26) Travel/Educ-Grants Compl i ance (27) Materials Grants Compliance (28) Consultant Services (29) Personnel Services Etc. (30) Fringe Benefits (31) Telephone (32) Mgmt. Services (33) Materials-Supplies (Housing) (035-086-8620-5104) (035-086-8620-1002) (035-087-8740-5179) (035-087-8730-5145) (035-088-8820-5104) (035-088-8820-1002) (035-088-8820-5111) (035-088-8815-5906) (035-088-8820-5168) (035-089-8910-5035) (035-089-8910-5036) (035-089-8910-5037) (035-089-8910-5038) (035-089-8910-5039) (035-089-8910-5048) (035-089-8910-5044) (035-089-8910-5045) (035-089-8910-5047) (035-089-8910-5033) (035-089-8910-5034) (035-089-8915-5081) (035-089-8915-5085) (035-089-8915-5095) (035-089-8915-1002) (035-089-8915-1100) (035-089-8915-2020) (035-089-8915-7015) (035-089-8918-5083) $(50,852.00) 50,852.00 (20,715.00) (27,500.00) 48,215.00 (40,475.00) 40,475.00 (54,171.00) 54,171.00 (6,000.00) 11,025.00 1,000.00 5,502.00 28,375.00 95,660.00 56,500.00 36,500.00 23,500.00 63,700.00 27,300.00 20,000.00 16,000.00 21,500.00 36,000.00 20,000.00 528.00 1,900.00 7,000.00 49,704.00 11,696.00 1,590.00 2,666.00 1,700.00 260 (34) Travel/Educ./Memberships (Housing) (35) Salaries (36) Fringes (37) Critical Home Repair (RRHA) (38) Operation Paintbrush (39) Private Loan Program (40) Demolition/Securement (41) Private Laon Subsidy (RRHA) (42) Home Purchase Loan Program (43) ADRC Renovation (44) Personnel Srvcs. (45) Supplies/Telephone/ Printing (46) Program Development (47) Mini Grants (48) Travel and Ed. - Staff (49) Travel and Ed. - Citizens (50) Equipment (51) NW Community Services (52) Neighborhood Marketing (53) Personnel Srvcs. (54) Coca Cola Section 108 Repayment (55) Deanwood/Shaffers 108 Repayment (56) NW Supermarket (57) WVA Revolving Loan Fund (58) Neighborhood Plans (59) NW Curbs, Gutter, Sidewalks (60) Emergency Assistance Fund (61) Deanwood 108 (62) Shaffers Crossing 108 (63) Program Income (64) Program Income (65) Program Income (66) Program Income (67) CDBG Entitlement Revenue (68) Parking Lot Income - RRHA (69) Other Program Income - RRHA (70) Lease Payment - Cooper (71) Coke UDAG Repayment (72) Float Loan Interest (035-089-8918-5088) (035-089-8918-1002) (035-089-8918-1100) (035-089-8920-5101) (035-089-8920-5102) (035-089-8920-5105) (035-089-8920-5108) (035-089-8920-5113) (035-089-8920-5115) (035-089-8920-5176) (035-089-8920-1002) (035-089-8925-5120) (035-089-8926-5121) (035-089-8925-5122) (035-089-8925-5123) (035-089-8925-5124) (035-089-8925-5090) (035-089-8925-5166) (035-089-8925-5167) (035-089-8925-1002) (035-089-8930-5139) (035-089-8930-5146) (035-089-8930-5177) (035-089-8930-5174) (035-089-8937-5163) (035-089-8937-5190) (035-089-8938-5158) (035-002-9900-7000) (035-002-9900-7001) (R035-035-1234-8921) (R035-035-1234-8903) (R035-035-1234-8902) (R035-035-1234-8907) (R035-035-1234-9001) (R035-035-1234-9002) (R035-035-1234-9003) (R035-035-1234-9006) (R035-035-1234-9010) (R035-035-1234-9021) $ 1,500.00 24,128.00 5,972.00 125,000.00 30,000.00 40,000.00 26,000.00 95,000.00 99,148.00 84,000.00 5,865.00 4,265.00 2,800.00 5,000.00 3,000.00 5,100.00 2,800.00 21,623.00 12,000.00 74,651.00 529,873.00 186,941.00 85,000.00 33,333.00 30,000.00 200,000.00 35,000.00 ( 19,733.00) 19,733.00 16,110.00 11,010.00 446.00 12,336.00 1,547,000.00 200,000.00 85,000.00 13,333.00 400,000.00 16,110.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29638. 261 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 1989-1990; 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 9, 1989, of a grant of Community Development Block Grant funds for Program Year 1989-1990 amounting to $1,547,000, 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 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. APPROVED ATTEST City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29639. AN ORDINANCE authorizing the execution of a written agreement with the Southwest Virginia Community Development Fund for the implementation and admini- stration of the Western Virginia Revolving Loan Fund program, providing for cer- tain Community Development Block Grant (CDBG) funds for the purpose, for the period beginning July 1, 1989, and ending June 30, 1990; 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 hereby authorized to exe- cute, 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 $33,333; for the period beginning July 1, 1989, and ending June 30, 1990, as more particularly described in the report of the City Manager dated June 26, 1989; such contract to be approved as to form by the City Attorney. 262 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29640. AN ORDINANCE authorizing the execution of a grant agreement with the Williamson Road Area Business Association; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and to seal and attest, respectively, an agreement granting to the Williamson Road Area Business Association $5,000.00 in Community Development Block Grant funds for the purpose of retaining the Main Street Coordinator to carry out the day- to-day functions of the Association, such agreement to contain those terms and conditions set out and described in the City Manager's report of June 26, 1989; such agreement 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29641. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Consortium Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Fifth District Employment & Training Consortium - FY88 (1) ...................................................... $1,772,687.00 Fifth District Employment & Training Consortium - FYS9 (2-19) ................................................... $2,325,299.00 '263 REVENUE Fifth District Employment & Training Consortium - FY88 (20-21) .................................................. $1,772,687.00 Fifth District Employment & Training Consortium - FY89 (22-27) .................................................. $2,325,299.00 (1) Funding Authority (2) Wages (3) Fringes (4) Travel (5) Communications (6) Supplies (7) Insurance (8) Contractual Services (9) Leases (10) Training Wages (11) Training Fringes (12) Training Travel (13) Training Comm. (14) Training Supplies (15) Roanoke City Schools (16) DSLCC (17) TAP (034-054-8865-9990) (034-054-8965-8010) (034-054-8965-8011) (034-054-8965-8012) (034-054-8965-8013) (034-054-8965-8015) (034-054-8965-8016) (034-054-8965-8017) (034-054-8965-8018) (034-054-8965-8050) (034-054-8965-8051) (034-054-8965-8052) (034-054-8965-8053) (034-054-8965-8055) (034-054-8965-8230) (034-054-8965-8232) (034-054-8965-8322) (18) Scheneman and Spencer (034-054-8965-8270) (19) Funding Authority (034-054-8965-9990) (20) Title IIB Admin. Rev. (034-034-1234-8877) (21) Title IIB Training Revenue (22) Incentive Revenue (23) Incentive Revenue (24) Incentive Admin. Revenue (034-034-1234-8878) (034-034-1234-8967) (034-034-1234-8972) (034-034-1234-8966) (25) Incentive Admin. Rev. (034-034-1234-8971) (26) Title IIB Admin. Rev. (034-034-1234-8978) (27) Title IIB Training Revenue (034-034-1234-8979) $(64,823.00) 53,796.00 6,993.00 500.00 1,200.00 800.00 1,500.00 5,000.00 750.00 12,139.00 1,332.00 300.00 100.00 800.00 50,257.00 99,532.00 229,748.00 22,564.00 2,000.00 ( 6,866.00) (57,957.00) (14,684.00) (17,720.00) 14,684.00) 17,720.00 70,539.00 418,772.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29642. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Breakell, Inc., for construction improvements for the Roanoke Valley Graduate Center; 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 Breakell, Inc., dated March 20, 1989, related to construction improvements for the Roanoke Valley Graduate Center. 2. Such Change Order shall provide for the following changes in the work to be performed: 264 ORIGINIAL CONTRACT AMOUNT $134,900.00 CONTRACT AMOUNT INCLUDING PREVIOUS CHANGE ORDERS 136,555.00 DESCRIPTION OF CHANGE ORDER NO. 2 Installation of underground conduit $ 8,891.00 Construction of mast on parking deck and junction box with conduit and lightning arrestor system $ 17,477.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 $162,923.00 Time extension required as a result of this Change Order 3 calendar days. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29643. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General and Capital Funds Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations General Government General Services (1) ................................ Non-departmental Transfers to Other Funds (2) ........................ $ 7,844,042.00 472,146.00 11,946,925.00 1,652,616.00 CAPITAL FUND Appropriations Other Infrastructures $ 5,498,748.00 Tinker School Demolition (3) ........................ 2,840,000.00 (1) Insurance (2) Transfers to Capital (3) Appr. from Gen. Revenue (001-050-1237-3020) (001-050-9310-9508) (008-052-9633-9001) $(17,600.00) 17,600.00 17,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST:""~' ~ ~ Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29644. 265 AN ORDINANCE accepting the bid of J. H. White, Inc., for demolition of the building formerly known as Tinker Creek School, upon certain terms and con- ditions, and awarding a contract therefor; 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 that: 1. The bid of J. H. White, Inc., made to the City in the total amount of $17,274.00 for demolition of the building formerly known as Tinker Creek School, 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 are hereby authorized on behalf of the City to execute the requisite contract with the suc- cessful bidder, based on its proposal made therefor and the City's specifica- tions made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of such 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 such bidders 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 Mayo~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29645. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works Street Lighting (1) ................................. Refuse Collection (2) ............................... $19,687,750.00 857,8O5.00 3,653,434.00 (1) Electric (2) Vehicular Equip. (001-052-4150-2022) (001-052-4210-9010) $(13,315.00) 13,315.00 266 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 June, 1989. No. 29646. AN ORDINANCE accepting the bid of MSC Equipment, Inc., made to the City for furnishing and delivering one (1) new trailer mounted tree and brush chipper, including diesel engine, rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of MSC Equipment, Inc., made to the City, offering to supply one (1) new trailer mounted tree and brush chipper, including diesel engine, meeting all of the City's specifications and requirements therefor, for the total bid price of $13,315.00, which bid is on file in the Office of the City Clerk, be and 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 equip- 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. 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 ~ C~iy Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29648. 267 AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government Renovations to Third Street Annex (1) ................... Jefferson High School Study (2) ......................... Knights of Pythias Renovations (3) ...................... Recreation Maher Field Improvements (4) ............................ Mountain View Center (5) ................................ Streets and Bridges Blue Hills Drive Extension (6) .......................... Chip Drive, N. E. @ RCIT (7) ............................ Monterey Road, N. E. Structure Repl. (8) ................ Houses Autumn Lane, N. W. (9) ........................... $5,593,228.00 192,281.00 55,116.00 137,081.00 1,213,127.00 560,487.00 12,950.00 5,056,767.00 820,351.00 335,792.00 12,600.00 71,000.00 Sanitation 7,600,396.00 Wmsn. Road Storm Drain Ph. I, Cont. II (10) ............. 1,394,903.00 Mason Mill Manning Storm Drain (11) ..................... 16,632.00 Wmsn. Road Storm Drain Ph. I, Cont. IIA (12) ............ Other Infrastructures Special Capital Projects FY89 (13) ...................... Capital Improvement Reserve Capital Improvement Reserve (14-19) ..................... 420,931.00 629,400.00 158,400.00 6,138,386.00 761,495.00 REVENUE Accounts Receivable - Sun Link Land Purchase (20) ......... $ (1) Appr. from General Revenue (2) Appr. from General Revenue (3) Appr. from General Revenue (4) Appr. from General Revenue (5) Appr. from General Revenue (6) Appr. from General Revenue (7) Appr. from General Revenue (8) Appr. from Bonds (9) Appr. from General Revenue (10) Appr. from Bonds (11) Appr. from General Revenue (12) Appr. form General Revenue (13) Jail Fourth Pod (14) Storm Drains (15) Econ. Development (16) Williamson Road Storm Drain (17) Streets & Bridges (18) Buildings and Structures (19) Parks & Recreation (20) Sun Link Land Purchase -0- (008-052-9594-9003) ( 718.00) (008-052-9608-9003) ( 1,884.00) (008-054-9589-9003) ( 2,918.00) (008-050-9520-9003) ( 114.00) (008-052-9525-9003) ( 50.00) (008-052-9513-9003) ( 933.00) (008-052-9605-9003) ( 357.00) (008-052-9616-9001) (12,400.00) (008-052-9628-9003) ( 2,500.00) (008-052-9554-9001) (31,535.00) (008-052-9588-9003) ( 8,368.00) (008-052-9589-9003) ( 652.00) (008-052-9610-9509) ( 584.00) (008-052-9575-9176) ( 8,368.00) (008-052-9575-9178) 322,605.00) (008-052-9575-9179) 32,187.00 (008-052-9575-9181) 14,900.00 (008-052-9575-9173) 6,104.00 (008-052-9575-9180) 164.00 (008-1227) 321,315.00 BE IT FURTHER ORDAINED that, an emergency existing, shall be in effect from its passage. this Ordinance ATTEST: City Clerk APPROVED Mayor '268 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29649. AN ORDINANCE amending and reordaining §2-138, Authority to compromise and settle disputes and claims, of the Code of the City of Roanoke (1979), as amended, to authorize the City Attorney to compromise and settle litigation, disputes, claims or controversies involving the City or its officers and employees in amounts not to exceed $20,000.00; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2-138, Authority to compromise and settle disputes and the Code of the City of Roanoke (1979), as amended, is amended and claims~ of reordained as follows: §2-138. Authority to compromise and settle disputes and claims. The City Attorney, in such manner as he shall deem proper, shall be authorized to compromise, settle and discharge any litigation, claim, dispute or controversy involving the interests of the City or brought against any officer or employee of the City arising from the conduct of such officer or employee in the discharge of his duties; pro- vided that, where any proposed compromise or settlement involves the payment of more than twenty thousand dollars ($20,000.00) by the City, the City Attorney shall obtain the approval of City Council for such payment. In exercising his authority pursuant to this section, the City Attorney shall be authorized on behalf of the City to execute settlement agreements, releases, convenants not to sue and similar docu- ments. 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: C erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29650. AN ORDINANCE providing for membership of certain City officers in the City of Roanoke Pension Plan and establishing the terms and conditions of such membership; amending §22.1-2, Definitions, by revising the definition of mem- bership service, and §22.1-3, Membership generally, adding new §22.1-4.1, Membership to include council-appointed officers, and §22.1-4.2, Membership to exclude certain officers, and repealing §22.1-4, Membership to exclude city manager and certain other city officers, of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. 269 WHEREAS, the Council has appointed certain officers {City Manager, City Attorney, Director of Finance, Municipal Auditor, Director of Real Estate Valuation and City Clerk {hereinafter "Council-appointed officers")) who are performing very valuable services for the City and its people, and, in order to induce these officers to remain in the employ of the City and in consideration of their services, the Council has agreed that such officers should be members of the City of Roanoke Pension Plan with prior service credit; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 22.1-2, Definitions, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amendment of the definition of "membership service" to read as follows: §22.1-2. Definitions. "Membership service" shall mean service as a member for which credit is allowable as provided in §22-1-43 and §22.1-59 and service which is otherwise expressly credited as membership service pursuant to §22.1-4.1. 2. Section 22.1-3, Membership ~enerall~, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke {1979), as amended, is hereby amended and reordained by the addition of the following new subsection (g): {g) On and after June 26, 1989, Council-appointed officers shall be members and shall be accorded membership service for service prior thereto as provided in §22.1-4.1. 3. Section 22.1-4, Membership to exclude city manager and certain other city officers, Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 4. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new sections: §22.1-4.1 Membership to include Council-appointed Officers. On and after June 26, 1989, the city manager, city attorney, director of finance, municipal auditor, director of real estate valuation and city clerk {hereinafter referred to as "Council-appointed officers") and their successors shall be members of the City of Roanoke Pension Plan. Any Council- appointed officer who was a member of the Employees' Retirement System on June 30, 1984, shall remain a member of the Employee' Retirement System. Any Council-appointed officer who was not a member of the Employees' Retirement System on June 30, 1984, shall be deemed a member of the Employees' Supplemental Retirement System and shall be accorded membership service for all service as an employee, whether or not continuous, including service prior to June 26, 1989. §22.1-4.2 Membership to exclude certain officers. Notwithstanding any other provisions of this code, on and after October 1, 1979, any Assistant city manager, appointed by the city manager and confirmed by city council pursuant to §21.1 of the City Charter, and any director, appointed by the city manager and confirmed by city council pursuant to §7 of the City Charter, shall, upon execution of an irrevocable option to participate in a deferred compen- sation plan approved by city council in lieu of participation in the Employees' Retirement System or the Employees' Supplemental Retirement System, not be included in membershi~ of the Employees' Retirement System or the Employees Supplemental Retirement System. 270 5. Membership of any Council-appointed officer in the City of Roanoke Pension Plan shall have no effect on the right of any such officer to par- ticipate in any deferred compensation plan under the terms and conditions of ordinances previously adopted by this Council relating to such participation. 6. To the extent and only to the extent that Ordinance No. 24839, dated September 10, 1979, may be interpreted as precluding Council-appointed officers, who have elected to participate in a City Council approved deferred compensation plan, from participation in the City of Roanoke Pension Plan, Ordinance No. 24839 is REPEALED. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29651. AN ORDINANCE amending §22.1-44, Normal service retirement, and §22.1-45, Early service retirement allowance, of Chapter 22.1, Pensions and Retirement, and 922.1-62, Retirement and service retirement allowance ~enerally, of Chapter 22.1, Pensions and Retirement, relating to participation of certain City officers in the City of Roanoke Pension Plan and establishing certain of the terms and conditions of such membership; and providing for an emergency. WHEREAS, the City of Roanoke and Roanoke County are currently engaged in drafting a plan of consolidation which may merge the two political sub- divisions, and it is important that decisions relating to the future needs of the Roanoke Valley and its people be made without regard to purely personal con- siderations relating to job security and financial well being; WHEREAS, a weighted years of service retirement provision (hereinafter the "plan") would serve to reduce the possibility that crucial decisions relating to consolidation will be influenced by personal considerations; WHEREAS, the plan would make it easier for the Council to terminate any officer who is not meeting high standards of performance by addressing the nor- mal compassionate concerns any employer has with respect to the financial will being of an officer or employee and his family; and WHEREAS, the Council has appointed certain officers (City Manager, City Attorney, Director of Finance, Municipal Auditor, Director of Real Estate Valuation and City Clerk (hereinafter "Council-appointed officers")) who are performing very valuable services for the City and its people, and, in order to induce these officers to remain in the employ of the City and consideration of their services, the Council has agreed to the plan hereinafter established; 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 the following new subsection (f) to §22.1-44, Normal service retirement, of Chapter 22.1, Pensions and Retirement: 271 (f) Minimum June 30, 1989 benefit for Council-appointed officers. Notwithstanding the regular amount of benefit calculated under subsection (c), a member on June 30, 1989 who is then a Council-appointed officer (as defined in §22.1-4.1) shall be entitled to a minimum benefit equal to his benefit calculated under subsectibn (c) as of June 30, 1989 but with his membership service as of such date being multiplied b~y a factor of two (2), Any benefit under this subsection shall not be increased for increases in creditable service or average final compensation after June 30, 1989. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new subsection (d) to §22.1-45, Early service retirement allowance, of Chapter 22.1, Pensions and Retirement: §22.1-45 Early service retirement allowance. (d) Minimum June 30, 1989 benefit for Council-appointed officers. Notwithstanding the regular amount of benefit calculated under subsection (b), a member on June 30, 1989 who is then a Council-appointed officer (as defined in §22.1-4.1) shall be entitled to a minimum benefit equal to his benefit calculated under subsection (b) as of June 30, 1989 but with his membership service as of such date being multiplied by a factor of two (2). Any benefit under this subsection shall not be increased for increases in creditable service or average final compensation after June 30, 1989. Any such minimum benefit determined pursuant to this subsec- tion shall be payable without the reduction provided for in subsection (b). 3. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new subsection (e) to §22.1-62, Retirement and service retirement allowance ~enerall~, of Chapter 22.1, Pensions and Retirement: §22.1-62. Retirement and service retirement allowance ~enerally. (e) Minimum June 30, 1989 benefit for Council-appointed officers. Notwithstanding the regular amount of benefit calculated under subsection (c), a member on June 30, 1989 who is then a Council-appointed officer {as defined in §22.1-4.1) shall be entitled to a minimum benefit equal to his benefit calculated under the ESRS as of June 30, 1989 as though he were a member of the ESRS and not a member of the ERS. Any benefit under this subsection shall not be incre- sased for increases in creditable service or average final compensation after June 30, 1989. Any such minimum benefit determined pursuant to the subsection shall be payable without any reduction otherwise applicable under §22.1-63(a) where such minimum benefit is payable as an early service retirement allowance. 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, provided, however, that this ordinance shall have no force and effect if the Internal Revenue Service determines that this ordinance adversely affects the qualification of the City of Roanoke Pension Plan under Section 401(a) of the Internal Revenue Code except to the extent it is modified in order to retain the qualification of said Plan. APPROVED City Clerk 272 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29652. AN ORDINANCE amending §22.1-44, Normal service retirement, and §22.1-45, Early service retirement allowance, of Chapter 22.1, Pensions and Retirement, relating to participation of members of City Council in the City of Roanoke Pension Plan and establishing certain of the terms and conditions of such membership; and providing for an emergency. WHEREAS, the City of Roanoke and Roanoke County are currently engaged in drafting a plan of consolidation which may merge the two political sub- divisions, and it is important that decisions relating to the future needs of the Roanoke Valley and its people be made without regard to purely personal con- siderations relating to job security and financial well being; and WHEREAS, a weighted years of service retirement provision (hereinafter the "plan") would serve to reduce the possibility that crucial decisions relating to consolidation will be influenced by personal considerations; 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 the following new subsection (f) to §22.1-44, Normal service retirement, of Chapter 22.1, Pensions and Retirement: §22.1-44. Normal service retirement. (f) Minimum June 30, 1989 benefit for Council members. Notwithstanding the regular an~unt of benefit calculated under subsection (c), a member on June 30, 1989 who is then a Council member shall be entitled to a minimum benefit equal to his benefit calculated under subsection (c) as of June 30, 1989 but with his membership service as of such date being multiplied by a factor of two (2). Any benefit under this subsection shall not be increased for increases in creditable service or average final compensation after June 30, 1989. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new subsection (d) to §22.1-45, Early service retirement allowance, of Chapter 22.1, Pensions and retirement: §22.1-45. Early service retirement allowance. (d) Minimum June 30, 1989 benefit for Council members. Notwithstanding the regular amount of benefit calculated under subsection (b), a member on June 30, 1989 who is then a Council member shall be entitled to a minimum benefit equal to his benefit calculated under subsection {b) as of June 30, 1989 but with his membership service as of such date being multiplied by a factor of two {2). Any benefit under this subsection shall not be increased for increases in creditable service or average final compensation after June 30, 1989. Any such minimum benefit determined pursuant to this subsec- tion shall be payable without the reduction provided for in subsection (b). 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage, provided, however, that this ordinance shall have no force and effect if the Internal Revenue Service determines that this ordinance adversely affects the qualification of the City of Roanoke Pension Plan under Section 401(a) of the Internal Revenue Code except to the extent it is modified in order to retain the qualification of said Plan. 273 ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29653. AN ORDINANCE amending §22.1-2, Definitions, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, by amending the definition of "Creditable service" and adding a new definition of "prior govern- ment service", amending §22.1-13, Milita~ service, of Chapter 22.1, Pensions and Retirement by redesignating it as Mll!tar~ service and prior 9overnment service, by amending §22.1-44, Normal serwce retirement, and §22.1-45, ~ service retirement allowance, of Chapter 22.1, Pensions and Retirement, ano Dy amending 922.1-62, Retirement and service retirement allowance 9enerally, of Chapter 22.1, Pensions and Retirement; the amended and new sections relating to the inclusion of "prior government service" in the definition of "creditable service" for members of the City of Roanoke Pension Plan and establishing the terms and conditions of such inclusion; and providing for an emergency. WHEREAS, the Council is of the opinion that the inclusion of "prior government service" in the definition of "creditable service" for members of the City of Roanoke Pension Plan would provide a suitable benefit for members of the Plan who have served their country and, in addition, would make it easier to attract to the City service highly qualified officers and employees who might otherwise by joining the City service obtain little or no benefit by virtue of their prior governmental service; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol 1 ows: 1. Section 22.1-2, Definitions, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amendment of the definition of "creditable service" and the addition of a new definition of "prior government service", such amended and new definitions to read as follows: §22.1-2 Definitions. "Creditable service" shall, unless otherwise expressly pro- vided, mean (1) membership service, (2) prior service and {3) prior government service. "Prior government service" shall mean, for members who are employees on or after June 26, 1989, service, whether or not continuous, as a full-time (that is, customary employment for twenty (20) or more hours per week and more that five {5) months in a calendar year) officer or employee paid by the Federal government, any state government of the United States or any political subdivision of any state government of the United States, other that the City which occurs prior to becoming an employee and for which a certificate of prior government service has been issued as provided in §22.1-13(b); provided, however, that no prior governmental service shall be accorded to a member until he has attained five (5) or more years of membership service in the City of Roanoke Pension Plan. Prior government service shall not include service in any branch of the United States military. 274 2. The Code of the City of Roanoke (1979), as amended is hereby amended and reordained by amendment of the caption of §22.1-13, Nilitary ser- vice, of Chapter 22.1, Pensions and Retirement, to read as follows, by the rede- signation of the text of said ~22.1-13 as subsection (a) thereof, and by the addition of the following new subsection (b) thereof: §22.1-13. Military, service and prior governmental service. (a) The rights and status of any person heretofore or hereafter inducted into the land or naval or air forces of the United States for training and service pursuant to the act of Congress known as the Selective Training and Service Act of 1940, or, any subsequent acts of a similar nature, and any member of any reserve component of the land or naval or air forces of the United States or the national guard or naval militia who may be ordered or assigned to active duty or service, and who, because of such induction or in order to perform such active duty or service, ceases to be an employee, shall be as follows in the city plan: (1) During the period of such absence, no such person or his estate shall have any right to or be entitled to any benefit; (2) Any such person, during such absence, except as herein otherwise specified, shall retain in his sta- tus and rights as a member of the city plan if within one hundred and twenty (120) days from the time he is relieved from active duty or ser- vi ce he shall again become an employee, provided that he shall not have previously taken any other employment. If under the above restrictions any such person again become an employee under this subtitle within one hundred and twenty (120) days from the time he is relieved from active duty, he shall receive full credit for service with the city for the period of his absence as if he had not been absent for such period, but such person shall produce satisfactory evidence to show that he meets all the above requirements. In the event any such person who may be absent on account of such military service, or his estate shall, after reinstate- ment in the city plan file claim for any disability or death benefits whatsoever with said system, and the board of trustees shall determine that the cause or origin of such disability or death is in any manner, either directly or indirectly attributable or due to, or may have arisen out of his military service, then such person or his estate or dependents shall not be entitled to any benefits under said city plan and further that in the event any such person shall, after reinstatement, receive any disability compen- sation of any nature, either from the United States of America, any department or agency thereof, or from any of the states or territories of the United States, or from the District of Columbia, then the amount of such payments so paid shall be deducted from any funds payable by the city plan to such person or his estate or dependents on account of any benefits. (b) On and after June 26, 1989, "creditable service", as defined by §22.1-2, for members of the City of Roanoke Pension Plan who have attained five (5) or more years of mem- bership service in the City of Roanoke Pension Plan shall include "prior government service", also defined by §22.1-2. Any current employee of the City who is a member of the City of Roanoke Pension Plan on June 26, 1989, and has attained five (5) or more years of membership service, shall have until January 1, 1990, to file application, or, if such member has not attained five (5) years of membership service by June 26, 1989, then such a member shall have six (6) months from the date of attaining five (5) years of membership ser- vice to file application, upon form prescribed by the Board 275 of Trustees, for a certificate of prior government service which shall be issued by the Board of Trustees upon presen- tation of satisfactory documentary evidence of such prior government service and any and all pension and other retire- ment allowances payable wi th respect thereto. Any person becoming an employee of the City and a member of the City of Roanoke Pension Plan after June 26, 1989, who has attained five (5) or more years of membership service, shall be issued a certificate of prior government service by the Board of Trustees upon filing an application, upon form prescribed by the Board of Trustees, supported by satisfactory documentary evidence of such prior government service and any and all pensions and other retirement allowances payable with respect thereto. 3. Section 22.1-44, Normal retirement service, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amendment of the first sentence of subsection (c) thereof to read as follows and by the addition of a new paragraph (8) to subsection (e) thereof to read as follows: §22.1-44. Normal service retirement. (c) Amount of benefit on or after normal retirement a~e. The retirement allowance shall be the greater of: (1) two (2) percent of the member's average fina compensation for each year of creditable ser- vice (exclusive of prior government service) subject to a maximum of sixty (60) percent of average final compensation, or (2) the excess of (i) two (2) percent of the mem- ber's average final compensation for each year of creditable service (including prior government service) subject to a maximum of sixty (60) percent of average fund compen- sation over (ii) the acturial value as deter- mined by the Board of Trustees of any pension or other retirement allowance payable with respect to such prior government service. (e) Maximum amount benefit. (8) For purpose of the foregoing limitation, cre- ditable service shall be determined without regard to prior government service. 4. Section 22.1-45, Early service retirement allowance, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; is hereby amended and reordained by amendment of the first sentence of subsec- tion (b) thereof to read as follows: §22.1-45. Early service retirement allowance. (b) Amount of early retirement benefit. The retirement allowance shall be the greater of: (1) two (2) percent of the member's average final compensation for each year of creditable ser- vice (exclusive of prior government service) subject to a maximum of sixty (60) percent of average final compensation, or (2) The excess of (i) two (2) percent of the mem- ber's average final compensation for each year of creditable service (including prior govern- ment service) subject to a maximum of sixty (60) percent of average fund compensation over (ii) the actuarial value as determined by the Board of Trustees of any pension or other retirement allowance payable with respect to such prior government service. 276 5. Section 22.1-62, Retirement and service retirement allowance generally, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amendment of the first sentence of subsection (c) thereof to read as follows and by the addition of a new paragraph {8) to subsection {d) thereof to read as follows: §22.1-62. Retirement and service retirement allowance oenerall~. (c) The service retirement allowance shall consist of a pension equal to the greater of: (1) one-seventieth of the member's average final com- pensation multiplied by the number of his years of cre- ditable service (exclusive of prior government service), or (2) the excess of (i) one-seventieth of the member's average final compensation multiplied by the number of his years of creditable service (including prior govern- ment service) over (ii) the actuarial value as deter- mined by the Board of Trustees of any pension or other retirement allowance payable with respect to such prior government service. (d) Maximum annual benefit. (8) For purposes of the foregoing limitation, credit- able service shall be determined without regard to prior government service. 6. 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, provided, however, that this ordinance shall have no force and effect if the Internal Revenue Service determines that this ordinance adversely affects the qualification of the City of Roanoke Pension Plan under Section 401(a) of the Internal Revenue Code except to the extent it is modified in order to retain the qualification of said Plan. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1989. No. 29654. AN ORDINANCE establishing annual salaries for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year begining July 1, 1989; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 277 1. For the fiscal year begining July 1, 1989, and ending June 30, 1990, and for succeeding the fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be as follows: City Manager - $83,500 City Attorney $75,000 Director of Finance $75,000 Director of Real Estate Valuation $49,600 Municipal Auditor $51,415 City Clerk - $45,850 2. 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 on and after July 1, 1989. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The loth day of July, 1989. No. 29632. 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 §26-43, Definitions, subsection {a) of §26-44, General requirements, subsections (b) and (e) of §26-55, Measurement, sampling, etc., and report of discharges, subsections (a)(5), {c), (d) and (e) of §26-56, Discharge permits for industrial waste, §26-63, Right of entry to enforce article, §26-65, Notice of violations, §26-66, Penalty for violations, and by enacting new subsections (g) and (i) of §26-44, General requirements, subsections (g) and (h) of §26-51, Discharge of substance capable of impairing, etc., facilities, subsection (d) of §26-52, Right to require pretreatment and control of, or to reject discharges, subsection (i) of 926-55, Measurement, sampling, etc., and report of discharges, and a new section to be entitled 926-68, Public access to data, of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewa~osal, such code amendments and additions improving and increasing the protection program for the City's Publicly Owned Treatment Works; and providing for an effective date for such regulations. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 26-43, Definitions, subsection (a) of §26-44, General requirements, and subsections (b) and (e) of §26-55, Measurement, sampling, etc., and report of discharges, subsections {a)(5), (c), (d) and (e) of 926-56, Discharge permits for industrial waste, §26-63, Right of entry to enforce article, §26-65, Notice of violations, and §26-66, Penalty for violations, of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, of the Code of the City of Roanoke {1979), as amended, are amended and reordained as follows: §26-43. Definitions. Discharge - Any introduction of substances into the sanitary sewer. 278 Industrial user - Any user of publicly owned treatment works identified in the Standard Industrial Classifica- tion Manual, 1987, Office of Management and Budget, as amended and supplemented, under divisions A, B, D, E and I, including governmental facilities that discharge wastewater to the plant. Interference - A discharge which, alone or in conjunc- tion with a discharge or discharges from other sources, (1) inhibits or disrupts the plant, its treatment pro- cesses or operations, or its sludge processes, use or disposal or (2) causes a violation of the plant's VPDES permit. National categorical pretreatment standard or pretreat- ment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) and 40 C.F.R. Subchapter N (Parts 401-471) as amended, which applies to a specific category of industrial users. Pass through - A discharge which exits the plant into water of the United States in quantities which may cause a violation of the plant's VPDES permit. §26-44. General requirements. (a) All discharges into public sewers shall conform to requirements of this article; however, the federal cate- gorical pretreatment standards or any standards imposed by the state water control board or its successor in authority are hereby incorporated by reference where applicable and where such standards are more stringent than those set forth in this article. §26-55. Measurement, sampling, etc., and report of discharges. (b) Unless otherwise provided, each measurement, test, sampling, or analysis required to be made hereunder shall be made in accordance with 40 C.F.R. Part 136, as amended. (e) Samples shall be taken every hour, properly refri- gerated and composited in proportion to the flow for a representative twenty-four (24) hour sample. For oil and grease, pH, phenols, cyanide, volatile toxic orga- nics and other appropriate pollutants, proper grab sam- pling shall be performed. Such sampling shall be repeated on as many days as necessary to insure repre- sentative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes shall provide an automatic sampler paced auto- matically by the flow-measuring device. §26-56. Discharge permits for industrial waste. (a)(5) Complies with the requirements of federal cate- gorical standards, where applicable, including the development of any required compliance schedules or the applicable provisions of this article. (c) The approving authority shall have the right to accept or reject any increases in flow or pollutants under existing or new permits. (d) A person not applying for a discharge permit within the allotted time and continuing to discharge an unper- mitted discharge shall be deemed to be in violation of this article. 279 (e) A permit issued under this section shall be valid for up to five (5) years from its date of issuance, after which time the industrial user shall be required to obtain a new discharge permit. §26-63. Right of entry to enforce article. (a) The approving authority and other duly authorized employees of the city bearing proper credentials and identification shall be authorized to enter any public or private property at any reasonable time for the pur- pose of enforcing this article for sampling purposes, inspect monitoring equipment and to inspect and copy all documents relevant to the enforcement of this article, including, without limitation, monitoring reports. (b) Appropriate information submitted to the approving authority pursuant to these regulations excluding any information utilized in determining effluent limits may be claimed as confidential by the submitter at the time of submission by stamping the words "confidential busi- ness information" on each page containing such infor- mation. If a claim is asserted, the information shall be treated in accordance with applicable law. §26-65. Notice of violations. The approving authority shall serve persons discharging in violation of this article with written notice stating the nature of the violation and requiring immediate satisfactory compliance. The approving authority shall have the authority to publish annually in the Roanoke Times & World News newspaper or a newspaper of general circulation in the Roanoke area a list of persons which were not in compliance with the terms of this Article at least once during the twelve (12) previous months. §26-66. Penaltj/ for violations. (a) A person who violates the provisions of this article shall be guilty of a class i misdemeanor and upon con- viction is punishable by a fine of one thousand dollars ($1,000.00) per violation per day and confinement in jail for not more than twelve months, either or both. In the event of a violation, the approving authority shall also have the right to terminate the sewer and water connection. (b) In addition to proceeding under authority of subsec- tion (a) of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of state statutes or other ordinances of the city against a person continuing pro- hibited discharges, including, without limitation, injunctive relief. 2. Subsections (g) and (i) of §26-44, General requirements, subsec- tions (g) and (h) of §26-51, Discharge of substance capable of impairing, etc., facilities, subsection (d) of §26-52, Right to require pretreatment and control of, or to reject discharges, subsection (i) of §26-55, Measurement, sampling, etc., and report of discharges, and a new section to be entitled §26-68, Public access to data, of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), as amended, are amended and reordained by the addition of new sections as follows: §26-44. General requirements. (g) In the event of an emergency, as determined by the approving authority, the approving authority shall be authorized to immediately halt any actual or threatened discharge. 28O (i) A person discharging Jn violation of the provisions of this article, within thirty (30) days of the date of such discharge, shall sample, analyze and submit the data to the approving authority unless the approving authority elects to perform such sampling. §26-51. Discharge of substance capable of impairing, etc., facilities. (g) No person shall discharge into the public sewers pollutants which cause interference or pass through. (h) No person shall discharge into the public sewers pollutants with a high flow rate or concentration of conventional pollutants as to interfere with the plant. §26-52. Right to require pretreatment and control of, or to reject discharges. (d) No person shall utilize dilution as a means of treatment. §26-55. Measurement, sampling, etc., and report of discharges. (i) All owners of facilities governed by this article shall comply with the applicable requirements of 40 C.F.R. 403.12, as amended, which is incorporated by reference herein, including, without limitation, the signatory, certification and record keeping requirements of 40 C.F.R. 403.12(c), (d), (i) and (1). All records shall be retained for a minimum of three years and this retention period shall be extended during litigation or upon request of the approving authority. §26-68. Public access to data. Effluent data compiled as part of the approving autho- rity's pretreatment program shall be available to the public. 3. This ordinance shall be in full force and effect upon appropriate approval by the Virginia State Water Control Board or other properly authorized regulatory agency. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29647. AN ORDINANCE accepting the bid for certain concession privileges to be exercised at the Fallon Park swimming pool 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 that: 1. The bid of P & L Concessions, which bid complies with all City specifications, for concession privileges at Fallon Park swimming pool, for a fee of ten percent (10%) of gross sales revenue, such bid and proposal having been opened and read before a Committee appointed for the purpose on May 26, 1989, a copy of such bid now being on file in the Office of the City Clerk, is hereby ACCEPTED. ~ 2. The City ~lanager or the Assistant 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, 1989 to September 6, 1989, 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. 281 City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29661. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Education Chapter I Winter (1-14) ......................................... Chapter I Summer (15-18) ........................................ Chapter I Carryover (19-26) ..................................... Chapter II Competitive (27) ..................................... Vocational Summer Youth '87 (28) ................................ Alternative Education '88 (29-30) ............................... Summer Youth IIA (31) ........................................... Juvenile Detention Home (32) .................................... Child Development Clinic (33) ................................... Bureau of Crippled Children (34) ................................ Special Education Inservice (35) ................................ Preschool Incentive (36) ........................................ Apprenticeship (37-39) .......................................... ABE-DIAL (40) ................................................... GED Testing (41) ........................... Artists in Educati~ i~i...~.~...~.~..~i]i~] ............. ~ SAT Preparation (43) ............................................ Especially For You (44) ......................................... Regional Science Fair (45) ...................................... Impact Aid (46) ................................................. $13,561,127.00 1,114,814.00 240,029.00 389,746.00 17,631.00 38,398.00 164,290.00 29,132.00 46,700.00 43,561.00 54,462.00 4,042.00 9,443.00 91,250.00 58,167.00 2,941.00 19,402.00 4,779.00 3,518.00 4,718.00 41,014.00 Revenue Education Chapter I Winter (47) ........................................... Chapter I Summer (48) ........................................... Chapter I Carryover (49) ........................................ Chapter II Competitive (50) ..................................... Vocational Sunm~r Youth '87 {51) ................................ Alternative Education '88 (52) .................................. Summer Youth IIA (53) ........................................... Juvenile Detention Home (54) .................................... Child Development Clinic (55) ................................... Bureau of Crippled Children (56) ................................ Special Education Inservice (57) ................................ Preschool Incentive (58) ........................................ $13,561,127.00 1,114,814.00 240,029.00 389,746.00 17,631.00 38,398.00 164,290.00 29,132.00 46,700.00 43,561.00 54,462.00 4,042.00 9,443.00 282 GED Testing (61) ................................................ Artists in Education (62) ....................................... SAT Preparation (63) ............................................ Especially For You (64) ......................................... Regional Science Fair (65) ...................................... Impact Aid (66) ................................................. (1) Supervisor (2) Elem. Teachers (3) Sec. Teachers (4) Clerical (5) Aides (6) Nurses (7) Soc. Security (8) State Retirement (9) Group Life Ins. (10) Health Ins. (11) Indirect Costs (12) Instructional Supplies (13) Contracted Maintenance (14) Instr. Travel (15) Teachers (16) Aides (17) Lease of Equip. (18) Instr. Supplies (19) Elem. Teachers (20) Supervisors (21) Aides (22) Soc. Security (23) Retirement (24) Health Ins. (25) Group Life Ins. (26) Sec. Teachers (27) Sec. Teachers (28) Travel (29) Health Ins. (30) Travel (31) Carpenters (32) Consultant (33) Consultant (34) Consultant (35) Instr. Supplies (36) Supplies (37) Health Ins. (38) Instr. Costs (39) Travel (40) Aides (41) Teachers (42) Other Costs (43) Other Costs (44) Coordinator (45) Travel (46) Coordinator (47) Federal Grant Receipts (48) Federal Grant Receipts (49) Federal Grant Receipts (50) Federal Grant Receipts (51) Federal Grant Receipts (52) Local Match (53) Federal Grant Receipts (54) State Grant Receipts (55) State Grant Receipts (56) State Grant Receipts (57) State Grant Receipts (58) Federal Grant Receipts (59) State Grant Receipts (60) Local Match (035-060-6121-6001-0110) (035-060-6121-6001-0112) (035-060-6121-6001-0113) (035-060-6121-6001-0116) (035-060-6121-6001-0117) (035-060-6121-6001-0121) (035-060-6121-6001-0204) (035-060-6121-6001-0206) (035-060-6121-6001-0208) (035-060-6121-6001-0210) (035-060-6121-6001-0217) (035-060-6121-6001-0309) (035-060-6121-6001-0335) (035-060-6121-6001-0402) (035-060-6122-6449-0121) (035-060-6122-6449-0141) (035-060-6122-6449-0541) (035-060-6122-6449-0614) (035-060-6123-6000-0121) (035-060-6123,6000-0124) (035-060-6123-6000-0141) (035-060-6123-6000-0201) (035-060-6123-6000-0202) (035-060-6123-6000-0204) (035-060-6123-6000-0205) (035-060-6123-6100-0121) (035-060-6220-6024-0113) (035-060-6411-6015-0402) (035-060-6413-6005-0204) (035-060-6413-6005-0402) (035-060-6414-6040-0143) (035-060-6556-6010-0113) (035-060-6557-6010-0113) (035-060-6558-6010-0113) (035-060-6559-6010-0309) (035-060-6562-6010-0309) (035-060-6729-6015-0204) (035-060-6729-6015-0308) (035-060-6729-6015-0402) (035-060-6730-6015-0140) (035-060-6731-6015-0141) (035-060-6810-6021-0308) (035-060-6925-6050-0309) (035-060-6935-6005-0327) (035-060-6936-6030-0402) (035-060-6941-6665-0138) (035-060-6121-1102) (035-060-6122-1102) (035-060-6123-1102) (035-060-6220-1102) (035-060-6411-1102) (035-060-6413-1101) (035-060-6414-1102) (035-060-6556-1100) (035-060-6557-1100) (035-060-6558-1100) (035-060-6559-1100) (035-060-6562-1102) (035-060-6729-1100) (035-060-6730-1101) $(20,179.00) (272,516.00) (15,868.00) (12,333.00) (102,494.00) (17,697.00) (24,759.00) (61,460.00) (22,157.00) (17,760.00) (10,723.00) (6,313.00) (8,717.00) ( 683.00) (15,296.00) (11,oo2.oo) (21,300.00) (4,019.00) (83,269.00) (11,872.00) (34,975.00) (12,617.00) (24,610.00) (3,479.00) (2,005.00) (32,427.00) (2,369.00) ( 862.00) (10,415.00) (8,708.00) (6,548.00) ( 469.00) ( 396.00) ( 33.00) (1,026.00) ( 413.00) ( 905.00) (9,939.00) ( 830,00) (4,621.00) (2,417.00) ( 98.oo) (2,115.00) (9,182.00) (1,282.00) (8,799.00) (593,659.00) (51,617.00) (205,254.00) (2,369.00) ( 862.00) (19,123.00) (6,548.00) ( 469,00) ( 396.00) ( 33.00) (1,026.00) ( 413.00) (11,674.00) (4,621.00) 91,250.00 58,167.00 2,941.00 19,402.00 4,779.00 3,518.00 4,718.00 41,014.00 283 (61) Fees (62) Local Match (63) Fees (64) Federal Grant Receipts (65) Fees (66) Federal Grant Receipts (035-060-6731-1103) (035-060-6810-1101) (035-060-6925-1103) (035-060-6935-1102) (035-060-6936-1103) (035-060-6941-1102) $(2,417.00) ( 98.o0) 2,115.00 (9,182.00) (1,282.00) 8,799.00 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 lOth day of July, 1989. No. 29662. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Education $58,621,523.00 Instruction (1-2) ............................................... 42,114,988.00 Other Uses of Funds (3) ......................................... 785,102.00 Grant Fund Appropriations Education 1989 Summer Youth IIA Program (4-12) ............................ Special Education Inservice (13) ................................ 1989-90 Flow Through (14-28) .................................... Marketing Education Regional Coordinator (29-35) ................ 1989-90 Apprenticeship Program (36-42) .......................... Adult Basic Education (43-57) ................................... GED Testing (58-59) ............................................. $15,438,945.00 50,257.00 4,454.00 657,260.00 43,421.00 95,802.00 119,495.00 7,000.00 Revenue Education 1989 Summer Youth IIA Program (60) .............................. Special Education Inservice (61) ................................ 1989-90 Flow Through (62-63) .................................... Marketing Education Regional Coordinator (64) ................... 1989-90 Apprenticeship Program (65) ............................. Adult Basic Education (66-68) ................................... GED Testing (69) ................................................ $15,438,945.00 50,257.00 4,454.00 657,260.00 43,421.00 95,802.00 119,495.00 7,000.00 (1) Matching Funds (2) Lease/Rental of Equipment (3) Transfers to Grant Fund (4) Training Salaries (5) Training Social Security (001-060-6001-6450-0588) (001-060-6001-6343-0541) (001-060-6005-6999-0911) (035-060-6417-6138-0121) (035-060-6417-6138-0201) $(22,000.00) ( 6OO.OO) (22,6OO.OO) 14,438.00 1,094.00 284 (6) Training Travel (035-060-6417-6138-0551) $ 1,898.00 (7) Training Supplies (035-060-6417-6138-0614) 1,335.00 (8) Training Misc. (035-060-6417-6138-0615) 4,090.00 (9) Participant Trades Helpers (035-060-6417-6140-0183) 7,504.00 (10) Part. Bldg. Trades Helpers (035-060-6417-6140-0192) 7,504.00 (11) Participant Soc. Security (035-060-6417-6140-0201) 1,138.00 (12) Participant Allowances (035-060-6417-6140-0313) 11,256.00 (13) Inservice Training (035-060-6572-6229-0587) 4,454.00 (14) Coordinator (035-060-6573-6453-0124) 43,000.00 (15) Teachers (035-060-6573-6453-0121) 302,000.00 (16) Classroom Aides (035-060-6573-6453-0141) 49,000.00 (17) Soc. Security (035-060-6573-6453-0201) 29,875.00 (18) State Retirement (035-060-6573-6453-0202) 61,445.00 (19) Health Ins. (035-060-6573-6453-0204) 16,660.00 (20) State Group Life Ins. (035-060-6573-6453-0205) 4,020.00 (21) Bus Aides (035-060-6573-6553-0142) 39,000.00 (22) Soc. Security (035-060-6573-6553-0201) 2,957.00 (23) Health Ins. (035-060-6573-6553-0204) 6,860.00 (24) Contracted Health Srvcs. (035-060-6573-6553-0311) 83,895.00 (25) Srvc. Contracts (035-060-6573-6553-0332) 4,200.00 (26) Travel (035-060-6573-6553-0554) 4,045.00 (27) Inservice (035-060-6573-6553-0587) 1,050.00 (28) Supplies (035-060-6573-6553-0614) 9,120.00 (29) Coordinator (035-060-6737-6333-0124) 30,953.00 (30) Soc. Security (035-060-6737-6333-0201) 2,346.00 (31) State Retirement (035-060-6737-6333-0202) 4,826.00 (32) Health Ins. (035-060-6737-6333-0204) 980.00 (33) State Group Life Ins. (035-060-6737-6333-0205) 316.00 (34) Local Travel (035-060-6737-6333-0551) 3,500.00 (35) Conference Travel (035-060-6737-6333-0554) 500.00 (36) Coordinator (035-060-6738-6138-0121) 41,447.00 (37) Soc. Security (035-060-6738-6138-0201) 6,100.00 (38) State Retirement (035-060-6738-6138-0202) 6,377.00 (39) Health Ins. (035-060-6738-6138-0204) 980.00 (40) State Group Life Ins. (035-060-6738-6138-0205) 423.00 (41) Part Time Instructors (035-060-6738-6138-0313) 39,035.00 (42) Travel (035-060-6738-6138-0551) 1,440.00 (43) Teachers (035-060-6739-6450-0121) 67,514.00 (44) Counselor (035-060-6739-6450-0123) 3,000.00 (45) Teacher Aides (035-060-6739-6450-0141) 5,535.00 (46) Soc. Security (035-060-6739-6450-0201) 5,765.00 (47) State Retirement (035-060-6739-6450-0202) 4,176.00 (48) Health Ins. (035-060-6739-6450-0204) 980.00 (49) State Group Life Ins. (035-060-6739-6450-0205) 273.00 (50) Clerical (035-060-6739-6550-0151) 16,339.00 (51) Soc. Security (035-060-6739-6550-0201) 1,238.00 (52) State Group Life Ins. (035-060-6739-6550-0202) 2,547.00 (53) Health Ins. (035-060-6739-6550-0204) 980.00 (54) State Group Life Ins. (035-060-6739-6550-0205) 167.00 (55) Telephone (035-060-6739-6550-0523) 1,600.00 (56) Travel (035-060-6739-6550-0551) 700.00 (57) Instructional Supplies (035-060-6739-6550-0614) 8,680.00 (58) GED Examiners (035-060-6740-6550-0121) 6,500.00 (59) Soc. Security (035-060-6740-6550-0201) 500.00 (60) Federal Grant Receipts (035-060-6417-1102) 50,257.00 (61) State Grant Receipts (035-060-6572-1100) 4,454.00 (62) State Grant Receipts (035-060-6573-1100) 137,615.00 (63) Federal Grant Receipts (035-060-6573-1102) 519,645.00 (64) State Grant Receipts (035-060-6737-1100) 43,421.00 (65) State Grant Receipts (035-060-6738-1100) 95,802.00 (66) Local Match (035-060-6739-1101) 22,600.00 (67) Federal Grant Receipts (035-060-6739-1102) 95,495.00 (68) Fees (035-060-6739-1103) 1,400.00 (69) Fees (035-060-6740-1103) 7,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED Mayor 285 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29663. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Education Facilities (1-2) ................................................ Non-Departmental Contingency - General Fund (3) .................................. $59,626,655.00 548,167.00 11,617,643.00 748,529.00 Fund Balance Capital Maintenance and Equipment Replacement Program - Schools (4) ............................................ $ (118,167.00) (1) School Buses (001-060-6004-6676-0808) (2) Driver Training Vehicles (001-060-6004-6676-0824) (3) Equipment Replace. Contingency (001-002-9410-2202) (4) CMERP - School (001-3324) $ 383,599.00 34,568.00 (150,000.00) (118,167.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ C~ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29665. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for redesigning plans for additional repair work on the Washington Park Box Culvert; 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. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., dated December 8, 1986, related to the plans and specifications for repair of the Washington Park Box Culvert. 2. Such Change Order shall provide for the following changes in the amount of the contract: 286 ORIGINAL CONTRACT AMOUNT $ 97,699.00 Redesign of plans for additional repair work on Washington Park Box Culvert CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. i $ 11,500.00 $109,199.00 Time extension required as a result of this Change Order. Oe 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. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29666. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay From Revenue $ 5,370,199.00 Coyner Springs Sewer (1) ......................................... 410,985.00 Retained Earnings Retained Earnings (2) ............................................. $13,158,189.00 (1) Appr. from General Revenue (003-056-8444-9003) $ 116,324.00 (2) Retained Earnings - Unrestricted (003-3336) (116,324.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. - r~c ty Clerk APPROVED 287 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The loth day of July, 1989. No. 29667. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Dixon Contracting, Inc., for the Coyner Springs Sanitary Sewer Main Extension; 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 Dixon Contracting, Inc., dated April 17, 1989, related to the Coyner Springs Sanitary Sewer Main Extension. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 258,783.00 CONTRACT AMOUNT WITH PREVIOUS CHANGE ORDERS $ 273,524.00 CHANGE ORDER NO. 2 Contract Item: 100' 42" bore under U.S. 460 at $650.00 per foot + $ 65,000.00 60' 42" tunnel under U.S. 460 at $750.00 per foot + 45,000.00 Manhole lA at half price + 625.00 Additional cost for open cut, traffic control & pavement replacement + 5,699.00 TOTAL AMOUNT OF CHANGE ORDER NO. 2 $ 116,324.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 Additional calendar days resulting from Change Order No. 2 $ 389,848.00 None. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk 288 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29668. A RESOLUTION establishing certain fees for the provision of certain emergency medical services; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The schedule of fees due to the City for emergency medical ser- vices provided by the City and/or Roanoke Emergency Medical Services, Inc., shall be as follows: Basic Life Support (BLS) $ 100.00 Advanced Life Support (ALS) Response and Evaluation* (non-transport) $ 130.00 $ 70.00 * Response and Evaluation (non-transport) fee to be assessed only in cases of habitual abuse of the system. 2. The Fee Compendium of the City of Roanoke, maintained by the Director of Finance, shall be amended to inlude the foregoing new fees under the heading of Emergency Medical Services. 3. This Resolution shall be in full force and effect on and after July 15, 1989. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29669. AN ORDINANCE authorizing the City Manager to enter into a contract bet- ween the City and Carillon Transportation Service, Inc., for provision of emergency medical services billing and collection services; authorizing the City Manager to enter into a contract between the City and Roanoke Emergency Medical Services, Inc., relating to provision of emergency medical services; and provid- ing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager shall, for and on behalf of the City, be authorized to enter into a contract between the City and Carillon Transportation Service, Inc., providing for such firms's providing emergency medical services billing and collection services to the City at the rate set out in the City Manager's report to Council dated July 10, 1989, a copy of which is 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. 2. The City Manager shall, for and on behalf of the City, be authorized to enter into a contract between the City and Roanoke Emergency Medical Services, Inc., relating to provision of emergency medical services and coordination of provision of such services between the City and volunteer com- ponents, dated July 15, 1989, a copy of which is 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. 289 3. The City Manager shall be authorized for an on behalf of the City, to give notice to the appropriate officials of Roanoke Life Saving and First Aid Crew, Incorporated, and Williamson Road Life Saving and First Aid Crew, Incor- porated, to terminate the current contract between the City and the two crews, dated July 1, 1986. 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 and after July 15, 1989. APPROVED ATTEST: City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29670. AN ORDINANCE accepting a bid made for providing ductile-iron water pipe to the City; rejecting other bids; and providing for an emergency. BE IT ORDAINED 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 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 BID AMOUNT $ 4.56 LF 4.92 LF 4.55 LF 5.35 LF 4.82 LF 7.26 LF 6.65 LF 9.60 LF 8.78 LF 12.10 LF 11.23 LF 18.80 LF 17.20 LF 22.69 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 therefore and in accordance with this ordinance. 290 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. 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 lOth day of July, 1989. No. 29671. AN ORDINANCE accepting certain bids made for providing chemicals for water and sewage treatment; rejecting other bi ds; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The following bids made to the City for providing, on a unit price basis, certain chemicals used in water and sewage treatment, such bids being in full accord with the City's specifications therefor and each bid being f.o.b. destination and such bids being firm for one year from July 1, 1989, are hereby ACCEPTED: VENDOR PRODUCT PRICE General Chemical Corporation Liquid Alum $.336528 per gallon Van Waters and Rogers Liquid Chlorine $50.O0/cwt for 150 lb. cylinders $27.50/cwt for 2000 lb. cylinders Prillaman Chemical Corporation Standard Ground Alum $230.53 per ton 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for such chemicals, such purchase orders to be made and filed in accordance with the City's specifica- tions, the bidders' proposals made therefor and in accordance with this ordi- nance. 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 such bids. 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 291 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29672. AN ORDINANCE to amend and reordain certain sections of the 1989~90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government (1-51) ........................................ $ 8,015,589.00 Judicial Administration (52-68) .................................. Public Safety (69-129) ........................................... Public Works (130-171) ........................................... Health and Welfare (172-187) ..................................... Parks, Recreation and Cultural (188-204) ......................... Community Development (205-213) .................................. Education (214-389) .............................................. 3,029,978.00 25,644,530.00 18,776,747.00 12,064,201.00 3,664,375.00 1,250,086.00 60,966,136.00 Fund Balance Reserve for Prior Year Encumbrances (390) ........................ $ (4,486,684.00) (1) Gratuities (2) Furniture & Equipment (3) Administrative Supplies (4) Expendable Equipment (5) Administrative Supplies (6) Expendable Equipment (7) Employee Newsletter (8) Furniture & Equipment (9) Administrative Supplies (10) Expendable Equipment (11) Furniture & Equipment (12) Administrative Supplies (13) Expendable Equipment (14) Furniture & Equipment (15) Administrative Supplies (16) Expendable Equipment (17) Furniture & Equipment (18) Maintenance Contracts (19) Administrative Supplies (20) Expendable Equipment (21) Furniture & Equipment (22) Fees for Professional Services (23) Expendable Equipment (24) Furniture & Equipment (25) Administrative Supplies (26) Maintenance - Equipment (27) Administrative Supplies (28) Expendable Equipment (29) Other Equipment (30) Administrative Supplies (31) Expendable Equipment (32) Furniture & Equipment (33) Administrative Supplies (34) Administrative Supplies (35) Expendable Equipment (36) Insurance (37) Administrative Supplies (38) Furniture & Equipment (39) Administrative Supplies (40) Fees for Professional Services (41) Employee Programs (42) Furniture & Equipment (43) Fees for Professional Services (44) Administrative Supplies (45) Expendable Equipment (001-001-1110-2155) (001-001-1110-9005) (001-001-1120-2030) (001-001-1120-2035) (001-002-1211-2030) (001-002-1211-2035) (001-002-1211-2041) (001-002-1211-9005) (001-002-1212-2030) (001-002-1212-2035) (001-002-1212-9005) (001-003-1220-2030) (001-003-1220-2035) (001-003-1220-9005) (001-004-1231-2030) (001-004-1231-2035) (001-004-1231-9005) (001-004-1232-2005) (001-004-1232-2030) (001-004-1232-2035) (001-004-1232-9005) (001-005-1240-2010) (001-005-1240-2035) (001-010-1240-9005) (001-010-1310-2030) (001-010-1310-2048) (001-020-1234-2030) (001-020-1234-2035) (001-020-1234-9015) (001-022-1233-2030) (001-022-1233-2035) (001-022-1233-9005) (001-023-1235-2030) (001-050-1237-2030) (001-050-1237-2035) (001-050-1237-3020) (001-050-1260-2030) (001-050-1260-9005) (001-050-1261-2030) (001-050-1261-2010) (001-050-1261-2043) (001-050-1261-9005) (001-052-1280-2010) (001-052-1280-2030) (001-052-1280-2035) 732.00 42,463.00 797.00 275.00 383.00 446.00 1,000.00 1,075.00 482.00 796.00 5,050.00 162.00 1,776.00 686.00 786.00 2,378.00 5,324.00 462.00 3,710.00 9,141.00 13,791.00 62,000.00 789.00 630.00 207.00 169.00 1,180.00 755.00 1,338.00 1,136.00 1,170.00 1,768.00 1,357.00 677.00 1,805.00 1,885.00 72.00 2,500.00 68.00 9,800.00 1,248.00 1,328.00 13.00 813.00 427.00 2 92 (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) (71) (72) (73) (74) (75) (76) (77) (78) (79) (80) (81) (82) (83) (84) (85) (86) (87) (88) (89) (90) (91) (92) (93) (94) (95) (96) (97) (98) (99) (lOO) (101) (lO2) (103) (104) (105) (lO6) (107) (lO8) (lO9) (11o) (111) (112) (113) (114) (115) (116) (117) (118) (119) (120) Furniture & Equipment Administrative Supplies Furniture & Equipment Administrative Supplies Expendable Equipment Furniture & Equipment Administrative Supplies Expendable Equipment Training and Development Maintenance - Equipment Administrative Supplies Expendable Equipment Furniture and Equipment Administrative Supplies Furniture & Equipment Furniture & Equipment Expendable Equipment Publications & Subscriptions Furniture and Equipment Fees for Professional Services Administrative Supplies Expendable Equipment Publications and Subscriptions Administrative Supplies Expendable Equipment Training and Development Maintenance - Buildings Medical Wearing Apparel Project Supplies Administrative Supplies Administrative Supplies Expendable Equipment Medical Wearing Apparel Vehicular Equipment Administrative Supplies Expendable Equipment Wearing Apparel Other Equipment Administrative Supplies Expendable Equipment Wearing Apparel Other Equipment Administrative Supplies Dues and Memberships Administrative Supplies Administrative Supplies Expendable Equipment Maintenance - Equipment Wearing Apparel Furniture and Equipment Vehicular Equipment Other Equipment Expendable Equipment Fees for Professional Services Administrative Supplies Expendable Equipment Chemicals Maintenance - Equipment Furniture and Equipment Vehicular Equipment Other Equipment Administrative Supplies Expendable Equipment Other Equipment Expendable Equipment Fees for Professional Services Administrative Supplies Expendable Equipment Publications and Subscriptions Administrative Supplies Wearing Apparel Administrative Supplies Expendable Equipment (001-052-1280-9005) (001-054-1270-2030) (001-054-1270-9005) (001-056-1250-2030) (001-056-1250-2035) (001-056-1250-9005) (001-024-2140-2030) (001-024-2140-2035) (001-024-2140-2044) (001-024-2140-2048) (001-026-2210-2030) (001-026-2210-2035) (001-026-2210-9005) (001-028-2111-2030) (001-028-2111-9005) (001-054-2150-9005) (001-070-2120-2035) (001-070-2120-2040) (001-070-2120-9005) (001-072-2110-2010) (001-072-2110-2030) (001-072-2110-2035) (001-072-2110-2040) (001-024-3310-2030) (001-024-3310-2035) (001-024-3310-2044) (001-024-3310-2050) (001-024-3310-2062) (001-024-3310-2064) (001-024-3310-3005) (001-050-3111-2030) (001-050-3113-2030) (001-050-3113-2035) (001-050-3113-2062) (001-050-3113-2064) (001-050-3113-9010) (001-050-3114-2030) (001-050-3114-2035) (001-050-3114-2064) (001-050-3114-9015) (001-050-3115-2030) (001-050-3115-2035) (001-050-3115-2064) (001-050-3115-9015) (001-050-3211-2030) (001-050-3211-2042) (001-050-3212-2030) (001-050-3213-2030) (001-050-3213-2035) (001-050-3213-2048) (001-050-3213-2064) (001-050-3213-9005) (001-050-3213-9010) (001-050-3213-9015) (001-050-3214-2035) (001-050-3520-2010) (001-050-3520-2030) (001-050-3520-2035) (001-050-3520-2045) (001-050-3520-2048) (001-050-3520-9005) (001-050-3520-9010) (001-050-3520-9015) (001-050-3521-2030) (001-050-3521-2035) (001-050-3521-9015) (001-050-3530-2035) (001-052-3410-2010) (001-052-3410-2030) (001-052-3410-2035) (001-052-3410-2040) (001-054-3320-2030) (001-054-3320-2064) (001-054-3350-2030) (001-054-3350-2035) 2,500.00 152.00 2,500.00 668.00 1,272.00 2,500.00 306.00 234.00 128.00 460.00 324.00 1,393.00 527.00 1,364.00 719.00 1,866.00 2,669.00 139.00 9,670.00 217.00 973.00 767.00 99.00 852.00 1,005.00 533.00 4,721.00 210.00 2,965.00 2,042.00 1,833.00 173.00 3,255.00 61.00 2,555.00 15,420.00 2,360.00 18,790.00 4,113.00 18,487.00 2,680.00 4,850.00 39.00 3,403.00 400.00 70.00 74.00 271.00 19,137.00 4,098.00 9,900.00 1,768.00 188,211.00 95,791.00 179.00 9,688.00 886.00 1,537.00 5,419.00 180.00 6,456.00 17,247.00 29,211.00 711.00 1,045.00 7,060.00 1,475.00 1,116.00 1,035.00 1,234.00 634.00 122.00 38.00 436.00 2,330.00 29,3 (121) (122) (123) (124) (125) (126) (127) (128) (129) (130) (131) (132) (133) (134) (135) (136) (137) (138) (139) (140) (141) (142) (143) (144) (145) (146) (147) (148) (149) (15o) (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) (180) (181) (182) (183) (184) (185) (186) (187) (188) (189) (190) (191) (192) (193) (194) (195) (196) Training and Development Wearing Apparel USDA - Expenditures Insurance Other Equipment Housekeeping Supplies Expendable Equipment USDA - Expenditures Purchased Services Expendable Equipment Motor Fuels and Lubricants Maintenance - Equipment Maintenance - Buildings Wearing Apparel Project Supplies Other Equipment Construction Other Project Supplies Maintenance of Infrastructures Vehicular Equipment Fees for Professional Services Administrative Supplies Expendable Equipment Publications and Subscriptions Project Supplies Other Equipment Other Rental Other Equipment Fees for Professional Services Maintenance - Equipment Maintenance Contracts Administrative Supplies Expendable Equipment Training and Development Motor Fuels & Lubricants Maintenance - Buildings Maintenance 3rd Party Contract Other Equipment Vehicular Equipment Expendable Equipment Project Supplies Telephone Administrative Supplies Administrative Supplies Expendable Equipment Project Supplies Maintenance - General Fund Maintenance - Enterprise Funds Maintenance - 3rd Party Contract Vehicular Equipment Other Equipment Administrative Supplies Expendable Equipment Furniture and Equipment Other Equipment Maintenance Contracts Administrative Supplies Administrative Supplies Administrative Supplies Vehicular Equipment Maintenance Contracts Administrative Supplies Admi ni strati ve Suppl i es Equipment Rental/Lease Admi ni strati ve Suppl i es Expendable Equipment Medical Fees for Professional Services Advertising Administrative Supplies Expendable Equipment Program Activities Senior Citizens Special Events Tournaments Furniture & Equipment (001-054-3350-2044) (001-054-3350-2064) (001-054-3350-3000) (001-054-3350-3020) (001-054-3350-9015) (001-054-3360-2032) (001-054-3360-2035) (001-054-3360-3000) (001-054-3360-3160) (001-050-4340-2035) (001-050-4340-2038) (001-050-4340-2048) (001-050-4340-2050) (001-050-4340-2064) (001-050-4340-3005) (001-050-4340-9015) (001-050-4340-9065) (001-052-4110-3005) (001-052-4110-3055) (001-052-4110-9010) (001-052-4120-2010) (001-052-4130-2030) (001-052-4130-2035) (001-052-4130-2040) (001-052-4130-3005) (001-052-4130-9015) (001-052-4130-3075) (001-052-4140-9015) (001-052-4150-2010) (001-052-4150-2048) (001-052-4160-2005) (001-052-4160-2030) (001-052-4160-2035) (001-052-4160-2044) (001-052-4160-2048) (001-052-4160-2050) (001-052-4160-3056) (001-052-4160-9015) (001-052-4210-9010) (001-052-4220-2035) (001-052-4220-3005) (001-052-4310-2020) (001-052-4310-2030) (001-052-4330-2030) (001-052-4330-2035) (001-052-4330-3005) (001-052-4330-3050) (001-052-4330-3051) (001-052-4330-3056) (001-052-4330-9010) (001-052-4330-9015) (001-054-5110-2030) (001-054-5110-2035) (001-054-5110-9005) (001-054-5110-9015) (001-054-5311-2005) (001-054-5312-2030) (001-054-5313-2030) (001-054-5314-2030) (001-054-5314-0010) (001-054-5316-2005) (001-054-5316-2030) (001-054-5317-2030) (001-054-5317-3070) (001-054-5340-2030) (001-054-5340-2035) (001-054-5340-2062) (001-050-7110-2010) (001-050-7110-2015) (001-050-7110-2030) (001-050-7110-2035) (001-050-7110-2066) (001-050-7110-2120) (001-050-7110-2125) (001-050-7110-2130) (001-050-7110-9005) 250.00 98.00 974.00 250.00 1,512.00 143.00 1,539.00 897.00 13,577.00 7,542.00 156.00 6,922.00 6,583.00 497.00 24,946.00 7,303.00 3,100.00 31,250.00 82,432.00 94,493.00 889,526.00 1,677.00 11,344.00 45.00 2,231.00 10,663.00 14,843.00 15,270.00 26,000.00 24,066.00 2,000.00 116.00 160.00 105.00 9,327.00 10.00 850.00 5,450.00 271,733.00 924.00 124.00 5,060.00 1,419.00 931.00 763.00 57.00 27,856.00 5,241.00 210,639.00 22,358.00 3,803.00 1,914.00 1,280.00 6,369.00 12,907.00 1,293.00 375.00 156.00 726.00 8,833.00 82.00 90.00 7.00 250.00 123.00 6,202.00 1,319.00 1,070.00 2,700.00 553.00 5,469.00 7,606.00 34.00 300.00 330.00 13,419.00 294 (197) Vehicular Equipment (198) Other Equipment (199) Fees for Professional Services (200) Administrative Supplies (201) Expendable Equipment (202) Publications & Subscriptions (203) Furniture and Equipment (204) Other Equipment (205) Advertising (206) Administrative Supplies (207) Furniture & Equipment (208) Administrative Supplies (209) Fees for Professional Services (210) Administrative Supplies (211) Other Equipment (212) Expendable Equipment (213) Furniture and Equipment (214) Mileage (215) Mileage (216) Mileage (217) Mileage (218) Educ & Recreational Supplies (219) Mileage (220) Educ & Recreational Supplies (221) Mileage (222) Field Trips (223) Mileage (224) Mileage (225) Mileage (226) Office Supplies (227) Educ & Recreational Supplies (228) Other Professional Services (229) Maintenance Service Contracts (230) Office Supplies (231) Educ & Recreational Supplies (232) Matching Funds (233) Books and Subscriptions (234) Educ & Recreational Supplies (235) Books & Subscriptions (236) Repl-Other Capital Outlays (237) Field Trips (238) Educ & Recreational Supplies (239) Educ & Recreational Supplies (240) Repl-Machinery & Equip (241) Books and Subscriptions (242) Educ & Recreational Supplies (243) Books and Subscriptions (244) Testing/Evaluat/Dissemin (245) Office Supplies (246) Educ & Recreational Supplies (247) Other Operation Supplies (248) Conventions/Education (249) Inservice Workshops (250) Inservice Supplies (251) Mileage (252) Other Miscellaneous Payments (253) Other Operation Supplies (254) Educ & Recreational Supplies (255) Mileage (256) Books and Subscriptions (257) Mileage (258) Books & Subscriptions (259) Purchased Services (260) Tuition - In State (261) Mileage (262) Office Supplies (263) Educ & Recreational Supplies (264) Other Operation Supplies (265) Books & Subscriptions (266) Educ & Recreational Supplies (267) Maintenance Service Contracts (268) Mileage (269) Educ & Recreational Supplies (270) Vehicle & Equipment Fuel (271) Books & Subscriptions (272) Educ & Recreational Supplies (001-050-7110-9010) (001-050-7110-9015) (001-050-7210-2010) (001-054-7310-2030) (001-054-7310-2035) (001-054-7310-2040) (001-054-7310-9005) (001-054-7310-9015) (001-002-8120-2015) (001-002-8120-2030) (001-002-8120-9005) (001-002-8123-2030) (001-052-8110-2010) (001-052-8110-2030) (001-052-8110-9015) (001-054-8170-2035) (001-054-8170-9005) (001-060-6001-6001-0551) (001-060-6001-6005-0551) (001-060-6001-6006-0551) (001-060-6001-6009-0551) (001-060-6001-6029-0614) (001-060-6001-6046-0551) (001-060-6001-6100-0614) (001-060-6001-6105-0551) (001-060-6001-6106-0583) (001-060-6001-6109-0551) (001-060-6001-6146-0551) (001-060-6001-6200-0551) (001-060-6001-6200-0601) (001-060-6001-6201-0614) (001-060-6001-6202-0313) (001-060-6001-6202-0332) (001-060-6001-6202-0601) (001-060-6001-6202-0614) (001-060-6001-6204-0588) (001-060-6001-6204-0613) (001-060-6001-6204-0614) (001-060-6001-6205-0613) (001-060-6001-6207-0809) (001-060-6001-6208-0583) (001-060-6001-6208-0614) (001-060-6001-6209-0614) (001-060-6001-6209-0801) (001-060-6001-6211-0613) (001-060-6001-6211-0614) (001-060-6001-6212-0613) (001-060-6001-6213-0584) (001-060-6001-6213-0601) (001-060-6001-6213-0614) (001-060-6001-6213-0615) (001-060-6001-6214-0554) (001-060-6001-6214-0587) (001-060-6001-6214-0617) (001-060-6001-6215-0551) (001-060-6001-6215-0586) (001-060-6001-6215-0615) (001-060-6001-6217-0614) (001-060-6001-6218-0551) (001-060-6001-6218-0613) (001-060-6001-6219-0551) (001-060-6001-6225-0613) (001-060-6001-6229-0381) (001-060-6001-6229-0382) (001-060-6001-6229-0551) (001-060-6001-6229-0601) (001-060-6001-6300-0614) (001-060-6001-6300-0615) (001-060-6001-6301-0613) (001-060-6001-6301-0614) (001-060-6001-6302-0332) (001-060-6001-6302-0551) (001-060-6001-6302-0614) (001-060-6001-6303-0609) (001-060-6001-6304-0613) (001-060-6001-6304-0614) 15,640.00 5,378.00 2,500.00 5,491.00 5,634.00 26,867.00 7,345.00 6,450.00 2,460.00 331.00 1,148.00 100.00 4,084.00 290.00 4,290.00 270.00 2,993.00 105.00 136.00 10.00 24.00 95.00 142.00 2,988.00 433.00 470.00 1,259.00 20.00 233.00 403.00 771.00 4,000.00 2,492.00 694.00 207.00 4,449.00 19,246.00 119.00 15,290.00 2,075.00 71.00 1,384.00 124.00 162.00 27,860.00 326.00 202.00 7,348.00 297.00 849.00 123.00 1,563.00 202.00 1,643.00 642.00 139.00 621.00 127.00 250.00 651.00 401.00 1,153.00 145.00 12,645.00 280.00 248.00 2,065.00 440.00 50.00 748.00 6,758.00 373.00 694.00 3,694.00 2,167.00 2,167.00 (273) (274) (275) (276) (277) (278) (279) (28O) (281) (282) (283) (284) (285) (286) (287) (288) (289) (290) (291) (292) (293) (294) (295) (296) (297) (298) (299) (300) (3Ol) (302) (303) (304) (305) (306) (307) (308) (309) (310) (311) (312) (313) (314) (315) (316) (317) (318) (319) (320) (321) (322) (323) (324) (325) (326) (327) (328) (329) (330) (331) (332) (333) (334) (335) (336) (337) (338) (339) (340) (341) (342) (343) (344) (345) (346) (347) Other Professional Services Repair & Maintenance Payments General Liability Insurance Other Miscellaneous Payments Books & Subscriptions Educ & Recreational Supplies Other Professional Services Mileage Books & Subscriptions Educ & Recreational Supplies Mileage Books & Subscriptions Educ & Recreational Supplies Books & Subscriptions Educ & Recreational Supplies Repair & Maintenance Payments Mileage Dues & Assoc Memberships Field Trips Testing/Evaluat/Dissemin Books & Subscriptions Educ & Recreational Supplies Books & Subscriptions Educ & Recreational Supplies Testi ng/E val uat/Di ssemi n Office Supplies Educ & Recreational Supplies Other Operation Supplies Repl-Furniture & Fixt Conventions/Education Inservice Workshops Inservice Supplies Lease/Rent of Equipment Mileage Other Operation Supplies Mileage Mileage Books & Subscriptions Repl-Machinery & Equip Mileage Books & Subscriptions Books & Subscriptions Tuition-Private Schools Tuition-in State Lease-Rent of Buildings Mileage Office Supplies Books & Subscriptions Educ & Recreational Supplies Books & Subscriptions Books & Subscriptions Books & Subscriptions Books & Subscriptions Repair & Maintenance Payments Maintenance Service Contracts Mileage Books & Subscriptions Educ & Recreational Supplies Repl-Machinery & Equip Educ & Recreational Supplies Educ & Recreational Supplies Educ & Recreational Supplies Educ & Recreational Supplies Office Supplies Printing & Binding Services Office Supplies Printing & Binding Services Office Supplies Other Professional Services Printing & Binding Services Printing & Binding Services Office Supplies Other Professional Services Lease/Rent of Equipment Office Supplies (001-060-6001-6306-0313) (001-060-6001-6306-0331) (001-060-6001-6306-0538) (001-060-6001-6306-0586) (001-060-6001-6306-0613) (001-060-6001-6306-0614) (001-060-6001-6307-0313) (001-060-6001-6307-0551) (001-060-6001-6307-0613) (001-060-6001-6307-0614) (001-060-6001-6308-0551) (001-060-6001-6308-0613) (001-060-6001-6308-0614) (001-060-6001-6309-0613) (001-060-6001-6309-0614) (001-060-6001-6311-0331) (001-060-6001-6311-0551) (001-060-6001-6311-0581) (001-060-6001-6311-0583) (001-060-6001-6311-0584) (001-060-6001-6311-0613) (001-060-6001-6311-0614) (001-060-6001-6312-0613) (001-060-6001-6312-0614) (001-060-6001-6313-0584) (001-060-6001-6313-0601) (001-060-6001-6313-0614) (001-060-6001-6313-0615) (001-060-6001-6313-0802) (001-060-6001-6314-0554) (001-060-6001-6314-0587) (001-060-6001-6314-0617) (001-060-6001-6315-0541) (001-060-6001-6315-0551) (001-060-6001-6315-0615) (001-060-6001-6317-0551) (001-060-6001-6318-0551) (001-060-6001-6318-0613) (001-060-6001-6318-0801) (001-060-6001-6319-0551) (001-060-6001-6321-0613) (001-060-6001-6325-0613) (001-060-6001-6329-0312) (001-060-6001-6329-0382) (001-060-6001-6329-0542) (001-060-6001-6329-0551) (001-060-6001-6329-0601) (001-060-6001-6329-0613) (001-060-6001-6331-0614) (001-060-6001-6334-0613) (001-060-6001-6335-0613) (001-060-6001-6337-0613) (001-060-6001-6338-0613) (001-060-6001-6343-0331) (001-060-6001-6343-0332) (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) (001-060-6001-6400-0614) (001-060-6001-6449-0614) (001-060-6001-6666-0614) (001-060-6002-6661-0601) (001-060-6002-6662-0351) (001-060-6002-6662-0601) (001-060-6002-6663-0351) (001-060-6002-6663-0601) (001-060-6002-6664-0313) (001-060-6002-6664-0351) (001-060-6002-6665-0351) (001-060-6002-6665-0601) (001-060-6002-6666-0313) (001-060-6002-6666-0541) (001-060-6002-6666-0601) 29.5 $ 3,690.00 5.00 5,463.00 1,615.00 725.00 127.00 1,470.00 59.00 637.00 682.00 42.00 2,400.00 633.00 281.00 231.00 572.00 147.00 135.00 2,491.00 68.00 8,624.00 6,876.00 552.00 3,939.00 258.00 261.00 775.00 895.00 54.00 3,227.00 58.00 4,497.00 68.00 30.00 2,415.00 2,966.00 22.00 44,562.00 770.00 915.00 302.00 461.00 55,742.00 123,031.00 3,000.00 84.00 135.00 607.00 559.00 8.00 1,450.00 843.00 42.00 800.00 161.00 2,950.00 94.00 1,987.00 1,070.00 187.00 599.00 114.00 523,504.00 51.00 390.00 78.00 88.00 25.00 401.00 1,060.00 2,030.00 240.00 264.00 39,746.00 6,540.00 296 (348) Office Supplies (349) Other Professional Services (350) Conventions/Educational (351) Office Supplies (352) Professional Health Services (353) Other Professional Services (354) Testing/Evaluat/Dissemin (355) Testing/Evaluat/Dissemin (356) Educ & Recreational Supplies (357) Attendance Bonuses (358) Laundry/Dry Cleaning (359) Office Supplies (360) Vehicle & Equipment Supplies (361) Inservice Workshops (362) Purchased Services (363) Electrical Service (364) Heating Services (365) Telecommunications (366) Janitorial Supplies (367) Repair & Maintenance Supplies (368) Repair & Maintenance Supplies (369) Maintenance Service Contracts (370) Repair & Maintenance Supplies (371) Repl-Furniture & Fixt (372) Vehicle & Equipment Supplies (373) Police Supplies (374) Repl-Machinery & Equip (375) Other Professional Services (376) Mileage (377) Food (378) Food Service Supplies (379) Repair & Maintenance Supplies (380) Addt-Machinery & Equipment (381) Addt-Furniture & Fixt (382) Addt-Machinery & Equipment (383) Addt-Furniture & Fixt (384) Repl-Data Process Equip (385) Repl-School Buses (386) Addt-Machinery & Equip (387) Buildings (388) Repl-Other Capital Outlays (001-060-6002-6668-0601) (001-060-6002-6669-0313) (001-060-6002-6669-0554) (001-060-6002-6669-0601) (001-060-6002-6671-0311) (001-060-6002-6671-0313) (001-060-6002-6673-0584) (001-060-6002-6674-0584) (001-060-6002-6674-0614) (001-060-6002-6675-0211) (001-060-6002-6675-0371) (001-060-6002-6675-0601) (001-060-6002-6678-0610) (001-060-6002-6680-0587) (001-060-6002-6681-0381) (001-060-6002-6681-0511) (001-060-6002-6681-0512) (001-060-6002-6681-0523) (001-060-6002-6681-0606) (001-060-6002-6681-0608) (001-060-6002-6682-0608) (001-060-6002-6683-0332) (001-060-6002-6683-0608) (001-060-6002-6683-0802) (001-060-6002-6684-0610) (001-060-6002-6685-0611) (001-060-6003-6788-0801) (001-060-6003-6788-0313) (001-060-6003-6788-0551) (001-060-6003-6788-0602) (001-060-6003-6788-0603) (001-060-6003-6788-0608) (001-060-6004-6200-0821) (001-060-6004-6200-0822) (001-060-6004-6218-0821) (001-060-6004-6218-0822) (001-060-6004-6302-0806) (001-060-6004-6676-0808) (001-060-6004-6681-0821) (001-060-6004-6681-0851) (001-060-6004-6682-0809) (389) Addt-Other Capital Outlays (001-060-6004-6682-0829) (390) Reserve For Prior Yr Encumbrances (001-3331) $ 670.00 6,835.00 55.00 935.00 87.00 3,500.00 145.00 283.00 754.00 22.00 10,607.00 1,041.00 4,716.00 940.00 370.00 27,988.00 238.00 10.00 1,105.00 81,547.00 1,992.00 2,978.00 1,288.00 9,455.00 8,444.00 6,142.00 7,997.00 142.00 567.00 96.00 23,808.00 2,145.00 116,962.00 60,826.00 10,634.00 9,451.00 8,040.00 142,045.00 131,523.00 729.00 56,580.00 7,803.00 (4,486,684.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: '~~k.~'t~,-- City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29673. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Water Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Water - Operating $ 1,489,912.00 Contractual Service (1) ......................................... 21,600.00 297 Water - Pumping Stations $ 580,899.00 Other Charges (2-4) ............................................. 405,596.00 Water Purification 774,728.00 Other Charges (5-6) ............................................. 224,225.00 Capital Outlay from Revenue 1,201,546.00 Capital Outlay (7-11) ............................................ 1,201,546.00 (1) Fees for Prof. Services (2) Administrative Supplies (3) Maintenance - Equipment (4) Maintenance - Equipment (5) Chemicals (6) Maintenance - Buildings (7) Water New Srv, Hydrants, Lines (002-056-2160-2010) $ (002-056-2165-2030) (002-056-2165-2048) (002-056-2165-2050) (002-056-2170-2045) (002-056-2170-2050) (002-056-2178-9025) (8) Water Unidentified Plt. Replace (002-056-2178-9026) (9) Fire Hydrants FY87 (002-056-2178-9033) (10) CCFP Exterior Painting (002-056-2178-9034) (11) Statesman Park Tank Painting (002-056-2178-9035) 9,600.00 14.00 52.00 330.00 13,014.00 643.00 8,190.00 56,041.00 168,233.00 21,082.00 25,000.00 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 July, 1989. No. 29674. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Sewage Administration Contractual Services (1) ......................................... Sewage - Maintenance Other Charges (2-4) .............................................. Sewage - Operations Other Charges (5-6) .............................................. Sewage - Laboratory Other Charges (7) ................................................ $ 2,085,174.00 1,434,196.00 944,102.00 638,421.00 1,881,328.00 1,084,262.00 153,647.00 21,488.00 (1) Fees for Prof. Services (2) Expendable Equip. < $500 (3) Maintenance Equipment (4) Maintenance Buildings (5) Utilities - Other (6) Administrative Supplies (7) Chemicals (003-056-3150-2010) $571,196.00 (003-056-3155-2035) (003-056-3155-2048) (003-056-3155-2050) (003-056-3160-2029) (003-056-3160-2030) (003-056-3165-2045) 471.00 173,344.00 44,907.00 208.00 354.00 888.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ~r~ ~City Clerk Mayor 298 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29675. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Operating Other Charges (1-2) ............................................. Capital Outlay from Revenue Capital Outlay (3) .............................................. $ 1,515,597.00 470,278.00 73,864.00 73,864.00 (1) Admin. Supplies (005-050-2105-2030) (2) Expendable Equipment < $500 (005-050-2105-2035) (3) Other Equipment (005-050-2105-9015) $ 280.00 350.00 23,864.00 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 July, 1989· No. 29676. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Management Services $ 422,114.00 Other Charges (1) ................................................. 223,607.00 City Information Systems 1,786,012.00 Other Charges (2-4) 131 299 O0 Capital Outlay (5) ................................................ Material Control Other Charges (6-7) ............................................... Capital Outlay (8) ................................................ Motor Vehicle Maintenance Other Charges (9-11) ......... Capital Outlay (12)..~.~~.~ ..... ~.~~]~]~ Utility Lines Services Contractual Services (13) ......................................... Other Charges (14-17) ............................................. Rentals & Leases (18) ............................................. Capital Outlay (19) ............................................... 196,150.00 143,224.00 6,021.00 9,969.00 1,747,296.00 591,365.00 14,633.00 2,541,730.00 6,701.00 12,487.00 2,470.00 219,320.00 299 (1) Admin. Supplies (2) Admin. Supplies (3) Expend. Equip. < $500 (4) Training and Development (5) Other Equipment (6) Admin. Supplies (7) Maintenance - Equipment (8) Furniture and Equipment (9) Admin. Supplies (10) Expend. Equip < $500 (11) Proj. Supplies (12) Other Equipment (13) Fees For Prof. Services (14) Admin. Supplies (15) Expend. Equip. < $500 (16) Maintenance - Equipment (17) Proj. Supplies (18) Equipment Rental/Lease (19) Other Equipment (006-002-1617-2030) (006-050-1601-2030) (006-050-1601-2035) (006-050-1601-2044) (006-050-1601-9015) (006-050-1613-2030) (006-050-1613-2048) (006-050-1613-9005) (006-052-2641-2030) (006-052-2641-2035) (006-052-2641-3005) (006-052-2641-9015) (006-056-2625-2010) (006-056-2625-2030) (006-056-2625-2035) (006-056-2625-2048) (006-056-2625-3005) (006-056-2625-3070) (006-056-2625-9015) $ 9,207.00 1,242.00 4,444.00 90.00 15,545.00 44.00 60.00 9,469.00 1,067.00 2,042.00 8,456.00 2,979.00 701.00 406.00 934.00 136.00 11,011.00 470.00 16,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The loth day of July, 1989. No. 29677. 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 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. 300 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of July, 1989. No. 29678. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Utility Line Services $6,949,853.00 Capital Outlay (1) ................................................ 420,844.00 Retained Earnings - Unrestricted (2) ............................... $1,638,627.00 (1) Construction of Structures (006-056-2625-9060) $ 15,040.00 (2) Retained Earnings - Unrestricted (006-3336) (15,040.00) 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 July, 1989. No. 29679. 201 AN ORDINANCE accepting the bid of Valley Roofing Corporation, made to the City for roof replacement at the Utility Line Services' Building; rejecting the other bid made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Valley Roofing Corporation, made to the City for roof replacement at the Utility Line Services' Building, meeting all of the City's specifications and requirements therefor, for the total bid price of $15,040.00, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order or contract therefor, as deemed appropriate, incorporating into such document 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 equipment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for 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: Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29655. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 142, 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 RM-1, Residential Multifamily, Low Density District and LM, Light Manufacturing District, to RM-2, Residential Multifamily, Medium Density District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 10, 1989, 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. 302 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. 142 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 on Mountain View Terrace, S. W., containing 1.52 acres, more or less, designated on Sheet No. 142 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number 1421501 be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District and LM, Light Manufacturing District, to RM-2, Residential Multifamily, Medium Density District, and that Sheet No. 142 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29656. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned, from Residential Single Family District, to C-l, Of,f~c~lD. is~c~t; ~ · ~,bJl.~ RS-3, 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 10, 1989, 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. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a 1.04 acre tract lying near the northeast inter- section of Melrose Avenue, N. W., and Country Club Drive, N. W., being the northern portion of the lot formerly designated as Official Tax No. 2660502 on Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RS-3, Residential Single Family District, to C-1, Office District, and that Sheet No. 266 of the Zone Map be changed in this respect. APPROVED ATTEST: City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29657. 303 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 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 CN, Neighborhood Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke {1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 10, 1989, 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. 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 containing one-fourth of an acre, more or less, located at 1502-1504 Melrose Avenue, N. W., designated on Sheet No. 222 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2222408 be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to CN, Neighborhood Commercial District, subject to those conditions proffered by and set forth in the Petition to Rezone filed on April 17, 1989, and Amended Petition to Rezone filed with the City Clerk on June 20, 1989, and that Sheet No. 222 of the Zone Map be changed in this respect. ATTEST: ~.~ City Clerk APPROVED 304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29658. AN ORDINANCE to §36.1-3, Code of the City of Roanoke (1979),as amended, and Sheet No. 642, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the appli- cant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residen- tial Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on July 10, 1989, 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. 642 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 an aggregate of 5.682 acres, more or less, lying on the southeast side, of Peters Creek Road, N. W., designated Sheet No. 642 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6421203 and 6421204 and a portion of Official Tax No. 6421205, 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 with the City Clerk on May 17, 1989, and that Sheet No. 642 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk Mayor 305 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29659. AN ORDINANCE authorizing the temporary closure by barricade of Carlisle Avenue, S. E., at its intersection with 16th Street, S. E., to close it to through traffic. WHEREAS, an application has been filed requesting the Council to close temporarily Carlisle Avenue S. E., to through traffic by barricading it at its intersection with 16th Street, S. E. WHEREAS, the City Planning Commission, which after having given public notice of its intent to do so, has conducted a public hearing on the matter, and by report dated July 10, 1989, has unanimously recommended that Carlisle Avenue be barricaded temporarily at its intersection with 16th Street, S. E., for a trial period of six (6) months, with date of temporary closure to commence from the date of installation of the proposed barricade; such temporary closure to provide an opportunity to analyze the impact of such closure at which time an application to permanently vacate, discontinue and close that portion of Carlisle Avenue will be made to City Council should it be deemed to be in the best interests of the public health and safety. WHEREAS, a public hearing was held on the said application by the City Council on July 10, 1989, at 7:30 p.m., after due and timely notice thereof, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application. WHEREAS, it appearing from the foregoing that the land proprietors directly affected by the requested temporary closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, Council considers that minimal inconvenience will result to any individual or to the public from temporarily closing by barricade Carlisle Avenue, S. E., to through traffic, and that such closing will promote the safety and welfare of those residing in the vicinity of the street to be closed temporarily. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager is hereby authorized to temporarily close Carlisle Avenue, S. E., to through traffic, by barricading at its intersection with 16th Street, S. E., for a period of six (6) months, during which time the impact of such tem- porary closure will be studied and an application to permanently vacate, discon- tinue and close that portion of the street will be made to Council should the closure be deemed to be in the best interests of the public health and safety. BE IT FURTHER ORDAINED that appropriate lighting, reflectorization, and warning signs be installed and maintained to inform motorists that Carlisle Avenue, S. E., has been barricaded. APPROVED ATTEST: City Clerk 306 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29660. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 717, 722 and 723, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain con- ditions 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, and RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on July 10, 1989, 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 Nos. 717, 722 and 723 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 in the northeast quadrant of the City, containing a combined total of 142 acres, mere or less, and designated on the City of Roanoke Tax Appraisal Maps as Official Tax Nos. 7170506, 7170508, currently zoned RS-3 Residential Single Family, and Official Tax Nos. 7220101, 7220103, 7230101, 7230201 and 7230301, currently zoned RA, Residential Agricultural, and shown on Sheet Nos. 717, 722 and 723 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RS-3, Residential Single Family District, and RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on May 18, 1989, and that Sheet Nos. 717, 722 and 723 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29664. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and the Greater Roanoke Transit Company for use of City-owned property at 12th Street and Campbell Avenue, S. E., for the Company's operations, maintenance and administrative facilities, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with the Greater Roanoke Transit Company for the Company's operations, maintenance and administrative facilities located at 12th Street and Campbell Avenue, S. E., on a month-to-month basis with provision for a 60 day notice of termination by either party at a monthly rental of $100.00 per month, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated July 10, 1989. 207 ATTEST: ~~ City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29680. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and The Hertz Corporation for use of City-owned property at 1302 Municipal Road, N. W., for said corporation's maintenance, ser- vicing and storage facilities, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with The Hertz Corporation for said corporation's maintenance, servicing and storage facilities located at 1302 Municipal Road, N. W., for a five (5) year period, effective as of December 1, 1988, with provi- sion for a ninety (90) day notice of termination by either party at an annual rental of $17,000.00, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated July 10, 1989. ATTE ST: Ci~t Clerk APPROVED Mayor 308 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29681. AN ORDINANCE authorizing the appropriate City officials to enter into a lease agreement for a portion of the Muse Spring property to allow existing garage and shed structures to remain, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized upon the terms and conditions contained herein to enter into a revocable lease agreement, in form approved by the City Attorney, with Randall D. Hollandsworth and Reva S. Hager, owners of property located at 2429 Mount Pleasant Boulevard, S. E., pro- viding for the lease of a 40' x 80' portion of the City's Muse Spring property, located within the City of Roanoke, including certain garage and shed structures until said structures are removed by the lessees or the City terminates such lease and directs their removal, at lessees' sole expense, as more fully des- cribed in a report of the Water Resources Committee to this Council dated July 10, 1989, and accompanying survey by Jack G. Bess, dated May 12, 1989, on file in the Office of the City Clerk and incorporated by reference herein. 2. It shall be agreed by the lessees that, in maintaining such leased property, said lessees covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from any and all claims for injuries or damages to persons or property that may arise by reason of the above-described lease including, without limitation, the presence of the existing structures, and the lessees, upon termination of the lease agreement by the City, shall remove such structures and repair the property solely at lessees' expense to the satisfaction of the City. 3. Lessees shall not assign such revocable lease without the prior written consent of City and lessees shall for the duration of this revocable lease, with respect to claims arising out of the maintenance and use of the structures and areas located on City property hereunder, maintain on file with the City Clerk's Office evidence of comprehensive general public liability insurance with limits of not less than $300,000.00 combined bodily injury liabi- lity, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 4. The lease agreement shall be in full force and effect at such time as a copy of the revocable lease document prepared at lessees' expense has been duly signed, sealed, attested, and acknowledged by lessees, and has been admitted to record, at the cost of the lessees, 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 3 above is on file in the Office of the City Clerk. APPROVED ATTEST: '~~::l,~ City Clerk Mayor 309 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29682. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Education Instruction (1) ................................... Other Uses of Funds (2) ........................... $59,208,488.00 44,332,082.00 552,307.00 GRANT FUND Appropriations Education Child Development Clinic (3-10) ................... Child Specialty Services (11-18) .................. Juvenile Detention Home (19-26) ................... Governor's School 1989-90 (27-61) ................. Revenue Education Child Development Clinic (62) ..................... Child Specialty Service (63) ...................... Juvenile Detention Home (64) ...................... Governor's School 1989-90 (65-67) ................. (1) Tuition (2) Transfer to Grant Fund (3) Educ. Coordinator (4) Social Security (5) State Retirement (6) Health Insurance (7) State Group Life Insurance (8) Indirect Costs (9) Travel (10) Instr. Supplies (11) Educ. Coordinator (12) Social Security (13) State Retirement (14) Health Insurance (15) State Group Life Insurance (16) Indirect Costs (17) Travel (18) Instr. Supplies (19) Educ. Coordinator (20) Social Security (21) State Retirement (22) Health Insurance (23) State Group Life Insurance (24) Indirect Costs (25) Travel (26) Instr. Supplies (27) Teachers 28 al Security 291Soci State Retirement (30) Health Insurance (001-060-6001-6307-0382) (001-060-6005-6999-0911) (035-060-6574-6554-0138) (035-060-6574-6554-0201) (035-060-6574-6554-0202) (035-060-6574-6554-0204) (035-060-6574-6554-0205) (035-060-6574-6554-0212) (035-060-6574-6554-0551) (035-060-6574-6554-0614) (035-060-6575-6554-0138) (035-060-6575-6554-0201) (035-060-6575-6554-0202) (035-060-6575-6554-0204) (035-060-6575-6554-0205) (035-060-6575-6554-0212) (035-060-6575-6554-0551) (035-060-6575-6554-0614) (035-060-6576-6554-0138) (035-060-6576-6554-0201) (035-060-6576-6554-0202) (035-060-6576-6554-0204) (035-060-6576-6554-0205) (035-060-6576-6554-0212) (035-060-6576-6554-0551) (035-060-6576-6554-0614) (035-060-6951-6107-0121) 035-060-6951-6107-0201) 035-060-6951-6107-0202 (035-060-6951-6107-02041 $15,226,340.00 48,530.00 60,521.00 35,802.00 655,000.00 $15,226,340.00 48,530.00 60,521.00 35,802.00 655,000.00 $( 169,000.00) 169,000.00 35,451.00 2,687.00 5,527.00 980.00 362.00 1,773.00 1,300.00 450.00 44,733.00 3,391.00 6,974.00 980.00 456.00 2,237.00 1,300.00 450.00 26,412.00 2,002.00 4,118.00 980.00 269.00 1,321.00 200.00 500.00 357,482.00 27,097.00 52,868.00 12,740.00 310 (31) State Group Life Insurance (32) Local Travel (33) Conference Travel (34) Field Trips (35) Textbooks (36) Director (37) Clerical (38) Social Security (39) State Retirement (40) Health Insurance (41) State Group Life Insurance (42) Part-Time Teach. (43) Service Contracts (44) Printing (45) Purchased Srvcs. (46) Tuition (47) Local Travel (48) Conference Travel (49) Evaluation (50) Inservice (51) Library Materials (52) Instr. Supplies (53) Equipment (54) Custodian (55) Social Security (56) City Retirement (57) Health Insurance (58) State Group Life Insurance (59) Utilities (60) Telecommunications (61) Maint. Supplies (62) State Grant Receipts (63) State Grant Receipts (64) State Grant Receipts (65) State Grant Receipts (66) Local Match (67) Fees (035-060-6951-6107-0205) (035-060-6951-6107-0551) (035-060-6951-6107-0554) (035-060-6951-6107-0583) (035-060-6951-6107-0613) (035-060-6951-6307-0114) (035-060-6951-6307-0151) (035-060-6951-6307-0201) (035-060-6951-6307-0202) (035-060-6951-6307-0204) (035-060-6951-6307-0205) (035-060-6951-6307-0321) (035-060-6951-6307-0332) (035-060-6951-6307-0351) (035-060-6951-6307-0381) (035-060-6951-6307-0382) (035-060-6951-6307-0551) (035-060-6951-6307-0554) (035-060-6951-6307-0584) (035-060-6951-6307-0587) (035-060-6951-6307-0613) (035-060-6951-6307-0614) (035-060-6951-6307-0802) (035-060-6951-6681-0192) (035-060-6951-6681-0201) (035-060-6951-6381-0203) (035-060-6951-6381-0204) (035-060-6951-6381-0205) (035-060-6951-6381-0511) (035-060-6951-6381-0523) (035-060-6951-6381-0608) (035-060-6574-1100) (035-060-6575-1100) (035-060-6576-1100) (035-060-6951-1100) (035-060-6951-1101) (035-060-6951-1103) $ 3,646.00 420.00 2,700.00 2,250.00 4,020.00 50,816.00 15,141.00 5,000.00 10,283.00 1,960.00 673.00 3,400.00 3,000.00 1,020.00 5,350.00 6,325.00 500.00 1,000.00 1,500.00 1,500.00 350.00 32,850.00 6,345.00 12,809.00 971.00 1,614.00 980.00 131.00 14,711.00 6,414.00 7,134.00 48,530.00 60,521.00 35,802.00 250,000.00 169,000.00 236.000.00 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 24th day of July, 1989. No. 29683. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 311 GENERAL FUND Appropriations Nondepartmental Transfer to Grant Fund (1) ......................... Judicial Administration Commonwealth's Attorney (2) ........................ $11,219,548.00 20,072.00 2,988,051.00 608,573.00 GRANT FUND Appropriations Judicial Administration Victim Witness 89-90 (3-11) ....................... $ 112,629.00 52,322.00 Revenue Judicial Administration $ Victim Witness 89-90 (12-13) ...................... 112,629.00 52,322.00 (1) Transfer to Grant Fund (2) Local Match (3) Regular Employee Salaries (4) FICA (5) Hosp. Insurance (6) Dental Insurance (7) Life Insurance (8) Training and Development (9) Telephone (10) Supplies (11) Mgt. Services (12) State Grant Rev. (13) Local Match (001-004-9310-9536) (001-026-2210-9536) (035-026-5113-1002) (035-026-5113-1120) (035-026-5113-1125) (035-026-5113-1126) (035-026-5113-1130) (035-026-5113-2044) (035-026-5113-2020) (035-026-5113-2030) (035-026-5113-7015) (035-035-1234-6950) (035-035-1234-6951) $ 20,072.00 (20,072.00) 38,980.00 2,924.00 2,136.00 168.00 394.00 3,935.00 1,000.00 1,465.00 1,320.00 32,250.00 20,072.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~dk~t~y.~ City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29684. A RESOLUTION authorizing the acceptance of Grant No. 89-A6821 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the State Department of Criminal Justice Services of Grant No. 89-A6821 in the total amount of $32,250.00 for Fiscal Year 89-90 for a Victim/Witness/Juror Program. $20,072.00. The local cash match for Fiscal Year 89-90 shall be the amount of 312 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. 89-A6821. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. APPROVED ATTEST: City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29685. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Drug Testing of Pretrial Felons (1-9) .............. $566,422.00 67,670.00 REVENUE Public Safety Drug Testing of Pretrial Felons (10) .............. $566,422.00 67,670.00 (1) Regular Employee Salaries (2) Overtime (3) VSRS Retirement (4) FICA (5) Hosp. Insurance (6) Dental Insurance (7) Life Insurance (8) Other Equipment (9) Admin. Supplies (10) State Grant Revenue (035-024-5015-1002) (035-024-5015-1003) (035-024-5015-1110) (035-024-5015-1120) (035-024-5015-1125) (035-024-5015-1126) (035-024-5015-1130) (035-024-5015-9015) (035-024-5015-2030) (035-035-1234-7069) $ 21,355.00 10,000.00 2,930.00 1,619.00 1,200.00 90.00 216.00 28,030.00 2,230.00 67,670.00 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 July, 1989. No. 29686. 213 A RESOLUTION authorizing acceptance of a Drug Testing of Pretrial Felons 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 Pretrial Felons Grant in the total amount of $68,000 from the Commonwealth of Virginia Department of Criminal Justice Services. 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. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29687. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 Transfers to Grant Fund (1) ....................... Community Development Community Planning (2) ............................ $11,209,476.00 10,000.00 1,244,120.00 296,530.00 GRANT FUND Appropriations Health and Welfare $ Youth Services Grant 89-I-15 (3-14) ............... 293,128.00 48,584.00 Revenue Health and Welfare $ Youth Services Grant 89-I-15 (15-16) .............. 293,128.00 48,584.00 314 (1) Transfer to Grant Fund (2) Local Match (3) Regular Employee Salaries (4) ICMA Retirement (5) FICA (6) Life Insurance (7) Hosp. Insurance (8) Dental Insurance (g) Salary Supplement (10) Training and Dev. (11) Admin. Supplies (12) Telephone (13) Management Srvcs. (14) Special Projects (15) State Grant Rev. (16) Local Match (001-004-9310-9535) (001-052-8110-9536) (035-052-8827-1002) (035-052-8827-1115) (035-052-8827-1120) (035-052-8827-1130) (035-052-8827-1125) (035-052-8827-1126) (035-052-8827-1050) (035-052-8827-2044) (035-052-8827-2030) (035-052-8827-2020) (035-052-8827-7015) (035-052-8827-2034) (035-035-1234-7040) (035-035-1234-7041) BE IT FURTHER ORDAINED that, shall be in effect from its passage. $ 10,000.00 (lO,OOO.OO) 30,726.00 2,829.00 2,597.00 333.00 1,143.00 84.00 go0.o0 1,372.00 1,525.00 1,500.00 900.00 4,675.00 38,584.00 10,000.00 an emergency existing, this Ordinance ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29688. 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, 1990. 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, 1990, in an amount and subject to such terms as are described in the report to Council from the City Manager dated July 24, 1989. 2. The City Manager, W. Robert Herbert, or the Assistant City Mana- ger, 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29690. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 315 APPROPRIATIONS Parks, Recreation, and Cultural Challenge Grant (1) .................................. $ 60,938.00 5,000.00 REVENUE Parks, Recreation, and Cultural Challenge Grant (2) .................................. (1) Subsidies (2) State Grant Revenue BE IT FURTHER ORDAINED that, shall be in effect from its passage. $ 60,938.00 5,000.00 (035-054-8724-3700) $5,000.00 (035-035-1234-7071) 5,000.00 an emergency existing, this Ordinance APPROVED ATTEST: ~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29691. A RESOLUTION accepting a Local Government Challenge Grant from the Virginia Commission of the Arts. BE IT RESOLVED by the Council of the City of Roanoke that the City hereby accepts the Local Government Challenge Grant in the amount of $5,000.00 awarded the City by the Virginia Commission for the Arts for the benefit of the Roanoke Valley Arts Council and the Roanoke Symphony Society, and the City Manager is hereby authorized to execute such grant and any conditions or assurances related thereto. APPROVED ATTEST: ~'~~ City Clerk Mayo 16; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29692. AN ORDINANCE 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 1989-1990; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, a written agreement, more par- ticularly described in the report of the City Manager dated July 24, 1989, and providing for the provision of certain administrative services under the City's Community Development Block Grant for the 1989-1990 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. 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. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29693. AN ORDINANCE authorizing the City Manager or his designee to execute an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for the cooperative administration of the Emergency Home Repair Program, and execute certain contracts between the City of Roanoke, Total Action Against Poverty in the Roanoke Valley, Inc., and individual property owners, for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair 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 or his designee and the City Clerk are hereby authorized to execute and to seal and attest, respectively, an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., providing for the cooperative administration of the Emergency Home Repair Program, as requested in the report of the City Manager dated July 24, 1989. 2. The City Manager or his designee and the City Clerk are hereby authorized to execute and to seal and attest, respectively, certain contracts between the City of Roanoke, Total Action Against Poverty in the Roanoke Valley, Inc., and individual property owners for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair Program, upon cer- tain terms and conditions. 317 3. The form of the aforesaid agreement and contracts shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29694. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay From Revenue $ 275,641.00 Fire Alarm System (1) .............................. 29,541.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) ............... $1,894,425.00 (1) Appropriated from General Revenue (2) Retained Earnings - Restricted (005-050-8627-9003) (005-3336) $ 29,541.00 (29,541.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City C1 erk Mayor 318 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29695. AN ORDINANCE accepting the bid of Honeywell, Inc., for the remodeling of the fire alarm system at the Roanoke Civic Center Auditorium to meet fire code requirements, upon certain terms and conditions, and awarding a contract therefor as a sole source procurement; 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 that: 1. Honeywell, Inc., has been determined to be the only source prac- tically available to remodel the City's fire alarm system in the Civic Center Auditorium and provide it with an Underwriter Laboratories {UL) listing which will enhance public safety and maintain the City's eligibility for fire insurance rate reduction. 2. The bid of Honeywell, Inc., made to the City, in the total amount of $29,541.00 for remodeling the fire alarm system at the Roanoke Civic Center Auditorium to meet fire code requirements, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Honeywell, Inc., based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29696. A RESOLUTION designating the official name of certain City recreational facilities composed of Victory Stadium, the National Guard Armory, Maher Field, Wiley Drive, and South Roanoke Park as the "RIVER'S EDGE SPORTS COMPLEX," and naming the football field within Victory Stadium "McLELLAND FIELD." WHEREAS, the Citizens' Advisory Committee appointed to do a City-wide Parks Study recognized the need to identify, for the convenience of the public and the promotion of the City of Roanoke, certain City recreational facilities used by a large number of local and out-of-town visitors; and WHEREAS, the Citizens' Advisory Committee, by report dated July 25, 1988, submitted its proposal to the City Planning Commission recommending the naming of such complex, said designation having no impact on the current names of the facilities contained within said complex; and WHEREAS, a local citizens' group proposed that the facility be named after local resident Bob McLelland, a longtime youth coach and sports writer; and WHEREAS, Council referred the matter to the City Manager and instructed him to make a recommendation as to the name of the complex; and WHEREAS, professional marketing expertise was obtained and the name "River's Edge Sports Complex" was selected as most appropriate to lend itself to the development of a high quality logo which would impact efforts to enhance the image of the complex and promote the economy of our city; and WHEREAS, it is deemed fitting that the football field within Victory Stadium be designated "McLelland Field" as Bob McLelland has dedicated his time, talent and energy to the youth programs of the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council concurs in the recommendation of the City Manager and hereby designates the recreational facilities composed of Victory Stadium, the National Guard Armory, Maher Field, Wiley Drive, and South Roanoke Park as "RIVER'S EDGE SPORTS COMPLEX" and "McLELLAND FIELD" as the name of the football field within Victory Stadium. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29697. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General, Water, Sewage, Civic Center, and Internal Service Funds Appropria- tions, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain .sections of the 1989-90 General, Water, Sewage, Civic Center, and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nondepartmental $11,229,226.00 Miscellaneous (1) ................................. 229,600.00 Fund Balance Reserved CMERP - City (2) $ 371 846 O0 WATER FUND Appropriations Water - Operating {3) $ I 486 412 O0 Retained Earnings Unrestricted Retained Earnings {4) ................ $14,974,417.00 3'2Qi SEWAGE FUND Appropriations Sewage - Administration (5) ....................... $ 1,520,078.00 Retained Earnings Unrestricted Retained Earnings (6) ................ $13,695,235.00 CIVIC CENTER FUND Appropriations Civic Center - Operating (7) ...................... $ 1,524,867.00 Retained Earnings Unrestricted Retained Earnings (8) ................ $ 1,911,116.00 INTERNAL SERVICE FUND Appropriations Utility Line Services (9) ......................... $ 2,518,473.00 Retained Earnings Unrestricted Retained Earnings (10) ............... $ 1,635,167.00 (1) David Griffith and Associates (2) Reserved CMERP - City (3) Fees for Prof. Services (4) Unrestricted Retained Earnings (5) Fees for Prof. Services (6) Unrestricted Retained Earnings (7) Fees for Prof. Services (8) Unrestricted Retained Earnings (9) Fees for Prof. Services (10) Unrestricted Retained Earnings (001-004-9140-2171) {001-3323) {002-056-2160-2010) (002-3336) (003-056-3150-2010) (003-3336) (005-050-2105-2010) (005-3336) (006-056-2625-2010) (006-3336) $ 29,750.00 (29,750.00) 6,100.00 (6,100.00) 6,100.00 (6,100.00) 9,900.00 (9,900.O0) 6,900.00 (6,900.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 321 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29698. AN ORDINANCE authorizing the execution of a contract with David M. Griffith and Associates, LTD., upon certain terms and conditions, to perform a Comprehensive User Fee Study; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a professional services contract with David M. Griffith and Associates, LTD., for the performance by that firm of a Comprehensive User Fee Study as more particularly set forth in the July 14, 1989, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall not exceed $58,750.00, including out-of-pocket expenses. 3. The form of the contract with such firm shall contain such term and conditions as are deemed appropriate by the City Manager and shall be approved as to form by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29700. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Sewage and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: SEWAGE FUND Appropriations Capital Outlay From Revenue $ 5,444,483.00 Williamson Road Storm Drain Ph. 2, Contract IE (1) .................................... 190,608.00 Retained Earnings Retained Earnings - Unrestricted (2) ................ $13,510,727.00 322 CAPITAL FUND Appropriations Sanitation Williamson Road Storm Drain Ph. 2, Contract IE (3) .................................... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (4) .......... (1) Appr. from General Revenue (2) Retained Earnings - Unrestricted (3) Appr. from Bonds (4) Storm Drains (003-056-8445-9003) (003-3336) (008-052-9634-9001) (008-052-9603-9176) $ 9,383,599.00 1,742,648.00 3,933,388.00 3,574,243.00 190,608.00 ( 190,608.00) 1,742,648.00 (1,742,648.00) 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 July, 1989. No. 29701. AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for construction of Williamson Road Storm Drain and Sanitary Sewer, Phase 2, Contract IE, Lower Segment, upon certain terms and conditions, and awarding a contract therefore; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Aaron J. Conner, General Contractor, Inc., made to the City in the total an~unt of $1,757,504.50 for construction of Williamson Road Storm Drain and Sanitary Sewer, Phase 2, Contract IE, Lower Segment, 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 323 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29702. A RESOLUTION requesting continuation of the operation by the State Police of a helicopter base at Virginia Tech Airport in Blacksburg, Virginia, in order to serve the needs of the New River Valley and other areas in Southwest Virginia. WHEREAS, the Virginia Tech Airport in Blacksburg, Virginia', is the base of operations for a State Police helicopter which serves a large con- centration of population and important installations in Southwest Virginia; WHEREAS, a proposal is being considered to move the base of operations for the helicopter from Blacksburg to Abingdon, Virginia; WHEREAS, the law enforcement, security and emergency medical needs of this area require the continuation of the State Police helicopter base at Virginia Tech Airport in Blacksburg, Virginia; and WHEREAS, the law enforcement, ~curity and emergency medical needs of the large concentration of population in Southwest Virginia would not be well served by moving the base of operations for the helicopter from Blacksburg to Abingdon or any other location distant from Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council requests that the Virginia State Police continue the operation of the State Police helicopter from the base station at Virginia Tech Airport in Blacksburg, Virginia. 2. The City Clerk is hereby directed to mail attested copies of this resolution to the appropriate representatives and officials, including appropriate State and division headquarters of the Virginia State Police, the Associate Vice President for Administration and Operations of Virginia Tech, the Sheriff of Montgomery County, the Board of Supervisors of Montgomery County, the Town Councils of Christiansburg and Blacksburg, the Board of Supervisors of County of Roanoke and to The Honorable Gerald L. Baliles, Governor of the Commonwealth of Virginia. APPROVED City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1989. No. 29703. AN ORDINANCE repealing Ordinance No. 29653, adopted June 26, 1989, relating to inclusion of "prior government service" in the definition of "creditable service" for members of the City of Roanoke Pension Plan; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 29653, adopted June 26, 1989, shall be repealed retroactive to June 26, 1989. 2. Ordinance No. 29653 shall not be submitted to the Inter~ai Reven~e ~ervice for review and approval as authorized by its terms. 324 3. Ordinance No. 29653 shall not be codified or other{se published. 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 retroactive to June 26, 1989. APPROVED ATTEST: City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29689-81489. AN ORDINANCE authorizing the proper City officials to execute a revo- cable license for the installation of two water quality monitoring wells by Conoco, Inc., on City property located at Fire StatiOn No. 13, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate revocable license for the installation of two water quality monitoring wells on Fire Station No. 13 pro- perty located at 4330 Appleton Avenue, N. W., said agreement to include provision for Conoco, Inc., to indemnify the City and to provide security for performance of its obligations in the amount of $500,000.00, as well as appropriate compre- hensive general liability and contractual insurance with Conoco, Inc., to be responsible for all expenses and removal and restoration of the property, and other terms and conditions deemed appropriate, as more particularly set forth in the report to this Council dated July 24, 1989. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29699-81489. AN ORDINANCE amending and reordaining §9-21(b), Public interview of candidates, of the Code of the City of Roanoke (1979), as amended, to provide that the interview of school board candidates take place in an order deemed appropriate by City Council. BE IT ORDAINED by the Council of the City of Roanoke that subsection (b) of §9-21, Public interview of candidates, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: 325 §9-21. Public interview of candidates. (b) At such meeting held for the purpose of conducting public interviews, the council shall publicly interview each remaining can- didate separately and out of the presence and hearing of other can- didates. The interview of candidates shall take place in the order deemed appropriate by city council. Each candidate shall be given the opportunity to make an opening statement of not more than five {5) minutes in length. Thereafter, the council may ask such questions, including written questions filed in the office of the city clerk at least five (5) working days prior to the public interview, as the coun- cil, in its discretion, deems advisable. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29708-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Education $17,067,999.00 1989-90 Elementary Magnet School (1-26) ............. 1,729,330.00 REVENUE Education $17,067,999.00 1989-90 Elementary Magnet School (27) ............... 1,729,330.00 (1) Elem. Teachers (2) Coordinators (3) Soc. Security (4) State Retirement (5) Health Ins. (6) State Group Life Ins. (7) Instr. Travel (8) Other Prof. Salaries (9) Clerical (10) Soc. Security (11) State Retirement (12) Health Ins. (13) State Group Life Ins. (14) Indirect Costs (15) Printing (16) Advertising (17) Admin. Travel (18) Conference Travel (19) Eval. Services (20) Inservice and Curriculum Dev. (035-060-6950-6007-0121) (035-060-6950-6007-0124) (035-060-6950-6007-0201) (035-060-6950-6007-0202) (035-060-6950-6007-0204) (035-060-6950-6007-0205) (035-060-6950-6007-0551) (035-060-6950-6307-0138) (035-060-6950-6307-0151) (035-060-6950-6307-0201) (035-060-6950-6307-0202) (035-060-6950-6307-0204) (035-060-6950-6307-0205) (035-060-6950-6307-0212) (035-060-6950-6307-0351) (035-060-6950-6307-0361) (035-060-6950-6307-0551) (035-060-6950-6307-0554) (035-060-6950-6307-0584) (035-060-6950-6307-0587) 405,353.00 47,388.00 34,002.00 70,264.00 11,655.00 4,573.00 1,000.00 99,958.00 22,500.00 9,197.00 19,005.00 3,780.00 1,237.00 30,575.00 40,790.00 42,854.00 4,000.00 15,000.00 32,300.00 51,000.00 326 (21) Ofc. Supplies (22) Textbooks (23) Instructional Supplies (24) Equipment (25) Contracted Main- tenance (26) Insurance (27) Federal Grant Receipts (035-060-6950-6307-0601) (035-060-6950-6307-0613) (035-060-6950-6307-0614) (035-060-6950-6307-0822) (035-060-6950-6683-0331) (035-060-6950-6683-0538) (035-060-6950-1102) $ 3,500.00 50,466.00 78,033.00 643,400.00 5,500.00 2,000.00 1,729,330.00 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 14th day of August, 1989. No. 29710-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Public Safety Hazardous Materials Response Team (1) ............. $ 518,582.00 105,365.00 REVENUE Public Safety Hazardous Materials Response Team (2) ............. $ 518,582.00 105,365.00 (1) Other Equipment (035-050-3220-9015) $ 19,830.00 (2) State Revenue (035-035-1234-7067) 19,830.00 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, VI.RGINIA, The 14th day of August, 1989. No. 29711-81489. 327 A RESOLUTION authorizing the acceptance of a Hazardous Materials Regional Response Team Grant made to the City of Roanoke by the Virginia Department of Emergency 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 Hazardous Materials Regional Response Team Grant in the total amount of $19,830 from the Virginia Department of Emergency Services for the purchase of specialized equipment. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the aforegoing grant or with such project. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29712-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Water Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay From Revenue Expansion of Carvins Cove Filter Plant (1) $ 1,135,786.00 195,000.00 RETAINED EARNINGS Retained Earnings - (1) Appropriations From General Revenue (2) Retained Earnings - Unrestricted Unrestricted (2) ............ $15,493,705.00 (002-056-2178-9036) (002-3336) $ 195,000.00 (195,000.00) 328 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 14th day of August, 1989. No. 29713-81489. AN ORDINANCE authorizing the execution of a contract with Mattern & Craig, Consulting Engineers, to provide engineering services for the expansion of the Carvins Cove Filter Plant and related work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Mattern & Craig, Consulting Engineers, for the provision by such firm of engineering services for the expansion of the Carvins Cove Filter Plant and related work, as more particularly set forth in the August 14, 1989, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall not exceed the sum of $175,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29714-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Other Infrastructure Roanoke River Flood Reduction {1) ................... Surveying Roanoke River Flood Reduction {2) ......... (1) Appropriations from General Revenue (2) Appropriations from General Revenue (008-056-9617-9003) (008-056-9618-9003) $ 611,872.00 120,314.00 229,686.00 $(79,686.00) 79,686.00 329 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 14th day of August, 1989. No. 29715-81489. AN ORDINANCE authorizing the execution of Change Order No. I and Change Order No. 2 to the contract with T. P. Parker and Son to provide surveying ser- vices in connection with the Roanoke River Flood Reduction Project; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Change Order No. 1 and Change Order No. 2 to the contract with T. P. Parker and Son for the provision by such firm of surveying services in con- nection with the Roanoke River Flood Reduction Project, as more particularly set forth in the August 14, 1989, report of the City Manager to this Council. 2. Change Order No. 1 authorized by this ordinance for additional work related to correcting the project base line and forty three (43) additional parcels, shall be in the amount of $8,493.41, and Change Order No. 2 authorized by this ordinance for plat work and utility relocation shall be in an amount not to exceed $79,686.00. 3. The form of the Change Orders with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29716-81489. A RESOLUTION authorizin9 the execution of a non-secure residential care contract with the City of Salem and the County of Roanoke. 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 authorized to exe- cute and to seal and attest, respectively, a non-secure residential care contract with the City of Salem and the County of Roanoke for the provision of residential care and services to boys and girls from the three jurisdictions, the boys to be the responsibility of the City, and the girls to be the respon- sibility of the County, all as described and set forth in the report of the City Manager dated August 14, 1989; the form of such contract to be approved by the City Attorney. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29717-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Parks, Recreation, and Cultural $65,603.00 Literacy Grant (1-5) ........... J ....................... 9,665.00 REVENUE Parks, Recreation, and Cultural $65,603.00 Literacy Grant (6) .................................... 9,665.00 (1) Publications (035-054-5003-2040) $ 2,000.00 (2) Fees for Prof. Services (035-054-5003-2010) 6,265.00 (3) Equipment (035-054-5003-9005) 750.00 (4) Supplies (035-054-5003-2030) 400.00 (5) Exp. Equipment (035-054-5003-2035) 250.00 (6) State Revenue (035-035-1234-7072) 9,665.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29718-81489. 331 A RESOLUTION accepting the Federal Grant-In-Aid for Literacy Project for the Roanoke City Public Library. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Federal Grant-In-Aid made to the City for a Literacy Project award to the Roanoke City Public Library in the amount of $9,665.00, to be used to establish a Roanoke City employee literacy program during FY 1989-90, is hereby ACCEPTED. 2. That W. Robert Herbert, City Manager, or Earl B. Reynolds, Jr., Assistant City Manager, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant-in-aid and to fur- nish such additional information as may be required in connection with the City's acceptance of the foregoing grant-in-aid. ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29719-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Parks, Recreation, and Cultural $ 94,943.00 LSCA Title I - MURL (1) .............................. 39,005.00 REVENUE Parks, Recreation, and Cultural LSCA Title I - MURL (2) .............................. $ 94,943.00 39,005.00 (1) Publications (035-054-5005-2040) $ 39,005.00 (2) State Revenue (035-035-1234-7074) 39,005.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 332 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29720-81489. A RESOLUTION accepting a Major Urban Resource Library Grant for the City Public Library. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant to the City of a Major Urban Resource Library Grant in the amount of $39,005.00, to be used for the expansion of the library book collection during FY 1989-90, is hereby ACCEPTED. 2. That W. Robert Herbert, City Manager, or Earl B. Reynolds, Jr., Assistant City Manager, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's accep- tance of the foregoing grant. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29721-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Parks, Recreation, and Cultural LSCA Title I - Blind Grant (1-4) ....................... $63,822.00 7,884.00 REVENUE Parks, Recreation, and Cultural LSCA Title I - Blind Grant (5) ........................ (1) Equipment (2) Training and Development (3) Publications & Subscriptions (4) Supplies (5) State Revenue (035-054-5004-9005) (035-054-5004-2044) (035-054-5004-2040) (035-054-5004-2030) (035-035-1234-7073) $63,822.00 7,884.00 $ 850.00 1,500.00 3,584.00 1,950.00 7,884.00 333 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 14th day of August, 1989. No. 29722-81489. A RESOLUTION accepting a Library Services and Construction Act (LSCA) Title I Grant for the Roanoke City Public Library. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant to the City of a Library Services and Construction Act (LSCA) Title I Grant in the amount of $7,884.00, to be used for expanded library service for the visually impaired and physically handicapped during FY-1989-90, is hereby ACCEPTED. 2. That W. Robert Herbert, City Manager, or Earl B. Reynolds, Jr., Assistant City Manager, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's accep- tance of the foregoing grant. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29723-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Judicial Administration Clerk of Circuit Court (1) ......................... $ 3,047,757.00 18,498.00 334 Fund Balance Capital Maintenance and Equipment Replacement Program - City (2) ..................................... $ 5,791,764.00 (1) Furniture and Equipment (001-028-2111-9005) $ 17,779.00 (2) CMERP - City (001-3332) (17,779.00) 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 14th day of August, 1989. No. 29724-81489. AN ORDINANCE accepting the bid of Eastman Kodak Company made to the City for furnishing and delivering one (1) new Microfilm Retrieval Terminal (IMT-350) rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Eastman Kodak Company made to the City, offering to supply one (1) new Microfilm Retrieval Terminal (IMT-350), meeting all of the City's specifications and requirements therefor, for the total bid price of $17,779.00, which bid is on file in the Office of the City Clerk be and 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 equip- 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. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29725-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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. 335 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Nondepartmental Residual Fringe Benefits (1) ...................... $ 11,289.476.00 1,167,000.00 FUND BALANCE Reserve for Pension Contributions (2) ............. -0- (1) City Retirement (2) Reserve for Pension Contributions (001-004-9110-1105) (001-3341) $ 250,000.00 (250,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29726-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Utility Line Services Capital Outlay (1) ................................ RETAINED EARNINGS $ 2,629,771.00 307,360.00 Retained Earnings - Unrestricted (2) .............. $ 1,677,827.00 (1) Construction of Structures (2) Retained Earnings- Unrestricted (006-056-2625-9060) (006-3336) $ 73,000.00 (73,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Ma~or~~ 336 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29727-81489. AN ORDINANCE accepting the bid of S. J. Conner and Sons, Inc., for construction of a new fueling station at the City's Utility Lines site on Hollins Road, N. 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 providing for and emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of S. J. Conner and Sons, Inc., made to the City in the total amount of $69,635.00 for construction of a new fueling station at the City's Utility Lines site on Hollins Road, N. E., such bid being in full compliance with the City's plans and specifications made therefor and as pro- vided 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. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29728-81489. A RESOLUTION rejecting the bid received for the lease of retail space in the Market Square Garage for the period commencing September 1, 1992, and ending September 1, 1997. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid received and opened before City Council on June 12, 1989, for the lease of retail space in the Market Square Garage for the period com- mencing September 1, 1992, and ending September 1 1997, be and is hereby REJECTED. ' 2. The City Clerk is directed to notify said bidder and to express the City's appreciation for such bid. ATTEST: APPROVED City Clerk Mayor 337 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29729-81489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay Roanoke Diesel Engine No. 7 (1) $ 6,260,199.00 ................... 890,000.00 RETAINED EARNINGS (1) (2) Retained Earnings - Unrestricted (2) .............. $12,800,970.00 Appropriations from General Revenue (003-056-8448-9003) $ 890,000.00 Retained Earnings - Unrestricted (003-3336) (890,000.00) BE IT FURTHER ORDAINED that, shall be in effect from its passage. an emergency existing, this Ordinance ATTEST: ,~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of August, 1989. No. 29730-81489. AN ORDINANCE accepting the bid of Branch & Associates, Inc., for the replacement of Blower Engine No.7 with a diesel fueled blower drive unit at the Water Pollution Control Plant, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Branch & Associates, Inc., in the total amount of $828,800.00, for the replacement of Blower Engine No. 7 with a diesel fueled blower drive unit at the Water Pollution Control Plant, such bid being in full compliance with the City's plan 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 Manage 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. 338 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29704-82889. 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, Rebecca S. Wilkerson, has filed an application to the Council of the City of Roanoke, Virginia, in accordance with the provisions of §15.1-482(b), Code of Virginia (1950), as amended, 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 §15.1-482{b), Code of Virginia {1950), 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 14, 1989, at 7:30 p.m., after due and timely notice thereof as required by §15.1-482{b), Code of Virginia {1950), 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 that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Two alleys, one extending from Jerome Street, S. E., west to Bennington Street, S. E., for a distance of 420 feet; and the second alley running south from the first alley for a distance of 375 feet, as shown on Sheet No. 434 of the City's Tax Appraisal Maps. 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, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities 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, structures or any other encroachments 339 on or over the easement which impede access for maintenance or replacement pur- poses at the time such work is undertaken; such easement or easements to ter- minate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or uti- lity 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 names of Rebecca S. Wilkerson and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk APPROVED Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29705-82889. AN ORDINANCE permanently, vacating, discontinuing and closing certain public right-Of-way' Sn the City of Roanoke, Virginia, as is more particularly describe~efmafter. ~ WHEREAS, Roanoke City School Board 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 in a report to Council dated August 14, 1989. WHEREAS, a public hearing was held on said application by the City Council on August 14, 1989, 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 described hereinafter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A portion of the alley between 4th Street, S. W., to the rear of Highland Park School. 340 be and it hereby is, permanently vacated, discontinued and closed, in accordance with and as described in Option No. 2 and subject to the conditions recommended by the City Planning Commission in its report dated August 14, 1989, 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 alley, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utili- ties 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 utility 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 which has been hereby closed on all _ma~s and plats on file in his office on which said right-of-way is shown,! referr~co the'book and page or ordinances and resolutions of the Counci,t ~f ~mme, C,ii~y of,Roanoke, Virginia, wherein this ordinance shall be BE '~IT~'FURTHER ORDAINED that if the conditions of this closure are not met within one year of the effective date of this ordinance, this ordinance shall be null and void without further action taken by City Council. 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 City School Board, 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 28th day of August, 1989. No. 29706-82889. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 216, 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-2, Multifamily, 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 appli- cation at its meeting on August 14, 1989, 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 341 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3 Code of the City of Roanoke (1979), as amended, and Sheet No. 216 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 in the 2900 block of Epperl~ Ayenue, N. W., being Lots 19, 20, and 21 of Epperly Court, consisting of .81 ~c~e, ~designated on Sheet No. 216 of the Sectional 1976 Zone Map, City of Roanoke~;~ Official Tax Nos. 2160612, 2160613 and 2160614 be, and is hereby rezoned ffbm RS-3, Residential Single Family District, to RM-2, Multifamily, Medium Density District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on May 8, 1989, and that Sheet No. 216 of the Zone Map be changed in this respect. ATTEST: ~ City C1 erk APPROVED Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29707-82889. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 252, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said appli- cation at its meeting on August 14, 1989, 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. 252 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 342 Property described as a tract of land lying at the northwesterly inter- section of Shenandoah Avenue, N. W., and 30th Street, N. W., designated on Sheet No. 252 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2520114 be, and is hereby rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on April 7, 1989, the Amended Proffer filed with the City Clerk on May 11, 1989, and the Second Amended Proffer filed with the City Clerk on July 7, 1989, and that Sheet No. 252 of the Zone Map be changed in this respect. City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE granting to the Vietnam Veterans of America, Chapter #81, 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 Vietnam Veterans of America, Chapter #81, (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 City Manager's report to City Council dated August 14, 1989; 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 per- mittee's request being more particularly described in the report of the City Manager, dated August 14, 1989, 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 three hours of overtime wages for one City employee on or about official City holidays as iden- tified in Section 2-37 of the Code of the City of Roanoke (1979), as amended, and the direct cost of the operation of a 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. 343 6. The permit granted by this Ordinance shall expire, by its own terms, without notice, at midnight on August 14, 1990. 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. APPROVED ATTEST: City Clerk Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29731-82889. "'~d~N'.ORDINANC{,authprizing the purchase of an ADX Abused Drug Analyzer, upon certaih terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute a Customer Incentive Agreement with Abbott Laboratories; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The proposal of Abbott Laboratories made to the City to provide an Abbott ADX Abused Drug Analyzer for $20,000 and to enter into a Customer Incentive Agreement to provide certain training and maintenance service on the analyzer, along with related tests, equipment, and disposals, all as more par- ticularly set forth in the City Manager's report to Council dated August 28, 1989, for the cost of $10,500, 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. 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 V i ce-Mayor 344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29732-82889. AN ORDINANCE authorizing a public hearing with respect to the Roanoke River Flood Reduction Project; and providing for an emergency. BE SIT, ORDAINED by the Council of the City of Roanoke that: ,~t /,~,. t- __A~..~~r~bgular meeting of Council to be held at 7:30 p.m. on Sel~t ~ 1, ~ublic hearing shall be held in Council Chambers with respect 'co the Roanoke River Flood Reduction Project and the City Attorney is directed to cause appropriate public notice to be given with respect to such hearing. 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29734-82889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Other Infrastructure Roanoke River Flood Reduction Project - Land Acquisition (1) ................................... Cartel Improvement Reserve ~(~ t ,) :.~~ Capital Improvement Reserve (2) .................... .. u (008-056-9619-9003) $ 2) Future Flood Reduction (008-052-9575-9186) $ 811,872.00 200,000.00 4,579,897.00 617,024.00 200,000.00 ( 200,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~/~~.~ City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29735-82889. 345 AN ORDINANCE authorizing appropriate individual service contracts for certain services in connection with real estate acquisition for the Roanoke River Flood Reduction Project, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, appropriate individual service contracts as necessary for appraisals and title examination and verification for property interests necessary for the Roanoke River Flood Reduction Project, as more particularly set forth in the report to this Council dated August 28, 1989. 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 28th day of August, 1989. No. 29736-82889. AN OR~,I~ANCE to amend and reordain certain sections of the 1989-90 General Fund Appropriations, and providing for an emergency. :. ~)~m~[AS; for'-~h~ usual daily operation of the Municipal Government of the City of ROanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 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 Works Engineering (2) ................................... $ 10,976,298.00 615,529.00 18,899,747.00 1,211,035.00 1) Contingency (001-002-9410-2199) $(123,000.00) 2) Fees for Prof. Services (001-052-4310~2010) 123,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~t...~..,~-.c.~ City Clerk 346 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29737-82889. AN ORDINANCE 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; re- jecting certain other proposals, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and 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 28, 1989, report of the City Manager to this Council, for an amount not to exceed $58,800.00. 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 of by such firm of bridge inspection services, as more particularly set forth in the August 28 1989 report of the City Mana:er ~t~is Cou~ci ' ' ~ I ~ )( .~,!.)> l, for an amount not to exceed $65,000.00. ~ .~4~%~kTh~'~~ ~e contract with each firm shall be approved as to form by th~y 4. The City Clerk is directed to notify the other firms which sub- mitted proposals to the City of the award of these contracts, and to express the City's appreciation for their proposals. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: /---.. City Clerk Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29738-82889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS , P~bli~c ~$afet~ ,.. ~ ~,"~O~)za.r.d~ri~l si~'- '- ,. ,.~ Emergency Response Vehicle (1) $646,422.00 80,000.00 34 7 REVENUE Public Safety $646,422.00 Hazardous Materials Emergency Response Vehicle (2) .... 80,000.00 1) Veh. Equipment (035-050-3221-9010) $ 80,000.00 2) State Revenue (035-035-1234-7075) 80,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk V i ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29739-82889. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for the purchase of a new hazardous materials vehicle and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. BE IT RESOLVED by %he Council of the City of Roanoke that: ~ !1..~_ The Ci~.gd' Rq~noke hereby accepts the grant in the total amount of $80,O~lg~f~m the~V~r~a ~epartment of Emergency Services for the purchase a new Hazardous Materials Vehicle. 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 V i ce-Mayor 348 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29740-82889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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. , THERE~O~E,fBE IT ~,~RDAINED by the Council of the City of Roanoke that certai~ sectilo~o~ &he 1989-90 Grant Fund Appropriations, be, and the same are hereby~a~e~ejI and!reor~)~ne~), to read as follows, in part: - APPtO1)~IATIt)NS Public Works $33,975.00 Litter Control 1989-90 (1) ............................ 8,101.00 REVENUE Public Works $33,975.00 Litter Control 1989-90 (2) ............................ 8,101.00 1) Fees for Prof. Services (035-052-5117-2010) $ 8,101.00 2) State Grant Revenue (035-035-1234-7037) 8,101.00 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 28th day of August, 1989. No. 29741-82889. IAN~Q~IN~CE ap, proving the C~ty Manager s ~ssuance of Change No. i ~L~e~i~y'~.~ra~ with Gardner-Smith, Inc., for installation elevator a~e'Ci~ft~t'tm~; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: Order of an 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 Gardner-Smith, Inc., dated March 27, 1989, related to installation of an elevator at the Civic Center 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT $ 160,600.00 DESCRIPTION OF CHANGE ORDER: Analyze sample of insulation and properly remove asbestos 5,813.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. i $ 166,413.00 Additional time resulting from Change Order No. i None. 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: -~0.~ City Clerk APPROVED Vice-Mayor 349 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29742-82889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Sewage and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: SEWAGE FUND Appropriations Capital Outlay From Revenue Williamson Road Storm Drain Ph. 2, Contract IF (1) .................................... $ 5,603,131.00 42,324.00 Retained Earnings n~d Ea ings - Unrestricted (2) ............... $13,648,646.00 CAPITAL FUND Appropriations Sanitation Williamson Road Storm Drain Ph. 2, Contract IF (3). Capital Improvement Reserve Public Improvement Bonds - Series 1988 (4). ........ $10,190,317.00 811,573.00 3,968,324.00 2,147,829.00 1) Appr. from General Revenue (003-056-8446-9003) $ 42,324.00 2) Retained Earnings - Unrestricted (003-3336) (42,324.00) 3) Appr. from Bonds (008-052-9635-9001) 811,573.00 4) Storm Drains (008-052-9603-9176) (811,573.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City C1 erk Vi ce-Mayor 350 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29743-82889. Con.er, Co. c or, Int.; for ~)m~l~truCt~l~ ~ ~illiamson Road Storm Drain Phase 2, Contract IF, Right Segment, upon 'certain terms and conditions, and awarding a contract there- fore; 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 pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Aaron J. Conner, General Contractor, Inc., made to the City in the total amount of $776,269.35 for construction of Williamson Road Storm Drain, Phase 2, Contract IF, Right Segment, such bid being in full compliance with the City's plans and specifications made therefor and as pro- vided 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29744-82889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, a~e~lde/l and reordained, to read as follows, in part: · ! : ~ ~ ·. No~depar tmen tal $11,049,298. O0 Contingency - General Fund (1) .................... 688,529.00 Public Works 18,826,747.00 Building Maintenance (2) .......................... 3,156,373.00 1) Maintenance Fixed Asset Contingency (001-002-9410-2201) $(50,000.00) 2) Maintenance Third Party Contract (001-052-4330-3056) 50,000.00 351 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: p~ City C1 erk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29745-82889. AN ORDINANCE accepting the bid of Valley Roofing Corporation for construction of roof replacement on the Third Street Annex and Bid Alternate No. i (replacement of roof on the former Knights of Pythias Building), upon cer- tain terms and conditions, .and awarding a contract therefor; authorizing the proper, Cj~%y ~ffi.cial~to execute the requisite contract for such work; rejecting all other b>ids made to the ~ity 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 Valley Roofing Corporation made to the City in the total amount of $45,240.00 for construction of roof replacement on the Third Street Annex and Bid Alternate No. I (replacement of roof on the former Knights of Pythias Building), 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 352 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. ~ ! No. 29746-82889. ~ ~ ~ ~soLUT~o~_ ,~Ot~mrizing the Roanoke Regional Cable Television Com~i~t~m~o~duc~m~~ore appropriate hearings on behalf of the City with regard to tE~ propOsed renewal of the cable television franchise held by Cox Cable Roanoke, Inc. BE IT RESOLVED by the Council of the City of Roanoke that the Roanoke Regional Cable Television Committee is hereby authorized to conduct on behalf of this jurisdiction an appropriate public hearing or hearings with reasonable public notice in a place and manner deemed suitable for the purpose of soli- citing public comment and information on the proposed renewal of the existing cable television franchise held by Cox Cable Roanoke, Inc., and the City Manager and City Clerk are authorized to execute and attest, respectively, written docu- mentation necessary to implement such authorization. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29733-91189. AN ORDINANCE providing for the acquisition of certain real estate and real estate interests needed by the City for the construction of the Roanoke River Flood Reduction Project; authorizing the City Manager to establish the consideration to be offered by the City for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain cir- cumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; authorizing the inclusion of required City real estate in such project; and authorizing access to project real estate by the United States Army Corps of Engineers for construction related purposes. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction, implementation, and maintenance of the Roanoke River Flood Reduction Project, a needed public improvement including channel wi~eni~g, construction of protective dikes or berms, flood proofing of c~rta~n ~uildi~gs, replacement of certain bridges, construction of a trail, and ftoo~tw(U~mm~ g s~stem,~sellving public purposes for the protection and preser- · v~~.~ -_t~.~~pr~perty and welfare of the citizens of Roanoke in this City, the City'wants an~needs two hundred and thirty-seven (237) real estate interests, including fee simple interests and perpetual easements, together with temporary construction easements and rights of ingress and egress, as more par- ticularly described and listed in an attachment to the report of the City Manager on this subject, dated August 28, 1989, and shown on project General Design Memorandum Maps, on file in the Office of the City Clerk, and incor- porated by reference herein. The proper City officials are authorized to take appropriate action necessary to acquire for the City from the respective owners the necessary property interests with appropriate ancillary rights with respect to the 237 parcels, for such consideration as the City Manager may deem appropriate, subject to applicable regulatory and statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels or interests such consideration as he deems appropriate for the necessary interests with appropriate ancillary rights, subject to applicable statutory and regulatory guidelines. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 353 3. Should the City be unable to agree with the owner of any real estate or interest which is required or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner or should the ownership of a parcel be unknown, the City Attorney is authorized and directed to institute and conduct appropriate legal pro- ceedings to obtain appropriate title to such property, including, without limi- tation, condemnation or legal proceedings to acquire for the City the appropriate real estate or interest. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owners. 5. Upon acquisition of the above-described real estate interests, the City Manager and City Clerk are authorized to execute and attest, respectively, appropriate documentation, in form approved by the City Attorney, evidencing the City's consent to access for project related activities on such property by the United States Army Corps of Engineers or project construction engineers, or sur- veyors. 6. The City Manager and City Clerk are authorized to execute, seal and attest, respectively, in form approved by the City Attorney, appropriate documentation evidencing the City's consent to inclusion of City-owned property and interests in the project as identified in the report of the City Manager dated A~tk~t,28, 198~nd the project General Design Memorandum Maps referenced above, 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City C1 erk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29747-91189. AN ORDINANCE granting revocable licenses for the construction of cer- tain building appendages encroaching over and into the right-of-way of the public sidewalk located at 617 South Jefferson Street, 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 occupan~, V.irginia RestaurAnt Group, Inc., their grantees, assignees, or suc- cessors tn ~interest, 'of-the property located at 617 South Jefferson Street, within the City of Roanoke, to construct and maintain two canopies encroaching approximately 11' and 2' 6", respectively, over and into the public right-of-way of the public sidewalk, as more fully described in a report of the Water Resources Committee dated September 11, 1989, 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. 354 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 $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 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, '~~ ~.~..~ .~./~ ~Tl~,,11th ~'ay of September, 1989. ~,,m~ ' ~(W,~f No. 29748-91189. AN ORDINANCE authorizing the leasing of a portion of certain property to be acquired by the City and bearing Official Tax Nos. 4010112 and 4010113, to the Lamar Corporation, 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, the appropriate lease agreement, in form approved by the City Attorney, providing for the continued use by the Lamar Corporation of an outdoor advertising sign on a month-to-month basis, following the transfer of title to the property bearing Official Tax Nos. 4010112 and 4010113 to the City, said lease to include provision for a thirty (30) day written notice of ter- mination by City and permitting lessee thirty (30) days from the date of such notification to remove the sign structure from City property, and such other terms and conditions as are deemed appropriate. APPROVED ATTEST: /--,,... City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29749-91189. 355 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nondepartmental $11,597,798.00 Transfers to Other Funds (1) ....................... 9,489,169.00 Fund Balance Capital Maintenance & Equipment Replacement Program - City {2) ................................ $ 5,337,014.00 CAPITAL FUND Appropriations General Government $ 6,018,228.00 ~ Purchase of A & P Building {3) .................... 425,000.00 f 1) · TranSfers te .Capital {001-004-9310-9508) $ 425,000.00 '~}-'~ CMERP~C~ty · (001-3323) (425,000.00) 3) Appr. from Gen. Revenue (008-002-9637-9003) 425,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vi ce-Mayor 356 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29750-91189. AN ORDINANCE amending Ordinance No. 29565; providing for the acquisi- tion of real estate needed by the City for the construction of a public parking facility, public plaza, and other improvements; authorizing the City Manager to execute a contract for the purchase of certain real estate; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of a public parking facility and other impro- vements in this City, the City wants and needs the parcel referred to in the official tax records as Official Tax No. 4010116; therefore, the City Manager and the City Clerk are authorized to execute and attest, respectively, for and on behalf of the City, a contract and all other appropriate documentation for the purchase of said parcel for consideration of $425,000.00 or through tax free exchange of real property at no additional cost to the City, upon such terms as are contained in said contract. Said contract shall be in form approved by the City Attorney and shall be approved as to execution by the City Attorney. 2. To the extent of any inconsistency, Ordinance No. 29565, adopted May 15, 1989, is hereby amended. 3. The City Clerk is directed to mail a copy of this ordinance to Relish Realty, a Virginia partnership. 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: ~~ r--- City C1 erk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lltb ~[ay of September, 1989. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 Instruction (1-2) ................................. Other Uses of Funds (3) ........................... 357 $61,199,805.00 44,685,689.00 759,405.00 CAPITAL PROJECTS FUND Appropriations Education Oakland Elementary Schools Renovation (4) ......... Revenue Due from State - Literary Loan (5) ................ $ 7,884,684.00 1,000,000.00 $ 1,000,000.00 GRANT FUND Appropriations Education Chapter I Winter (28-46) ........................... Chapter I Carryover 124-89-3 (47-69) ............... Chapter I Winter 124-90-1 (70-106) ................. Alternative Education 1989-90 (107-128) ............ Vocational Education Teen Mothers 89-90 (129-136).. Special Education Equipment 89-90 (137) ............ Special Education Interpreter Training 89-90 (138). Special Education Tuition 89-90 (139) .............. Impact Aid 89-90 (140-148) ......................... Grants Management 89-90 (149-156) .................. Project YES 89-90 (157-167) ........................ Drug Free Schools 89-90 (168-174) .................. Revenue Education Chapter I Winter (175) ............................. Chapter I Carryover 124-89-3 (176) ................. Chapter I Winter 124-90-1 (177) .................... Alternative Education 1989-90 (178-179) ............ Vocational Education Teen Mothers 89-90 (180) ...... Special Education Equipment 89-90 (181) ............ Special Education Interpreter Training 89-90 (182). Special Education Tuition 89-90 (183) .............. Impact Aid 89-90 (184) ............................. Grants Management 89-90 (185) ...................... Project YES 89-90 (186) ............................ Drug Free Schools 89-90 (187) ...................... $20,141,918.00 1,474,979.00 234,659.00 2,151,750.00 259,490.00 35,000.00 2,760.00 1,287.00 200,000.00 53,169.00 30,575.00 212,882.00 52,347.00 $20,141,918.00 1,474,979.00 234,659.00 2,151,750.00 259,490.00 35,000.00 2,760.00 1,287.00 200,000.00 53,169.00 30,575.00 212,882.00 52,347.00 358 1) Matching Funds 2) Health Ins. 3) Transfer to Grant Fund 4) Approp. from Lit. Loans 5) Due from State - Lit. Loan 6) Comp. of Teachers 7) Comp. of Supervisors 8) Comp. of Teacher Aides 9) Soc. Security 10) Retirement - VSRS 11) Health Ins. 12) Group Life Insurance 13) Alt. Fringes 14) Sub. & Lodging 15) Comp. of Teachers 16) Soc. Security 17) Retirement - VSRS 18) Health Ins. 19) Group Life Insurance 20) Alt. Fringes 21) Comp. of Directors 22) Comp. of Clerical 23) Soc. Security 24) Retirement - VSRS 25) Health Ins. 26) Group Life Insurance 27) Indirect Costs 28) Alt. Fringes 29) Maint. Service Contracts 30) Sub. & Lodging 31) Field Trips 32) Testing 33) Parent Involvement 34) Inservice Workshops 35) Ofc. Supplies 36) Ed. & Rec. Supplies 37) Additional Machinery 38) Educ. Supplies 39) Comp. for Nurses 40) Soc. Security 41) VSRS 42) Health Ins. 43) Group Life Insurance (001-060-6001-6400-0588) (001-060-6001-6200-0204) (001-060-6005-6999-0911) (008-060-6067-6896-9006) (008-1161) (035-060-6124-6000-0121) (035-060-6124-6000-0124) (035-060,6124-6000-0141) (035-060-6124-6000-0201) (035-060-6124-6000-0202) (035-060-6124-6000-0204) (035-060-6124-6000-0205) (035-060-6124-6000-0214) (035-060-6124-6000-0553) (035-060-6124-6100-0121) (035-060-6124-6100-0201) (035-060-6124-6100-0202) (035-060-6124-6100-0204) (035-060-6124-6100-0205) (035-060-6124-6100-0214) (035-060-6124-6200-0114) (035-060-6124-6200-0151) (035-060-6124-6200-0201) (035-060-6124-6200-0202) (035-060-6124-6200-0204) (035-060-6124-6200-0205) (035-060-6124-6200-0212) (035-060-6124-6200-0214) (035-060-6124-6200-0332) (035-060-6124-6200-0553) (035-060-6124-6200-0583) (035-060-6124-6200-0584) (035-060-6124-6200-0585) (035-060-6124-6200-0587) (035-060-6124-6200-0601) (035-060-6124-6200-0614) (035-060-6124-6200-0821) (035-060-6124-6549-0614) (035-060-6124-6672-0131) (035-060-6124-6672-0201) (035-060-6124-6672-0202) (035-060-6124-6672-0204) (035-060-6124-6672-0205) $( 134,118.00) ( 50,380.00) 184,498.00 1,000,000.00 1,000,000.00 127,325.00 ( 44,320.00) ( 71,669.00) ( 18,225.00) ( 36,127.00) ( 8,179.00) ( 3,519.00) 9,960.00 ( 6,724.00) ( 36,342.00) ( 2,847.00) ( 5,028.00) 140.00 ( 502.00) 480.00 ( 17,656.00) ( 11,667.00) ( 1,561.00) ( 4,025.00) ( 987.00) ( 332.00) ( 15,311.00) 720.00 1,536.00 583.00 ( 16,015.00) ( 345.00) ( 1,455.00) 2,275.00 ( 31.00) 9,279.00 ( 1,108.00) 8,313.00 ( 12,448.00) ( 935.00) ( 1,698.00) ( 476.00) ( i77.00) 359 44) Alt. Fringes 45) Sub. & Lodging 46) Med. Supplies 47) Elem. Teachers 48) Coordinators 49) Teacher Aides 50) Soc. Security 51) Retirement 52) Health Ins. 53) State Group Life Ins. 54) Sec. Teachers 55) Soc. Security 56) Retirement 57) Health Ins. 58) State Group Life Ins. 59) Administrator 60) Clerical 61) Parent Involve- ment Teacher 62) Coordinator 63) Soc. Security 64) Retirement 65) Health Ins. 66) State Group Life Ins. 67) Indirect Costs 68) Nurses 69) Soc. Security 70) Elem. Teachers 71) Coordinators 72) Teacher Aides 73) Soc. Security 74) Retirement 75) Health Ins. 76) State Group Life Ins. 77) Instr. Travel 78) Sec. Teachers 79) Soc. Security 80) Retirement 81) Health Ins. 82) State Group Life Ins. 83) Administrator 84) Clerical 85) Parent Involve- ment Teacher 86) Coordinator 87) Soc. Security 88) Retirement 89) Health Ins. 90) State Group Life Ins. 91) Indirect Costs 92) Service Contracts 93) Dissemination 94) Admin. Travel 95) Field Trips 96) Testing, Eval. 97) Parent Involve- ment 98) Inservice Training 99) Ofc. Supplies 100) Food 101) Instructional Supplies 102) Equipment (035-060-6124-6672-0214) (035-060-6124-6672-0553) (035-060-6124-6672-0605) (035-060-6126-6000-0121) (035-060-6126-6000-0124) (035-060-6126-6000-0141) (035-060-6126-6000-0201) (035-060-6126-6000-0202) (035-060-6126-6000-0204) (035-060-6126-6000-0205) (035-060-6126-6100-0121) (035-060-6126-6100-0201) (035-060-6126-6100-0202) (035-060-6126-6100-0204) (035-060-6126-6100-0205) (035-060-6126-6200-0114) (035-060-6126-6200-0151) (035-060-6126-6200-0121) (035-060-6126-6200-0123) (035-060-6126-6200-0201) (035-060-6126-6200-0202) (035-060-6126-6200-0204) (035-060-6126-6200-0205) {035-060-6126-6200-0212) (035-060-6126-6672-0131) (035-060-6126-6672-0201) (035-060-6127-6000-0121) (035-060-6127-6000-0124) (035-060-6127-6000-0141) (035-060-6127-6000-0201) (035-060-6127-6000-0202) (035-060-6127-6000-0204) (035-060-6127-6000-0205) (035-060-6127-6000-0553) (035-060-6127-6100-0121) (035-060-6127-6100-0201) (035-060-6127-6100-0202) (035-060-6127-6100-0204) (035-060-6127-6100-0205) {035-060-6127-6200-0114) (035-060-6127-6200-0151) (035-060-6127-6200-0121) (035-060-6127-6200-0123) (035-060-6127-6200-0201) {035-060-6127-6200-0202) (035-060-6127-6200-0204) (035-060-6127-6200-0205) (035-060-6127-6200-0212) (035-060-6127-6200-0332) (035-060-6127-6200-0351) (035-060-6127-6200-0553) (035-060-6127-6200-0583) (035-060-6127-6200-0584) (035-060-6127-6200-0585) (035-060-6127-6200-0587) (035-060-6127-6200-0601) (035-060-6127-6200-0602) (035-060-6127-6200-0614) (035-060-6127-6200-0821) $ ( ( 480.00 622.00) 760.00) 91,763.00 6,063.00 44,743.00 10,807.00 22,227.00 7,200.00 1,454.00 16,092.00 1,220.00 2,509.00 587.00 164.00 5,448.00 2,735.00 3,814.00 2,295.00 1,083.00 2,228.00 528.00 146.00 4,630.00 6,435.00 488.00 766,333.00 50,635.00 373,662.00 90,250.00 185,620.00 60,125.00 12,145.00 19,685.00 134,388.00 10,187.00 20,951.00 4,900.00 1,370.00 45,494.00 22,838.00 31,848.00 19,169.00 9,047.00 18,607.00 4,410.00 1,217.00 38,664.00 20,680.00 8,200.00 4,100.00 47,100.00 25,300.00 6,700.00 3,335.00 2,150.00 1,850.00 34,335.00 11,805.00 36O 103) lO4) 105) 106) 107) lO8) 109) 110) 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) 147) 148) 149) 15o) 151) 152) 153) 154) 155) 156) 157) 158) 159) 16o) 161) 162) 163) Nurses Soc. Security Med. Travel Med. Supplies Sec. Teachers Coordinator Supplements Soc. Security State Retirement Health Ins. State Group Life Ins. Testing Mat. Instructional Supplies Clerical Soc. Security State Retirement Health Ins. State Group Life Ins. Insurance Rent of Facility Ofc. Supplies Tokens Field Trips Staff Travel Postage Telephone Teacher Soc. Security State Retirement Health Ins. Dental Ins. State Group Life Ins. Travel Contracted Child Care Equipment Inservice Training Tuition - Private Sch. Coordinator, Grants and Research Soc. Security State Grant Receipts Health Ins. Dental Ins. State Group Life Ins. Printing Travel Supplies Clerical Soc. Security State Retirement Health Ins. Dental Ins. State Group Life Ins. Printing Supplies Guidance Counselors Instr. Aides Inservice Training Soc. Security State Retirement Health Ins. State Group Life Ins. (035-060-6127-6672-0131) (035-060-6127-6672-0201) (035-060-6127-6672-0553) (035-060-6127-6672-0605) (035-060-6418-6100-0121) (035-060-6418-6100-0123) (035-060-6418-6100-0129) (035-060-6418-6100-0201) (035-060-6418-6100-0202) (035-060-6418-6100-0204) (035-060-6418-6100-0205) (035-060-6418-6100-0584) (035-060-6418-6100-0614) (035-060-6418-6300-0151) (035-060-6418-6300-0201) (035-060-6418-6300-0202) (035-060-6418-6300-0204) (035-060-6418-6300-0205) (035-060-6418-6300-0538) (035-060-6418-6300-0541) (035-060-6418-6300-0601) (035-060-6418-6300-0342) (035-060-6418-6300-0583) (035-060-6418-6300-0551) (035-060-6418-6681-0521) (035-060-6418-6681-0523) (035-060-6419-6138-0121) (035-060-6419-6138-0201) (035-060-6419-6138-0202) (035-060-6419-6138-0204) (035-060-6419-6138-0214) (035-060-6419-6138-0205) (035-060-6419-6138-0551) (035-060-6419-6138-0381) (035-060-6577-6674-0821) (035-060-6578-6674-0587) (035-060-6579-6329-0312) (035-060-6952-6665-0138) (035-060-6952-6665-0201) (035-060-6952-6665-0202) (035-060-6952-6665-0204) (035-060-6952-6665-0214) (035-060-6952-6665-0205) (035-060-6952-6665-0351) (035-060-6952-6665-0551) (035-060-6952-6665-0601) (035-060-6953-6665-0151) (035-060-6953-6665-0201) (035-060-6953-6665-0202) (035-060-6953-6665-0204) (035-060-6953-6665-0214) (035-060-6953-6665-0205) (035-060-6953-6665-0351) (035-060-6953-6665-0601) (035-060-6954-6315-0123) (035-060-6954-6315-0141) (035-060-6954-6315-0129) (035-060-6954-6315-0201) (035-060-6954-6315-0202) (035-060-6954-6315-0204) (035-060-6954-6315-0205) $ 53,750.00 4,075.00 3,325.00 3,500.00 137,974.00 30,000.00 5,000.00 13,111.00 26,187.00 5,853.00 1,713.00 2,500.00 5,000.00 13,000.00 985.00 2,027.00 1,007.00 133.00 1,000.00 2,000.00 1,500.00 2,000.00 4,500.00 2,500.00 600.00 900.00 22,321.00 1,692.00 3,350.00 1,007.00 103.00 228.00 599.00 5,700.00 2,760.00 1,287.00 200,000.00 25,000.00 1,895.00 3,898.00 1,007.00 103.00 255.00 19,411.00 1,000.00 600.00 18,000.00 1,364.00 2,676.00 1,007.00 103.00 184.00 5,000.00 2,241.00 120,000.00 18,810.00 7,000.00 9,096.00 18,708.00 4,180.00 1,140.00 164) Indirect Costs 1035-060-6954-6315-0212) $ 6,386.00 165) Tuition - Private Sch. (035-060-6954-6315-0312) 15,000.00 166) Travel (035-060-6954-6315-0551) 148.00 167) Field Trips (035-060-6954-6315-0583) 12,414.00 168) Soc. Security 1035-060-6955-6306-0201) 1,475.00 169) Consultant (035-060-6955-6306-0313) 1,505.00 170) Printing (035-060-6955-6306-0351) 3,266.00 171) Coordinator (035-060-6955-6306-0381) 8,462.00 172) Travel (035-060-6955-6306-0554) 11,442.00 173) Stipends (035-060-6955-6306-0581) 11 141.00 174) Audio-Visual ' Materials (035-060-6955-6306-0821) 15,056.00 175) Federal Grant Receipts (035-060-6124-1102) ( 160,000.00) 176) Federal Grant Receipts (035-060-6126-1102) 234,659.00 177)Federal Grant Receipts (035-060-6127-1102) 2,151,750.00 178) Local Match (035-060-6418-1101) 184,498.00 179) Federal Grant Receipts (035-060-6418-1102) 74,992.00 180)Federal Grant Receipts (035-060-6419-1102) 35,000.00 181)Federal Grant Receipts (035-060-6577-1102) 2,760.00 182)Federal Grant Receipts (035-060-6578-1102) 1,287.00 183)State Grant Receipts (035-060-6579-6329-0312) 200,000.00 184)Federal Grant Receipts (035-060-6952-1102) 53,169.00 185)Federal Grant Receipts (035-060-6953-1102) 30,575.00 186)State Grant Receipts (035-060-6954-1100) 212,882.00 187)Federal Grant Receipts (035-060-6955-1102) 52,347.00 BE IT FURTHER ORDAINED that, an emergency existing, thi~ Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice-Mayor 361 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29753-91189. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Fifth District Employment & Training Consortium-FY89 Title IIA (1) .................................. Fifth District Employment & Training Consortium-FY90 Title IIA (2-32) ............................... Project Trade (33-40) .......................... Employment Services (41-53) .................... $ 2,227,405.00 1,293,378.00 1,077,892.00 966,297.00 26,393.00 85,202.00 362 REVENUE Fifth FY89 Fifth FYgO District Employment & Training Consortium - (54-55) ....................................... District Employment & Training Consortium - (56-61) ....................................... $ 2,227,405.00 1,077,892.00 1) Funding Authority (034-054-8961-9990) $(97,894.00) 2) Wages (034-054-9061-8050) 93,386.00 3) Fringes (034-054-9061-8051) 12,974.00 4) Travel (034-054-9061-8052) 2,400.00 5) Communications (034-054-9061-8053) 3,600.00 6) Supplies (034-054-9061-8055) 3,500.00 7) Insurance (034-054-9061-8056) 125.00 8) Leases (034-054-9061-8058) 3,023.00 9) Equipment (034-054-9061-8059) 1,000.00 10) Miscellaneous (034-054-9061-8060) 400.00 11) Wages (034-054-9061-8030) 9,940.00 12) Fringes (034-054-9061-8031) 1,327.00 13) Travel (034-054-9061-8032) 100.00 14) Communication (034-054-9061-8033) 400.00 15) Equipment (034-054-9061-8034) 200.00 16) Supplies (034-054-9061-8035) 500.00 17) Miscellaneous (034-054-9061-8040) 150.00 18) DSLCC (034-054-9061-8150) 38,000.00 19) TAP (034-054-9061-8152) 106,000.00 20) Roanoke County Schools (034-054-9061-8153) 30,000.00 21) Scheneman and Spencer (034-054-9061-8154) 84,000.00 22) Scheneman and Spencer (034-054-9061-8155) 79,955.00 23) Roanoke City Schools Alt. Ed. (034-054-9061-8157) 74,992.00 24) Alleghany Schools (034-054-9061-8158) 28,000.00 25) Roanoke City Schools - Teen Parents (034-054-9061-8159) 35,000.00 26) DSLCC - Adult (034-054-9061-8170) 62,000.00 27) VWCC (034-054-9061-8171) 103,000.00 28) TAP (034-054-9061-8172) 86,801.00 29) TAP Food Service 34) Fringes 35) Wages 36) Fringes 37) Travel 38) Communications 39) Utilities 40) Supplies 41) Wages 42) Fringes 43) Wages 44) Fringes 45) Travel 46) Communications 47) Utilities 48) Supplies 49) Equipment 50) Wages 51) Fringes 52) Travel 53) Mi scel laneous 54) Incentive Admin. Revenue 55) Incentive Program Revenue 56) Title IIA Admin. Revenue (034-054-9061-8209) (034-054-9061-8210) (034-054-9061-8350) (034-054-9061-8351) (034-054-9069-8010) (034-054-9069-8011) (034-054-9069-8050) (034-054-9069-8051) (034-054-9069-8052) (034-054-9069-8053) (034-054-9069-8054) (034-054-9069-8055) (034-054-9070-8010) (034-054-9070-8011) (034-054-9070-8110) (034-054-9070-8111) (034-054-9070-8112) (034-054-9070-8113) (034-054-9070-8114) (034-054-9070-8115) (034-054-9070-8119) (034-054-9070-8260) (034-054-9070-8261) (034-054-9070-8262) (034-054-9070-8269) (034-034-1234-8966) (034-034-1234-8967) (034-034-1234-9060) 15,000.00 9,263.00 71,510.00 9,751.00 2,004.00 395.00 18,302.00 3,040.00 252.00 720.00 960.00 720.00 6,468.00 1,278.00 23,952.00 4,027.00 135.00 1,045.00 2,400.00 1,535.00 500.00 20,490.00 3,022.00 350.00 20,000.00 (29,368.00) (68,526.00) 130,260.00 363 57) Title IIA Training Revenue (034-034-1234-9061) $ 738,143.00 58) Incentive Admin. Revenue (034-034-1234-9066) 29,368.00 59) Incentive Program Revenue (034-034-1234-9067) 68,526.00 60) Project Trade Revenue (034-034-1234-9069) 26,393.00 61) Employment Srvcs. Revenue (034-034-1234-9070) 85,202.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATT E ST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29754-91189. A RESOLUTION ,approving amendments to the By-Laws of Mental Health Services'~of the Roanok~ 'Valley to include membership of Craig County in such community services board. WHEREAS, the participating political subdivisions in Mental Health Services of the Roanoke Valley (hereinafter "MHSRV"), a community services board pursuant to Chapter 10 of Title 37.1, Code of Virginia (1950), as amended, are the cities of Roanoke and Salem and the counties of Roanoke and Botetourt; WHEREAS, the By-Laws of MHSRV provide that amendments to such ByLaws shall be approved by the participating political subdivisions; WHEREAS, by letter of April 19, 1989, from the County Administrator of Craig County, such County has requested full representation on the community services board; WHEREAS, the Board of Directors of MHSRV has approved the admission of Craig County to membership on the community services board; and WHEREAS, by letter of July 12, 1989, Daniel E. Karnes, Chairman of the Board of Directors of MHSRV, has requested that this Council ratify amendments to the By-Laws of MHSRV admitting Craig County to membership, and this Council is desirous of approving such request and the required amendments to the MHSRV By-Laws; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The By-Laws of MHSRV transmitted to City Council by letter of Daniel E. Karnes, Chairman of MHSRV Board of Directors, dated July 12, 1989, such letter and the attached By-Laws being incorporated by reference in the City Manager's report to Council of September 11, 1989, are hereby ratified and approved by this Council. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Fred P. Roessel, Jr., Executive Director of MHSRV, and to Jeffrey Johnson, County Administrator for Craig County. ATTEST: City Clerk APPROVED Vice-Mayor 364 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29755-91189. AN ORDINANCE authorizing a certain contract to be entered with the State Board of Health relating to the operation of the local Health Department; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to enter into written contract with the State Board of Health pursuant to §32~1-31, Code ~ ¥irginia (1950), as amended, such contract establishing the financfal {ontributio~s of~the City Council and the Commonwealth to the local Health ~~!~t-' a~d__~.he~ ~blic health services to be rendered by. such DepartTmen~6'%':mm~6PY e~ c~ntract being attached to the report of the City Manager, dated September 11, 1989, 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. 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29756-91189. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nondepartmental Transfer to Other Funds (1) ........................ Contingency (2) .................................... $11,345,798.00 9,065,286.00 733,912.00 GRANT FUND Appropriations Public Safety Adult Basic Education - FYgO (3-4) ................. $ 597,414.00 11,162.00 365 Revenue Public Safety $ Adult Basic Education - FY90 (5-6) ................ 597,414.00 11,162.00 1) Transfers to Grant Fund 2) Contingency 3) Temporary Employee Wages 4) Admin. Supplies 5) Local Match 6) State Revenue (001-004-9310-9536) (001-002-9410-2199) (035-024-5001-1004) (035-024-5001-2030) (035-035-1234-7080) (035-035-1234-7081) $ 1,117.00 (1,117.00) 10,912.00 250.00 10,045.00 1,117.00 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 11th day of September, 1989. No. 29757-91189. ' AN ORDINA~C~.'to amend and reordain certain sections of the 1989-90 Internal Service F~nd Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows,' in part: APPROPRIATIONS Utility Line Services $2,638,~66.00 Capital Outlay (1) ................................. 309,055.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) ............... $1,749,132.00 1) Other Equipment (006-056-2625-9015) $ 1,695.00 2) Retained Earnings - Unrestricted (006-3336) (1,695.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 366 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29758-91189. AN ORDINANCE providing for the purchase of three utility trailers for use by the City, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; rejecting other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Bemiss Equipment Corporation to furnish and deliver to the City, three utility trailers, for the sum of $18,195.00, 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 Cit¥~ s~ecifications, the terms of said bidder's proposal, and the terms this~r~inance. · 3;'' ds made to the City for the supply of such equipment ~re h~reby REJECTED, and the City Clerk is directed to notify such bidders and to express the City's appreciation for their bids. 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29759-91189. AN ORDINANCE accepting the bid of EBSCO made to the City for furnishing Magazine Subscription Services for Roanoke City Public Library, rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of EBSCO made to the City, offering to supply Magazine Subscription Services for Roanoke City Public Library, meeting all of the City's specifications and requirements therefor, for the total bid price of $13,789.15, which bid is on file in the Office of the City Clerk, be and 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.. A~y ~nd~all other bids made to the City for the aforesaid services are .here. by~R~JE~T~, ~,a~d the~it~ Clerk is directed to notify each such bidder and ~:o,.e~t~'~o' e,a. cht~t~y'~' appreciation for' such bid. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29760-91189. 367 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS ~tfeets and~'~ dges Franklin Road Widening (1) ........................ lOth Street Widening (2) .......................... Fifth Street Bridge Replacement (3) ............... Capital Improvement Reserve Capital Improvement Reserve (4) ............ , ...... $ 5,630,908.00 49,700.00 83,300.00 19,500.00 4,739,897.00 2,959,402.00 1) Appr. from Bonds (008-052-9596-9001) $ 10,000.00 2) Appr. from Bonds (008-052-9597-9001) 20,000.00 3) Appr. from Bonds (008-052-9599-9001) 10,000.00 4) Appr. from Bonds (008-052-9603-9182) (40,000.00) 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 11th day of September, 1989. No. 29761-91189. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 Transfers to Ot~er Funds (1) ...................... Fund Balance $ 11,498,298.00 9,216,669.00 Capital Maintenance & Equipment Replacement Program - City (2) $ 5 609 514 O0 368 CAPITAL FUND Appropriations General Government $ 5,745,728.00 Downtown North (3) ................................ 155,500.00 1) Transfers to Capital 2) CMERP - City 3) Appr. from General Revenue .(001-004-9310-9508) (001-3323) (008-002-9616-9003) $ 152,500.00 (152,500.00) 152,§00.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29762-91189. A RESOLUTION requesting approval by the Virginia Department of Transportation of certain recommended route relocations; and authorizing the City Manager's submittal to the Department of the necessary information required to accompli~ the recommended relocation. ~ ! ,WHEREAS, ~rimary Highway Routes 11, 1'16, 220 and 221 all run con- cur~~aui~ng th~ ~e~f~rs~n Street Leg of the Hunter Viaduct, which structure is~targ~~for-r~ ~ermit development in that area in Downtown Roanoke; WHEREAS, approval by the Virginia Department of Transportation is required in order for the proposed route relocations to be accomplished; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Virginia Department of Transportation is hereby requested to approve the proposed route relocation of Primary Highway Routes 11, 116, 220 and 221, as required in accordance with the recommendations contained in the City Manager's report and attachments dated September 11, 1989. 2. The City Manager is hereby authorized to submit to the Virginia Department of Transportation the forms required by the Virginia Department of Transportation concerning deletion of lane mileage and changes in functional classification system and information sufficient for the Department's con- sideration of the recommended route relocations, as recommended in the above- referenced report of the City Manager. 3. The City Clerk is directed to transmit attested copies of this resolution to M. S. Hollis, State Urban Engineer, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219. ATTEST: City Clerk APPROVED Vice-Mayor 369 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29763-91189. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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. -'.$IH~REFORE, B~,.[? O~DAINED by the Council of the City of Roanoke that certain sections of ~he' 1989-90 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nondepartmental $ 11,445,798.00 Transfers to Other Funds {1) ...................... 9,164,169.00 Fund Balance Capital Maintenance & Equipment Replacement Program - City (2) .............................. $ 5,662,014.00 CAPITAL FUND Appropriations Other Infrastructures $ Hunter Viaduct Removal Engineering {3) ............ 747,000.00 100,000.00 1) Transfers to Capital (001-004-9310-9508) $ 100,000.00 2) CMERP - City (001-3323) (100,000.00) 3) Appr. from Gen. Revenue (008-052-9636-9003) 100,000.00 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 11th day of September, 1989. No. 29764-91189. A~RDiNANCE authorizing the City Manager to enter into an engineering services reimbursement with cost ceiling contract with Hayes, Seay, Mattern & Mattern, to provide engineering services in connection with the removal of the Jefferson Street Leg of the Hunter Viaduct; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized for and on behalf of the City, to execute and to attest, respectively, an engineering services reimbursement with cost ceiling contract with Hayes, Seay, Mattern & Mattern, for the provision by such firm of engi- neering services to prepare complete plans and specifications for the removal of the Jefferson Street Leg of the Hunter Viaduct, as more particularly set forth in the September 11, 1989, report of the City Manager to this Council. 370 2. The contract authorized by this ordinance shall be in the amount of $95,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST= City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29765-91189. AN ORDINANCE authorizing the appropriate City officials to execute an agreement providing for the settlement of a disability retirement claim and authorizing the purchase of an annuity to provide a portion of the funding of such agreement; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and City Clerk are authorized to execute and attest, respectively, an agreement with Clarence W. Brown (hereinafter Claimant) and Claimant's Spouse to provide for a full and final settlement of all claims, except for medical benefits previously awarded under the Virginia Workers' Compensation Act, against the City and the City Pension Plan for disability retirement benefits. Such agreement shall provide for the payment of $15,000 to the Claimant and for the purchase of an annuity to provide payments of $900.00 per month to the Claimant for life. Such agreement shall contain other terms and conditions deemed appropriate by the City Manager, and such agreement to be approved by the City Attorney. , 2. ~ l~he ~i, ty accepts the proposal of Structured Benefits, Inc. and the C.~ty'~s ~4~ger of ,Gener(~l Services is authorized to issue the requisite parcbar,~)~IB(~ {o~,p~~fr~m such firm an annuity for the sum of $89,122.00, such annu!.tyi'~o. ~ provide p~yments of $900.00 per month to the Claimant for life. Such annuity shall comply with the request for proposals issued by the City, and such annuity shall fund a portion of the settlement agreement authorized herein. 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 371 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29766-91189. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Sewage Fund Appropriations, and providing for an emergency. wHEREAs, for the usual daily operation of the Municipal Government of the Ci~..~f Roanoke, ~emerg.ency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay $ 6,578,807.00 STP - Dechlorination Facility (1) ................. 428,000.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) .............. $13,562,970.00 1) 2) Appropriations from General Revenue Retained Earnings - Unrestricted (003-056-8428-9003) (003-3336) $ 128,000.00 (128,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29767-91189. AN ORDINANCE accepting the bid of Breakell, Inc., for upgrading of the chlorination/dechlorination facility at the Roanoke Water Pollution Control Plant, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Breakell, Inc., in the total amount of $399,890.00, for upgrading of the chlorination/dechlorination facility at the Roanoke 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, wh~ch.b'id~is on file in the Office of the City Clerk, be and is h~e~y ~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. 372 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 11th day of September, 1989. No. 29770-91189. A RESOLUTION expressing this Council's opposition to certain proposed regulations to amend Stream Water Quality Standards as said regulations were announced by notice of public hearing. WHEREAS, the City of Roanoke operates the Water Pollution Control Plant which serves a number of jurisdictions in the Roanoke Valley; and WHEREAS, Stream Water Quality Standards are established by the Commonwealth of Virginia through the State Water Control Board; and ~ WHER/E~S, ,by notice of public hearing received July 16, 1989, the Commdnw~al~h_of ~irginia State Water Control Board proposed certain amendments t~ sa~L~q~ali~n(~a~ds;· ---.- ~ and WREREAS, the notice of public hearing does not accurately reflect the financial impact of said regulations and any provided proven benefits of the proposed regulations are outweighed by the actual financial impact of such regu- lations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby expresses its opposition to proposed Stream Water Quality Standards as set forth by the Commonwealth of Virginia State Water Control Board by notice of public hearing received July 16, 1989. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the appropriate officials at the State Water Control Board, the State Secretary of Natural Resources, Senator J. Granger Macfarlane, Delegate Clifton A. Woodrum, III, and Delegate A. Victor Thomas. BE IT FINALLY RESOLVED that the City Manager is directed to forward a copy of this resolution and the accompanying report to other local governments served by the Roanoke Regional Sewage Treatment Plant with an appropriate request that those jurisdictions join in opposing the proposed amendments to the water quality standards. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29771-91189. 373 A RESOLUTION expressing this Council's support for the Valleywide Anti-Drug Association walk and rally to increase the public's awareness of the alcohol and drug problem in the area. WHEREAS, the Valleywide Anti-Drug Association (Association) has been organized to promote public awareness of the dangers of drug and alcohol abuse and the availability of prevention and treatment resources in the area; and WHEREAS, the Association has scheduled a walk on Saturday, September 16, 1989, which will originate at the Roanoke Civic Center and conclude with a rally at Victory Stadium; and WHEREAS, Council supports the Association in its efforts to combat the illegal drug and alcohol problem in the Roanoke Area. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Council supports this worthwhile project of the Association. 2. The City Manager is authorized to assist in facilitating the walk and rally in accordance with established City policies. 3. The City Clerk is directed to transmit a copy of this resolution to David ClajFton, President, of Valleywide Anti-Drug Association. AIIESl: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29772-91189. A RESOLUTION cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, October 16, 1989, at 2:00 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the Virginia Municipal League Annual Conference scheduled to be held on October 15 through 17, 1989, in Fairfax County, Virginia, which a majority of the members of City Council desire to attend, the meeting of City Council regularly scheduled for Monday, October 16, 1989, at 2:00 p.m., in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W., is hereby CANCELLED. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of such cancellation. APPROVED ATTEST: City Clerk Vi ce-Mayor 374 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29773-91189. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session'of the Virginia Municipal League to be held in Fairfax County, Virginia, on October 15 through 17, 1989, Mayor Noel C. Taylor and Vice-Mayor Beverly T. Fitzpatrick, Jr., 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 1989 Annual Conference, Mayor Taylor and Vice-Mayor Fitzpatrick shall also serve as Voting Delegate and Alternative Voting Delegate, respectively, and W. Robert Herbert, City Manager shall be designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. APPROVED ATTEST: Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29774-91189. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Congress of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Congress of Cities to be held in Atlanta, Georgia, on November 25 through 29, 1989, Mayor Noel C. Taylor and Vice-Mayor Beverly T. Fitzpatrick, Jr., are hereby designated Voting Delegate and Alternate Voting Delegate, respectively. 2. Mary F. Parker, City Clerk, is directed to complete any forms required by the National League of Cities for designation of Voting Delegate and Alternate Voting Delegate and to forward such forms to the National League of Cities. APPROVED Vice-Mayor 375 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of September, 1989. No. 29775-91189. AN ORDINANCE authorizing the waiver of certain contractual conditions of a sales contract, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. That certain conditions contained in a Sales Contract dated May 23, 1989, between Anderson Wade Douthat, Frances B. Douthat and the City of Roanoke, be waived in accordance with the recommendations set forth in the City Manager's report to Council dated September 11, 1989. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29751-92589. AN ORDINANCE authorizing and directing the proper City officials to permit Relish Realty, a Virginia partnership, to use certain property to be purchased by the City, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby, authorized to execute and attest, for and on behalf of the City of Roanoke, a permit on such terms and in such form as are approved by the City Attorney, for Relish Realty, a Virginia partnership, to use that certain lot or parcel of land situate in the City of Roanoke, identified in the official tax records of the City of Roanoke as Official Tax No. 4010116, known as the old A & P Building, for a period of time up to July 20, 1990, such permit to contain such other terms and conditions as are approved and required by the City Manager. APPROVED ATTEST: City Clerk Mayor 376 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29768-92589. AN ORDINANCE authorizing the leasing of certain City-owned property to Blue Cross Blue Shield of Virginia, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate lease agreement with Blue Cross Blue Shield of Virginia for installation of a curbside depository box on the southerly side of Franklin Road located on a portion of Official Tax No. 4016003, for an initial term of six months and thereafter on a month-to-month basis, with the lessee to indemnify and hold harmless the City, its officers, agents and employees and to provide appropriate public liability insurance, said lease to contain such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council from the Water Resources Committee dated September 11, 1989. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29769-92589. AN ORDINANCE granting a revocable license for the construction of a certain building appendage encroaching over and into the right-of-way of the public sidewalk, located at 920 Jefferson Street, S. W., Official Tax No. 4020701D, 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, Community Hospital of Roanoke Valley, their grantees, assignees, or suc- cessors in interest, of the property bearing Official Tax No. 4020701D, other- wise known as 920 Jefferson Street, S. W., within the City of Roanoke, to construct and maintain a canopy encroaching approximately 10 feet over and into the public right-of-way of 920 Jefferson Street, S. W., as more fully described in a report of the Water Resources Committee dated September 11, 1989, 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 $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. 377 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by licensee, has been admitted to record, at the cost of the licensee, in the Office of the Clerk of 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29776-92589. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 Instruction (1) .................................... Other Uses of Funds (2) ............................ $61,384,303.00 44,839,879.00 605,215.00 CAPITAL PROJECTS FUND Appropriations Education Alterations to Buildings (3) ....................... Capital Improvement Reserve Series 1988 Bonds - Education (4) .................. $35,772,935.00 88,924.00 3,679,400.00 -0- GRANT FUND Appropriations Education $13,394,759.00 Chapter II 89-90 (5-21) ............................ 174,702.00 Revenue Education $13,394,759.00 Chapter II 89-90 (22-23) ........................... 174,702.00 1) Retirement - VSRS (001-060-6001-6000-0202) $(30,308.00) 2) Transfers to Grant Fund (001-060-6005-6999-0911) 30,308.00 3) Alterations to Buildings (008-060-6068-6896-0851) 88,924.00 4) Public Impr. Bonds (008-060-6068-6896-9001) (88,924.00) 5) Writing Lab Aide (035-060-6225-6004-0141) 8,572.00 6) Soc. Security (035-060-6225-6004-0201) 650.00 7) State Retirement (035-060-6225-6004-0202) 1,336.00 3 7 8 8) Health Ins. 9) State Group Life Ins. 10) Library Mat. 11) Visiting Teachers 12) Soc. Security 13) State Retirement 14) Health Ins. 15) State Group Life Ins. 16) Director, Ed. Partnershi ps 17) Soc. Security 18) State Retirement 19) Health Ins. 20) State Group Life Ins. 21) Supplies 22) Local Match 23) Federal Grant Receipts (035-060-6225-6004-0204) (035-060-6225-6004-0205) (035-060-6225-6214-0613) (035-060-6225-6231-0123) (035-060-6225-6231-0201) (035-060-6225-6231-0202) (035-060-6225-6231-0204) (035-060-6225-6231-0205) (035-060-6225-6665-0114) (035-060-6225-6665-0201) (035-060-6225-6665-0202) (035-060-6225-6665-0204) {035-060-6225-6665-0205) (035-060-6225-6665-0601) (035-060-6225-1101) (035-060-6225-1102) 1,110.00 87.00 3,330.00 65,735.00 4,983.00 10,248.00 2,220.00 671.00 42,200.00 3,199.00 6,579.00 1,110.00 430.00 22,242.00 30,308.00 144,394.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City C1 erk Mayo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29777-92589. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Nondepartmental Contingency (1) ................................... Health and Welfare TAP (2) ........................................... $11,142,798.00 532,029.00 11,954,301.00 166,348.00 1) Contingency (001-002-9410-2199) $(30,000.00) 2) Subsidies (001-054-5230-3700) 30,000.00 BE IT FURTHER ORDAINED that, an emergency existing, shall be in effect from its passage. this Ordinance City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29778-92589. 379 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Federal Forfeited Property Program (1) .............. $792,420.00 204,856.00 REVENUE Public Safety Federal Forfeited Property Program (2) .............. $792,420.00 204,856.00 1) Investigations & Rewards (035-050-3300-2150) $126,168.00 2) Federal Revenue (035-035-1234-7060) 126,168.00 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 25th day of September, 1989. No. 29779-92589. AN ORDINANCE 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 the term of FY 1989-90; 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 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 term of FY 1989-90, 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; said contract to be in form approved by the City Attorney, and upon such other terms and conditions as are provided therein. 38O 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. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29780-92589. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare Social Services - Services (1) .................... Health Department (2) ............................. $11,987,521.00 4,766,288.00 1,020,834.00 REVENUE Grants-in-Aid Commonweal th Welfare (3) ....................................... $51,657,507.00 7,142,318.00 1) Purchased Services (001-054-5314-3160) $ 79,025.00 2) Subsidies (001-054-5110-3700) (15,805.00) 3) Purchased Services (001-020-1234-0683) 63,220.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City C1 erk Mayor 381 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29781-92589. A RESOLUTION approving and concurring in the proposed lowering of the grade of Deyerle Road, S. W., upon certain terms and conditions. WHEREAS, Covenant Presbyterian Church is located at the intersection of Deyerle Road and Chesterton Street, S. W., with an entrance approximately 200 feet from the crest of a hill on Deyerle Road, creating a traffic hazard for vehicular traffic entering or exiting the Church parking lot; WHEREAS, proposed subdivision of property owned by the heirs of A. M. Renick which adjoins the Church property includes a new street to be named "Renfield Drive" which will allow the relocation of the entrance to the Church parking lot; WHEREAS, Covenant Presbyterian Church has requested permission to enter the public right-of-way and lower the grade level of Deyerle Road approximately seven feet, as set forth in the City Manager's report dated September 25, 1989; and WHEREAS, the landowners whose properties abut the change in grade have waived all claims, demands, damages, actions, causes of action or suits of any kind whatsoever, including without limitation, any claims, rights or proceedings to which they may be entitled under Section 15.1-368, of the Code of Virginia (1950), as amended, on account of all damages to property which may result from the change in grade of Deyerle Road, and have agreed to indemnify the City of Roanoke from any and all claims arising out of the lowering of the grade of Deyerle Road; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council approves and concurs in the proposed lowering of the grade of Deyerle Road, S. W., upon the terms and conditions set forth in the City Manager's report, with attachments, of September 25, 1989. 2. That an attested copy of this resolution be transmitted to the Trustees of Covenant Presbyterian Church, to the Heirs of A. M. Renick, and to Guy B. Merritt and Nellyjean K. Merritt. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. 29782-92589. A RESOLUTION authorizing and directing the City Manager to file a grant application on behalf of the City of Roanoke with the Department of Criminal Justice Services for an allocation of funds to participate in the Statewide Interdepartment Radio System ("SIRS") Network. WHEREAS, the Council of the City of Roanoke has heretofore been advised that certain grant funds are available for sheriff's departments and local police departments who want to participate in the SIRS Network; and WHEREAS, in order to obtain an allocation from such funds, it is necessary that the City file with the Department of Criminal Justice Services a grant application for funds to participate in the program no later than September 29, 1989; and WHEREAS, the funds for participation in the SIRS Network will be pro- vided by the State in the amount of $75,634.00 with a local cash match of $6,577.00. 382 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and is hereby authorized and directed to file, for and on behalf of the City, a grant application with the Department of Criminal Justice Services for an allocation of funds to participate in the Statewide Interdepartment Radio System. ATTEST: ~.~,~,~_.,~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29783-92589. AN ORDINANCE granting to Junior Achievement of Roanoke Valley a revo- cable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions; and providing for an emergency. WHEREAS, Junior Achievement of Roanoke Valley (Permittee), has requested that Council authorize the Permittee to mount Junior Achievement logo 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, Executive Director, dated June 23, 1989; 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 fol 1 ows: 1. Permission is hereby granted the Permittee to mount Junior Achievement logo flags on street lighting poles in the Central Business District of the City, the Permittee's request being more particularly described in the letter dated June 23, 1989, from Laurie E. McMahon, Executive Director, Junior Achievement of Roanoke Valley, 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 midnight on February 25, 1990. 383 7. In order to provide for the usual daily operation of the municipal government, an emergency is declared to exist, and this ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf of Junior Achievement of Roanoke Valley, 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 25th day of September, 1989. No. 29784-92589. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges Peters Creek Flood Reduction - Peer Review (1) ..... Peters Creek Flood Reduction - Mapping (2) ......... Capital Improvement Reserve Capital Improvement Reserve (3) .................... $5,654,744.00 44,300.00 19,536.00 3,700,088.00 1,552,259.00 1) Appropriations from General Revenue (008-052-9640-9003) $ 44,300.00 2) Appropriations from General Revenue (008-052-9641-9003) 19,536.00 3) Storm Drains (008-052-9575-9176) (63,836.00) 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 September, 1989. No. 29785-92589. AN ORDINANCE authorizing the City Manager to enter into a professional services contract for engineering services and a service contract for mapping services relative to Peters Creek flooding; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk shall be authorized to execute and to attest, respectively, a contract with Mattern & Craig, P. C., for the provision by such firm of engineering consulting services relative to the flooding of Peters Creek in the City of Roanoke. 384 2. The maximum compensation to Mattern & Craig, P. C., under the contract authorized by this ordinance shall be $44,300.00. 3. The City Manager and the City Clerk shall be authorized to execute and to attest, respectively, a contract with T. P. Parker & Son, Engineers and Surveyors, Ltd., for the provision by such firm of topographic and planimetric mapping services relative to the flooding of Peters Creek in the City of Roanoke. e Surveyors, $19,536.00. The maximum compensation to T. P. Parker and Son, Engineers and Ltd., under the contract authorized by this ordinance shall be 5. The form of the contracts authorized by this ordinance shall be approved by the City Attorney. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1989. No. 29786-92589. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Article VI, Teenage Dance Halls and Teenage Nightclubs, of Chapter 21, Offenses - Miscellaneous; such new article requiring a permit for operation of teenage dance halls and nightclubs, regulating the conduct of such facilities, establishing an annual license tax and providing for criminal penalties for violations; and providing for an emergency. WHEREAS, there is increased attention being focused on certain places within the City where teenagers can socialize with each other, but not be sub- ject to the potential detrimental influence of adults or peer pressure to drink or use drugs, narcotics or other controlled substances; and WHEREAS, the business of maintaining and operating teenage dance halls and teenage nightclubs seriously affects the social and moral well being of the City and its residents; and WHEREAS, teenage dance halls and teenage nightclubs must be strictly regulated for the welfare of the public and of the patrons of such establish- ments; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the enactment of a new Article VI, Teenage Dance Halls and Teenage Nightclubs, to Chapter 21, Offenses - Miscellaneous, to read and provide as follows: ARTICLE VI. TEENAGE DANCE HALLS AND TEENAGE NIGHTCLUBS Sec. 21-195. Definitions. (a) "Teenage dance hall" shall mean any place in which dan- ces that are attended primarily by teenagers are regu- larly held or conducted, whether admission thereto is by a set admission charge, by the donation of money or by no charge. (b) "Teenage nightclub" shall mean any establishment in which primarily teenagers regularly gather, either to participate in dancing or to observe live entertainment, whether admission thereto is by a set admission charge, by the donation of money or by no charge. (c) "Teenager" or "teenage person" shall mean a minor who is between the ages of thirteen (13) and nineteen (19) years of age. Sec. 21-196. Permit required. (a) It shall be unlawful for any person to engage in the business of operating a teenage dance hall or teenage nightclub without first having procured a permit so to do in accordance with this article, which permit shall be obtained from the City Manager on satisfactory evidence that the applicant is a proper person to receive the same. Such per- mit may be revoked at any time by the City Manager upon a finding that the operation of the teenage dance hall or teenage nightclub contravenes public safety, peace, and order, becomes a public nuisance, disturbs the peace or upon the failure of the permit holder to comply with the require- ments of this article. A permit to operate a teenage dance hall or teenage nightclub shall be non-assignable and non- transferable and valid until revoked. (b) There shall be an appeal to City Council both from the action of the City Manager in refusing to grant such a permit to the person applying therefor and from the action of the City Manager in revoking such a permit after the granting of the same. Such appeal shall be by written application directed to City Council and delivered to the City Clerk within ten (10) days from the refusal of the City Manager to grant such permit or within ten (10) days from his revocation of the same, as the case may be. In event of an appeal to City Council, the decision of the City Manager shall not be reversed unless City Council be of the opinion that the City Manager acted arbitrarily in the matter or without sufficient or satisfactory evidence. Sec. 21-197. Investigation. Prior to the issuance of any permit to operate a teenage dance hall or teenage nightclub a background investigation shall be conducted by the City of Roanoke Police Department on the applicant seeking to operate a teenage dance hall or teenage nightclub. All employees of said teenage dance hall or teenage nightclub shall likewise be required to have a police background investigation conducted on them. No appli- cant shall be issued a permit to operate a teenage dance hall or teenage nightclub and no person shall be employed by a teenage dance hall or teenage nightclub if such person has been convicted of a crime of moral turpitude; any crime involving the sale, attempted sale or possession of any controlled substance with the intent to distribute; or any sexual offense or crime relating to obscenity. The names of all individuals who have been issued a permit to operate a teenage dance hall or teenage nightclub shall be maintained on file with the Chief of Police. Sec.21-198. Regulation of teenage dance halls or teenage nightclubs No teenage dance hall or teenage nightclub shall be operated except as follows: (a) No teenage dance hall or teenage nightclub shall operate prior to 12:00 noon on any given day, nor shall it operate after 12:00 midnight on any given day. At 12:00 midnight the premises shall be vacated except for registered employees. 385 386 (b) Persons having reached the age of twenty (20) years or over shall not be allowed to enter a teenage dance hall or teenage nightclub unless they are an employee or a parent or legal guardian of a person attending such teenage dance hall. (c) The presence of persons under the influence of alcohol or other self-administered drugs, narcotics or controlled substances on the premises of said teenage dance hall or teenage nightclub, or the presence of alcohol, drugs, narcotics, controlled substances, or drug paraphernalia on the premises of said teenage dance hall or teenage nightclub shall be grounds for the automatic and immediate revocation of the permit to con- duct or operate a teenage dance hall or teenage nightclub. Upon the discovery of alcohol, drug paraphernalia, narcotics, drugs, controlled substances, or persons under the influence of any of the same on the premises of said teenage dance hall or teenage nightclub, the City Manager, Assistant City Manager, Chief of Police, or his agent may cause all persons in the teenage dance hall or teenage nightclub to vacate the premises and may close the teenage dance hall or teenage nightclub. (d) Any person issued a permit to conduct a teenage dance hall or teenage nightclub shall be given a copy of these regulations and shall sign for and acknowledge receipt of such copy. (e) No individual to whom a permit to operate a teenage dance hall or teenage nightclub has been issued, nor any employee of said teenage dance hall or teenage nightclub shall in any way hinder any fire prevention or law enforcement officer who wishes to inspect the premises of said teenage dance hall or teenage nightclub at any time said teenage dance hall or teenage nightclub is open. (f) The operator of any teenage dance hall or teenage nightclub shall provide adequate security to protect patrons from physical harm and to prohibit the entry upon the premises of alcohol, drugs, narcotics or other controlled substances and weapons as defined by §18.2-309,A., Code of Virginia (1950), as amended. (g) A copy of these regulations shall be posted in a promi- nent location inside the building or premises wherein a teenage dance hall or teenage nightclub is operated. (h) Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor. Sec. 21-199. Operation in manner other than as is pro- vided for in article to constitute nuisance; violation a Class 3 misdemeanor. To conduct or to operate a teenage dance hall or teenage nightclub in any manner or mode other than as is provided in this article shall, in addition to being unlawful, constitute a public nuisance, and be abatable as such, and this remedy shall be considered a cumulative one, and enforceable by the City in a proper proceeding to be instituted by, and in the discretion of the City Manager. Violations of this article shall be punishable as a Class 3 misdemeanor. 387 Sec. 21-200. Construction of article with reference to license tax. Nothing in this article shall be construed as exempting any teenage dance hall or teenage nightclub from the payment of a license tax now imposed or which in the future may be imposed, whether such tax be for the purpose of raising reve- nue or for regulatory purposes. Such license tax shall be Six Hundred Dollars ($600.00) per annum not proratable on the person or persons operating or conducting any such teenage dance hall or teenage nightclub. Sec. 21-201. Construction of article with reference to disturbance of the peace, etc. Nothing in this article shall be construed as permitting any person to so conduct or operate a teenage dance hall or teenage nightclub as unnecessarily to disturb the peace, com- fort, and ordinary rest of the citizens residing in the neighborhood of such teenage dance hall or teenage nightclub. Sec. 21-202. Permitting indecent behavior. It shall be unlawful for any person having charge of or conducting any licensed teenage dance hall or teenage nightclub to permit any person or persons to engage in any indecent, lewd or lascivious behavior in any teenage dance hall or teenage nightclub. Sec. 21-203. Exceptions to article provisions. The provisions of this article shall not apply to dances that are held for benevolent or charitable purposes or to dances conducted under the auspices of governmental, reli- gious, educational, benevolent, charitable or military orga- nizations. 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 October 1, 1989. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1989. No. 29787-10289. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Contingency - Internal Service Fund Contingency (1) ...................................... Utility Line Service Other Charges (2) .................................... $ 100,000.00 90,000.00 2,646,671.00 280,837.00 1) Contingency (006-002-9411-2199) $(10,000.00) 2) Project Supplies (006-056-2625-3005) 10,000.00 388 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 2nd day of October, 1989. No. 29788-10289. AN ORDINANCE amending and reordaining subsection (a) of §20-6, Adoption of state law; subsection (d) of §20-7, General powers and duties of city manager with respect to traffic; subsection (e) of §20-11, General duty of drivers and passengers in event of accident; subsection (b) of §20-26, Required; excep- tions; subsection (o) of §20-28, Tax imposed; subsection (11) of §20-65, Pa--~-Fk-Tng prohibited in specified places; subsection (j) of §20-69, Parking regu- lations on property of Virginia Western Community College; §20-76, Parkin~ in spaces reserved for handicapped persons; subsection (c) of §20-81, Exemptions from certain requirements of parking meter regulations; subsections (b)(1), (b)(2), (b)(3), and (c) of §20-89, Penalties for unlawful parking; §20-93, Impoundment authorized; §20-101, Definitions; §20-102, Abandoned vehicles may be taken into custody; §20-103, Notice to owner of vehicle taken into custody; §20-104, Sale of vehicle at public auction; disposition of proceeds; §20-105, Vehicles abandoned in garages; §20-106, Disposition of inoperable abandoned vehicles; and subsection (a) of §21-40.1, Open storage of inoperative vehicles in residential or commercial or agricultural districts of the Code of the City of Roanoke (1979), as amended, to conform such sections to tile reordained provi- sions of Title 46.2 of 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 that: 1. Subsection (a) of §20-6, Adoption of state law; subsection (d) of §20-7, General powers and duties of city manager with respect to traffic; sub- section (e) of §20-11, General duty of drivers and passengers in event of acci- dent; subsection (b) of §20-26, Required; exceptions; subsection (o) of 920-28, ~imposed; subsection (11) of §20-65, Parking prohibited in specified places; subsection (j) of §20-69, Parking regulations on property of Virginia Western Community College; §20-76, Parking in spaces reserved for handicapped persons; subsection (c) of §20-81, Exemptions from certain requirements of parking meter regulations; subsections (b)(1), (b)(2), (b)(3), and (c) of §20-89, Penalties for unlawful parking; §20-93, Impoundment authorized; §20-101, Definitions; §20-102, Abandoned vehicles may be taken into custody; §20-103, Notice to owner of vehicle taken into custody; §20-104, Sale of vehicle at public auction; disposition of proceeds; §20-105, Vehicles abandoned in garages; §20-106, Disposition of inoperable abandoned vehicles; and subsection (a) of §21-40.1, Open storage of inoperative vehicles in residential or commercial or a~ricul- rural districts of the Code of the City of Roanoke (1979), as amended, be and are amended as follows: §20-6. Adoption of state law. (a) Pursuant to the authority of section 46.2-1313, of the Code of Virginia, all of the provisions and requirements oF the laws of the state contained in Title 46.2 of the Code of Virginia, except those provi- sions and requirements the violation of which constitu- tes a felony, and except those provisions and requirements which, by their very nature, can have no application to or within 'the city, are hereby adopted and incorporated in this chapter by reference and made applicable within the city. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the City. Such provisions and requirements, as amended from time to time, are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the city to violate or fail, neglect or refuse to comply with any provision of Title 46.2 of the Code of Virginia which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any pro- vision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2 of the Code of Virginia. §20-7. General powers and duties of city manager with respect to traffic. (d) The city manager may promulgate rules and regu- lations temporarily decreasing the weight limits of vehicles pursuant to the provisions of section 46.2-1104 of the Code of Virginia. He may also issue special per- mits for oversize and overweight vehicles pursuant to the provisions of section 46.2-1139 of the Code of Virginia. §20-11. General duty of drivers and passengers in event of accident. {e) The reports required by this section are in addition to other accident reports required by title 46.2 of the Code of Virginia, and shall be made irrespective of the amount of property damage involved. §20-26. Required; exceptions. (b) No person shall be required to obtain a license under this article for a vehicle that is exempt from annual registration and license plates under Title 46.2, Chapter 6, Article 6, of the Code of Virginia, or a vehicle upon which the city is prohibited from imposing a tax or license fee by section 46.2-755. §20-88. Tax imposed. (o) Notwithstanding the provisions above, upon receipt of an application on a form prescribed by the commissioner of revenue and receipt of written evidence from one of the armed forces that an applicant for the annual motor vehicle license was a prisoner of war and was honorably discharged, if not currently a member of the armed forces, the annual motor vehicle license shall be issued with no tax being assessed. Issuance of such free license shall be limited to passenger vehicles and pickup or panel trucks as defined in section 46.2-100, Code of Virginia. No individual shall be issued a free license under this subsection for more than one vehicle. Any person who is not a person described in this sub- section and who willfully and falsely represents himself as having the qualifications to obtain the free annual license shall be guilty of a traffic infraction punishable by a fine of not more than one hundred dollars {$100.00). §20-65. Parking prohibited in specified places. (11) Any parking space reserved for the handicapped on a public street, unless a special vehicle parking permit for transmitting handicapped persons issued pur- suant to section 46.2-1238, Code of Virginia, is displayed in the window of vehicle. 389 390 §20-69. Parking regulations on property of Virginia Western CommunitN Col 1 eoe. (j) Any operator who displays in the window of his vehicle a special vehicle parking permit for handicapped persons issued pursuant to section 46.2-1238, Code of Virginia, may park such vehicle for an unlimited period of time in parking zones otherwise restricted as to length of parking time permitted and shall be exempt from paying parking meter fees. §20-76. Parking in spaces reserved for handicapped persons. No person shall park or leave standing any vehicle not displaying a special license plate, decal or parking permit issued pursuant to sections 46.2-731, 46.2-739 or 46.2-1238, Code of Virginia, in a parking space reserved for handicapped persons on public property or in pri- vately owned parking areas open to the public. §20-81. Exemptions from certain requirements of parkin9 meter regulations. (c) Any operator who displays in the window of his vehicle a special vehicle parking permit for handicapped persons issued pursuant to section 46.2-1238, Code of Virginia, may park such vehicle for an unlimited period of time in parking zones otherwise restricted as to length of parking time permitted and shall be exempt from paying parking meter fees. §20-89. Penalties for unlawful parking. (b)(1) A penalty of five dollars ($5.00) may be paid for a violation of section 20-65 (except subsection (4) thereof), 20-66, 20-67, 20-68, 20-69, 20-70, 20-71, 20-72, 20-73, 20-75, 20-79, 20-80 or 20-81, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be fifteen dollars ($15.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of fifteen dollars ($15.00) within five (5) days of receipt of such notice. (b)(2) A penalty of ten dollars ($10.00) may be paid for a violation of section 20-65(4) or section 20-74, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter the penalty shall be twenty dollars ($20.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the viola- tor. Any violator to whom such notice is sent may pay such penalty of twenty dollars ($20.00) within five (5) days of receipt of such notice. (b)(3) A penalty of twenty-five dollars ($25.00) may be paid for a violation of section 20-76, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be thirty-five dollars ($35.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of thirty-five dollars ($35.00) within five (5) days of receipt of such notice. (c) If a violator does not pay the penalty provided for above within five (5) days of receipt of a notice sent pursuant to section 46.2-941, Code of Virginia, the clerk of the general district court and the officer responsible for issuing parking summons shall be notified of the failure to pay such penalty, in order that a summons be issued. §20-93. Impoundment authorized. (a) Any motor vehicle, trailer or semitrailer, or parts thereof may be removed by or under the direction of the chief of police for safekeeping to a storage area if: (1) It is left unattended on a public highway or other public property and constitutes a traffic hazard; (2) It is illegally parked; (3) It is left unattended for more than ten days either on public property or on private property without the permission of the property owner, lessee, or occupant; or (4) It is immobilized on a public roadway by weather conditions or other emergency situation. (b) This section, shall not authorize removal of motor vehicles, trailers, semitrailers, or parts thereof from private property without the written request of the owner, lessee, or occupant of the premises. The person at whose request a motor vehicles, trailer, semitrailer, or part of a motor vehicle, trailer or semitrailer is removed from private property shall indemnify the city against any loss or expense incurred by reason or remo- val, storage, or sale thereof. (c) Prior to any removal and impoundment by the city under the authority of subsection (a)(3) of this section, the chief of police or his designee shall send by certified mail, return receipt requested, notice of such proposed removal to the owner of such automobile at his last known address as shown on the records of the division of motor vehicles. Such notice shall advise that the owner may, within forty-eight (48) hours of receipt of the notice, contact the police department to request a hearing regarding the proposed removal. If a timely request for hearing is made, the hearing shall be scheduled before an officer appointed by the chief of police within seventy-two (72) hours. §20-101. Definitions. As used in this division: Abandoned motor vehicle means a motor vehicle, trailer, or semitrailer Or part of a motor vehicle, trailer, or semitrailer that: (1) Is inoperable and is left unattended on public pro- perty for more than forty-eight (48) hours, or (2) Has remained illegally on public property for more than forty-eight {48) hours, or 391. 3 9,2 (3) Has remained for more than forty-eight (48) hours on private property, without the consent of the property's owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property. Demolisher means any person, firm or corporation whose business is to convert a motor vehicle, trailer or semitrailer into processed scrap or scrap metal or otherwise to wreck or dismantle such vehicles. Inoperable abandoned motor vehicle means an aban- doned motor vehicle which is inoperable and whose fair market value, as determined by the Commissioner of Revenue, is less than the cost of its restoration to an operable condition. §20-102. Abandoned vehicles may be taken into custody. The city manager, acting through the chief of police, may take or cause to be taken into custody and dispose of any abandoned motor vehicle. In such connec- tion, the city may employ city personnel, equipment and facilities or hire persons, equipment and facilities or firms or corporations who may be independent contractors for removing, preserving and storing abandoned motor vehicles. §20-103. Notice to owner of vehicle taken into custody. (a) When the city takes an abandoned motor vehicle into custody, the chief of police shall, within fifteen (15) days, by registered or certified mail, return receipt requested, notify the owner of record of the motor vehicle and all persons having security interests in the vehicle of record, that it has been taken into custody. The notice shall (i) state the year, make, model and serial number of the abandoned motor vehicle; (ii) set forth the location of the facility where it is being held; (iii) inform the owner and any persons having security interests of their right to reclaim it within fifteen (15) days after the date of the notice, after payment of all towing, preservation and storage charges resulting from placing the vehicle in custody. The notice shall state that the failure of the owner or persons having security interests to reclaim the vehicle within the time provided shall constitute (i) a waiver by the owner and all persons having any security interests of all right, title and interest in the vehicle, and (ii) consent to the sale of the abandoned motor vehicle at a public auction. (b) If records of the Department of Motor Vehicles contain no address for the owner or no address of any person shown by the Department's records to have a security interest, or if the identity and addresses of the owner and all persons having security interests can- not be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pur- suant to this section as to any person who cannot be notified pursuant to the foregoing provisions of this section. Notice by publication may contain multiple listings of abandoned motor vehicles. Any notice of this kind shall be within the time requirements prescribed by this section for notice by mail and shall have the same contents required for a notice by mail. (c) The consequences of failure to reclaim an abandoned motor vehicle shall be as set forth in a notice given in accordance with and pursuant to this section. §20-104. Sale of vehicle at public auction; disposition of proceeds. If an abandoned motor vehicle is not reclaimed as provided above, the city or its authorized agent shall, notwithstanding the provisions of §46.2-617, Code of Virginia, sell it or cause it to be sold at public auc- tion. The purchaser of the motor vehicle shall take title to the motor vehicle free of all liens and claims of ownership of others, shall receive a sales receipt at the auction and shall be entitled to apply to and receive from the Department of Motor Vehicles a cer- tificate of title and registration card for the vehicle. The sales receipt from the sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking or dismantling, and in that case no further titling of the vehicle shall be necessary. From the proceeds of the sale of an aban- doned motor vehicle the city or its authorized agent shall reimburse itself for the expenses of the auction, the cost of towing, preserving and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred pursuant to this division. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned motor vehicle or any person having security interests therein, as their interests may appear, for ninety (90) days, and then be deposited with the treasurer of the city. §20-105. Vehicles abandoned in garages. Notwithstanding §20-101 above, any motor vehicle, trailer, semitrailer or part thereof shall be considered abandoned and may be reported by the garagekeeper to the city if it has been left in a garage for more than ten (10) days or for more than the (10) days beyond the period the vehicle was to remain on the premises pur- suant to a contract, after notice by registered or cer- tified mail, return receipt requested, to the owner of record and all persons having security interests of record therein, to reclaim the vehicle within fifteen (15) days of the notice. Any abandoned motor vehicle left in a garage may be taken into custody by the city in accordance with the provisions of this division, and shall be subject to the notice and sale provisions set forth in this division. If however, the vehicle is reclaimed, the person reclaiming it, in addition to the other charges required to be paid, shall pay the reason- able charges of the garagekeeper unless otherwise pro- vided by contract. If the vehicle is sold pursuant to the provisions of this division, any garagekeeper's charges shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction, the costs of towing, preserving and storing the vehicle which resulted from placing the vehicle in custody and all notice and publication costs. For the purposes of this section, "garage" means any commercial parking place, motor vehicle storage faci- lity, or establishment for the servicing, repair, main- tenance or sale of motor vehicles whether or not the vehicle had been brought to that location with the con- sent of the owner or person in control of the premises, and "garagekeeper" means the operator of a garage. 393 394 §20-106. Disposition of inoperable abandoned vehicles. Notwithstanding any other provisions of this Chapter, any inoperable abandoned motor vehicle, which has been taken into custody pursuant to other provisions of this Chapter, may be disposed of to a demolisher, without the title and without the notification proce- dures, by the city or by the person on whose property or in whose possession the motor vehicle is found. The demolisher on taking custody of the inoperable abandoned motor vehicle shall notify the Department of Motor Vehicles, on forms and in the manner prescribed by the Commissioner. Notwithstanding any other provision of law, no other report or notice shall be required in this instance. §21-40.1. Open storage of inoperative vehicles in residential or commercial or agricultural districts. (a) It shall be unlawful for any person to keep or store, except within a fully enclosed building or struc- ture, or otherwise shielded or screened from view, on any property zoned for residential or commercial or agricultural purposes, any motor vehicle, trailer or semitrailer, as such are defined in section 46.2-100 of the Code of Virginia, which is inoperative. As used in this section, an "inoperative motor vehicle" shall mean any motor vehicle which is not in operating condition or which, for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. 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 October 1, 1989. ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1989. No. 29789-10289. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Sewage and Capital Funds Appropriations, and providing for an emergency, tions, WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Sewage and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: SEWAGE FUND Appropriations Capital Outlay From Revenue $ 6,906,986.00 Williamson Road Storm Drain Ph. 2, Contract IG (1).. 413,855.00 Retained Earnings Retained Earnings - Unrestricted (2) ..................... $13,277,115.00 395 CAPITAL FUND Approp ri ati ons Sanitation $10,887,027.00 Williamson Road Storm Drain Ph. 2, Contract IG (3).. 696,710.00 Fund Balance Reserved Fund Balance - Unappropriated (4) ............... $ 2,516,168.00 1) 2) 3) 4) Appr. from General Revenue Retained Earnings - Unrestricted Appr. from General Revenue Reserved Fund Bal. Unappropriated (003-056-8449-9003) (003-3336) (008-052-9639-9003) (008-3325) $ 413,855.00 (413,855.00) 696,710.00 (696,710.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: p~ City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1989. No. 29790-10289. AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for construction of Williamson Road Storm Drain Phase 2, Contract IG, Left Segment, upon certain terms and conditions, and awarding a contract therefore; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Aaron J. Conner, General Contractor, Inc., made to the City in the total amount of $1,009,604.20 for construction of Williamson Road Storm Drain, Phase 2, Contract IG, Left Segment, such bid being in full compliance with the City's plans and specifications made therefor and as pro- vided 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:/~_~~~7~' F~ City Clerk Mayor 396 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1989. No. 29791-10289. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS City Information Systems $1,876,013.00 Capital Outlay (1) ................................... 286,192.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) ...................... $1,660,827.00 1) Other Equipment (006-050-1601-9015) $ 90,000.00 2) Retained Earnings - Unrestricted (006-3336) (90,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 2~ City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1989. No. 29792-10289. AN ORDINANCE accepting the bid of Varney Electric Company, Incorpo- rated, for providing and installing a new Uninterruptible Power Source System for City Information Systems in Municipal North, 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 as follows: 1. The bid-of Varney Electric Company Incorporated, made to the City in the total amount of $84,500.00 for providing and installing a new Uninterrup- tible Power Source System for City Information Systems in Municipal North, 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. 397 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 2nd day of October, 1989. No. 29793-10289. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Nondepartmental $11,182,798.00 Transfers to Other Funds (1) ........................ 9,074,169.00 Fund Balance Capital Maintenance & Equipment Replacement Program - City (2) ................................................ $ 5,327,014.00 CAPITAL FUND Appropriations Streets and Bridges $ 5,600,908.00 Brandon Avenue Land Purchase (3) .................... 10,000.00 1) Transfers to Capital (001-004-9310-9508) $ 10,000.00 2) CMERP - City (001-3323) (10,000.00) 3) Appr. from Gen. Revenue (008-052-9638-9003) 10,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk 9 8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1989. No. 29794-10289. AN ORDINANCE providing for the acquisition of real estate needed by the City for widening Brandon Avenue, S. W., authorizing the City Manager to affix a certain limit of the consideration to be offered by the City for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owner(s). BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the purpose of acquiring property to widen Brandon Avenue, S. W., the City wants and needs property located at 917 Brandon Avenue, S. W., Official Tax No. 1250322, 901-911 Brandon Avenue, S. W., Official Tax Nos. 1250324, 1250326, 921 Brandon Avenue, S. W., Official Tax No. 1250321, and Official Tax No. 1250319, as set forth in the report of the Water Resources Committee on this subject dated October 2, 198g, on file in the Office of 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 parcels for such consideration as the City Manager may deem appropriate subject to applicable statutory guidelines and not to exceed $10,000.00 in total. 2. Subject to the foregoing, 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. Upon the acceptance of any offer and delivery to the City of a deed, approved as to form and execution by the City Attorney, Director of Finance is directed to pay the respective considerations to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make a motion on behalf of the City for entry of an order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right-of-entry. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay the Court the sums offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordinance to each property owner. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 1989. No. 29797-10289. 399 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $ 8,088,404.00 City Council (1) .................................... 257,159.00 Nondepartmental $11,842,383.00 Contingency - General Fund (2) ...................... 552,997.00 1) Gratuities (001-001-1110-2155) $ 6,500.00 2) Contingency (001-002-9410-2199) (6,500.00) 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 9th day of October, 1989. No. 29795-10989. AN ORDINANCE authorizing the donation by the City of certain City-owned property to the Roanoke Redevelopment and Housing Authority, 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 of Roanoke, the appropriate special warranty deed of conveyance to the City of Roanoke Redevelopment and Housing Authority for Lot 40, Gale & Andrews Map, bearing Official Tax No. 2021779, as more particularly set forth in the report of the Water Resources Committee to this Council dated October 2, 1989. APPROVED ATTEST: City Clerk 400 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29796-10989. AN ORDINANCE authorizing the proper City officials to enter into a lease between the City and the Jefferson Center Foundation, Ltd., for use of certain office space in the Department of Parks, Recreation and Grounds Maintenance Building on Reserve Avenue, S. W., upon certain terms and con- ditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk be, and they are hereby, authorized to execute and attest, respectively, for and on behalf of the City of Roanoke, a lease, in such form as is approved by the City Attorney, with the Jefferson Center Foundation, Ltd., for use of office space at the Office of Department of Parks, Recreation and Grounds Maintenance, 210 Reserve Avenue, S. W., until January 31, 1990, and thereafter subject to the City Manager's concurrence on a month-to-month basis. Lessee shall agree to indemnify and hold harmless the City, its officers, agents and employees, and provide public liability insurance in the minimum amount of $1,000,000. Such lease shall contain such other terms and conditions as are approved and required by the City Manager. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29800-10989. A RESOLUTION authorizing the City Manager to make application to the Virginia Department of Housing and Community Development for the amendment of the area of the City's existing Enterprise Zone to to include three additional areas and to delete one area currently in such Enterprise Zone. WHEREAS, there are additional areas within the City of Roanoke which areas are eligible for designation as an Enterprise Zone; WHEREAS, the Virginia Enterprise Zone Act of 1982 authorizes the amend- ment of an existing Enterprise Zone, thus making qualified business firms which locate or expand within such an amended zone eligible for significant credits on State taxes; WHEREAS, the designation of additional areas of the City as part of the Enterprise Zone has the potential to stimulate significant private sector investment within the City in an area where such business and industrial growth would result in much needed neighborhood revitalization; and WHEREAS, this Council, acting in its capacity as governing body of the City of Roanoke, has held a public hearing on the proposed amendment, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on the proposed amendment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is authorized, for and on behalf Of the City, to make application to the Virginia Department of Housing and Community Development for an amendment to the existing Enterprise zone pursuant to the provisions of the Virginia Enterprise Zone Act of 1982, to include in such zone those areas designated for inclusion in a report of the City Manager to Council dated October 9, 1989, and to exclude one area designated for exclusion in such report. 2. The City Manager or the Assistant City Manager is authorized to submit to'the Virginia Department of Housing and Community Development any addi- tional information necessary for the Department's review and consideration of the City's application for an amendment to the existing Enterprise Zone. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29801-10989. A RESOLUTION approving the plan of financing of the Industrial Develop- ment Authority of the City of Roanoke, Virginia, for the benefit of Virginia Transformer Corp., 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 Transformer Corp. (the "Company"), whose principal office is at 1634 Siebel Drive, N. E., Roanoke, Virginia, requesting the Authority to issue up to an additional $400,000.00 of its industrial dev3elopment revenue bonds which are to be aggregated with its $4,000,000.00 in industrial revenue bonds heretofore approved (the "Bonds") to assist the Company in purchasing land, constructing a manufacturing facility thereon and acquiring certain equipment to be used in its manufacturing operations (such land, facility and equipment being referred to herein as the "Project") to be located at the end of Glade View Drive, N. E. (across from the Tultex plant), in the City of Roanoke, Virginia, and has held a public hearing thereon on October 9, 1989. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Internal Revenue Code"), provides that the governmental unit having jurisdiction over the issuer of revenue bonds and over the area in which any facility financed with the proceeds of revenue bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia {the "City"), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the aforesaid Bonds in the aggregate principal amount of $4,400,000.00 by the Authority for the benefit of the Company, as required by Section 147(f) of the Internal Revenue Code, to per- mit the Authority to assist in the financing of the Project. 402 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project of 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. e This Resolution shall take effect immediately upon its adoption. APPROVED City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29802-10989. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Education $17,068,574.00 Licensed Practical Nursing (1) ...................... 575.00 REVENUE Education $17,068,574.00 Licensed Practical Nursing (2) ...................... 575.00 1) Tuition (035-060-6334-0382) $575.00 2) Federal Grant Receipts (035-060-6420-1102) 575.00 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 9th day of October, 1989. No. 29803-10989. 4O3 AN ORDINANCE to amend and reordain certain sections of the i989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $11,940,161.00 Social Services - Services (1) ...................... 4,703,123.00 REVENUE Grants-in-Aid Commonwealth $51,610,147.00 Welfare (2) ......................................... 7,094,958.00 1) Purchased Services (001-054-5314-3160) $15,860.00 2) Purchased Services (001-020-1234-0683) ~ 15,860.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29804-10989. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges $5,623,408.00 Downtown Curb & Sidewalk (1) ......................... 493,650.00 Sidewalks, Curb, Gutter, Ph. III (2) ................. 347,054.00 1) 2) Appropriations from General Revenue Appropriations from General Revenue (008-052-9631-9003) (008-052-9604-9003) $ 32,500.00 (32,500.00) 404 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayo' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29805-10989. AN ORDINANCE approving the City Manager's issuance of Change Order No. I to the City's contract with H & S Construction Company, for construction of downtown curb and sidewalk replacement; 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 H & S Construction Company, dated June 12, 1989, related to the construction of downtown curb and sidewalk replacement. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT INCLUDING PREVIOUS CHANGE ORDERS $436,150.00 $436,150.00 Installation of 26 tree grates at appropriate locations on portions of Jefferson Street, First Street, and Second Street, S. W. + 25,350.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. i $461,500.00 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29806-10989. 4O5 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Central Business District Storm Drain (1) ........... Salem Avenue Storm Drain Replacement (2) ............ $10,190,317.00 53,313.00 15,960.00 1) 2) Appropriations from General Revenue Appropriations from General Revenue (008-056-9572-9003) (008-052-9643-9003) $(15,960.00) 15,960.00 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 October, 1989. - No. 29807-10989. AN ORDINANCE authorizing the execution of a contract with Mattern & Craig, P. C., to provide engineering services for replacement of the Salem Avenue Storm Drain; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Mattern & Craig, P. C., for the provision by such firm of engineering services for replacement of the Salem Avenue Storm Drain, as more particularly set forth in the October 9, 1989, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall not exceed the sum of $15,960.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 406 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 gth day of October, 1989. No. 29808-10989. AN ORDINANCE awarding a contract for performing underground traffic signal and fire alarm work, including repairing, rebuilding and/or providing new installations at various locations within the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid, based upon unit prices, as set forth in the City Manager's report dated October 9, 1989, made to the City by Contracting Enter- prises, Inc., for performing underground traffic signal and fire alarm work, including repairing, rebuilding and/or providing new installations at various locations within the City, meeting all of the City's specifications and require- ments made for said work, be and said bid is hereby ACCEPTED. 2. The total amount to be paid to Contracting Enterprises, Inc., for the performance of said work shall not exceed the sum of $150,000.00. 3. The City Manager or his designee is hereby authorized to execute any appropriate documentation, incorporating therein the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordi- nance. 4. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29809-10989. 407 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Nondepartmental Contingency - General Fund (1) ...................... Miscellaneous (2) ................................... $11,848,525.00 559,139.00 253,530.00 REVENUE Due from Cox Cable Roanoke (3) ........................... $ Due from County of Roanoke (4) ........................... Due from Town of Vinton (5) ................... ~ .......... 20,000.00 2,947.00 625.00 1) Contingency (001-002-9410-2199) 2) Cable TV Contract (001-004-9140-2174) 3) Cox Cable Roanoke (001-1242) 4) County of Roanoke (001-1222) 5) Town of Vinton (001-1222) $( 358.00) 23,930.00 20,000.00 2,947.00 625.00 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 9th day of October, 1989. No. 29810-10989. A RESOLUTION consenting to the conduct of wrestling, boxing and sparring exhibitions within the City of Roanoke pursuant to §54.1-810, Code of Virginia (1950), as amended. WHEREAS, there is a desire to conduct wrestling, boxing and sparring exhibitions within the City of Roanoke; WHEREAS, City Council apparently has not consented to the conduct of such wrestling, boxing and sparring exhibitions within the City as required by §54.1-810.B., Code of Virginia (1950), as amended; and WHEREAS, Council is desirous of correcting the foregoing oversight. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 408 1. This Council consents to the conduct of wrestling, boxing and sparring exhibitions within the City pursuant to §54.1-810.B., Code of Virginia (1950), as amended. 2. The Clerk is directed to forward an attested copy of this resolu- tion to David R. Hathcock, Director, Department of Commerce, Commonwealth of Virginia, 3600 West Broad Street, Richmond, Virginia 23230-4917. APPROVED ATTEST: ~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29811-10989. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1990 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been re- sponsible 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 1990 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 2, 1989, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 1990 Session of the General Assembly. 2. The City Clerk is directed to issue cordial invitations to the City's Senator and delegates to the 1990 Session of the General Assembly to attend Council's Special Meeting relating to legislative matters, the date and time of such meeting to be established. APPROVED City Clerk May 409 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 1989. No. 29812-10989. A RESOLUTION expressing concern about housing and homelessness in Roanoke, and urging the appropriate representatives to the United States Senate and House of Representatives to support federal legislation to improve the quality and availability of housing for the homeless and those at risk of becoming homeless. WHEREAS, the Mayor of the City identified the plight of the City's homeless as a major concern in his 1986 State of the City Address; and WHEREAS, the City Manager appointed a task force on homelessness to study the issue of homelessness in the Roanoke Valley; and WHEREAS, the City Manager's Task Force on Homelessness studied home- lessness and low income housing in Roanoke and presented its findings and recom- mendations in a comprehensive report entitled "NO PLACE TO CALL HOME: A STUDY OF HOUSING AND HOMELESSNESS IN ROANOKE, VIRGINIA" in April 1987; and WHEREAS, the report of the City Manager's Task Force has served as a catalyst for the public and private sector to enhance existing services and implement new programs and projects in an attempt to meet some needs of the homeless and those at risk of becoming homeless in the Roanoke Valley; and WHEREAS, there are approximately 14,757 households in the Roanoke Valley whose incomes are near or below poverty guidelines, but only about 4,653 housing units for federal subsidies are available; and WHEREAS, as many as 10,104 households in the Roanoke Valley are at risk of homelessness; and WHEREAS, up to 870 households in the Roanoke Valley may lose their public housing, under current law, due to the expiration of their Section 8 cer- tificates in 1990; and WHEREAS, the availability of safe, decent, and affordable housing is on the decrease, not only in the Roanoke Valley, but also nationwide; and sis. WHEREAS, homelessness is a major element of the nation's housing cri- THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council urges the State's representatives to the United States Senate and local representatives to the United States House of Representatives to support federal legislation to improve the quality and availability of housing for the homeless and those at risk of becoming homeless. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable John Warner, the Honorable Charles S. Robb, Members, United States Senate, and to the Honorable Jim Olin, Member, United States House of Representatives for the 6th District. ATTEST: City Clerk APPROVED 410 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. No. 29798-102389. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential 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 October 9, 1989, 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. 332 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 southeast side of Carvin Street, N. E., fronting 159 feet on Carvin Street, N. E., designated on Sheet No. 332 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3322301 and 3322201 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 Amended Petition to Rezone filed with the City Clerk on September 13, 1989, and that Sheet No. 332 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. No. 29799-102389. 411 AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residen- tial Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 9, 1989, 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. 711 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 1.878 acres located on Mexico Way, N. E., approximately 250 feet from the intersection of Mexico Way and Orange Avenue, N. E., designated on Sheet No. 711 of the Sectional 1976 Zone Map, City of Roanoke, as a portion of Official Tax No. 7110105 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 Amended Petition to Rezone filed with the City Clerk on September 8, 1989, and that Sheet No. 711 of the Zone Map be changed in this respect. APPROVED ATTEST: C+ity Clerk Vice-Mayor 412 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. No. 29813-102389. A RESOLUTION requesting the 1990 Session of the General Assembly of Virginia to enact a certain amendment to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on October 23, 1989, 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 amend ment to the Roa~Ci~-6-~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 1990 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 1990 Session to amend the Roanoke Charter of 1952, as presently amended, by deleting · the words hereinafter shown as stricken and by adding the words hereinafter shown as underscored: §40. Contracts for public improvements; purchases. Any purchase, public work, or improvement, costing more than ten fifteen thousand dollars, except as provided in the next succeeding section, shall be executed by contract. All contracts for more than ten fifteen thousand dollars shall be awarded after public advertisement and competition, as may be prescribed by general law. The City Council shall have the power to reject any and all bids and all advertisements shall contain a reservation of this right. 2. The City Clerk is directed to forthwith, as provided by §15.1-834, Gode of Virginia (1950), as amended, transmit to each of the members o~ the Gp~e~al!AssemblY of Virginia representing the City of Roanoke at the 1990 Se~i~n ~ t~e~isaid Ge~neral Assembly two copies of this resolution setting forth the~ted amendments/to the Roanoke Charter of 1952 to be put into the form ~f ab~i~'~o'§e~l~c~d at the 1990 Session of the General Assembly. ATTEST: APPROVED City Clerk Vice-Mayor 413 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. : , No. 29814-102389. ' ~At~:~ORDINAN~"~6 amend and reordain certain sections of the 1989-90 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 1989-90 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Education $61,384,303.00 Instruction (1-3) ................................... 44,640,381.00 Other Uses of Funds (4) ............................. 804,713.00 GRANT FUND Appropriations Educati on Child Development Clinic (5) ........................ Child Specialty Services (6) ........................ Juvenile Detention Home (7-9) ....................... Artist in Education 89-90 (10-11) ................... High Risk Youth Substance Abuse (12-17) ............. Chess Program 89-90 (18-21) ......................... $20,546,160.00 1,000.00 1,000.00 1,200.00 25,000.00 21,340.00 20,000.00 Revenue Education Child Development Clinic (22) ....................... Child Specialty Services (23) ....................... Juvenile Detention Home (24) ........................ Artist in Education 89-90 (25-26) ................... High Risk Youth Substance Abuse (27-28) ............. Chess Program 89-90 (29) ............................ $20,546,160.00 1,000.00 1,000.00 1,200.00 25,000.00 21,340.00 20,000.00 1) Matching Funds .2) Matching Funds 3) Matching Funds 4) Transfer to Grant Fund 5} Instructional Equipment 6) Instructional Equipment 7) Substitute 8) Instructional Supplies 9) Instructional Equipment 10) Contracted Artists 11) Instructional Supplies 12) Retreat Coordinator 13) Stipends 14) Soc. Security 15) Contracted Services 16) Consultant 17) Travel 18) Teacher Stipends 19) Soc. Security 20) Field Trips 21) Supplies 22) State Grant Receipts 23) State Grant Receipts 24) State Grant Receipts 25) Local Match 26) Federal Grant Receipts 27) Local Match 28) Federal Grant Receipts 29) Contributions (001-060-6001-6201-0588) (001-060-6001-6301-0588) (001-060-6001-6204-0588) (001-060-6005-6999-0911) (035-060-6574-6554-0821) (035-060-6575-6554-0821) (035-060-6576-6554-0021) (035-060-6576-6554-0614) (035-060-6576-6554-0821) (035-060-6813-6201-0381) (035-060-6813-6201-0614) (035-060-6956-6306-0121) (035-060-6956-6306-0129) (035-060-6956-6306-0201) (035-060-6956-6306-0313) (035-060-6956-6306-0381) (035-060-0656-6306-0554) (035-060-6957-6202-0313) (035-060-6957-6202-0201) (035-060-6957-6202-0583) (035-060-6957-6202-0614) (035-060-6574-1100) (035-060-6575-1100) (035-060-6576-1100) (035-060-6813-1101) (035-060-6813-1102) (035-060-6956-1101) (035-060-6956-1102) (035-060-6957-1103) $(5,000.00) (5,000.00) (5,000.00) 15,000.00 1,000.00 1,000.00 300.00 200.00 700.00 24,000.00 1,000.00 1,500.00 8,000.00 727.00 9,795.00 700.00 618.00 9,290.00 710.00 4,000.00 6,000.00 1,000.00 1,000.00 1,200.00 15,000.00 10,000.00 10,671.00 10,669.00 20,000.00 414 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 October, 1989. No. 29815-102389. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $12,039,921.00 Income Maintenance (1) .............................. 3,415,513.00 Revenue Grants-in-Aid Commonwealth $51,679,907.00 Welfare (2) ......................................... 7,164,718.00 1) Indo-Chinese Program (001-054-5313-3150) $22,400.00 2) Indo-Chinese Refugee Program (001-020-1234-0679) 22,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ~ City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. No. 29816-102389. 415 AN ORDINANCE to amend and reordain certain sections of the 1989-90 General FuNd Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the ~$t~.of' Roanoke%'~n en)ergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Crisis Intervention (1) ............................. Juvenile Probation House (2) ........................ Juvenile Detention Home (3) ......................... $25,756,444.00 364,359.00 312,249.00 601,771.00 Revenue Grants-in-Aid Commonwealth $51,602,201.00 Other Categorical Aid (4-6) 13 067 355 O0 1) USDA Expenditures (001-054-3360-3000) $1,830.00 2) USDA Expenditures (001-054-3350-3000) 802.00 3) USDA Expenditures (001-054-3320-3000) 5,283.00 4) USDA Crisis Intervention {001-020-1234-0661) 1,830.00 5) USDA Youth Haven (001-020-1234-0662) 802.00 6) USDA Juvenile Detention Home {001-020-1234-0660) 5,283.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Vice-Mayor ~N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. No. 29817-102389. AN ORDINANCE authorizing the acceptance of a bid and execution of a contract with Cost Containment, Inc., for the provision of inventory and package of food stamps, the mail issuance of food stamps, and the preparation of certain monthly reports for the United States Department of Agriculture; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Cost Containment, Inc., being the only bid received for the provision of inventory and package of food stamps, the mail issuance of food stamps, and the preparation of certain monthly report for the United States Department of Agriculture, is hereby ACCEPTED. 2. The City Manager or his designee and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with Cost Containment, Inc., for the services listed above, at an annual cost of approximately $32,000.00, upon such terms and conditions as more fully set out in the report to this Council dated October 23, 1989. 416 3. The form of the contract with such bidder shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: ~~ City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. No. 29818-102389. AN ORDINANCE accepting the bid of Mine Safety Appliance Company made to the City for furnishing and delivering Breathing Air Cylinders; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Mine Safety Appliance Company, made to the City, offering to supply 130 new Breathing Air Cylinders; meeting all of the City's specifications and requirements therefor, for the total bid price of $36,915.00, which bid is on file in the Office of the City Clerk, be and 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 system ~are here~y~R~JECTED,-and the City Clerk is directed to notify each such bidder a)dtto~e~pre~s, to each the City's appreciation for such bid. · ~~w~..,, ,)m~rlto provide for the usual daily operation of the municipal government, an'emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. No. 29819-102389. 417 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Other Infrastructure $ Special Capital Projects (1-2) ...................... Streets and Bridges Glade View Drive Construction (3) ................... Glade View Drive Engineering (4) .................... 1-581 Interchange N. of lOth (5) .................... Orange Avenue and Granby Street (6) ................. Sidewalks, Curb, Gutter Ph. III (7-8) ............... Sanitation Berkley Road City/State/N & W (9) ................... Williamson Road Storm Drain Phase 2, Cont. IIA (10). Williamson Road Storm Drain Phase 2, Cont. IIB (11). Recreation Field Lighting @ Brickinridge (12) .................. Capital Improvement Reserve Capital Improvement Reserve (13-18) ................. 929,275.00 123,147.00 5,641,254.00 210,574.00 21,725.00 144.00 167,149.00 346,112.00 10,657,725.00 3,739.00 1,173,610.00 1,015,266.00 1,412,745.00 61,617.00 3,885,694.00 1,866,789.00 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) Appropriations from General Revenue Appropriations from General Revenue Appropriations from General Revenue Appropriations from General Revenue Appropriations from General Revenue Appropriations from General Revenue Appropriations from General Revenue Appropriations from Bonds Appropriations from General Revenue Appropriations from Bonds Appropriations from Bonds Appropriations from General Revenue Buildings Econ. Development Williamson Road Storm Drain Parks Streets and Bridges Neighborhood Storm Drain (008-052-9610-9500) (008-052-9610-9585) (008-052-9607-9003) (008-052-9606-9003) (008-052-9601-9003) (008-052-9627-9003) (008-052-9604-9003) (008-052-9604-9001) (008-052-9584-9003) (008-052-9557-9001) (008-052-9558-9001) (008-052-9549-9003) (008-052-9575-9173) (008-052-9575-9178) (008-052-9575-9179) (008-052-9575-9180) (008-052-9575-9181) (008-052-9575-9187) S(14,322.00) (3,403.00) (10,776.00) (8,275.00) (1,856.00) (8,851.00) (7,475.00) (25,967.00) (1,103.00) (39,529.00) (188,670.00) ( 383.00) 14,322.00 20,154.00 228,199.00 383.00 44,149.00 3,403.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice-Mayor 418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. No. 29820-102389. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Internal Service Funds Appropria- tions, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Office of Management and Budget (1) ................ $ City Attorney (2) .................................. Commissioner of Revenue (3) ........................ Treasurer (4) ...................................... General Services (5). Personnel Management i~i~ii~i~ii~ii~i] Registrar (7) ...................................... Circuit Court (8) .................................. Clerk of Circuit Court (9) ......................... Sheriff (10) ....................................... Commonwealth Attorney (11) ......................... Police Administration (12) ......................... Police Investigation (13) .......................... Police Patrol (14) ................................. Police Services (15) ............................... Fire Administration (16) ........................... Fire Technical Services (17) ....................... Fire Operations (18) ............................... Fire Training and Safety (19) ...................... Crisis Intervention Center (20) .................... Building Inspections (21) .......................... Emergency Services (22) ............................ Animal Control (23) ................................ Street Maintenance (24) ............................ Communications (25) ................................ Signals and Alarms (26) ............................ Refuse Collection (27) ............................. Custodial Services (28) ............................ Engineering (29) ................................... Building Maintenance (30) .......................... Grounds Maintenance (31) ........................... Social Services - Administration (32) .............. Income Maintenance (33) ............................ Social Services - Services (34) .................... Employment Services (35) ........................... Nursing Home (36) .................................. Parks and Recreation (37) .......................... Libraries (38) ..................................... Community Planning (39) ............................ Personnel Lapse (40) ............................... ( 320,172.00 492,795.00 793,726.00 613,171.00 418,417.00 603,295.00 171,542.00 130,874.00 825,953.00 1,214,148.00 605,217.00 161,878.00 1,906,364.00 5,644,785.00 1,693,320.00 267,478.00 223,425.00 8,434,225.00 118,290.00 360,879.00 559,085.00 268,758.00 226,000.00 2,398,757.00 1,416,240.00 651,632.00 3,812,683.00 860,285.00 1,192,235.00 3,144,923.00 2,810,748.00 405,341.00 3,360,013.00 4,742,988.00 476,314.00 1,166,816.00 1,264,132.00 1,742,726.00 310,394.00 339,580.00) Revenue Commissioner of Revenue (41)...; ................... $ Treasurer (42) ..................................... Sheriff (43) ....................................... Commonwealth Attorney (44) PA AUministration and Staff Development (45). i~.~ tn)ent Services (46) ..................... ~ 212,612.00 250,859.00 1,034,882.00 444,523.00 3,467,875.00 363,497.00 419 INTERNAL SERVICE FUND Appropriations City Information Systems (47) ...................... $ 1,867,213.00 Materials Control (48) ............................. 136,675.00 Utility Line Services (49) ......................... 2,633,166.00 Motor Vehicle Maintenance (50) ..................... 1,744,046.00 Personnel Lapse (51) ............................... ( 66,200.00) 1) Regul 2) Regul 3) Regul 4) Regul 5) Regul 6) Regul 7) Regul 8) Regul 9) Regul 10) Regul 11) Regul 12) Regul 13) Regul 14) Regul 15) Regul 16) Regul 17) Regul 18) Regul 19) Regul 20) Regul 21) Regul 22) Regul 23) Regul 24) Regul 25) Regul 26) Regul 27) Regul 28) Regul 29) Regul 30) Regul 31) Regul 32) Regul 33) Regul 34) Regul 35) Regul 36) Regul 37) Regul 38) Regul 39) 40) 41) 42) 43) ~44) 45) ar Em)l oyee ar Em)l oyee ar Emil oyee ar Em )l oyee ar Emil oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Emil oyee ar Emil oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Employee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Em)l oyee ar Em')l oyee ar Em)loyee ar Em)l oyee ar Employee ar Employee ar Employee ar Employee ar Employee ar Employee ar Employee ar Employee ar Employee ar Employee Regul ar Employee Personnel Lapse 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 (001-002-1212-1002) (001-003-1220-1002) (001-022-1233-1002) (001-020-1234-1002) (001-050-1237-1002) (001-050-1261-1002) (001-010-1310-1002) (001-072-2110-1002) (001-028-2111-1002) (001-024-2140-1002) {001-026-2210-1002) (001-050-3111-1002) (001-050-3112-1002) (001-050-3113-1002) (001-050-3114-1002) (001-050-3211-1002) (001-050-3212-1002) (001-050-3213-1002) (001-050-3214-1002) (001-054-3360-1002) (001-052-3410-1002) (001-050-3520-1002) (001-050-3530-1002) (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) (001-050-4340-1002) (001-054-5311-1002) (001-054-5313-1002) (001-054-5314-1002) (001-054-5316-1002) (001-054-5340-1002) (001-050-7110-1002) (001-054-7310-1002) (001-052-8110-1002) (001-002-9410-1090) (001-020-1234-0612) (001-020-1234-0613) (001-020-1234-0611) (001-020-1234-0610) Commissioner of Revenue Treasurer Sheriff Commonwealth Attorney p&,A~jnistration & Staff Development (001-020-1234-0676) (36,680.00) 46) Employment Services (001-020-1234-0681) (15,350.00) 47) Regular Employee Salaries (006-050-1601-1002) ( 8,800.00) 48) Regular Employee Salaries (006-050-1613-1002) ( 6,550.00) 49) Regular Employee Salaries (006-056-2625-1002) (15,200.00) 50) Regular Employee Salaries (006-052-2641-1002) ( 3,250.00) 51) Personnel Lapse (006-002-9411-1090) 33,800.00 3,800.00 2,650.00 1,350.00) 2,450.00) 7,000.00) 6,100.00) 4,1oo.oo) 300.00 3,150.00 2,750.00 5,600.00) 5,850.00) 35,750.00 33,800.00) 50,200.00) 12,650.00) 1,700.00) 51,200.00) 7,850.00) 1,650.00) 1,700.00) 3,350.00) 6,350.00) 6,950.00) 19,500.00 2,200.00 24,300.00) 7,950.00) 200.00 11,450.00) lO,OOO.OO) 10,550.00 33,100.00) 23,300.00) 15,350.00) 5,200.00) 8,300.00) 350.00 3,200.00 210,420.00 675.00) 1,225.00) 2,750.00 2,800.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice-Mayor 4-2 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of October, 1989. No. 29821-102389. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant - FY89 Unprogrammeed CDBG (1-3) ............................. Community Development Block Grant - FY90 Unprogrammed CDBG (4) ................................ $2,251,226.00 44,791.00 2,268,618.00 7,175.00 REVENUE Community Development Block Grant - FY89 (5-10) ...... $2,258,401.00 1) Unprogrammed CDBG - Parking Lot Income 2) Unprogrammed CDBG - Rehab. Loans 3) Unprogrammed CDBG - Other Loan 4) Unprogrammed CDBG - Williamson Road Garage 5) Parking Lot Income - RRHA 6) Other Program Income - RRHA 7) Gainsboro Program Income 8) Loan Payment - NNEO 9) Loan Payment - Chemical and Paper Service 10) Williamson Road Garage Program Income (035-088-8840-5183) (035-088-8840-5180) (035-088-8840-5186) (035-089-8940-5182) (035-035-1234-8902) (035-035-1234-8903) (035-035-1234-8905) (035-035-1234-8909) (035-035-1234-8915) (035-035-1234-9007) $33,189.00 7,667.00 3,885.00 7,175.00 33,189.00 7,667.00 446.00 2,876.00 563.00 7,175.00 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 23rd day of October, 1989. No. 29822-102389. A RESOLUTION reappointing two directors of the Industrial Development Authority of the City of Roanoke, to fill four (4) year terms on its board of directors. WHEREAS, the Council is advised that the terms of office of two of 'the directors of the Industrial Development Authority of the City of Roanoke, Virginia, expire on October 20, 1989; 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 Mr. Russell O. Hannabass and Mr. Stanley R. Hale be and they are reappointed as Directors on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for terms of four years, each, commencing on October 21, 1989, and expiring on October 20, 1993, to fill vacancies created by the expiration of the terms of office of said members on the Board occurring on October 20, 1989. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1989. No. 29823-11689. 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 facilities in the downtown area of the City, from November 1, 1989, through January 13, 1990, 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 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: '422 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 6, 1989, pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective from November 1, 1989, through January 13, 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 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 $300,000 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 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: city Clerk APPROVED Mayor 423 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1989. No. 29826-11689. 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 on behalf of the City of Roanoke 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 $44,753.00 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. 03CY0269101 by said Department, upon all of the terms, provisions and con- ditions therein set out, a copy of the aforesaid offer to which is attached the Grant Agreement 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 incor- porated herein by reference. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1989. No. 29827-11689. A RESOLUTION endorsing the request of the owners of Woodridge Apartments on Mountain View Terrace in the City of Roanoke, to the Virginia Housing Development Authority for financing of renovation of 96 housing units, and approving certification of that endorsement to the Virginia Housing Development Authority. BE IT RESOLVED by the Council of the City of Roanoke that the request for refinancing and renovation of 96 housing units at Woodridge Apartments on Mountain View Terrace in the City of Roanoke, Virginia, is endorsed by this Council and the Mayor is hereby authorized to certify such approval to the Virginia Housing Development Authority. ATTEST: ~~ City Clerk APPROVED 424 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1989. No. 29828-11689. A RESOLUTION endorsing the request of the owners of Brittany Apartments on Westside Boulevard, in the City of Roanoke, for financing of renovation of 300 housing units, and approving certification of that endorsement to the Virginia Housing Development Authority. BE IT RESOLVED by the Council of the City of Roanoke that the request for refinancing and renovation of 300 housing units at Brittany Apartments on Westside Boulevard, in the City of Roanoke, Virginia, is endorsed by this Council and the Mayor is hereby authorized to certify such approval to the Virginia Housing Development Authority. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 1989. No. 29836-11689. A RESOLUTION supporting the proposed Western Regional Forensic Science Laboratory. WHEREAS, the Virginia Department of General Services, Division of Consolidated Laboratories, has proposed the construction of a new Regional Forensic Science Laboratory in this area; WHEREAS, law enforcement efforts will be assisted by the improved faci- lities and equipment; WHEREAS, new employment opportunities for the residents of the Roanoke Valley and the rest of Southwest Virginia will be provided; and WHEREAS, the proposed Laboratory will contain the Medical Examiner's Office, Forensic, Microbiology and Chemistry Laboratories and be the first multifunctional regional laboratory in Virginia. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council supports the Virginia Department of General Services, Division of Consolidated Laboratories in its efforts to build the new Regional Forensic Science Laboratory in the area. 2. The City Clerk is directed to transmit an attested copy of this Resolution to Dr. T. W. Tiedemann, Director, Virginia Department of General Services, Division of Consolidated Laboratories. APPROVED ATTEST: City Clerk Mayor 4.25 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29824-111389. AN ORDINANCE authorizing the execution of Amendment No. 1 to Short Term CDBG Float Loan Agreement, with Downtown Associates and Dominion Bank, in order to provide for the extension of the term of the loan, upon certain terms and conditions. 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 has requested an extension of the loan period to November 23, 1990, in order 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 and the City Clerk are authorized to execute and to seal and attest, respectively, for and on behalf of the City, Amendment No. 1 to Short Term CDBG Float Loan Agreement, dated November 5, 1987, which Agreement provided for the loan of $962,000.00 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;.such Amendment to be in the form as is attached to the report of the City Manager dated November 6, 1989, and to be subject to the terms and conditions therein; such Amendment to be approved as to form by the City Attorney. ATTEST: APPROVED City Clerk Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29825-111389. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Grant Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $371,951.00 Runaway and Homeless Youth Grant (1-9) ................ 44,753.00 REVENUE Health and Welfare $371,951.00 Runaway and Homeless Youth Grant (10) ................. 44,753.00 1) Regular Employee Salaries 2) Fringe Benefits 3) Travel 4) Admin, Supplies 5) Training and Development (035-054-5126-1002) (035-054-5126-1100) (035-054-5126-2051) (035-054-5126-2030) (035-054-5126-2044) $30,237.00 11,188.00 200.00 472.00 350.00 426 6) Local Mileage 7) Program Activities 8) Telephone 9) Fees for Prof. Services 10) Federal Grant Receipts (035-054-5126-2046) (035-054-5126-2066) (035-054-5126-2020) (035-054-5126-2010) (035-035-1234-7082) 400.00 1,120.00 186.00 600.00 44,753.00 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 November, 1989. No. 29829-111389. 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 §26-43, Definitions, subsections (b) and (i) of §26-44, General requirements, §26-45, Prohibited discharges generally, subsection (b) of §26-46, Discharge of heav~ metals and toxic materials, subsec- tion (a) of §26-56, Discharge permits for industrial waste, and adding new sub- sections (c) and (d) to §26-66, Penalty for violations, of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, such code amen~ and additions improving and increasing the protection program for the City's publicly owned treatment works. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 26-43, Definitions, subsections (b) and (i) of §26-44, General requirements, §26-45, Prohibited discharges generally, subsection (b) of §26-46, Discharge of heavy metals and toxic materials, subsection (a) of §26-56, Discharge permits for industrial waste, and §26-66, Penalty for violations, of Article III, Sewer Use Standards,~apter 26, Sewers and Sewage Disposal, are hereby amended and reordained to read and provide as follows: §26-43. Definitions. Approving Authority for purposes of this Article only shall mean the City Manager or his duly authorized represen- tative and shall be equivalent to control authority. Standard Industrial Classification (SIC) means classifi- cation pursuant to the Standard Industrial Classification Manual issued by the Executive Office of Management and Budget, 1987, as amended. §26-44. General requirements. (b) No significant industrial user or other user as determined by the approving authority shall discharge industrial wastewaters into the sanitary sewer system without an appropriate industrial waste discharge permit as provided in this article. (h) A person discharging in violation of the provisions of this article, within thirty {30) days of the date of such discharge, shall sample, analyze and submit the data to the approving authority unless the control authority elects to perform such sampling. [ end of section ] §26-45. Prohibited discharges generally. (a) No person shall discharge into public sewers any waste which, by itself or by interaction with other wastes, may: (1) Injure or interfere with wastewater treatment pro- cesses or facilities. (2) Constitute a hazard to humans or animals. (3) Create a hazard in receiving waters of the wastewater treatment plant effluent. (4) Generate heat in amounts which will inhibit biolo- gical activity in the plant resulting in inter- ference, and in no case heat in such quantities that the temperature at the plant exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the approving authority approves alternate temperature limits. (b) Discharges into public sewers shall not contain: (1) Anti freeze. (2) Fluoride other than that contained in the public water supply. (3) Chlorides in concentrations greater than 250.mg/1. (4) Gasoline, benzene, naphtha, fuel oil or other flam- mable or explosive liquid, solid or gas. (5) Substances causing a chemical oxygen demand (COD) greater than 1,500.mg/1 in the wastewater. (6) Strong acid or concentrated plating solutions, whether neutralized or not. (7) Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at tem- peratures between thirty-two (32.) degrees and one hundred fifty (150) degrees Fahrenheit (0.° and 65.° Centigrade). (8) Obnoxious, toxic or poisonous solids, liquids, or gases in quantities sufficient to violate the pro- visions of subsection (a) of this section. (9) Waste, wastewater or any other substance having a pH lower than 5.5 or higher than 9.5, or any other substance with a corrosive property capable of causing damage or hazard to structures, equipment and personnel at the wastewater facility. (10) Substances which cause a COD to BOD ratio greater than 5. (11) Waste, wastewater or any other substance containing phenols, hydrogen sulfide or other taste-and-odor producing substances that have not been minimized. After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. 427 428 (c) Prohibited heavy metals include, but are not limited to: (1) (2) (3) (4) (5) (6) (7) (8) (9) (lO) (11) (12) ~26-46. Antimony. Beryllium. Bismuth. Cobalt. Molybdenum. Uraniumion. Rhenium. and toxic materials Strontium. Tellurium. Herbicides. Fungicides. Pesticides. Technical based local limits. The maximum allowable concentrations of heavy (b) metals and toxic materials stated in terms of milligrams per liter (mg/L.), determined on the basis of individual sampling in accordance with "Standard Methods" are: (1) Arsenic: .25 mg/L. (2) Barium: 5.0 mg/L. (3) Boron: 1.0 mg/L. (4) Cadmium: 0.02 mg/L. (5) Chromium, Total: 2.0 mg/L. (6) Chromium VI: .011 mg/L. (7) Copper: 1.0 mg/L. (8) Lead: .2 mg/L. (9) Manganese: 1.0 mg/L. (10) Mercury: 0.005 mg/L. (11) Nickel: 2.0 mg/L. (12) Selenium: 0.02 mg/L. (13) Silver: 0.1 mg/L. (14) Zinc: 2.0 mg/L. (15) Cyanide: 1.0 mg/L. In addition, if it is determined that any one of these para- meters exceeds the state effluent requirements for the wastewater treatment plant, an adjustment in the given para- meter concentration limit will be required. To accomplish this, the industrial discharge permits for industries discharging the particular compound will be adjusted to insure compliance. §26-56. Discharge.permits for industrial waste. (a) It shall be unlawful for any significant industrial user or other user as determined by the approving authority to discharge industrial waste into the public sanitary sewer system unless an appropriate Industrial Discharge Permit has been issued by the approving authority. In order to obtain an Industrial Discharge Permit, such person shall: (1) Submit a complete application at least ninety (90) days prior to the date proposed for initial discharge on forms supplied by the approving authority. The approving authority will act upon the application within sixty (60) days. (2) Comply with all requirements for the discharge per- mit including, but not limited to, provisions for payment of charges, installation and operation of pretreatment facilities and sampling and analysis to determine quantity and strength. (3) Provide a sampling point subject to the provisions of this article and approval of the approving authority. (4) Comply with the requirements of federal categorical standards, where applicable, including the develop- ment of any required compliance schedules or the applicable provisions of this article. §26-66. Penalty fOr violations. (c) Any person who knowingly makes any false state- ments, representations or certifications in any application, record, report, plan or other document files required to be maintained pursuant to this ordinance, or wastewater permit, or who falsifies, tampers with, or knowingly renders inac- curate any monitoring device or method required under this ordinance shall, upon conviction, be punishable by a fine of $1,000.00 per violation, per day, or imprisonment for not more than one year, or both. (d) The approving authority shall be authorized to implement such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate. ATTEST: APPROVED City Clerk Vi ce-Mayor 429 430 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29830-111389. AN ORDINANCE providing for the purchase of two pickup trucks for use by the City, 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 ORDAINED by the Council of the City of Roanoke that: 1. The bid of Dominion Car Company, made to the City offering to fur- nish and deliver to the City, f.o.b., Roanoke, Virginia, two one-half ton pickup trucks for use at the Water Pollution Control Plant for the sum of $23,142.40, 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. 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29831-111389. AN ORDINANCE providing for lease of two (2) motor vehicles for use by the Sheriff's Department, upon certain terms and conditions, by accepting a bid made to the City for the lease of such vehicles. BE IT ORDAINED by the Council of the City of Roanoke that; 1. The bid of Magic City Motor Corporation made to the City offering to lease to the City for use by the Sheriff's Department two (2) new 4-door 1990 Ford Crown Victorias for a term of forty-eight (48) months at a charge of $412.78 per month per unit, is hereby ACCEPTED. Upon payment of the last monthly charge, title to the vehicles shall be transferred to the City. 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. ATTEST: City Clerk APPROVED Vice-Mayor 431 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29832-111389. AN ORDINANCE 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, 1989, to October 31, 1990; and rejecting all other bids made to the City. BE IT ORDAINED 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, 1989, to October 31, 1990, for the price of $1.75 cwt on 48,000 pounds per load, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29833-111389. AN ORDINANCE accepting a bid for furnishing deicing salt to the City; and rejecting other bids. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Cargill Incorporated to furnish 1,000 tons, more or less, of deicing salt to the City at a unit price of $43.09 per ton, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned deicing salt in such amounts as may be needed by the City, said purchase orders to be made and filled in accordance with the City's specifications, the bidder's pro- posal made therefor and in accordance with this ordinance. 3. Any and all other bids made to the City for the supply of deicing salt are hereby REJECTED, and the City Clerk is directed to so notify each said bidder and to express to each the City's appreication for its bid. ATTEST: City Clerk APPROVED Vi ce-Mayor 432 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29834-111389. AN ORDINANCE authorizing execution by the proper City officials of cer- tain quitclaim deeds in connection with the vacation of street right-of-way located at Troxell Street, S. E. 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 and prepared by the requesting parties quitclaim deeds for Lot 12, Block i and Lot 1, Block 1, J. W. Liptrap Map in favor of Melvin C. and Shirley Perdue and the Garden City Baptist Church, respectively, as more particularly set forth in the report to this Council dated November 6, 1989. ATTEST: APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 2983§-111389. AN ORDINANCE authorizing transfer of the Veterans' Park property from the City of Roanoke to the Commonwealth of Virginia upon certain terms and con- ditions. 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 an appropriate quitclaim deed transferring ownership of the 16.804 acre site on Shenandoah Avenue, N. W., known as Veterans' Park, further identified as Official Tax No. 6010602 to the Commonwealth of Virginia, said transfer to be subject to and conditioned upon the Secretary of Interior's execution of such instruments as may be necessary to remove restrictions that the property be used exclusively for public parks or public recreation purposes in perpetuity and such other terms and conditions as more specifically set forth in the report to this Council dated November 6 1989. , APPROVED ATTEST: ~~ City Clerk Vice-Mayor 433 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29841-111389. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Education $61,659,303.00 General Support (1) ................................ 12,085,880.00 Non-departmental 13,773,154.00 Residual Fringe Benefits (2) ....................... 1,480,951.00 Transfers to Other Funds (3) ....................... 11,327,489.00 Revenue General Property Taxes Personal Property Tax (4) .......................... Other Local Taxes Business & Occupational License (5) ................ Prepared Food and Beverage Tax (6) ................. Grants-in-Aid Commonwealth Other Categorical Aid (7) .......................... Charges for Current Services Health Charges (8) ................................. $45,501,500.00 1,185,000.00 35,423,000.00 6,980,000.00 4,460,000.00 51,679,356.00 13,097,010.00 3,584,772.00 750,000.00 CAPITAL FUND Appropriations Education Asbestos Abatement (9) ............................ Capital Improvement Reserve (10) .................. $ 8,404,990.00 648,520.00 4,809,857.00 1) Health Insurance 2) Hosp. Ins. 3) Transfer to Capital Proj. Fund 4) Current Year Personal Prop. Tax 5) Current Bus. License 6) Prepared Foods & Bev. Tax 7) Street Maintenance 8) City Home Medicaid Reimburs. 9) Approp. from Gen. Rev. 10) FY90 Revenue Adjustment (001-060-6002-6666-0204) (001-004-9110-1125) (001-004-9310-9508) (001-020-1234-0130) (001-020-1234-0220) (001-020-1234-0250) (001-020-1234-0650) (001-020-1234-0840) (008-060-6069-9003) (008-052-9575-9188) $ 275,000.00 163,951.00 1,574,703.00 1,185,000.00 380,000.00 359,000.00 29,654.00 60,000.00 648,520.00 926,183.00 434 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 13th day of November, 1989. No. 29842-111389. AN ORDINANCE 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; and providing for an emergency. BE IT ORDAINED 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, 1990, and ending December 31, 1990, .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 13, 1989, and the attach- ments thereto. Said contract shall be delivered, if possible, to the City not later than December 15, 1989, 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. 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29843-111389. A RESOLUTION authorizing a revocable permit to Crestar Bank for the attachment or installation of certain holiday decorations to certain City-owned trees in Colonial Plaza, upon certain terms and conditions. WHEREAS, Crestar Bank (hereinafter "Permittee") has requested that City Council authorize Permittee to attach or install certain holiday decorations on certain City owned trees in Colonial 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: 435 1. Permission is hereby granted to Permittee to attach, install and maintain certain holiday decorations in or on City trees in Colonial Plaza adja- cent 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 24, 1989, through January 15, 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, including City pro- perty, growing out of or directly or indirectly resulting from the permission herein granted; (c) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing general public liability occurrence type insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, 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 decora- tions; 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. ATTEST: ~Jt/t~~ City Clerk APPROVED Vice Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29844-111389. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation $9,057,107.00 Statesman Industrial Park, Route 460 Watershed Study (1) ....................................... 15,000.00 Capital Improvement Reserve 3,558,064.00 Capital Improvement Reserve (2) ................... 32,687.00 436 1) Appropriations from General Revenue (008-052-9644-9003) $ 15,000.00 2) Storm Drains (008-052-9575-9176) (15,000.00) 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 13th day of November, 1989. No. 29845-111389. AN ORDINANCE authorizing the execution of a contract with Mattern & Craig, P. C., to provide engineering services for a watershed study for the Statesman Industrial Park and Route 460; and providing for an emergency. BE IT ORDA'INED 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 a watershed study for the Statesman Industrial Park and Route 460, as more particularly set forth in the November 13, 1989, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall not exceed the sum of $15,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: ~~4_~- City Clerk APPROVED Vice-Mayor 437 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29846-111389. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety $25,764,857.00 Police Patrol (1) ................................. 5,793,747.00 FUND BALANCE Capital Maintenance and Equipment Replacement Program (2) ..................................... $ 4,935,552.00 1) Vehicular Equip. (001-050-3113-9010) $ 148,962.00 2) CMERP - City (001-3332) (148,962.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED Vi ce-Mayor City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of November, 1989. No. 29847-111389. AN ORDINANCE providing for the purchase of marked police automobiles for use by the City, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; rejecting other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Berglund Chevrolet, Inc., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, ten new 1990 4-door sedans, marked police automobiles, such items being more particularly described in the City's specifications therefor for the sum of $148,961.20, 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. 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. 438 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 20th day of November, 1989. No. 29837-112089. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally rezoned from RS-3, Residential Single Family District to RM-1, Residential Multi-Family. WHEREAS, application has been made to the Council of the City of Roanoke to amend certain conditions presently binding upon a a tract of land located at the end of Hawthorne Road, N. W., being Lots 4A and SA, Map of Airlee Court, containing 0.253 and 0.217 acres, respectively, designated on Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2190408 and 2190409, which property was previously conditionally rezoned by the adoption of Ordinance No. 29602, adopted on June 19, 1989; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 13, 1989, 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that certain of the conditions now binding upon the hereinafter described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition to Amend Proffered Conditions filed with the City Clerk on September 13, 1989, and in accordance with the recommendations recommendations of the Planning Commission made to Council on November 13, 1989. 2. All other conditions proffered by the applicant and approved by the Council's adoption of Ordinance No. 29602, on June 19, 1989, shall remain unchanged and in effect as proffered. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29838-112089. 439 AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 276, 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, Low Density District District, to C-1, Office District, subject-to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 13, 1989, 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. 276 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 3834 Virginia Avenue, N. W., being Block 23, Lot i of Washington Heights, designated on Sheet No. 276 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2761501 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 with the City Clerk on October 11, 1989, and that Sheet No. 276 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED 440 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29839-112089. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 306, 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 District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission,~which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 13, 1989, 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. 306 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 City of Roanoke, Virginia, at 1015 Georgia Avenue, N. E., more particularly described as Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 6, Fairmont, designated on Sheet No. 306 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3061401 be, and is hereby rezoned from RM-1, Residential Multi-Family, Low Density District District, to C-1, Office District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on October 12, 1989, and that Sheet No. 306 of the Zone Map be changed in this respect. APPROVED ATTEST: City C1 erk 441 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29840-112089. AN ORDINANCE permanently discontinuing a certain public right-of-way as a public right-of-way and transferring the real property formerly dedicated a public right-of-way to the control of the Parks and Recreation Department of the City of Roanoke, as is more particularly described hereinafter. WHEREAS, David D. Beidler and Melissa E. Kane 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; and WHEREAS, a public hearing was held on said application by the City Council on November 13, 1989, 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 discontinuing said public right-of-way as a public right-of-way and transferring the real property formerly dedicated as a public right-of-way to the control of the Parks and Recreation Department of the City of Roanoke, Virginia. 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: As alley 25 feet wide, and approximately 656.75 feet long, alongside the western border of petitioners' property at 929 Mountain View Terrace, S. W., along the back property lines of those property owners on the west side of the alley, and leading from Mountain View Terrace into Norwich Park. be, and it hereby is, permanently discontinued as a public right-of-way and transferred to the control of the Parks and Recreation Department of the City of Roanoke, Virginia, and that all right and interest of the public in and to the right-of-way as a right-of-way be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the dis- continued portion of the former right-of-way, as set forth in the report of the Planning Commission to Council dated November 13, 1989, 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, storm drainage, television cable, electric wires, gas lines, telephone lines, and re- lated 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. 442 BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "discontinued as street only" 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 City Manager is authorized to have pre- pared and. to execute and/or record any and all doCuments in form acceptable to the City Attorney or plats to property in order to effect the above-described transfer. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29848-112089. A RESOLUTION authorizing the appropriate City officials to execute the appropriate documentation accepting a video collection of tapes from the John D. and Catherine T. MacArthur Foundation for the Roanoke City Public Library. WHEREAS, the City accepted a grant from the John D. and Catherine T. MacArthur Foundation in the form of a video collection valued at approximately $6,300.00, to be used by the Roanoke City Public Library in November, 1989; and WHEREAS, twenty-three video cassettes valued in excess of $7,000.00 were recently received by the Library from the Foundation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or his designee is hereby authorized to execute the appropriate documents, in form approved by the City Attorney, accepting the generous gift of twenty-three video cassettes valued in excess of $7,000.00 from the John D. and Catherine T. MacArthur Foundation. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29849-112089. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 443 APPROPRIATIONS Fifth District Employment & Training Consortium - FY89 (1-10) .......................................... Fifth District Employment & Training Consortium - FY90 (11-40) ......................................... $2,183,513.00 1,206,369.00 REVENUE Fifth District Employment & Training Consortium - FY89 (41) ............................................ Fifth District Employment & Training Consortium - FY90 (42-44) ......................................... $2,183,513.00 1,206,369.00 1) Wages 2) Fringes 3) Travel 4) Communications 5) Supplies 6) Insurance 7) Contr. Services 8) Leases 9) Equipment 10) Miscellaneous 11) Wages 12) Fringes 13) Travel 14)~ Communications 15) Supplies 16) Insurance 17) Contractual Services 18) Leases 19) Equipment 20) Miscellaneous 21) Wages 22) Fringes 23) Travel 24) Communications 25) Supplies 26) Wages 27) Fringes 28) Travel 29) Communications 30) Supplies 31) Training Wages 32) Training Fringes 33) Training Travel 34) Training Comm. 35) Training Supplies 36) VWCC - IR 37) DSLCC - IR 38) Funding Authority 39) Wages 40) Fringes 41) FDETC Contrib. 42) FDETC Contrib. 43) Contributions From Other Loc. 44) Title IIA Revenue - EDWAA (034-054-8960-8350) $(17,648.00) (034-054-8960-8351) ( 1,927.00) (034-054-8960-8352) ( 752.00) (034-054-8960-8353) 771.00 (034-054-8960-8355) ( 224.00) (034-054-8960-8356) ( 50.00) (034-054-8960-8357) (10,721.00) (034-054-8960-8358) ( 8,678.00) (034-054-8960-8359) ( 2,416.00) (034-054-8960-8360) ( 2,246.00) (034-054-9060-8350) 8,256.00 (034-054-9060-8351) 2,000.00 (034-054-9060-8352) 4,000.00 (034-054-9060-8353) 4,300.00 (034-054-9060-8355) 3,000.00 (034-054-9060-8356) 6,000.00 (034-054-9060-8357) (034-054-9060-8358) (034-054-9060-8359) (034-054-9060-8360) (034-054-9081-8010) (034-054-9081-8011) (034-054-9081-8012) (034-054-9081-8013) (034-054-9081-8015) (034-054-9081-8030) (034-054-9081-8031) (034-054-9081-8032) (034-054-9081-8033) (034-054-9081-8035) (034-054-9081-8050) (034-054-9081-8051) (034-054-9081-8052) (034-054-9081-8053) (034-054-9081-8055) (034-054-9081-8192) (034-054-9081-8232) (034-054-9081-9990) (034-054-9080-8350) (034-054-9080-8351) (034-034-1234-8976) (034-034-1234-9076) (034-034-1234-9080) (034-034-1234-9081) 7,000.00 6,000.00 1,335.00 2,000.00 9,225.00 1,378.00 400.00 300.00 250.00 3,723.00 556.00 150.00 200.00 200.00 37,360.00 5,582.00 200.00 300.00 250.00 111.00 2,966.00 18,617.00 2,452.00 366.00 (43,891.00) 43,891.00 2,818.00 81,768.00 BE IT FURTHER ORDAINED that, shall be in effect from its passage. APPR ATTEST: City C1 erk an emergency existing, this Ordinance OVED 444 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29850-112089. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Oaklawn Avenue/Trinkle Avenue - Emergency Repair (1) ...................................... Capital Improvement Reserve Capital Improvement Reserve (2) ................... $8,855,468.00 42,663.00 3,841,011.00 1,822,106.00 1) 2) Appropriations from General Revenue Williamson Road Storm Drains (008-052-9645-9003) (008-052-9575-9179) $ 42,663.00 (42,663.00) 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 20th day of November, 1989. No. 29851-112089. A RESOLUTION authorizing and ratifying emergency repairs to certain storm drain facilities owned by the City. WHEREAS, §41 of the City Charter authorizes the City Manager in an emergency requiring immediate action to make emergency procurements of goods and services; and WHEREAS, the storm drain in the 200 block of Oaklawn Avenue, N. E., and the storm drain at the intersection of Trinkle Avenue and Williamson Road collapsed, and the City Manager has, on an emergency basis, authorized repairs to be made to such facilities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Emergency procurement by the City of repairs to the storm drains at the 200 block of Oaklawn Avenue, N. E. and the intersection of Trinkle Avenue and Williamson Road for a total cost of $42,662.88 by Aaron J. Conner, General Contractor, Inc., as more specifically set forth in the November 20, 1989, City Manager report to this Council are hereby authorized and ratified; 445 2. The City Manager and other appropriate City officials are hereby authorized to execute any necessary contracts or other documentation, in such form as is approved by the City Attorney, for such procurements; and 3. The Director of Finance is hereby authorized and directed to make requisite payment to such firm for such emergency work. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29852-112089. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay $ 93,649.00 Other Equipment (1) ............................... 93,649.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) .............. $1,666,641.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 1) Other Equipment (005-050-8600-9015) $ 20,765.00 2) Retained Earnings - Unrestricted (005-3336) (20,765.00) 446 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29853-112089. AN ORDINANCE providing for the purchase of a power sweeper/scrubber, upon certain terms and conditions, by accepting a bid made to the City for fur- nishing and delivering such equipment; rejecting other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Syndor Industrial Services, Inc., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, a power sweeper/scrubber, for the sum of $20,764.70, 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. 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. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29854-112089. A RESOLUTION re-endorsing the loan by the Virginia Housing Development Authority (VHDA) in the amount of $350,000.00 for use in the Rental Rehabilitation Program of the City. WHEREAS, by Resolution No. 29292, adopted on September 12, 1988, City Council endorsed the loan by VHDA of $350,000.00 to the City of Roanoke Rede- velopment and Housing Authority (RRHA) in support of the 1988 Rental Rehabilitation Program; and WHEREAS, the Program design was subsequently modified to provide for the loans to be made directly to individual rental property owners rather than to RRHA; and WHEREAS, the Virginia Housing Development Authority has requested that the City verify that its previous approval of the financing by VHDA also applies to the Program change as set forth and recommended in the City Manager's report, dated November 20, 1989. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 447 1. This Council re-endorses the loan by VHDA in the amount of $350,000.00 for funding of the Rental Rehabilitation Program. 2. The Mayor is authorized to certify the City's approval of the loan of funds to individual rental property owners in support of the 1988 Rental Rehabilitation Program to the VHDA, the form of which certification shall be approved as to form by the City Attorney. APPROVED ATTEST: ~~ City C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29855-112089. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Non-departmental Transfers to Other Funds (1) ...................... $13,657,825.00 11,390,106.00 Fund Balance Capital Maintenance & Equipment Replacement Program - City Unappropriated (2) ....................... $ 1,328,537.00 CAPITAL PROJECTS FUND Appropriations General Government Downtown Project - RRHA Portion (3 Floors) (3) .... Downtown Project - City Portion (3 Floors) (4-5).. Downtown Improvement Project (6-7) ................ Capital Improvement Reserve Capital Improvement Reserve (8) ................... $19,092,592.00 5,689,500.00 5,689,500.00 2,165,130.00 3,468,424.00 -0- Revenue Accounts Rec. - Due from Faison - Land Sale (9) .... $ General Obligation Bonds Receivable (10) ........... Fund Balance (11) .................................. 971,175.00 6,800,000.00 --0- 1) Transfer to Capital Projects Fund 2) CMERP - City 3) Appropriations from General Revenue 4) Appropriations from Third Parties (001-004-9310-9508) (001-3323) (008-052-9647-9003) (008-052-9648-9004) $ 1,637,320.00 (1,637,320.00) 5,689,500.00 971,175.00 448 5) Appropriations from Bond Funds 6) Appropriations from Bond Funds 7) Appropriations from General Revenue 8) Econ. Development 9) Accounts Receivable - Faison 10) General Obligation Bond Receivable 11) Fund Balance (008-052-9648-9001) (008-052-9649-9001) (008-052-9649-9003) (008-052-9575-9178) (008-1244) (008-1245) (008-3339) $ 4,718,325.00 2,081,675.00 83,455.00 ( 415,250.00) 971,175.00 6,800,000.00 ( 157,864.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29856-112089. A RESOLUTION endorsing a certain Downtown Development Project described and recommended by the City Manager in his report to Council, dated November 20, 1989; expressing the intent of City Council to finance certain public improve- ments in connection with such Project through issuance of general obligation bonds in an aggregate principal amount not to exceed $6.8 million pursuant to the Public Finance Act; establishing a public hearing with respect to adoption of an ordinance or resolution authorizing the issuance of such bonds; directing the City Attorney to prepare a notice of such public hearing pursuant to the Public Finance Act and authorizing the City Attorney to prepare such ordinances and resolutions as may be necessary in conjunction with such bond issue; and directing the City Clerk to cause notice of the required public hearing to be published pursuant to the Public Finance Act. WHEREAS, by report of November 20, 1989, the City Manager has described and recommended a certain Downtown Development Project involving construction of a multi-story office tower by a private developer, closure of a certain portion of the Hunter Viaduct, demolition of such Viaduct structure by the City, construction of street and sidewalk improvements, an atrium, pedestrian bridge, public park or plaza and other public improvements by the City and purchase of a certain public off-street parking facility by the City from the private deve- loper of the office tower; WHEREAS, construction of such public improvements and purchase of such public off-street parking facility by the City will require the issuance of $6.8 million in general obligation bonds of the City; WHEREAS, it is the intent of the Council that such bonds be issued pur- suant to the Public Finance Act without referendum; and WHEREAS, the City Manager and Director of Finance have represented that issuance of such bonds will impose no extra burden on the taxpayers; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council concurs in and endorses the Downtown Development Project described and reconmnended in the City Manager's report, dated November 20, 1989, including the public improvements to be constructed and purchased by the City. 449 2. It is the intent of this Council to finance construction and purchase of such public improvements recommended by the City Manager in connec- tion with such Project through the issuance of general obligation bonds in an aggregate principal amount not to exceed $6.8 million, pursuant to the Public Finance Act (Chapter 5 of Title 15.1, Code of Virginia (1950), as amended), wi thout referendum. 3. A public hearing shall be held at 7:30 p.m. on December 11, 1989, in the Council Chamber of the Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, at which public hearing all persons shall be afforded an opportunity to appear and present their views with respect to the adoption of an ordinance or resolution authorizing the issuance of such bonds. 4. The City Attorney is directed to prepare a notice of such public hearing pursuant to the Public Finance Act. 5. The City Clerk is directed to cause such notice of public hearing to be published pursuant to the Public Finance Act. 6. The City Attorney, upon receipt of necessary and relevant infor- mation from the City Manager and Director of Finance, is authorized to prepare such ordinances and resolutions for the consideration of this Council and to take such action as is necessary in conjunction with the City's bond counsel to cause the above-described bond issue to be accomplished. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29859-112089. AN ORDINANCE accepting the bid of Branch Highways, Inc., for demolition of Hunter Viaduct (Spans i through 4), upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Branch Highways, Inc., made to the City in the total amount of $180,130.00 for demolition of Hunter Viaduct (Spans I through 4) 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 5 0 4. In order to provide for the usual daily operation of the municipal 9overnment, an emer§ency 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 20th day of November, 1989. No. 29860-112089. AN ORDINANCE authorizing execution of an Agreement between the City and the City of Roanoke Redevelopment and Housing Authority (the Authority), upon certain terms and conditions, memorializing the obligations of the parties with respect to expenses to be incurred and revenues to be collected by the Authority in performing under a certain Agreement relating to the redevelopment of certain parcels of land in the Authority's Central Roanoke Conservation Area by construction of an office tower and parking garage thereon by the Redeveloper; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City to execute, and to seal and attest, respectively, an Agreement between the City and the Authority, upon certain terms and conditions, as are more particularly described and recommended in the City Manager's report, dated November 20, 1989; such Agreement to be in form 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29861-112089. 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; WHEREAS, Council is desirous of granting the request of Permittee pur- suant to certain terms and conditions; 451 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol 1 ows: 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 23, 1989, through January 15, 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, including City pro- perty, growing out of or directly or indirectly resulting from the permission herein granted; (c) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing general public liability insurance in the amount of at least $100,000.00 for bodily injury, $300,000.00 per accident, and $50,000.00 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 grant 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 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 November, 1989. No. 29862-112089. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Water Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay From Revenue $ 951,889.00 Falling Creek Plant Rehab Phase I (1) ............. 246,881.00 452 RETAINED EARNI'NGS 1) 2) Retained Earnings - Unrestricted (2) .............. $15,441,824.00 Appropriations From General Revenue Retained Earnings - Unrestricted (002-056-8359-9003) (002-3336) $ 246,881.00 (246,881.00) 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 November, 1989. No. 29863-112089. AN ORDINANCE accepting the bid of Acorn Construction, Ltd., for certain water treatment plant equipment for the Falling Creek Water Plant, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to provide for phasing of the Falling Creek Water Plant renova- tions, upon certain terms and conditions; 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 $246,881.00, for the long delivery of certain microfloc and associated water treatment equipment, as set forth in the bid committee report to this Council dated November 20, 1989, such bid being in compliance with the City's plans and specifications made therefor, 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. The City Manager is authorized to take appropriate action, including execution of necessary documentation, in form approved by the City Attorney, to provide for a phasing of the project and extension and modification of the bid for the remainder of the project for phase II, as more particularly set forth in the bid committee report on this subject dated November 20, 1989. 4. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: ~//~,,..j,.,~.~ City Clerk 453 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29864-112089. A RESOLUTION cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, November 27, 1989, at 2:00 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the National League of Cities Annual Conference scheduled to be held November 25 through 29, 1989, in Atlanta, Georgia, which a majority of the members of City Council desire to attend, the meeting of City Council regularly scheduled for Monday, November 27, 1989, at 2:00 p.m., in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W., is hereby CANCELLED. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of such cancellation. APPROVED ATTEST: ~~..~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1989. No. 29857-12489. AN ORDINANCE authorizing an Agreement for Real Estate Sale and For Acquisition of Parking Facility between the City of Roanoke, the City of Roanoke Redevelopment and Housing Authority, Faison Roanoke Office Limited Partnership, a North Carolina limited partnership, and Henry J. Faison, as guarantor; authorizing the conveyance of certain parcels of land owned by the City to the City of Roanoke Redevelopment and Housing Authority; authorizing the purchase of certain completed realty constituting a public off-street parking facility by the City; and authorizing the execution of related documents between the parties. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk shall be authorized to execute and attest, respectively, for and on behalf of the City, an Agreement for Real Estate Sale and For Acquisition of Parking Facility between the City of Roanoke, the City of Roanoke Redevelopment and Housing Authority ("RRHA"), and Faison Roanoke Office Limited Partnership, a North Carolina limited partnership, and Henry J. Faison, as guarantor ("developer"). Such Agreement shall provide for conveyance of certain City-owned real estate to RRHA; sale of such real estate to the developer by RRHA; construction of an office tower and parking facility by the developer; purchase of a portion of such parking facility by the City to be operated as a public off-street parking facility for the benefit of the general public; purchase of another portion of such parking facility by RRHA; lease of all or a portion of the parking space purchased by RRHA to developer; operation of the City portion and the RRHA portion of such parking facility by the City pursuant to a management agreement between the City and RRHA; demoli- tion by the City of certain structures on the City-owned property to be con- veyed; and construction by the City of certain street and sidewalk improvements and other public improvements. Such Agreement is more particularly described in the report of the City Manager, dated November 20, 1989. 454 2. The Mayor and' the City Clerk shall be authorized, for and on behalf of the City, to execute and to seal and attest, respectively, the City's deed of conveyance of the fee simple title to a portion of City-owned real estate bounded on the north by Norfolk Avenue, on the south by Salem Avenue, on the west by Jefferson Street and on the east by Wall Street, to RRHA, said deed to be prepared by the City Attorney, contain the appropriate warranty as deter- mined by the City Attorney and Modern English Covenants of Title, and to be sub- ject 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 in or across said property and any and all recorded restrictions, conditions and easements affecting the title to said property, and thereafter the City Attorney is authorized to tender to the RRHA the City's deed in the premises, upon payment of the consideration agreed to as set forth in the Agreement. 3. Upon delivery of a good and sufficient deed of conveyance, .granting and conveying to the City the fee simple title to the public parking facility, described in and upon terms and conditions set out in the Agreement for Real Estate Sale and For Acquisition of Parking Facility, the Director of Finance shall be authorized to issue and deliver to the grantor the purchase price provided for in such Agreement. 4. The Mayor and the City Clerk shall be authorized for and on behalf of the City, to execute and to seal and attest, respectively, a Reciprocal Easement and Operating Agreement, between the City, RRHA and Faison Roanoke Office Limited Partnership, such Agreement providing for the imposition of certain easements and agreements among the parties regarding maintenance, repair, replacement and operation of the office space, commercial space, garage, atrium (if constructed by the City) and other improvements. 5. The City Manager and the City Clerk shall be authorized, for and on behalf of the City, to execute and attest, respectively, an Operating Agreement between the City and RRHA, relating to management and operation of the public parking facility, and such ancillary agreements and documents as may be required by the Agreement for Real Estate Sale and For Acquisition of Parking Facility. 6. The City Attorney shall be authorized, for and on behalf of the City, to issue such legal opinions as may be required by any of the above- described agreements. The above-described agreements and deeds shall each be in such form as shall be approved by the City Attorney. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1989. No. 29858-12489. 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, W. Robert Herbert, City Manager, has filed an application with 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 November 13, 1989, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the ~Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That segment of Hunter Viaduct as it currently extends from its intersection with Jefferson Street and Salem Avenue, S. E., first in a northerly direction from a position at existing ground elevation and thence continuing in a easterly direction in a position at, and above, existing ground eleva- tions, to a point of intersection with the westerly right-of- way boundary at the existing overhead bridge at Williamson Road, S. E., together with any public right-of-way which may exist over or below the foregoing described segment of such Viaduct, 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. 455 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 City of Roanoke, and the names of any other parties in interest who may so request, as Grantees. ATTEST City Clerk APPROVED 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1989. No. 29865-12489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Education $63,251,858.00 Facilities (1-8) .................................... 3,177,849.00 Revenue CMERP - Schools - Unappropriated (9) ................ $ - O- GRANT FUND Appropriations Education $14,149,196.00 Staff Development Title II 89-90 (10-14) ............ 4,600.00 Revenue Education $14,149,196.00 Staff Development Title II 89-90 (15) ............... 4,600.00 1) Computer Science Expansion 2) Textbook Adoption 3) Instruct. Equip- ment Replace. 4) Facility Maint. 5) School Boiler System Replace. 6) Oakland Elementary (001-060-6004-6302-0806) (001-060-6004-6304-0613) (001-060-6004-6313-0801) (001-060-6004-6681-0801) (001-060-6004-6683-0801) $ 60,000.00 350,000.00 157,555.00 75,000.00 125,000.00 School Renov. (001-060-6004-6896-0802) 250,000.00 7) Asbestos Removal (001-060-6004-6896-0809) 550,000.00 8) Roof Renovation (001-060-6004-6896-0851) 300,000.00 9) CMERP - Schools (001-3324) (1,867,555.00) 10) Inservice Training (035-060-6226-6314-0129) 3,485.00 11) Social Security (035-060-6226-6314-0201) 265.00 12) Consultant Services (035-060-6226-6314-0313) 500.00 13) Printing (035-060-6226-6314-0351) 50.00 14) Resource Materials (035-060-6226-6314-0617) 300.00 15) Fed. Grant Receipts (035-060-6226-1102) 4,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk 457 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1989. No. 29866-12489. A RESOLUTION approving initial targeting of the Home Purchase Assistance Program in Conservation Areas and Rehabilitation Districts in the Southeast quadrant of the City. BE IT RESOLVED that the Council of the City of Roanoke hereby approves the initial targeting of the Home Purchase Assistance .Program in the Belmont Conservation Area, the Fallon Park, Kenwood and Morningside Rehabilitation Districts in the Southeast quadrant of the City in accordance with the recommen- dation made in the report of the City Manager dated December 4, 1989. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1989. No. 29867-12489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Sewage 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 1989-90 Sewage and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: SEWAGE FUND Accounts Receivable Miscellaneous Accounts Receivable - Hub Pattern Corporation (1) .................................... $ 10,065.00 Contributed. Capital (2) ............................. 23,767,683.00 INTERNAL SERVICE FUND Appropriations Utility Lines Service $ 2,638,166.00 Other Charges (3) ................................... 285,837.00 Revenue Operating Revenue U.L.S. (4) ........................ $ 1,105,000.00 1) Misc. Receivable - Hub Pattern (003-1209) $10,065.00 2) Contributed Capital (003-3299) 10,065.00 3) Project Supplies (006-056-2625-3005) 5,000.00 4) U.L.S. Sewage Fund (006-020-1234-0979) 5,000.00 458 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 4th day of December, 1989. No. 29869-12489. AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with Structures & Utilities Co., Inc., for necessary repairs and improvements to Alum Tanks 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 is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Structures & Utilities Co., Inc., dated May 1, 1989, such contract being authorized by Ordinance No. 29535, adopted May 1, 1989. 2. Change Order No. i shall provide for the following changes in the work to be performed: CONTRACT AMOUNT $ 44,500.00 Treatment of tank with a polyester cement liner/grout/scratch coat + 15,570.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. I $ 60,070.00 Additional time resulting from Change Order No. i 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. APPROVED ATTEST: City Clerk Mayor 459 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1989. No. 29870-12489. AN ORDINANCE approving the City Manager's issuance of Change Order No. I to the City's contract with Mattern & Craig, Consulting Engineers, for engineering services in connection with site development analysis on an approxi- mate 140-acre tract of land to provide for additional archeological services, development and feasibility analysis and related services; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Mattern & Craig, Consulting Engineers, for engi- neering services in connection with site development analysis on an approximate 140-acre tract of land, dated May 22, 1989, such contract being authorized by Ordinance No. 29589, adopted May 22, 1989. 2. Change Order No. i shall provide for additional archeological ser- vices, development and feasibility analysis and related services as more par- ticularly described in the City Manager's report of December 4, 1989 to City Council, and the charge for such additional services shall not exceed $18,000. 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 4th day of December, 1989. No. 29871-12489. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Parks, Recreation and Cultural $ 3,692,843.00 Libraries (1-7) ..................................... 1,779,494.00 Public Works 18,913,097.00 Building Maintenance (8) ............................ 3,170,023.00 Non-departmental 12,163,987.00 Transfers to Other Funds (9) ........................ 9,911,595.00 Contingency - General Fund (10) ..................... 681,862.00 Fund Balance Reserved CMERP - City (11) .......................... $ 2,765,857.00 460 INTERNAL SERVICE FUND Appropriations City Information Systems (12-22) .................... $ 2,784,644.00 Revenue Non-operating Other (23) .......................................... Operating City Information Systems (24) ....................... $ 193,809.00 193,809.00 7,272,031.00 2,326,327.00 Retained Earnings Unrestricted Retained Earnings (25) ................. $ 1,638,530.00 Regular Employee Salaries Temp. Employee Wages City Retirement F.I .C.A. Hosp. Insurance Dental Insurance Life Insurance Maintenance 3rd Party (001-054-7310-1002) (001-054-7310-1004) (001-054-7310-1105) (001-054-7310-1120) (001-054-7310-1125) (001-054-7310-1126) (001-054-7310-1130) (001-052-4330-3056) Transfer to Int. Service Fund (001-004-9310-9506) 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Contingency 11) Reserved CMERP - City 12) Regular Employee Salaries 13) City Retirement 14) F.I.C.A. 15) Hosp. Insurance 16) Dental Insurance 17) Life Insurance 18) Admin. Supplies 19) Maint. Contracts 20) Expendable Equipment 21) Telephone 22) Auto. Library Equipment 23) Operating Supp. - General Fund 24) C~I.S. Outside Third Parties 25) Unrestricted Ret. Earnings (001-002-9410-2199) (001-3323) (006-050-1601-1002) (006-050-1601-1105) (006-050-1601-1120) (006-050-1601-1125) (006-050-1601-1126) (006-050-1601-1130) (006-050-1601-2028) (006-050-1601-2006) (006-050-1601-2035) (006-050-1601-2021) (006-050-1601-9018) (006-020-1234-0951) (006-020-1234-1048) (006-3336) 9,132.00 22,873.00 1,152.00 2,497.00 623.00 49.00 92.00 21,000.00 158,809.00 (15,327.00) (2oo,000.00) 15,050.00 1,898.00 1,141.00 623.00 49.00 152.00 7,168.00 3,144.00 8,000.00 9,336.00 870,870.00 158,809.00 446,644.00 {311,978.00) 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 December, 1989. No. 29872-12489. AN ORDINANCE authorizing the City to enter into a cooperative agreement with the County of Roanoke and the City of Salem establishing terms and con- ditions whereby the automated library system shall be jointly owned and the costs of said system equitably shared; accepting a bid and awarding a contract for the purchase of an automated library system with such acceptance and award being expressly conditioned upon the City entering into a cooperative agreement with the City of Salem and County of Roanoke; authorizing the proper City offi- cials to execute the requisite contract upon execution of the cooperative agreement by the City of Salem and the County of Roanoke; rejecting other bids made to the City; and directing that the City Clerk transmit copies of this ordinance to the governing bodies of the other political subdivisions; and pro- viding for an emergency. 461 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, for and on behalf of the City, to execute and attest, respec- tively, in form approved by the City Attorney, a cooperative agreement with the County of Roanoke and the City of Salem establishing terms and conditions whereby the three political subdivisions agree to joint ownership of the auto- mated library system and to equitably sharing the cost of the system according to a formula set out in the cooperative agreement. 2. The bid of Data Research Associates, Inc. (DRA), made to the City for the purchase of an automated library system, such bid being in full compliance with all of the City's specifications and requirements therefor, for the total bid price of $870,870.00, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. Such acceptance shall be expressly con- ditioned upon the City entering into a cooperative agreement with the City of Salem and County of Roanoke. 3. Upon the execution of the cooperative agreement by the City of Salem and County of Roanoke, the City Manager or Assistant City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, in form approved by the City Attorney, the requisite contract with Data Research Associates, Inc. (DRA), based upon said firm's pro- posal and the City's specifications made therefor. 4. All other bids made to the city for the purchase of said automated library system are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation of their bids. 5. The City Clerk is directed~to transmit a copy of this ordinance to the appropriate officials of Roanoke County, and the City of Salem. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 1989. No. 29873-12489. A RESOLUTION establishing a specific sanitary sewer connection fee for forty-eight connections to be provided on a voluntary basis on Ravenwood, Dorchester, Floraland, and Vancouver Streets, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City hereby establishes a one-time specific connection fee of $1,136.93 per connec- tion for the forty-eight connections to be provided on Ravenwood, Dorchester, Floraland, and Vancouver Streets for sanitary sewer service in lieu of the pre- vailing connection fee, such connections to the City lateral to be on a volun- tary basis, as more particularly set forth in the report to this Council dated December 4, 1989. ATTEST: City Clerk APPROVED 4 6 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of December 1989. No. 29868-121189. AN ORDINANCE authorizing the vacation of a certain City sewer line easement and relocation of the existing sewer line, upon certain terms and con- ditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate deed and other documen- tation that may be deemed necessary to provide for the vacation and abandonment by the City of a certain sanitary sewer easement located within a 12' alley in the 2100 block of Salem Avenue and providing for the relocation of the sewer line to a new area with Hub Pattern Corporation to be responsible for payment of the cost of the work required for such relocation, as more particularly set forth in the report to this Council dated December 4, 1989. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of December 1989. No. 29874-121189. AN ORDINANCE authorizing and providing for the lease by the City of a structure known as the Alexander-Gish House, located in Highland Park in the City, together with an outbuilding, to the Old Southwest, Inc.; subject to cer- tain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager is hereby authorized to enter into a written lease agreement on behalf of the City with the Old Southwest, Inc., leasing to said organization that structure known as the Alexander-Gish House, located in Highland Park in the City, together with an outbuilding, for a term of five (5) years at an annual rental rate of One Dollar ($1.00), upon certain terms and conditions set out in the lease attached to the report of the City Manager dated December 4, 1989; such lease to be approved as to form by the City Attorney prior to its execu- tion. ATTEST: Ci~tyC1 erk APPROVED 463 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of December 1989. No. 29879-121189. A RESOLUTION approving execution of an Administrative Agreement with the Virginia Department of Housing and Community Development for the administra- tion of activities relating to the Multi-Family Rehabilitation Loan Program (Program); re-endorsing the concentrated code enforcement element of the Program; designating a certain portion of the City to be the area initially targeted for the concentrated code enforcement element of the Program; and authorizing certain charging and collection procedures with regard to the Program. WHEREAS, by Resolution No. 29594, adopted on June 5, 1989, Council authorized the submission of an application to the Virginia Department of Housing and Community Development (DHCD) for $837,000 in funds to be used in the Program; WHEREAS, a portion of those funds have been approved by the State; WHEREAS, the City Manager's report dated June 5, 1989, described the concentrated code enforcement element of the Program; WHEREAS, a portion of the Mountain View neighborhood is an appropriate target area for the Program for reasons set forth in the City Manager's report dated December 11, 1989; and WHEREAS, the DHCD authorizes the charging and collection of a 1% loan commitment fee on a loan approved under the Program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized for and on behalf of the City to execute the Administrative Agreement with the Virginia Department of Housing and Community Development relating to the administration of the Program; 2. This Council re-endorses the concentrated code enforcement element of the Program, designates a portion of the Mountain View neighborhood to be the area initially targeted for the concentrated code enforcement element of the Program, and generally approves the charging and collection procedures with regard to a 1% loan commitment fee intended to defray certain administrative costs to the City of the Program as authorized by the DHCD, all in accordance with the recommendations contained in the City Manager's report dated December 11, 1989. ATTEST: City Clerk APPROVED 464 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of December, 1989. No. 29880-121189. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Other Infrastructure Regional Comprehensive Stormwater Management Plan Update (1) ................................. Capital Improvement Reserve Capital Improvement Reserve (2) ................... $14,460,877.00 5,018.00 4,331,944.00 2,313,039.00 1) Appr. from General Revenue (008-052-9650-9003) $ 5,018.00 2) Storm Drains (008-052-9575-9176) (5,018.00) 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 December 1989. No. 29881-121189. A RESOLUTION supporting a regional approach to watershed planning and stormwater management, concurring in the updating of the 1985 Feasibility Study for a Roanoke Valley Comprehensive Stormwater Management Program, and agreeing to share the cost of such update on a pro rata basis. WHEREAS, the Fifth Planning District Commission, in 1985, at the request of Roanoke Valley governments, prepared a Feasibility Study for a Roanoke Valley Comprehensive Stormwater Management Program which presented a detailed analysis of: (1) the benefits of a regional stormwater management program, (2) drainage problems and future stormwater management concerns, (3) existing local stormwater management programs, (4) databases for stormwater management planning, (5) a proposed approach to regional stormwater management planning, and (6) institutional and regulatory issues affecting storn~ater man- agement; WHEREAS, this study determined that twenty-two of the thirty-nine watersheds in the Roanoke Valley are interjurisdictional; WHEREAS, the high cost of facilities encourages local governments to have a plan and methods of examining possible alternatives to find the most cost-effective solution; and 465 WHEREAS, a cooperative regional approach to watershed planning and management of stormwater runoff appears beneficial to all communities of the Val 1 ey. WHEREAS, this Council recognizes the need to cooperate with other Roanoke Valley governments in managing stormwater runoff and supports a regional approach to developing watershed master plans and a stormwater management program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council supports a regional approach to watershed planning and stormwater management for the Roanoke Valley, concurs in the updating of the 1985 Feasibility Study for a Roanoke Valley Comprehensive Stormwater Management Program and agrees to participate in the cost of updating the Study on a pro rata basis, as recommended in the report of the City Manager to Council, dated December 11, 1989. 2. The City Clerk is directed to forward attested copies of this resolution to Wayne G. Strickland, Executive Director, Fifth Planning District Commission, Elmer C. Hodge, County Administrator, County of Roanoke, John D. Williamson, III, County Administrator, Botetourt County, George W. Nester, Town Manager, Town of Vinton, and Randolph M. Smith, City Manager, City of Salem. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of December 1989. No. 29882-121189. AN ORDINANCE accepting a certain proposal for the provision of online bibliographic cataloging services to the Roanoke City Library, upon certain terms and conditions; authorizing the proper City officials to execute the appropriate membership agreement; rejecting the other bid received for said ser- vices, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal made by Southeastern Library Network, Inc. (SOLINET) to the City for the provision of online bibliographic cataloging services to the Roanoke City Library, in accordance with all the City's specifications and requirements therefor, for the combined sum of an initial cost of $12,085, and an annual operating cost of $26,609, as more particularly described in the report to this Council dated December 11, 1989, is hereby ACCEPTED. 2. The City Manager, or Assistant City Manager, and the City Clerk are hereby authorized and directed to execute, seal and attest, respectively, for and on behalf of the City, the appropriate membership agreement with Southeastern Library Network, Inc. (SOLINET), the same to incorporate the terms and conditions of this ordinance, said bidder's proposal, and the City's plans and specifications, the form of such agreement to be approved by the City Attorney. 466 3. The other bid made to the City for such service is hereby REJECTED, and the City Clerk is directed to so notify such bidder and to express the City's appreciation for its 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 18th day of December, 1989. No. 29875-121889. 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, BEH 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 December 11, 1989, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The easterly eight (8) feet of the right-of-way of Wycliffe Avenue, S. W., from its intersection with McClanahan Street, S. W. to its intersection with Evans Mill Road, 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 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 467 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 effected by this ordinance shall be conditional upon performance of the following: (1) that the applicant shall submit a plat of subdivision combining the vacated section of the public right-of-way with the applicant's abutting property; and (2) that a comprehen- sive site plan of the proposed adjacent development shall be submitted, approved and recorded. BE IT FURTHER ORDAINED that if the conditions of this ordinance are not met within twelve (12) months of the date of adoption of this ordinance, this ordinance shall become null and void with no further action of City Council 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 BEH Real Estate Partnership, 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 18th day of December, 1989. No. 29876-121889. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 663, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on December 11, 1989, 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. 468 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. 663 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 comprising approxi- mately 5.30 acres on Airport Road and Coulter Drive, N. W., have a property address of 5732 Airport Road, N. W., designated on Sheet No. 663 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6630105 be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on November 20, 1989, and that Sheet No. 663 of the Zone Map be changed in this respect. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1989. No. 29877-121889. 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, W. Robert Herbert, City Manager, 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 11, 1989, 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 public alley extending in a westerly direction from Market Street, S. E., along the northerly property line of Official Tax No. 4010116, for a distance of approximately 129 feet, said alley being 22 feet in width, 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, 469 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 City of Roanoke, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: /~:~.~=.__ r----,, City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1989. No. 29878-121889. AN ORDINANCE authorizing the issuance of Six Million Eight Hundred Thousand Dollars ($6,800,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for such City; fixing the form, denomination and cer- tain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds. WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the issuance of $6,800,000 principal amount of General Obligation Public Improvement Bonds of the City to provide funds of and for the City and to authorize the issuance of a like principal amount of general obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Public Improvement Bonds; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia: SECTION 1. Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia (1950), as amended, the same being the Public Finance Act, and the Charter of the City, as amended, for the purpose of providing funds to defray the cost of the project described in Section 6 hereof, there are authorized to be issued Six Million Eight Hundred Thousand Dollars ($6,800,000) principal amount of general obligation bonds of the City to be designated "General Obligation Public Improvement Bonds" (the "Bonds"). 470 The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. Any series of the Bonds may be sold contemporaneously with any other bonds of the City. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance of the City. All such Bonds shall be issued in fully registered form and shall be in the denomination of $5,000 or any integral multiple thereof. The Bonds of a given series shall be numbered from R-1 upwards in order of issuance; shall mature serially, com- mencing in such year and in such amount in each year as shall be determined by the Director of Finance; and shall bear interest at such rate or rates per annum as shall be specified in the bid accepted by resolution of this Council for the purchase of the Bonds of such series, if any bid therefor be accepted, such interest to be payable semiannually, provided the first interest payment date may be any date within one (1) year from the date of the Bonds as determined by the Director of Finance. The Director of Finance is authorized to determine, in accordance with and subject to the provisions of this Ordinance: the date or dates of the Bonds; the interest payment dates thereof; the maturity dates thereof; the amount of principal maturing on each maturity date; the place or places of payment thereof and the paying agent or paying agents therefor; the place of registration, exchange or transfer thereof and the registrar therefor; and whether or not the Bonds shall be subject to redemption prior to their stated maturity or maturities and if subject to such redemption, the premiums, if any, payable upon such redemption and the respective periods in which such premiums are payable. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of Section 3 with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. If the Bonds are subject to redemption and if any Bonds (or portions thereof in installments of $5,000 or any integral multiple thereof) are to be redeemed, notice of such redemption specifying the date, numbers and maturity or maturities of the Bond or Bonds to be redeemed, the date and place or places fixed for their redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of a Bond called for redemption is to be redeemed, that such Bond must be surrendered in exchange for payment of the principal amount thereof to be redeemed and the issuance of a new Bond or Bonds equalling in principal amount that portion of the principal amount of the Bond to be surrendered not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner of such Bond at his address as it appears on the books of registry kept by the registrar as of the close of business on the forty-fifth (45th) day preceding the date fixed for redemption. If any Bonds shall have been called for redemption and notice thereof shall have been given as hereinabove set forth, and payment of the principal amount of such Bonds (or the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or pro- vided for, interest on such Bonds (or the principal amount thereof to be redeemed) shall cease to accrue from and after the date so specified for the redempti on thereof. SECTION 2. The full faith and credit of the City shall be and is irre- vocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes in the City are assessed, levied and collected upon all property in the City subject to taxation by the City a tax sufficient to provide for the payment of the principal of and interest on the Bonds as the same become due. SECTION 3. The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. 471 The Director of Finance shall direct the registrar for the Bonds of a given series to authenticate such Bonds and no such Bond shall be valid or obli- gatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signa- tor of the registrar. Upon the authentication of any Bonds the registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the ini- tial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if the Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 4. The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts, at the option of the holder thereof, at the place or places of payment and through the paying agent or paying agents for the Bonds determined by the Director of Finance in accordance with Section 1. Interest on the Bonds shall be payable by check or draft mailed by the registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4. At all times during which any Bond of any series remains outstanding and unpaid, the registrar for such series shall keep or cause to be kept at its principal corporate trust office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its prin- cipal corporate trust office for such purpose the registrar, under such reason- able regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. Any Bond may be exchanged at the principal office of the registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. Any Bond of any series may, in accordance with its terms, be trans- ferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the registrar for such series for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the registrar. All transfers or exchanges pursuant to this Section 4 shall be made without expense to the holder of such Bonds, except as otherwise herein pro- vided, and except that the registrar for such series of Bonds shall require the payment by the holder of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. SECTION 5. CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the par- ticular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inac- curancy, error or omission with respect thereto or in such use; and any inac- curacy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in con- nection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City, provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. 472 A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a cer- tification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy {except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The proceeds of the sale of the Bonds are to be applied to defray the cost of needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for the City. SECTION 7. The City covenants and agrees to comply with the provi- sions of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 8. The Bonds shall be sold in one or more series in accordance with the provisions of Section 1 at competitive sale at not less than par plus accrued interest and on such other terms and conditions as are provided in the notice of sale thereof. The Bonds may. be sold contemporaneously with other bonds of the City under a combined notice of sale. The sale and the definitive details of the Bonds shall be approved, ratified and confirmed by resolution or ordinance of this Council. The Director of Finance of the City is authorized to cause to be published and distributed a notice of sale of the Bonds in such form and containing such terms and conditions as he may deem advisable, subject to the provisions hereof. The Director of Finance is further authorized to cause to be prepared and distributed a Preliminary and final Official Statement relating to the Bonds. SECTION 9. The Bonds, the certificate of authentication of the registrar, and the assignment endorsed on the Bonds, shall be in substantially the following forms, respectively, to-wit: (FORM OF BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES OF No. R- MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP REGISTERED HOLDER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Holder (named above), or registered assigns, on the Maturity Date (specified above) (unless this bond shall be subject to prior redemption and shall have been duly called for pre- vious redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on the first day of and on the first day of of each year, commencing on the first day of , 19 (each such date is hereinafter referred to as an "interest payment date"), -ir~m the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the holder hereof in whose name this bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment 473 date. The principal of, and premium, if any, on this bond are payable on pre- sentation and surrender hereof, at the principal corporate trust office of , the Registrar and Paying Agent, in the City of , · Principal of, premium, if any, and interest on this bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and pri- vate debts. This bond is one of a series of bonds of like date, denomination and tenor except as to number, interest and maturity issued for the purpose of pro- viding funds to defray the cost of needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act), the Charter of the City, as amended, and an ordinance and resolutions and other proceedings of the Council of the City duly adopted and taken under such Chapter 5. The bonds of the issue of which this bond is one (or portions of the principal amount thereof in installments of $5,000) maturing on and after 1, , are subject to redemption at the option of the City prior to their stated maturities on or after 1, , in whole at any time or in part from time to time on any interest payment--d~, from any moneys that may be made available for that purpose, in such order as may be determined by the City (except that if at any time less than all of the bonds of a given maturity are called for redemption, the particular bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the principal amount of the bonds (or portions thereof in installments of $5,000) to be redeemed, together with the interest accrued thereon to the date fixed for redemption, plus a premium of [INSERT REDEMPTION PREMIUMS]. If this bond is redeemable and this bond (or any portion of the prin- cipal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this bond is to be redeemed, that this bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new bond or bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less that thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered holder hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45) day preceding the date fixed for redemption. If notice of the redemption of this bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, pro- vided in the proceedings authorizing the bonds of the series of which this bond is one, this bond may be exchanged at the principal corporation trust office of the Registrar for a like aggregate principal amount of bonds of other authorized principal amounts and of the same series, interest rate and maturity. This bond is transferable by the registered holder hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the principal corporate trust office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the bonds of the series of which this bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new bond or bonds of authorized denominations and of the same aggre- gate principal amount, series, interest rate and maturity as the bond surren- dered, will be issued to the transferee in exchange herefor. This bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by an authorized officer of the Registrar. 474 It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this bond as the same become due. IN WITNESS WHEREOF, the City has caused this bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this bond to be dated as of the first day of , . CITY OF ROANOKE, VIRGINIA [SEAL] Attest: Mayor City Treasurer City Clerk This bond is mentioned proceedings. FOR VALUED transfer(s) unto {FORM OF CERTIFICATE OF AUTHENTICATION) CERTIFICATE OF AUTHENTICATION one of the bonds delivered pursuant to the within- , Registrar By: Authorized Officer Date of Authentication: {FORM OF ASSIGNMENT) ASSIGNMENT RECEIVED the undersigned hereby sell{s), assign{s) and (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OR TRANSFEREE the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed 475 NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Holder) NOTICE: The signature above must correspond with the name of the Registered Holder as it appears on the front of this bond in every particular, with- out alteration or enlargement or any change whatsoever. SECTION 10. General Obligation bond anticipation notes are authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such notes shall be sold at competitive or negotiated sale at not less than par plus accrued interest and on such other terms and conditions as are determined by the Director of Finance. If such notes are offered for competitive sale, a notice of sale shall be prepared, published and distributed in accordance with the requirements of Section 8. There shall also be prepared and distributed a Preliminary and a final Official Statement relating to such notes in such form as shall be approved by the Director of Finance. The issuance and details of such notes shall be governed by the provisions of Section 15.1-223 of Title 15.1, Chapter 5, Article 7 of the Code of Virginia, 1950, as amended. The provisions of Sections 2 and 7 shall apply to such notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such notes are not paid from the proceeds of the Bonds or from any other available funds. The sale of such notes and the form and other details thereof shall be approved, ratified and confirmed by resolution or ordinance of this Council. Bonds in anticipation of which such bond anticipation notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Ordinance at any time within five (5) years of the date of issuance of the first notes issued in anticipation of such Bonds. SECTION 11. The City Clerk is hereby directed to file a copy of this Ordinance, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, and such City Clerk shall and is hereby directed to publish once within ten (10) days of the date of such filing a notice of the adoption of this Ordinance in the Roanoke Times & World-News, a newspaper of general circulation in the City, all in accordance with Section 15.1-199 of the Code of Virginia, 1950, as amended. Such notice shall be in substantially the following form: "LEGAL NOTICE Notice is hereby given pursuant to Section 15.1-199 of the Code of Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia, adopted on December , 1989 an ordinance authorizing the issuance in one or more series of $6,8-0-0~00 aggregate principal amount of General Obligation Public Improvement Bonds and authorizing the issuance of up to an equal prin- cipal amount of general obligation bond anticipation notes in anticipation of the issuance of such bonds, and has caused a certified copy of such ordinance to be filed in the Circuit Court of the City of Roanoke, Virginia, on December , 1989. The proceeds of the sale of such General Obligation Public Improvement Bonds and notes issued in anticipation thereof shall be applied to defray the cost of needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for the City. CITY OF ROANOKE, VIRGINIA By: City Clerk" 476 SECTION 12. All ordinances and proceedings in conflict herewith are, to the extent of such conflict, repealed. This Ordinance shall constitute a "resolution" for purposes of Section 15.1-199 of the Code of Virginia, 1950, as amended. SECTION 13. This Ordinance shall take effect from and after ten days from the date of passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1989. No. 29884-121889. AN ORDINANCE authorizing the execution by the proper City officials of a Local Cooperation Agreement for the Roanoke River Flood Reduction Project, upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a Local Cooperation Agreement with the United States Department of the Army, including such terms and conditions as are deemed necessary, as well as any other appropriate docu- mentation, in form approved by the City Attorney, for the Roanoke River Flood Reduction Project, as more particularly set forth in the report to this Council dated December 4, 1989. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1989. No. 29885-121889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 477 APPROPRIATIONS General Government City Treasurer (1) ............................... General Services (2) .............................. $8,096,729.00 621,666.00 409,922.00 1) Insurance 2) Reimbursements (001-020-121~4-3020) (001-050-12117-8005) $ 8,495.00 (8,495.00) 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 18th day of December, 1989. No. 29886-121889. A RESOLUTION prescribing the amount of the bond of the Treasurer of the City of Roanoke and approving the surety thereon. WHEREAS, Gordon E. Peters, has been re-elected Treasurer of the City of Roanoke for a term commencing on January 1, 1990, and ending on December 31, 1993, and has requested the Council to fix the amount of his official bond and to approve the surety offered thereon; and WHEREAS, the Fidelity and Deposit Company of Maryland, a corporate bonding company, has offered to become the surety on such bond as is prescribed for said Treasurer by the Council pursuant to the provisions of §37 of the City Charter; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Before entering upon his duties as Treasurer of the City of Roanoke for the term commencing on January 1, 1990, and ending on December 31, 1993, the said City Treasurer-elect, Gordon E. Peters, shall properly make, exe- cute and lodge with the City Clerk, a bond approved as to form and execution by the City Attorney, payable to the City of Roanoke an executed by the said Gordon E. Peters and by the surety hereinafter approved, in the sum of $1,000,000.00, conditioned upon said City Treasurer faithfully discharging his official duties in relation to the revenue of the City and such other official duties as may be imposed upon him by the City Charter and by ordinances of the Council. 2. Council hereby approves the Fidelity and Deposit Company of Maryland, a corporate bonding company, authorized to transact business as a surety in the Commonwealth of Virginia, as the surety of the aforesaid bond. APPROVED City Clerk 478 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1989. No. 29887-121889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Fire Program Fund - FYgO (1-2) .................... $785,487.00 105,414.00 REVENUE Public Safety Fire Program Fund - FYgO (3) ...................... $785,487.00 105,414.00 1) Expendable Equipment (035-050-3218-2035) $ 80,414.00 2) Training & Development (035-050-3218-2044) 25,000.00 3) State Grant Revenue (035-035-1234-7053) 105,414.00 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 18th day of December, 1989. No. 29888-121889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare Social Services Administration (1-2) .............. Income Maintenance (3-4) .......................... Social Services - Services (5-6) .................. Nondepartmental Contingency - General Fund (7) .................... $12,006,881.00 406,741.00 3,396,038.00 4,761,323.00 12,021,000.00 680,189.00 479 REVENUE Grants-in-Aid Commonwealth $51,693,356.00 Welfare (8) ....................................... 7,142,548.00 1) Expendable Equipment (001-054-5311-2035) $ 500.00 2) Furniture & Equipment (001-054-5311-9005) 900.00 3) Expendable Equipment (001-054-5313-2035) 5,525.00 4) Furniture & Equipment (001-054-5313-9005) 8,100.00 5) Expendable Equipment (001-054-5314-2035) 675.00 6) Furniture & Equipment (001-054-5314-9005) 1,800.00 7) Contingency (001-002-9410-2199) (3,500.00) 8) P.A. Administration & Staff Development (001-020-1234-0676) 14,000.00 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 18th day of December, 1989. No. 29889-121889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Capital Projects 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) ...................... $15,382,979.00 533,689.00 13,114,809.00 CAPITAL PROJECTS FUND Appropriations Streets and Bridges $ 4,551,511.00 Roanoke River Flood Reduction Project (3) ......... 150,000.00 1). Equip. Replacement Contingency 2) Transfer to Capital Fund 3) Appr. From General Revenue (001-004-9410-2202) (001-004-9310-9508) (008-052-9651-9003) $(15o,ooo.oo) 150,000.00 150,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED 48O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of December, 1989. No. 29890-121889. AN ORDINANCE authorizing the execution of a contract with the United States Army Corps of Engineers for design of the Wiley Drive bridge replacements in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, ..respectively, in form approved by the City Attorney, a contract with terms and conditions deemed appropriate with the United States Army Corps of Engineers for design services for the Wiley Drive bridge replacements in con- junction with the Roanoke River Flood Reduction Project, at a cost ceiling of $150,000.00, payment to be made for actual hours expended on the design, as more particularly set forth in the report to this Council dated December 18, 1989. 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 December, 1989. No. 29891-121889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Parks, Recreation, and Cultural Contributions - Cultural (1) ...................... $3,691,060.00 669,675.00 FUND BALANCE Reserved CMERP - City (2) ......................... 1) VWCC (001-002-7220-3710) $ 34,635.00 2) Reserved CMERP City (001-3323) (34,635.00) $ 934,940.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1989. No. 29883-122689. 481 AN ORDINANCE amending and reordaining subsection (a) of §32-169, Levied; amount and repealing §32-169.1, Amount of tax on and after October 1, 1979, on and after October 1, 1980, and on and after October 1, 1981, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to increase the amount of tax imposed on purchasers of a utility service upon certain terms and conditions and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of §32-169, Levied; amount, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §32-169, Levied; amount. (a) There is hereby imposed and levied by the city, upon each and every purchaser of a utility service, a tax in the amount of twelve (12) percent of the charge made by the seller against the purchaser with respect to each utility service; provided, however, that during the periods from October first of each year through May thirty-first next following, the tax herein imposed shall not be deemed to apply to that part of the charge in excess of fifteen dollars ($15.00) per month made by any seller of electricity to a purchaser thereof under a domestic service contract who uses such electricity as the principal source of space heating in a purchaser-occupied private home or a purchaser-occupied private residential unit; nor, during such annual periods, shall the tax herein imposed be deemed to apply to that part of the charge in excess of fifteen dollars ($15.00) per month made by any seller of gas to a purchaser thereof under a domestic service contract who uses such gas as the principal source of space heating in a purchaser-occupied private home or a purchaser-occupied private residential unit. 2. Section 32-169.1, Amount of tax on and after October 1, 1979, on and after October 1, 1980, and on and after October 1, 1981, Code of the City of Roanoke (1979), as amended, is hereby repealed. 3. The effective date of this ordinance shall be March 1, 1990, and the City Clerk is hereby directed to provide immediately, and no later than December 31, 1989, a copy of this ordinance by certified mail to the registered agents of the utility corporations required to collect the taxes referred to herein. APPROVED AttESt: City Clerk 482 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1989. No. 29892-122689. AN ORDINANCE authorizing the assignment of the management agreement for the Municipal Parking Garage, 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, appropriate docu- mentation approving the assignment of the management agreement for the Municipal Parking Garage, dated March 31, 1978, from APCOA, Inc., to Allright Roanoke Parking, Inc., as more particularly set forth in the report to this Council dated December 26, 1989. 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. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1989. No. 29893-122689. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Utility Line Services Capital Outlay (1) ................................ $2,638,353.00 314,242.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) .............. $1,945,321.00 1) Construction - Structures (006-056-2625-9060) $ 5,187.00 2) Retained Earnings - Unrestricted (006-3336) {5,187.00) 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 December, 1989. No. 29894-122689. 483 AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with S. J. Conner and Sons, Inc., relating to construction of the new fueling station, Utility Lines site, 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. J. Conner and Sons, Inc., dated August 14, 1989, relating to construction of the new fueling station, Utility Lines site. 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT $ 69,635.00 DESCRIPTION OF CHANGE ORDER: Unanticipated removal of rock for two 5000-gallon fuel storage tanks, plus concrete anchor slab 7,202.62 Installation of safety rail around high portion of fueling platform (50' of safety rail) 1,349.00 Total $ 8,551.62 CONTRACT AMOUNT INCLUDING CHANGE ORDER NOS. i $ 78,186.62 Additional time resulting from Change Order No. I 14 calendar days. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: ~ City Clerk APPROVED 484 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1989. No. 29895-122689· AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay From Revenue Coyner Springs Sewer (1) .......................... RETAINED EARNINGS $ 4,500,681.00 433,143.00 Retained Earnings - Unrestricted (2) $13 668 812 O0 1) 2) Appropriations from General Revenue Retained Earnings - Unrestricted (003-056-8444-9003) (003-3336) $ 22,158.00 (22,158.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1989. No. 29896-122689. AN ORDINANCE approving the City Manager's issuance of Change Order No. 3 to the City's contract with Dixon Contracting, Inc., for construction of the Coyner Springs Gravity Sewer Main Extension; 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. 3 to the City's contract with Dixon Contracting, Inc., dated April 17, 1989, related to construction of the Coyner Springs Gravity Sewer Main Extension 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT CONTRACT AMOUNT WITH PREVIOUS CHANGE ORDERS DESCRIPTION OF CHANGE ORDER: $ 258,783.00 389,848.00 Ductile Iron Pipe and labor at M.H.7 3,642.34 Additional paving repair: 178.9 sq.yds. @ $12.50*/sq.yd. Additional road shoulder stone 0.9 cu.yds @ 25,~00'/cu yd. Gradi .ng. ~a.nd~seedi ny ~,lUl.~U sq.yas, at 3.00* sq.yd. Additional rock 303.07 cu.yds. @ $6._50*. cu.yd. Unstable pipe bed materia! (mud removed & gravel installed) 28.37 cu.yds. @ $30.O0*/cu.yd. Addition of one sewer connection at Juvenile Detention Home (found during excavation) Over run on several other items from bid quantity (deduct) Total 2,236.25 22.50 12,305.70 1,969.96 851.10 1,311.44 (181.75) $ 22,157.54 485 Cost same as unit price on Bid Form. Original bid quantity underestimated. Final quantities include topsoil stripping, stockpiling and replacing on Jeter property in lieu of seeding. CONTRACT AMOUNT INCLUDING CHANGE ORDER NOS. 1,2 and 3 $ 412,005.54 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1989. No. 29897-122689. AN ORDINANCE providing for the purchase of a four-wheel drive vehicle for the City Sheriff's Department upon certain terms and conditions; and pro- viding for an emergency. WHEREAS, the City Sheriff is responsible for delivering necessary civil and criminal process, transporting prisoners and other related duties which require travel to many various areas of the City, and WHEREAS, in inclement weather, there are many areas of the City which are difficult or impossible to reach without a four-wheel drive vehicle; and WHEREAS, the Sheriff does not have an operable four-wheel drive vehicle available for use of his department at this time; and WHEREAS, there is an immediate need for this type of vehicle; and WHEREAS, Fulton Trucks, Inc. has offered to sell a new four-door, four- wheel drive vehicle to the City for a total cost of $16,508.04, which is a com- petitive price. 486 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Fulton Trucks, Inc. made to the City to furnish one new four-door, four-wheel drive vehicle meeting the City's requirements and specifications made therefore, for the total amount of $16,508.04 is hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefore, incorporating into said order the City's specifications, the terms of said bidder's offer and the terms and provisions of this ordinance. 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 C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1989. No. 29898-122689. A RESOLUTION requesting the 1990 Session of the General Assembly of Virginia to enact a Charter for the Roanoke Metropolitan Government, a regional government pursuant to Article VII, §1, Constitution of Virginia. WHEREAS, the governing bodies of the City of Roanoke (the "City") and the County of Roanoke (the "County"), through their respective negotiating teams, have been engaged in the process of negotitating a Consolidation Agreement pursuant to §15.1-1132, et~, Code of Virginia (1950), as amended, which the governing bodies intend-~-o file with the Circuit Courts for the City and the County on or before February 28, 1990; WHEREAS, the governing bodies of the City and the County intend to con- solidate into one regional unit of general government pursuant to Article VII, §1, Constitution of Virginia, with the name of such regional government being Roanoke Metropolitan Government; WHEREAS, a Charter for the proposed new unit of local government is an integral part of the Consolidation Agreement on which the governing bodies intend to hold a referendum on November 6, 1990; WHEREAS, Article VII, §2, Constitution of Virginia, and Chapter 17 of Title 15.1, Code of Virginia (1950), as amended, authorize the General Assembly to grant a Charter for the Roanoke Metropolitan Government; WHEREAS, at a special meeting of the Council held on December 18, 1989, at 7:30 p.m., in the Exhibit Hall of the Civic Center, after due and proper advertisement pursuant to §15.1-835, Code of Virginia (1950), as amended, which notice contained, inter alia, an informative summary of the proposed new Charter, a public hearing w--l-E~ respect to such Charter was held before the City Council at which all citizens so desiring were afforded an opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to grant such 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 Charter for Roanoke Metropolitan Government, the Council is of the opinion that the 1990 Session of the General Assembly should be requested to grant such Charter to be effective July 1, 1993. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 487 1. The General Assembly of Virginia is hereby requested at its 1990 Session to grant a Charter for Roanoke Metropolitan Government, a regional government pursuant to Article VII, §1, Constitution of Virginia, the form of such Charter being attached hereto and incorporated herein by reference. 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 at the 1990 Session of said General Assembly two copies of this resolution, along with the attached Charter for Roanoke Metropolitan government, with the request that such Charter be put into the form of a bill to be introduced on or before the first day of the 1990 Session of the General Assembly and to be effective July 1, 1993. 3. The City Clerk is further directed to forward an attested copy of this resolution to the Clerk of the Roanoke County Board of Supervisors. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1990. No. 29899-1290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 (1) ................................... $15,343,604.00 561,750.00 25,802,232.00 5,831,122.00 (1) Equipment Repl. Contingency (2) Other Equipment (001-002-9410-2202) (001-050-3113-9015) $(37,375.00) 37,375.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk 488 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1990. No. 29900-1290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS City Information Systems Capital Outl ay (1) ............................... RETAINED EARNINGS $1,910,395.00 148,769.00 Retained Earnings - Unrestricted (2) .................. $1,945,321.00 (1) Other Equipment (2) Retained Earnings - Unrestricted (006-050-1601-9015) (006-3336) $ 43,182.00 (43,182.00) 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 2nd day of January, 1990. No. 29901-1290. AN ORDINANCE 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, 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, 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 January 8, 1989, 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. 489 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 2nd day of January, 1990. No. 29902-1290. AN ORDINANCE authorizing the execution of a contract with Horner and Associates, P.C., to provide preliminary design and related services for the renovation and restoration of the Campbell Avenue properties; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Horner and Associates, P.C., for the provision by such firm of preliminary design and related services for the renovation and restoration of the Campbell Avenue properties, as more particularly set forth in the January 2, 1990, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall not exceed the sum of $40,600.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1990. No. 29903-1290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 49O APPROPRIATIONS Non-Departmental Contingency - General Fund (1) ..................... Public Works Refuse Collections (2) ............................. $15,446,280.00 438,181.00 19,001,605.00 3,901,191.00 (1) Equipment Repl. Contingency (2) Vehicular Equipment (001-002-9410-2202) $ (88,508.00) (001-052-4210-9010) 88,508.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1990. No. 29904-1290. AN ORDINANCE accepting bids for a new refuse truck cab/chassis and refuse body; rejecting 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price One (1) new Refuse Truck Cab/Chassis delivered to body manufacturer and including performance bond Fulton Trucks, Inc. $64,937.95 One (1) new 20 cu. yd. rear First Piedmont Corporation loading Refuse body to be mounted on item #1, delivered F.O.B., Roanoke, Virginia, and including performance bond. $23,570.00 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifi- cations, the respective bids made therefor and in accordance with this ordi- nance. 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. ATTEST: ~ . ~'~ C~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of January, 1990. No. 29905-1290. 491 AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting a new Division 3, Unlawful Exposure and Facilitating Unlawful Exposure, to Article IV, Obscenity, of Chapter 21, Offenses - Miscel- laneous, such new Division 3 consisting of §§21-124, Definitions, 21-125, Unlawful exposure prohibited, 21-126, Facilitating unlawful exposure prohibited, 21-127, Location of performers providing certain forms of entertainment restricted; and 21-128, Exemptions, such new Division 3 defining the crimes of Unlawful Exposure and Facilitating Unlawful Exposure, establishing penalities, providing for exemptions and regulating the location of certain entertainers; and providing for an emergency. WHEREAS, the City Council has determined that the activities defined and prohibited hereinafter are detrimental to the public health, safety, morals and general welfare; and WHEREAS, the City Council finds that certain forms of public nudity including barroom type topless dancing, whether or not presented in conjunction with the sale of alcoholic beverages, promote prostitution, other illegal acti- vity and degrade the quality of the City's residential and business environment; and WHEREAS, the City Council intends to regulate conduct as set forth hereinafter for the purposes of discouraging such illegal activity, reducing the need to expend law enforcement resources, and protecting the quality of the City's residential and business environment without interfering with the free exchange and expression of ideas; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article IV, Obscenits, of Chapter 21, Offenses-Miscellaneous, Code of the City of Roanoke (1979), as amended, shall be amended and reordained by the addition of a new Division 3, Unlawful Exposure and Facilitating Unlawful Exposure, consisting of new Sections 21-124, Definitions, 21-125, Unlawful exposure prohibited, 21-126, Facilitating unlawful exposure prohibited, 21-127, Location of performers providing certain forms of entertainment restricted, and 21-128, Exemptions, to read and provide as follows: DIVISION 3. Unlawful Exposure and Facilitating Unlawful Exposure §21-124. Definitions. (a) "Expressive dance" means any dance which, when con- sidered in the context of the entire performance, constitutes an expression of theme, story or ideas, but excluding any dance such as, but not limited to, common barroom type topless dancing which, when considered in the context of the entire performance, is present pri- marily as a means of displaying nudity as a sales device or for other commercial exploitation without substan- tial expression of theme, story or ideas. (b) "Public exposure" means the act of revealing, exhibiting or otherwise rendering open to public view. (c) "Public place" means any place in which the general public has a right to be present, whether or not con- ditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided. 492 (d) "Unlawful exposure" means: (1) A public exposure of any portion of the human anus or genitals; or (2) A public exposure of any portion of the female breast lower than the upper edge of the areola; or (3) A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; or (4) Any other lewd act, whether publicly performed or not. §21-125. Unlawful exposure prohibited. It shall be unlawful and a Class I misdemeanor for any person to intentionally commit any act constituting unlawful exposure as defined in this Division. §21-126. Facilitating unlawful exposure. It shall be unlawful and a Class i misdemeanor for the owner, lessee, manager, operator or other person in charge of any public place to knowingly permit, encourage or cause to be committed, whether by commission or omission, any unlawful eXposure upon said permises. §21-127. Location of performers providing certain forms of entertainment restricted. No entertainer shall appear in any public place while unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, except upon a stage or other surface raised at least eighteen (18) inches above the level of the floor upon which the closest patrons are seated or standing. No such entertainer shall perform closer than six (6) feet from the nearest patron, and any performer shall be separated from patrons by a sturdy physical barrier at least four (4) feet in height and located so as to main- tain at least six (6) feet of separation between any enter- tainer and patrons. A violation of this section shall constitute a Class i misdemeanor. §21-128. Exemptions. The prohibitions and regulations set forth in §§21-125, 21-126 and 21-127 shall not apply to any: (a) "Expressive dance" as defined in §24-124; (b) Play, opera, musical, or other dramatic work; (c) Class, seminar, or lecture, conducted for a scien- tific or educational purpose; (d) Nudity within a locker room or other similar faci- lity used for changing clothing in connection with athletic or exercise activities; (e) Nudity or other exposure which, when considered in the context presented, provides actual literary, artistic, political or scientific value and is not provided for commercial or sexual exploitation or with emphasis on an appeal to a prurient interest. 493 2. 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1990. No. 29909-1890. AN ORDINANCE authorizing the execution of an agreement with Mental Health Services of Roanoke Valley for the renovation of the Alcoholic Detoxifi- cation and Rehabilitation Center at 801 Shenandoah Avenue, N. W., and providing for an emergency. WHEREAS, the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N. W., is the only facility providing medically supervised detoxification for drug and alcohol addicted low income persons in the Roanoke Valley; and WHEREAS, Mental Health Services of the Roanoke Valley annually treats, at this facility, in excess of two hundred low income Roanoke city residents for alcohol and drug addiction, thereby providing a valuable public service to the citizens of Roanoke; and WHEREAS, this facility is in need of extensive renovation or will be at risk of losing State licensure to treat these people; and WHEREAS Mental Health Services of the Roanoke Valley is particularly suited to provide this service, and to obtain appropriate funding for such ser- vice, and has obtained $226,000 in matching funds for said renovation. NOW, THEREFORE, 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, for and on behalf of the City, to execute and attest, respec- tively, an agreement with Mental Health Services of Roanoke Valley for renova- tion of the Alcohol and Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N. W. 2. The City of Roanoke shall provide $84,000 in Community Development Block Grant (CDBG) funds as a local share for the project to be matched with the following amounts as a minimum: State Mental Health and Mental Retardation [City of Roanoke CDBG funds Va. Dept. of Housing and Community Development Va. Housing & Development Authority Loan City of Salem, Virginia Botetourt County, Virginia $100,000 84,000] 94,000 64,889 5,560 1,451 Total $350,000 The form of the agreement with the organization shall be approved by the City Attorney. 494 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 8th day of January, 1990. No. 29910-1890. A RESOLUTION directing that the City Attorney institute and conduct suit to collect delinquent real estate taxes and assessments by judicial sale. BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney is authorized and directed to institute and conduct a suit to collect delinquent real estate taxes and assessments by public or private judicial sale with respect to the following described real estate lying in the City of Roanoke, Virginia: Assessed Legal Property Owner(s) Description Address Rucker, Ralph A. & G1 oria Lot 12, Blk 39, East Gate (3220904) 1344 Archbold Ave., N. E. Niblett, David Lee & Mary Margaret Lot 2, Blk 15, WEL (1213007) 1706 Patterson Ave. N. W. Banks, Francis & Lucy C. N. W. Lot 6, Blk 63, Melrose (2332206) 1810 Mercer Ave., Martin, Gracie, et al. E1/2 Lots 12-13, Villa Heights (2430442) 2227 Clifton Street, N. W. Martin, Gracie, et al. Lot 3, Blk 94, Melrose (2331101) Carroll Ave., N. W. Jackson, Maceo & Essie V. Lot 4, Blk 2, Franwill (2330512) 1719 Carroll Ave., N. W. ATTEST City Clerk APPROVED Mayor~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1990. No. 29911-1890. 495 AN ORDINANCE authorizing the proper City officials to enter into a lease agreement with respect to certain property owned by Craig J. Putziger at 712 Patterson Avenue, S. W., in the City of Roanoke, upon certain terms and con- ditions; authorizing the sublease of the property to the Virginia State Department of Health, 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 Assistant City Manager is hereby authorized to enter into a written lease agreement with Craig J. Putziger (the owner), in form approved by the City Attorney, by which the owner will lease to the City certain property, totalling approximately 3,100 square feet, at 712 Patterson Avenue, S. W., including grounds and parking areas, for a period of five (5) years, at a lease rate of $6.00 per square foot of finished building space or a monthly ren- tal of $1,550.00 for the first year, with annual increases of five percent (5%) each year thereafter to a maximum of $7.50 per square foot, and upon certain other terms and conditions as more particularly set out in report of the Water Resources Committee to this Council dated January 8, 1990. 2. The City Manager or Assistant City Manager is hereby authorized and directed to enter into a written sublease agreement with the Virginia State Department of Health, on behalf of the City, in form prepared and approved by the City Attorney, for the sublease of certain property situate in the City of Roanoke at 712 Patterson Avenue, S. W., including grounds and parking areas, for a period of five (5) years, at a lease rate of $6.00 per square foot of finished building space or a monthly rental of $1,550.00 for the first year, with annual increases of five percent {5%) each year thereafter to a maximum of $7.50 per square foot, said sublease to commence on January 1, 1990 and end December 31, 1994, and contain certain other terms and conditions as are approved and required by the City Manager. 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 16th day of January, 1990. No. 29906-11690. AN ORDINANCE to §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and amending conditions proffered in connection with previous rezoning of 2.184 acre portion of Official Tax No. 2660519. 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 LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke {1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and 496 WHEREAS, a public hearing was held by the City Council on said applica- tion at its meeting on January 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 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. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as 0.43 acre tract of land lying near the northeast intersection of Melrose Avenue, N. W., and Country Club Drive, N. W., designated on Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2660519 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 Amended Petition to Rezone filed with the City Clerk on December 19, 1989, and that Sheet No. 266 of the Zone Map be changed in this respect. BE IT FURTHER ORDAINED that the proffered condition presently restricting the use of the 2.184 acre portion of Official Tax No. 2660519 is hereby amended and expanded to include the 0.43 acre parcel being rezoned by this ordinance, in accordance with the recommendations contained in the report of the Planning Commission dated January 8, 1990. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1990. No. 29907-11690. 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, Nancy W. Cross 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 January 8, 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 497 WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A portion of Barns Avenue, N. W., approximately 672 feet in length, extending in a westerly direction from the east property line of the parcel identified as Official Tax No. 6600101 to the right-of-way of Virginia Route 117. 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 Manager or his designee is hereby authorized to request the Commonwealth of Virginia to determine ownership of the remaining section, east of barricaded area, of old Route 117/Barns Avenue and if necessary to request and accept con veyance of fee simple title to this property to the City of Roanoke and execute such other documentation as may be necessary to effect the purposes of this ordinance. BE IT FURTHER ORDAINED that this ordinance shall be contingent upon the following conditions: (1) The applicant shall provide, and/or dedicate and construct an ade- quate turnaround acceptable to the City Engineer at the terminus of Barns Avenue, N. W., and provide to the City a subdivision plat and development plan to provide for street line division, all necessary easements and protection of the existing tributary (Bushong Creek) that passes through the property; (2) Conveyance of title and recordation of a deed in form acceptable to the City Attorney to the remaining 144foot section (east of the barricaded area) of Old Route 117/Barns Avenue by the Commonwealth of Virginia to the City of Roanoke in the event it is determined that title does not currently vest in the City of Roanoke; (3) Title to the remaining 144-foot section (east of the barricaded area) of Old Route 117/Barns Avenue shall vest in the adjoining owners upon closure by operation of law or otherwise. 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. 498 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 Nancy W. Cross, and the names of any other parties in interest who may so request, as Grantees. BE IT FINALLY ORDAINED that in the event all of the conditions set forth in the Planning Commission recommendation made to Council on January 8, 1990, have not been met within two (2) years from the date of adoption, this ordinance shall become null and void with no further action of City Council. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1990. No. 29908-11690. AN ORDINANCE amending and reordaining subsection (b) of §32-169, Levied; amount, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to provide a maximum amount for any single utility tax applied to each separate meter or location and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of §32-169, Levied; amount, of the Code of the City of Roanoke {1979), as amended, is amended and reordained as follows: §32-169. Levied; amount. (b) With respect to each utility service purchased, the amount of any single tax imposed upon the purchaser thereof shall be limited to a maximum of two thousand four hundred dollars ($2,400.00) per month, applied to each separate meter or location of the purchaser. 2. The effective date of this ordinance shall be April 1, 1990, and the City Clerk is hereby directed to provide immediately, and no later than January 30, 1990, a copy of this ordinance by certified mail to the registered agents of the utility corporations required to collect the taxes referred to herein. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1990. No. 29912-11690. 499 AN ORDINANCE authorizing the proper City officials to enter into a five-year extension of the lease agreement with purchase option between the City and Budget Rent-a-Car of Roanoke, Inc., for a one-acre parcel of land on the south side of Municipal Road, N. W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized to execute and attest, respec- tively, for and on behalf of the City of Roanoke, a five-year extension of the lease with Budget Rent-a-Car of Roanoke, Inc., for a one-acre portion of a 12.93-acre tract on the south side of Municipal Road, N. W., bearing Official Tax No. 6640105, such agreement to be for a five-year term ending December 31, 1994, at an annual lease rate of $8,616.00 or $718.00 per month, and to contain a purchase option upon thirty (30) days written notice by Lessee, at any time during the five-year extension at a price determined by appraisal and approved and mutually agreed upon by both parties, to include the requirement that Lessee accomplish the subdivision of the property and conform to all appropriate City Codes ~and ordinances, and to contain such other terms and conditions as are approved and required by the City Manager as set forth in a report to this Council dated January 2, 1990, in form approved by the City Attorney. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1990. No. 29913-11690. AN ORDINANCE authorizing the abandonment of a certain water line ease- ment and acceptance of the dedication of a new replacement easement in connec- tion with the River Park Shopping Center, 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, in form approved by the City Attorney, the appropriate documentation necessary to abandon a cer- tain original 10' water line easement through the existing River Park Shopping Center in Vinton, Virginia, and to accept dedication of a new 20' water line easement with pipe in place through property of P-N-C, a North Carolina General Partnership, as owner of the River Park Shopping Center, such documentation including appropriate evidence of title to the newly dedicated easement to be provided by P-N-C, as more particularly set forth in the report of the Water Resources Committee to this Council dated January 8, 1990. ATTEST: City Clerk APPROVED Mayor 5O0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1990. No. 29914-11690. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works Snow Removal (1-5) ................................. Nondepartmental Contingency - General Fund (6) ..................... $18,988,187.00 188,892.00 15,435,371.00 427,272.00 (1) Overtime Wages (001-052-4140-1003) $ 25,000.00 (2) F.I.C.A. (001-052-4140-1120) 2,000.00 (3) Expendable Equipment (001-052-4140-2035) 2,000.00 (4) Motor Fuels & Lubricants (001-052-4140-2038) 3,000.00 (5) Chemicals (001-052-4140-2045) 43,090.00 (6) Contingency (001-002-9410-2199) (75,090.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1990. No. 29915-11690. AN ORDINANCE authorizing and directing the proper City officials to enter into a certain lease between the City of Roanoke and Crystal Tower Associates for use by the multi-jurisdictional drug prosecutor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk be, and they are hereby, authorized and directed to execute and attest, respectively, for and on behalf of the City of Roanoke, in such form as is approved by the City Attorney, with Crystal Tower Associates a lease of Suite 205 on the second floor of the Crystal Tower Building, 145 W. Campbell Avenue, for use by the multi-jurisdictional drug prosecutor, as described in the City Manager's report of January 16, 1990, for a period of twelve (12) months commencing on January 1, 1990 and terminating December 31, 1990. The monthly rental shall be $455.00. Such lease shall con- tain such other terms and conditions as are approved and required by the City Manager. 501 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1990. No. 29916-12290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Education $63,528,013.00 Instruction (1-2) .................................. 44,821,537.00 Other Uses of Funds (3) ............................ 897,293.00 Revenue Grants-in-Aid Commonwealth (4) ..................... $51,790,091.00 GRANT FUND Appropriations Education $14,322,784.00 Licensed Practical Nursing (5) ...................... 1,400.00 1989-90 Transitional Services (6-9) ................. 11,904.00 Vocational Education Equipment (10) ................. 132,600.00 Educational Technologies (11) ....................... 4,846.00 Math/Science Curriculum Development (12-16) ......... 22,838.00 Revenue Education $14,322,784.00 Licensed Practical Nursing (17) ..................... 1,400.00 1989-90 Transitional Services (18) .................. 11,904.00 Vocational Education Equipment (19-20) .............. 132,600.00 Educational Technologies (21) ....................... 4,846.00 Math/Science Curriculum Development (22) ............ 22,838.00 (1) Vocational Teachers (2) Comp. of Teachers (3) Transfer to Grant Fund (4) Vocational Education Revenue (001-060-6001-6143-0121) (001-060-6001-6143-0121) (001-060-6005-6999-0911) (001-060-6000-0636) $ 96,735.00 (92,580.00) 92,580.00 96,735.00 '502 (5) Tuition (6) Contracted Services (7) Travel (8) Instruct. Materials (9) Climate Study Mat. (10) Equipment (11) Computer Equipment (12) Elementary Inservice Training (13) Social Security (14) Printing (15) School Field Trips (16) Resource Materials (17) Fed. Grant Receipts (18) Fed. Grant Receipts (19) Local Match (20) State Grant Receipts (21) State Grant Receipts (22) Fed. Grant Receipts (035-060-6421-6334-0382) (035-060-6580-6553-0313) (035-060-6580-6553-0551) (035-060-6580-6553-0614) (035-060-6580-6553-0615) (035-060-6741-6343-0821) (035-060-6958-6669-0821) (035-060-6227-6314-0129) (035-060-6227-6314-0201) (035-060-6227-6314-0351) (035-060-6227-6314-0583) (035-060-6227-6314-0617) (035-060-6421-1102) (035-060-6580-1102) (035-060-6741-1101) (035-060-6741-1102) (035-060-6958-1101) (035-060-6227-1102) 1,400.00 2,400.00 2,804.00 3,500.00 3,200.00 132,600.00 4,846.00 18,880.00 1,445.00 86.00 177.00 2,250.00 1,400.00 11,904.00 92,580.00 40,020.00 4,846.00 22,838.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 1990. No. 29917-12290. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Crystal Spring Elementary school. WHEREAS, the School Board for the City of Roanoke, on the 22nd day of January, 1990, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $2,000,000 for modernizing and improving the present school building at Crystal Spring Elementary School, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. RESOLVED, that the application of the City School Board to the State Board of Education of Virginia for a loan of $2,000,000 from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. ATTE ST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29918-2590. 503 AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real pro- perty for the foregoing; and providing for an emergency. WHEREAS, the Council of the City of Roanoke, Virginia (the "City"), deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of Roanoke certain necessary permanent public impro- vements, and that this ordinance should become effective upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. It is deemed expedient and necessary in the judgment of the Council of the City to issue and sell general obligation bonds of the City in the principal amount of FIFTEEN MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($15,250,000) for the purpose of providing funds to be applied, with our without other funds, to defray the cost to the City of acquisitions, construction, addi- tions, betterments, extensions and improvements of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisi- tion of real property for the foregoing. If upon completion of any of such needed permanent public improvements, there remains any unexpended balance of the amount of bond proceeds allocated therefor, such balance may be used for other needed public improvements set forth in this paragraph, as determined by the Council of the City. 2. Pursuant to Section 47 of the Charter of the City, there are hereby authorized to be issued general obligation bonds of the City in an aggre- gate principal amount not exceeding $15,250,000 for the purpose of raising moneys to pay the cost of the permanent public improvements set forth in paragraph i hereof. The full faith and credit of the City is pledged to the payment of the principal and interest of such bonds. 3. The Council shall by resolution adopted from time to time prescribe the amount of such bonds to be issued from time to time and the form thereof, and all other details with respect thereto, in accordance with law. 4. Such bonds shall not be issued unless and until this ordinance has been approved by the affirmative vote of a majority of the qualified voters of the city voting in an election to be called in the manner provided by the Charter of the City to be held on May'l, 1990. 5. In order to provide for the public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVED 5-04 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29919-2590. AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia, will approve Ordinance No. 29918, duly adopted by. the Council of the City of Roanoke on February 5, 1990, providing for the issue of certain general obligation bonds of the City of Roanoke; and providing for an emergency. WHEREAS, THIS Council (the "Council") of the City of Roanoke, Virginia (the "City"), deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of certain necessary per- manent public improvements, set out in Ordinance No. 29918, duly adopted by the Council on February 5, 1990, and that this ordinance should become effective upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. Pursuant to Section 47 of the Charter of the City, an election shall be held in the City on May 1, 1990, to determine whether the qualified voters will approve an ordinance, duly adopted by the Council on February 5, 1990, entitled: "No. 29918. AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public impro- vements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing; and providing for an emergency." 2. Such election shall be conducted in the manner prescribed by law for the conduct of regular elections. 3. The judges and clerks for the several voting precincts in the City are hereby appointed officers of election to conduct such election, and in the case of failure of any one or more of them to act, then the place or places of such shall be filled in the manner provided for in case of regular elections. 4. The Secretary of the Electoral Board of the City is hereby directed to give public information of such election, setting forth the time and place thereof by publishing notice of the same to which shall be attached an attested copy of this ordinance in a newspaper of general circulation in the City and published in the City at least 10 days before the date of the election. 5. The Electoral Board of the City shall forthwith and not less than 30 days prior to the date of the election herein provided for cause proper ballots to be prepared for use at such election, and such ballots shall be in the following form: 505 COMMONWEALTH OF VIRGINIA OFFICIAL BALLOT CITY OF ROANOKE SPECIAL ELECTION TUESDAY, MAY 1, 1990 BOND ELECTION QUESTION: Shall Ordinance No. 29918, adopted by the Council of the City of Roanoke on February 5, 1990, entitled: "AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real pro- perty for the ' foregoing; and providing for an emergency.", be approved? YES ~ NO 6. The ballot and the City's voting machines shall be prepared in conformity with the provisions of Section 24.1-165 and of Article 6, Chapter 7, Title 24.1, Code of Virginia (1950), as amended, respectively, and each voter shall vote in the manner prescribed by such statutes. Prepared, locked voting machines and keys and voted absentee voters' ballots shall be delivered to the officers of election for use in such election, in the same manner as prepared, locked voting machines and keys and voted absentee voters' ballots are delivered to the officers of election in regular elections. 7. The officers of election shall immediately after the closing of the polls lock and seal the voting machines against further voting and in the manner provided by general law count the ballots cast and determine and announce the results of the vote upon the question voted upon and make written return to the Electoral Board which, within two days following the election, shall make written return of the result of such election to the City Clerk, specifying the number of votes cast "YES" and the number of votes cast "NO" on the question voted upon. .Such return shall be presented to the Council at its next regular meeting and shall be spread upon the journal; and pursuant to Sections 24.1-143 and 24.1-144, Code of Virginia (1950), as amended, such officers of election shall further seal up the poll books, duplicate statement of results and ballots and by noon on the day following the election transmit the same to the Clerk of the Circuit Court for the City to be deposited in a secure place and safely kept for 12 months thereafter. 8. The City Clerk is hereby authorized and directed to forward as soon as practicable a certified copy of this ordinance as adopted by the Council to the State Board of Elections in accordance with Section 24.1-165, Code of Virginia (1950), as amended, and to the Electoral Board of the City. 9. In order to provide for the public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk 506 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29920-2590. A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager by report of January 16, 1990, and expressing the intent of the Council to finance certain proposed Capital Improvement Projects through issuance of General Obligation Bonds after approval by the voters of the City in a bond referendum to be held on May 1, 1990. WHEREAS, by report of January 16, 1990, and the attachments to such report, the City Manager has presented an updated 5-Year Capital Improvement Program for Fiscal Years 1990-1994 which represents an investment in the future of Roanoke and offers the City the opportunity to significantly improve its facilities and physical resources while strengthening the City's economic base; WHEREAS, completion of such Capital Improvement Program will require the issuance of $15,250,000 principal amount of general obligation bonds of the City; WHEREAS, it is the intent of Council that such bonds be issued only after approval by the electorate in a bond referendum; and WHEREAS, this Capital Improvement Program will impose no extra burden on the taxpayer; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council endorses and concurs in the City Manager's recommen- dations for an updated 5-year Capital Improvement Program for the City of Roanoke for Fiscal Years 1990-1994 in the total amount of $114,443,508 as set out in the report of the City Manager dated January 16, 1990, and the attach- ments to such report. 2. It is the intent of this Council to finance the proposed Capital Improvement Program in part through the issuance $15,250,000 principal amount of general obligation bonds. 3. It is further the intent of this Council to obtain the approval of the electorate for the issuance of the $15',250,000 principal amount of general obligation bonds required to finance in part such Capital Improvement Program, with all projects to be financed by general obligation bonds being pre- sented to the electorate as a single unit, prior to the issuance of any bonds. 4. The City Attorney, upon receipt of necessary and relevant infor- mation from the City Manager and Director of Finance, is authorized to prepare such ordinances and resolutions for the consideration of this Council and to take such action as is necessary in conjunction with the City's bond counsel to cause the above-described bond issue to be submitted to the voters for referen- dum. APPROVED ATTEST: '~O~,~- City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29921-2590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: CAPITAL PROJECTS FUND Appropriations Education $ 8,694,990.00 Preston Park Elementary School Repairs (1) ........ 290,000.00 Revenue Accounts Receivable - Insurance - Preston Park (2) ..... $ 290,000.00 5'07 GRANT FUND Appropriations Education $14,171,315.00 Flow Through 89-90 (3-5) .......................... 676,422.00 Revenue Education Flow Through 89-90 (6-7) .......................... $14,171,315.00 676,422.00 (1) Repairs to School (008-060-6070-6896-0851) $ 290,000.00 (2) Accounts Rec.- Ins. Preston Park (008-1246) 290,000.00 (3) Health Ins. (035-060-6573-6453-0204) 195.00 (4) Contracted Health Serv. (035-060-6573-6553-0311) 21,424.00 (5) Supplies (035-060-6573-6553-0614) 500.00 (6) State Grant Receipts (035-060-6573-1100) 29,512.00 (7) Federal Grant Receipts (035-060-6573-1102) ( 7,393.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk 508 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29922-2590. AN ORDINANCE authorizing execution of an Agreement with Total Action Against Poverty In Roanoke Valley, Inc. (TAP), to provide for the loan of Community Development Block Grant funds for asbestos abatement in the Dumas Hotel, the site for the proposed Henry Street Music Center; authorizing exe- cution of Amendment No. i to the City's Contract for Services with the City of Roanoke Redevelopment and Housing Authority (RRHA), to provide for a decrease in CDBG funding; 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 hereby authorized and directed to execute an Agreement with Total Action Against Poverty in Roanoke, Valley, Inc., to provide for the loan of Community Development Block Grant funds in the amount of $212,000 for asbestos abatement in the Dumas Hotel; such Agreement to provide for the repayment of the loan, and to contain such other conditions and provision~ as are deemed appropriate by the City Manager, all as more particularly set ferth in the City Manager's report to Council dated February 5, 1990; such Agreement to be approved as to form by the City Attorney. 2. The City Manager and the City Clerk are hereby authorized and directed to execute Amendment No. I to the Contract for Services dated September 29, 1989, with the City of Roanoke Redevelopment and Housing Authority, to provide for the deletion of $212,000 from the Henry Street Revitalization Program, as requested in the City Manager's report to Council dated February 5, 1990; and Amendment No. I 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: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29923-2590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 5O9 APPROPRIATIONS Judicial Administration Juvenile & Domestic Relations Court (1) ............ Public Safety Jail (2) ........................................... $ 3,088,285.00 127,750.00 25,774,232.00 3,655,660.00 (1) Fees for Prof. Services (2) Reimbursements (001-076-2130-2010) (001-024-3310-8005) $ 60,000.00 (60,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29924-2590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works Street Maintenance (1) ............................. Public Safety Crisis Intervention (2) ............................ Building Inspections (3) ........................... Nondepartmental Contingency-General Fund (4) ....................... $19,022,084.00 2,419,236.00 25,837,647.00 378,783.00 574,726.00 15,330,684.00 322,585.00 (1) Vehicular Equipment (2) Vehicular Equipment (3) Vehicular Equipment (4) Equipment Replacement Contingency (001-052-4110-9010) (001-054-3360-9010) (001-052-3410-9010) (001-002-9410-2202) $ 20,480.00 15,940.00 17,474.00 (53,894.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor § 10 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29925-2590. AN ORDINANCE accepting bids for certain vehicular equipment; rejecting 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price I i - New 4-wheel drive Berglund Chevrolet, crew-cab pick up Inc. truck $ 20,479.22 2 1 - New 15-passenger Pomoco, Inc. $ 15,940.00 van (State Contract) i - New step van Berglund Chevrolet, Inc. $ 17,473.57 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's speci- fications, the respective bids made therefor and in accordance with this ordi- nance, as more particularly set out in report to this Council dated February 5 1990. ' 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. ATTEST: APPROVED City Clerk §11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29926-2590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Commissioner of Revenue (1) ........................ $ Treasurer (2) ...................................... General Services (3) ............................... Registrar (4) ...................................... Commonwealth Attorney (5) .......................... Police - Administration (6) ........................ Police - Investigation (7) ......................... Police - Patrol (8) ................................ 787,426.00 618,616.00 402,122.00 169,992.00 599,117.00 157,578.00 1,948,564.00 5,793,472.00 Police - Services (9) .............................. 1,655,320.00 Fire - Administration (10) ......................... 267,178.00 Fire - Operations (11) ............................. 8,424,425.00 Fire - Training and Safety (12) .................... 116,340.00 Jail (13) .......................................... 3,712,210.00 Emergency Medical Services (14) .................... 658,370.00 Street Maintenance (15) ............................ 2,392,507.00 Communications (16) ................................ 1,414,140.00 Custodial Services (17) ............................ 853,385.00 Building Maintenance (18) .......................... 3,165,223.00 Grounds Maintenance (19) ........................... 2,800,748.00 Social Services - Administration (20) .............. 401,691.00 Social Services - Income Maintenance (21) .......... 3,359,638.00 Social Services - Services (22) .................... 4,723,423.00 Social Services - Employment Services (23) ......... 437,564.00 Parks and Recreation (24) .......................... 1,254,132.00 Libraries (25) ..................................... 1,769,594.00 Economic Development and Grants (26) ............... 297,332.00 Personnel Lapse (27) ............................... ( 205,995.00) Revenue Commissioner of Revenue (28) ....................... $ 209,462.00 Treasurer (29) ..................................... 249,334.00 Commonwealth Attorney (30) ......................... 438,423.00 Jail (31) .......................................... 3,292,605.00 PA Administration & Staff Development (32) ......... 3,418,395.00 Employment Services (33) ........................... 355,447.00 INTERNAL SERVICE FUND Appropriations City Information Systems (34) ...................... $ 2,815,871.00 Utility Line Services (35) ......................... 2,622,703.00 Motor Vehicle Maintenance (36) ..................... 1,740,546.00 Personnel Lapse (37) ............................... ( 20,100.00) 512 (1) Regular Employee Salaries (2) Regular Employee Salaries (3) Regular Employee Salaries (4) Regular Employee Salaries (5) Regular Employee Sal aries (6) Regular Employee Salaries (7) Regular Employee Salaries (8) Regular Employee Salaries (9) Regular Employee Salaries (10) Regular Employee Salaries (11) Regular Employee Salaries (12) Regular Employee Salaries (13) Regular Employee Salaries (14) Regul ar Employee Sal ar' es (15) Regular Employee Salaries (16) Regular Employee Salaries (17) Regular Employee Salaries (18) Regular Employee Salaries (19) Regular Employee Salaries (20) Regular Employee Salaries (21) Regular Employee Salaries (22) Regular Employee Salaries (23) Regular Employee Salaries (24) Regular Employee Salaries (25) Regular Employee Salaries (26) Regular Employee Salaries (27) Personnel Lapse (28) Commissioner of Revenue (29) Treasurer (30) Commonweal th Attorney (31) Jail (32) PA Admin. & Staff Devel. (33) Employment Services (34) Regular Employee Salaries (35) Regular Employee Salaries (36) Regular Employee Salaries (37) Personnel Lapse (001-022-1233-1002) (001-020-1234-1002) (001-050-1237-1002) (001-010-1310-1002) (001-026-2210-1002) (001-050-3111-1002) (001-010-3112-1002) (001-072-3113-1002) (001-028-3114-1002) (001-050-3211-1002) (001-050-3213-1002) (001-050-3214-1002) (001-024-3310-1002) (001-050-3521-1002) (001-052-4110-1002) (001-052-4130-1002) (001-052-4220-1002) (001-052-4330-1002) (001-050-4340-1002) (001-054-5311-1002) (001-054-5313-1002) (001-054-5314-1002) (001-054-5316-1002) (001-050-7110-1002) (001-054-7310-1002) (001-002-8120-1002) (001-002-9410-1090) (001-020-1234-0612) (001-020-1234-0613) (001-020-1234-0610) (001-020-1234-0651) (001-020-1234-0676) (001-020-1234-0681) (006-050-1601-1002) (006-056-2625-1002) (006-052-2641-1002) (006-002-9411-1090) $(6,300.00) (3,050.00) (7,800.00) (1,550.00) (6,1oo.oo) (4,300.00) 42,200.00 37,650.00) 38,000.00) 3o0.o0) 9,8oo.oo) 1,950.00) 3,450.00) 5,ooo.oo) 6,250.00) 2,100.00) 6,900.00) 4,soo.oo) lO,OOO.OO) 5,o5o.oo) 36,400.00) 37,900.00) 8,050.00) 10,000.00) 9,900.00) 1,060.00 133,585.00 3,150.00) 1,525.00) 6,100.00) 3,450.00) 63,480.00) 8,050.00) 16,950.00) 20,650.00) 8,5oo.oo) 46,100.00 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 February, 1990. No. 29927-2590. AN ORDINANCE amending Chapter 21, Offenses - miscellaneous, Code of the City of Roanoke (1979), as amended, by enacting new 921-18.1, Solicitation for fornication, sodomy or adultery, such new section defining the crime of solicitation and establishing a penalty therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 21, Offenses - miscellaneous, Code of the City of Roanoke {1979), as amended, shall be amended and reordained by the addition of the following new section: 513 §21-18.1. Solicitation for fornication, sodomy or adultery. (a) Any person who (1) communicates to another, not his or her spouse, an offer to commit fornication as defined by §18.2-344, Code of Virginia (1950), as amended ("State Code"), or 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) accepts from another, not his or her spouse, an offer to com- mit 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; or (3) bargains with, negotiates with or inquires of another, not his or her spouse, concerning the price or other circumstances relating to commission 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 shall be guilty of a Class i misdemeanor. (b) No substantial act shall be required in the com- mission of the crime defined by subsection (a) of this sec- tion. (c) For the purposes of enforcement of this section, a court shall consider any evidence defining slang expressions, codes or other words used to describe fornication, sodomy or adultery or 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. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29928-2590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works Building Maintenance (1) ........................... Nondepartmental Contingency-General Fund (2) ....................... $19,015,805.00 3,184,223.00 15,370,378.00 362,279.00 514 (1) Maintenance 3rd Party Contract 1001-052-4330-3056) (2) Maintenance of Fixed Assets Contingency (001-002-9410-2201) $ 14,200.00 (14,200.00) 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 February, 1990. No. 29929-2590. AN ORDINANCE accepting the bid of Consolidated Industrial Roofing, Inc., made to the City for roof replacement at the Northwest Library; rejecting the other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Consolidated Industrial Roofing, Inc., made to the City for roof replacement at the Northwest Library, meeting all of the City's speci- fications and requirements therefor, for the total bid price of $12,610.00, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED, as more particularly set forth in the report to this Council dated February 5 1990. , 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, '515 The 12th day of February, 1990. No. 29934-21290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works $19,098,730.00 Building Maintenance (1) ............................ 3,192,058.00 Nondepartmental 15,268,503.00 Contingency-General Fund (2) ........................ 260,404.00 (1) Maintenance 3rd Party Contract (001-052-4330-3056) (2) Maintenance of Fixed Assets Contingency (001-002-9410-2201) $ 30,985.00 (30,985.00) 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 12th day of February, 1990. No. 29935-21290. AN ORDINANCE accepting certain bids for roof repairs on various City- owned buildings; rejecting the other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bids of Melvin T. Morgan Roofing and Sheet Metal, made to the City for roof repairs on the Washington Park Pool Building and Fallon Park Pool Building, meeting all of the City's specifications and requirements therefor, for the total bid price of $13,500.00, which bids are on file in the Office of the City Clerk, be and are hereby ACCEPTED, as more particularly set forth in the report to this Council dated February 12, 1990. 2. The bids of Consolidated Industrial Roofing, Inc., made to the City for roof repairs at Fishburn Park, Wasena Park, Jefferson High School and Fire Station No. 7, meeting all of the City's specifications and requirements therefor, for the total bid price of $17,485.00, which bids are on file in the Office of the City Clerk, be and are hereby ACCEPTED, as more particularly set forth in the report to this Council dated February 12, 1990. 516 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contracts with the successful bidders, based on their proposals made therefor and the City's specifications made therefor, said contracts to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 4. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1990. No. 29936-21290. AN ORDINANCE authorizing the execution of a contract with Hill Studio, P. C., to provide architectural and planning services for the Franklin Road/Elm Avenue Master Plan; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and On behalf of the City, to execute and attest, respectively, a contract with Hill Studio, P. C., for the provision by such firm of architectural and planning services for the Franklin Road/Elm Avenue Master Plan, as more particularly set forth in the February 12,1990, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall be in an amount not to exceed $15,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. The City Engineer is directed to notify the other firms which sub- mitted proposals to the City for this contract, and to express the City's appre- ciation for their proposals. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor 517 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of February, 1990. No. 29937-21290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Williamson Road Storm Drain, Ph. 2, Cont. IIC (1)... Williamson Road Storm Drain, Ph. 2, Cont. IID (2)... Williamson Road Storm Drain, Ph. 2, Cont. IE (3) .... Williamson Road Storm Drain, Ph. 2, Cont. IF (4) .... Williamson Road Storm Drain, Ph. 2, Cont. IIG (5)... General Government Downtown North (6) .................................. Streets and Bridges Major Bridge Repair/Replace (7) ..................... Capital Improvement Reserve Capital Improvement Reserve (8-14) .................. $ 8,520,213.00 863,688.00 672,561.00 1,584,532.00 738,113.00 718,373.00 5,773,472.00 156,270.00 4,552,511.00 137,400.00' 6,138,386.00 761,495.00 Public Improvement Bonds - Series 1988 (15) ......... 48,645,947.00 (1) Appropriations from General Revenue (2) Appropriations from Bonds (3) Appropriations from Bonds (4) Appropriations from Bonds (5) Appropriations from General Revenue (6) Appropriations from General Revenue (7) Appropriations from General Revenue (8) Parks (9) Neighborhood Storm Drain (10) Williamson Road Storm Drain (11) Storm Drains (12) Buildings (13) Econ. Development (14) Streets and Bridges (15) Storm Drains (008-052-9559-9003) (008-052-9622-9001) (008-052-9634-9001) (008-052-9635-9001) (008-052-9639-9003) (008-002-9616-9003) (008-052-9534-9003) (008-052-9575-9180) (008-052-9575-9187) (008-052-9575-9179) (008-052-9575-9176) (008-052-9575-9173) (008-052-9575-9178) (008-052-9575-9181) (008-052-9603-9176) $(84,627.00) (52,396.00) (158,116.00) (73,460.00) 21,663.00 (2,020.00) (4,000.00) ( 547.00) (260,442.00) (394,640.00) 718,046.00 547.00 2,020.00 4,000.00 283,972.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 518 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29930-22090. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 161, 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 Multi-Family District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on February 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. 161 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a 0.873 acre tract of land lying on Brandon Avenue, S. W., having a property address of 2801 Brandon Avenue, S. W., designated on Sheet No. 161 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1610204 be, and is hereby rezoned from RM-2, Residential Multi-Family District, to C-1, Office District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on January 9, 1990, and that Sheet No. 161 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29931-22090. 519 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 February 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 rezonin9; 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 a portion of a tract of land lying between Elm Avenue, S. E., S. 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 No. 4020801 be, and is hereby rezoned from LM, Light Manufacturing District, to C-1, Office District, and that Sheet No. 402 be changed in this respect. APPROVED ATTEST: City C1 erk Mayor 520 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29932-22090. AN ORDINANCE amending §36.1-25, Definitions; subsection (8) of §36.1-164, Permitted uses; subsection (8) of §36.1-206, Permitted uses; subsec- tion (9) of ~36.1-227, Permitted uses, §36.1-227, Permitted uses; by the addi- tion of subsection (39); subsections (20) and (24) of §36.1-249, Permitted uses; §36.1-250, Special exception uses, by the addition of subsection (5); subsection (b)(1) of §36.1-402, Additional Nard requirements; fence and wall regulations, subsection (c)(4)of)36.1-402, Additional Nard requirements; fence and wall regulations; §36.1-531, General requirements by the addition of subsection (j); su6section (b) of §36.1-585, Landscaping, and §36.1-723, Penalty for vio- lations; of the Code of the City'of Roanoke (1979), as amended, such amendments relating to art studios, dwelling units in C-3, Central Business District, per- mitted uses in LM, Light Manufacturing District, storage of rental motor vehicles in LM, Light Manufacturing District, height of fences in residential districts, extent of accessory uses, buffering requirements, and penalties for violations of Zoning Code, respectively. BE IT ORDAINED by the Council of the City of Roanoke that §36.1-25, Definitions; subsection (8) of §36.1-164, Permitted uses; subsection (8) of ~36.1-206; subsection (9) of §36.1-227, Permitted uses, subsections (20) and (24) of §36.1-249. Permitted uses, §36.1-250. Special exception uses, §36.1-402, Additional yard requirements; fence and wall regulation, §36.1-531, General requirements; §36.1-585, Landscaping, and §36.1-723, Penalty for violations, of the Code of the City of Roanoke (1979), as amended, be and are hereby amended and reordained to read and provide as follows: §36.1-25. Definitions. For the purpose of this chapter certain terms and words used herein shall be defined as follows: Art studio: The working place of a painter, sculptor or pho- tographer or a place for the study of art, including singing and acting. §36.1-164. Permitted uses. The following uses shall be permitted as principal uses in the CN district provided that unless specifically stated otherwise, the maximum gross ground floor area of any new building shall be five thousand (5,000) square feet unless a special exception is granted by the board of zoning appeals: (8) Libraries, museums, art galleries and art studios and other similar uses, including associated educational and instructional activities. §36.1-206. Permitted uses. The following uses shall be permitted as principal uses in the C-2 district: (8) Libraries, museums, art galleries and art studios and other similar uses, including associated educational and instructional uses. 521 §36.1-227. Permitted uses. The following uses shall be permitted as principal uses in the C-3 district: (9) Libraries, museums, art galleries and art studios, and other similar uses, including associated educational and instructional activities. (39) Dwelling units not less than five hundred (500) feet located above the ground floor in an existing structure which is not being used, or was not originally designed, as a dwelling. §36.1-249. Permitted uses. The following uses shall be permitted as principal uses in the LM district: (20) Manufacturing establishments primarily engaged in the manufacture, assembly, mixing and processing or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manu- factureed on the premises, where all such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manu- factured on the premises, are wholly enclosed in a building. (24) General service establishments primarily engaged in the repair or maintenance of goods or items including automo- biles, trucks, construction equipment and the provision of business services provided all repair and maintenance activi- ties are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet. §36.1-250. Special exception uses. The following uses may be permitted in the LM district by special exception granted by the board of zoning appeals subject to the requirements of this section: (5) Storage of motor vehicles for car rental companies located on the airport, but not storage of motor vehicles for the purpose of sale of the vehicles. §36.1-402. Additional yard requirements; fence and wall regulation. (b) The requirements for required front yards are as follows: (~) No fence, wall, hedge or other vegetation shall be permitted which materially impedes vision for public safety across such yard between the heights of thirty (30) inches and eight (8) feet. No fence or wall in any residential district or on any lot containing a dwelling shall be over four (4) feet in height. 522 (c) The requirements for required side and rear yards are as follows: (4) No fence or wall shall be permitted which exceeds the height of eight (8) feet. §36.1-531. General requirements. (j) Under no circumstances shall an accessory use exceed forty percent (40%) of the gross floor area of the principal use. §36.1-585. Landscaping. The following requirements shall apply to all develop- ments which are required to submit a comprehensive develop- ment plan: (b) A landscaped buffer screen, a minimum of ten (10) feet wide, which provides a dense, year-round visual and noise obstruction not less that six (6) feet in height shall be required as follows: (1) In any required yard of a lot containing a multifamily apartment, town house, mobile home park or mobile home park subdivision where said yard abuts a lot containing a single- family detached dwelling or two-family dwelling or which abuts a lot zoned RS-l, RS-2 or RS-3; (2) In any required yard of a lot containing a commercial, industrial or other nonresidential use where said yard abuts a lot containing a residential use or a lot which is zoned resi- dential; and (3) Along the side of outdoor storage areas, except automobile and other retail display areas, where said side is visible from a public street. Unless otherwise approved by the agent, such screening shall consist of plant material. The plant material shall include either everegreen trees or shrubs and deciduous trees, or any combination thereof. Deciduous trees shall have a minimum of two and one-half (2 1/2) inch caliper at planting and shall be spaced no more than fifty (50) feet apart. With the approval of the agent, a solid wood fence, of a type acceptable to the agent, may be substituted for part of the required plant material. 523 §36.1-723. Penalty for violations. The owner or general agent of the building or premises where a violation of any provisions of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a mis- demeanor, punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand ($1,000.00). In any case of the existence of a violation of any portion of this chapter, the owner, lessee, tenant or agent shall be sub- jected to a civil penalty of fifty dollars ($50.00). Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provisions of this chapter in the respect named in such orders shall also be subject to a civil penalty of two hundred fifty dollars ($250.00). ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29933-22090. 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 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 Edward C. Dunbar, Chapter Chairman, dated January 12, 1990; 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 per- mittee's request being more particularly described in the letter dated January 12, 1990, 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. 524 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 midnight on March 15, 1990. 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29939-22090. AN ORDINANCE authorizing the execution of a Consolidation Agreement between the City of Roanoke (hereinafter "City") and the County of Roanoke (hereinafter "County"); authorizing the filing, on or before February 28, 1990, with the Circuit Courts for the City and the County, of such Agreement along with a petition executed by the Mayor praying that the Circuit Courts order that a referendum be held; authorizing the execution of an Agreement between the City, the County and Town of Vinton relating to the expansion of the boundaries of the Town and the respective powers, rights and authorities of the Town and Roanoke Metropolitan Government vis-a-vis each other; authorizing the City Attorney to file such petitions, pleadings, certificates and other legal papers with Federal and State courts and administrative agencies as are deemed necessary and proper to permit a referendum on consolidation; directing the City Clerk to forward an attested copy of this ordinance to the Clerk of the Board of Supervisors of the County, the Clerk of the Town of Vinton Council, the Clerk of the City of Salem Council and the Judges of the Circuit Courts for the City and the County; and providing for an emergency. WHEREAS, on February 27, 1989, a petition was filed with this Council, pursuant to §15.1-1132, Code of Virginia (1950), as amended, by which fifteen percent or more of the registered voters of the City requested the City Council to effect a consolidation agreement with the County; WHEREAS, on February 28, 1989, a petition was filed with the Board of Supervisors of the County, pursuant to §15.1-1132, Code of Virginia (1950), as amended, by which fifteen percent or more of the registered voters of the County requested the Board of Supervisors to effect a consolidation agreement with the City; 525 WHEREAS, both petitions were filed with the CircUit Courts for the City and the County on February 28, 1989; WHEREAS, the Consolidation Negotiating Teams for the City and the County have held more than twenty-five negotiating sessions and have reached accord as to a Consolidation Agreement; WHEREAS, the Consolidation Agreement has been published in the Roanoke Times & World News on January 29, February 5, February 12 and February 19, 1990, pursuant to §15.1-1137, Code of Virginia (1950), as amended, and §9(b) of the Consolidation Agreement, and the same publication has given public notice of a public hearing to be held before the Council at 2:00 p.m. on February 20, 1990, at which all citizens shall be accorded the opportunity to comment with respect to the Consolidation Agreement and the adoption of a measure authorizing execu- tion of such Agreement on behalf of the City; WHEREAS, such public hearing has been held as advertised, and all citi- zens desiring to comment with respect to such Consolidation Agreement and the adoption of this ordinance have been accorded such opportunity; and WHEREAS, the City Consolidation Negotiating Team of Beverly T. Fitzpatrick, Jr., Vice-Mayor, Howard E. Musser, Member of City Council, and Wilburn C. Dibling, Jr., City Attorney, have recommended to City Council that such Consolidation Agreement be approved by City Council, executed on behalf of this City and filed with the Circuit Courts for the City and the County on or before February 28, 1990; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Mayor and the members of the City's Consolidation Negotiating Team, Beverly T. Fitzpatrick, Jr., Vice-Mayor, Howard E. Musser, Member of City Council, and Wilburn C. Dibling, Jr., City Attorney, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Consolidation Agreement between the City and the County, dated February 28, 1990, a copy of which is on file in the Office of the City Clerk. 2. The Mayor and the City Clerk are hereby authorized to execute a petition on behalf of the City Council praying that the Circuit Courts for the City and the County order that a referendum be held with respect to the Consolidation Agreement pursuant to §9 of such Agreement. 3. The Mayor and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an Agreement between the City, the County and the Town of Vinton {hereinafter "Town"), such Agreement being attached to the Consolidation Agreement as Exhibit D and incorporated by reference therein and providing for expansion of the boundaries of the Town and the respective powers, rights and authorities of the Town and the consolidated government (Roanoke Metropolitan Government) vis-a-vis each other; 4. The Mayor and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, such ancillary peti- tions, pleadings, applications, certificates and other legal papers as shall be necessary to permit the question of consolidation to be placed on the ballot at referendum to be held on November 6, 1990. 526 5. All agreements, contracts, and other legal documents authorized by this ordinance shall be approved as to form by the City Attorney. 6. The City Attorney shall be authorized to file, for and on behalf of the City, any petitions, pleadings, applications, certificates and other legal papers with Federal and State courts and administrative agencies as are deemed necessary and proper by him to permit the question of consolidation to be considered at referendum on November 6, 1990. 7. The City Clerk is directed to forward an attested copy of this ordinance to the Clerk of the Board of Supervisors of the County, the Clerk of the Vinton Town Council, the Clerk of the City of Salem Council and the Judges of the Circuit Courts for the City and the County. 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. APPROVED ATTEST: ~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29940-22090. A RESOLUTION accepting a donation of a collection of various State Codes made to the City of Roanoke by the Norfolk Southern Corporation. WHEREAS, a collection of twenty (20) State Codes has been donated to the City by Norfolk Southern Corporation for use in the Roanoke City Law Library; and WHEREAS, the addition of the collection of State Codes to the Roanoke City Law Library will serve as a valuable resource for the citizens and legal community of the Roanoke valley. BE IT RESOLVED by the Council of the City of Roanoke that the donation of twenty (20) State Codes, valued in excess of $5,000.00, for use in the Roanoke City Law Library, is hereby ACCEPTED pursuant to §2-263, of the Code of the City of Roanoke (1979), as amended, and as more particularly set forth in the report to this Council dated February 20, 1990. BE IT FURTHER RESOLVED that the City Clerk is directed to transmit an attested copy of this resolution to the Norfolk Southern Corporation, Norfolk, Virginia, expressing the City's appreciation for its generosity and commitment shown to the City by the donation of this collection of State Codes. ATTEST: APPROVED City Clerk 527 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29941-22090. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Other Infrastructure $14,470,714.00 Andrews Memorial Park/Williamson Road Gateway (1-2). 10,150.00 Capital Improvement Reserve 4,320,426.00 Capital Improvement Reserve (3) .................... 2,284,338.00 REVENUE Accounts Rec. WRAF (4) ............................. $ Accounts Rec. Andrews Family (5) ................... Misc. Rev. WRAF (6) ................................ Misc. Rev. Andrews Family (7) ...................... 1,000.00 500.00 1,000.00 5,000.00 (1) Appropriations from General Revenue (2) Appropriations from Third Party (3) FY 90 Revenue Adjustment (4) Accounts Rec. WRAF (5) Accounts Rec. Andrews (6) Misc. Rev. WRAF (7) Misc. Rev. Andrews Family (008-002-9652-9003) (008-002-9652-9004) (008-052-9575-9188) (008-1247) (008-1248) (008-008-1234-1094) (008-008-1234-1095) $ 8,650.00 1,500.00 (8,650.00) 1,000.00 500.00 1,000.00 500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk 528 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29942-22090. AN ORDINANCE accepting the bid of Austin Electrical Construction, Inc., for installation of flag poles, flags and ground lighting at Williamson Road Gateway Park and Andrews Memorial Park, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Austin Electrical Construction, Inc., made to the City in the total amount of $10,150.00 for installation of flag poles, flags and ground lighting at Williamson Road Gateway Park and Andrews Memorial Park, 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, exe- cution of such contract to be subject to approval of the appropriate supporting documents. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29943-22090. A RESOLUTION urging continued funding by the General Assembly of the Virginia Housing Partnership Fund; requesting the area legislators to support continued funding of a significant resource to improve housing conditions in the City of Roanoke. WHEREAS, the intent of the General Assembly in funding the Housing Partnership Fund in the 1988-89 biennium was to create a perpetual revolving fund for housing needs over a ten year period; WHEREAS, the Virginia Department of Housing and Community Development has developed and administered a variety of programs funded by the Housing Partnership Fund; and 529 WHEREAS, funds allocated to the City from the Housing Partnership Fund are a critical supplement to programs funded from traditional Federal sources, such as the Community Development Block Grant; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council urges the continued funding by the General Assembly of Virginia of the Virginia Housing Partnership Fund and requests the area legislators to support continued funding of this significant resource to improve housing conditions in the City of Roanoke. 2. The City Clerk is directed to forward attested copies of this resolution to The Honorable J. Granger Macfarlane, Member, Senate of Virginia, The Honorable J. Dudley Emick, Jr., Member, Senate of Virginia, The Honorable A. Victor Thomas, The Honorable C. Richard Cranwell, The Honorable G. Steven Agee, and The Honorable Clifton A. Woodrum, III, Members, House of Delegates. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29944-22090. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 Works Refuse Collections (2-8) ........................... Community Development Greater Roanoke Transit (9) ........................ Public Safety Jail (10) .......................................... FUND BALANCE $15,329,979.00 321,880.00 19,394,535.00 4,223,351.00 1,237,271.00 283,447.00 25,793,800.00 3,726,614.00 Capital Maintenance & Equipment Replacement Program City Unappropriated (11) ............................... $ REVENUE 884,940.00 Accounts Receivable Regional Solid Waste Management Board (12) ............................. $ Revenue - Miscellaneous (13) ....................... 112,756.00 112,756.00 5'30 (1) Equipment Repl. Contingency (2) Reg. Salaries (3) City Retirement (4) FICA (5) Life Insurance (6) Fees for Professional Services (7) Vehicular Equipment (8) Other Equipment (9) GRTC Operating Subsidy (10) Recovered Cost (11) CMERP - City (12) Acct. Rec. - Reg. Solid Waste Board (13) Revenue - Misc. (001-002-9410-2202) (001-052-4210-1002) (001-052-4210-1105) (001-052-4210-1120) (001-052-4210-1130) (001-052-4210-2010) (001-052-4210-9010) (001-052-4210-9015) (001-056-8150-3700) (001-024-3310-8005) (001-3323) (001-1248) (001-020-1234-0859) $(35,000.00) 12,500.00 1,576.00 956.00 128.00 38,000.00 80,000.00 189,000.00 (50,000.00) 74,404.00 (5O,00O.00) 112,756.00 112,756.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 1990. No. 29945-22090. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation $8,867,149.00 Williamson Road Storm Drain Ph. 2, Cont. I-E (1) ..... 1,714,641.00 Williamson Road Storm Drain Ph. 2, Cont. I-G (2) ..... 657,038.00 Williamson Road Storm Drain Ph. 2, Cont. I-F (3-4)... 879,252.00 (1) Appropriations from Bonds (2) Appropriations from General Revenue (3) Appropriations from Bonds (4) Appropriations from General Revenue (008-052-9634-9001) (008-052-9639-9003) (008-052-9635-9001) (008-052-9635-9003) $(28,007.00) (39,672.00) 28,007.00 36,672.00 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 February, 1990. No. 29946-22090. 531 AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contracts with Aaron J. Conner, General Contractor, Inc., for the Williamson Road Storm Drain Project, Phase II Contracts I-E, I-F and I-G; 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 contracts with Aaron J. Conner, General Contractor, Inc., related to the Williamson Road Storm Drain Project, Phase II Contracts I-E, I-F and I-G, as more particularly set forth in report to this Council dated February 20, 1990. 2. Such Change Orders shall provide for the following changes in said contract amounts: Contract I-E: ORIGINAL CONTRACT AMOUNT $ 1,757,504.50 Change Order No. i - $ 28,006.51 New Contract Amount $ 1,729,497.99 Contract I-F: ORIGINAL CONTRACT AMOUNT $ 776,269.35 Change Order No. i + $ 67,678.08 New Contract Amount $ 843,947.43 Contract I-G: ORIGINAL CONTRACT AMOUNT $ 1,009,604.20 Change Order No. i - $ 54,351.68 New Contract Amount $ 955,252.52 Additional calendar days 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. APPROVED ATTEST: City Clerk Mayor 5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1990. No. 29938-22690. 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, and to contain those terms and conditions set out in the option on file in the Office of the City Clerk; such option 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. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 19g0. No. 29947-22690. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General and Grant Funds Apropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General and Grant Funds Apropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Education Instruction (1-2) $63,626,346.00 Othe Uses Fun~ ................................. 44 821 537 O0 r of (3) .......... ' ' · ................... 900,046.00 Revenue Grants-in-Aid Commonwealth (4) ...................... $51,707,089.00 533 GRANT FUND Appropriations Education Adult Basic Education 89-90 (5) .................... $ Vocational Education Equipment 89-90 (6) ........... Revenue 133,800.00 132,600.00 Education Adult Basic Education 89-90 (7) .................... $ Vocational Education Equipment 89-90 (8-9) ......... (1) Vocational Teachers (2) Vocational Teachers (3) Transfer to Grant Fund (4) Vocational Education Revenue (5) Teachers (6) Equipment (7) Federal Grant Receipts (8) Local Match (9) State Grant Receipts 133,800.00 132,600.00 (001-060-6001-6143-0121) (001-060-6001-6143-0121) $ 2,753.00 (2,753.00) (001-060-6005-6999-0911) 2,753.00 (001-060-6000-0636) (035-060-6739-6450-0121) (035-060-6741-6343-0821) 2,753.00 14,305.00 6,594.00 (035-060-6739-1102) (035-060-6741-1101) (035-060-6741-1102) 14,305.00 2,753.00 3,841.00 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 February, 1990. No. 29948-22690. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Utility Line Services $ 2,917,059.00 Capital Outlay (1-4) 609 156 O0 534 RETAINED EARNINGS Retained Earnings - Unrestricted (5) ............... $2,370,653.00 (1) Furniture & Equipment (006-056-2625-9005) $ 3,300.00 (2) Vehicular Equipment (006-056-2625-9010) 225,172.00 (3) Other Equipment (006-056-2625-9015) 64,384.00 (4) Land Purchase (006-056-2625-9050) 1,500.00 (5) Retained Earnings- Unrestricted (006-3336) (294,356.00) BE IT FURTHER ORDAINED that, shall be in effect from its passage. ATTEST: an emergency existing, this Ordinance City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1990. No. 29949-22690. AN ORDINANCE accepting bids for certain vehicular equipment and related items; rejecting 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, and as more particularly set forth in the report to this Council dated February 26, 1990, are hereby ACCEPTED, at the purchase pri- ces set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price i i - New 10 ton dump Johnson International $ 35,807.11 cab/chassis Trucks 2 i - New 10 ton dump General Truck Body, $ 6,431.00 body for Item #1 Co. Inc. 3 2 - New midsize pickup Berglund Chevrolet, $ 20,174.22 trucks Inc. 4 I - New crew cab/ Magic City Motor $ 21,162.78 chassis Corporation 5 I - New heavy duty General Truck Body, $ 3,860.00 service body Co. Inc. 6 & i - New truck cab/ Sewer Equipment of $ 37,941.00 7 chassis with sewer of America rodder mounted 535 8 i - New midsize 4-wheel Magic City Motor $ 13,630.00 drive van Corporation i - Hydraulic excavator Baker Brothers, Inc. $ 86,165.00 1 - T.V. Inspection system Virginia Public Works Equipment Company $ 49,5O0.00 i - Trailer mounted detour-lite Shelton-Witt Equip- ment Company $ 3,696.00 i - Underground pierc- Scott-Gallager, Inc. ing tool $ 5,188.00 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's speci- fications, the respective bids made therefor and in accordance with this ordi- nance. 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1990. No. 29950-22690. A RESOLUTION approving the Roanoke Regional Airport Commission budget for FY 1990-1991, 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 14, 1990, 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 1990-1991 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the following FY 1990-1991 budget for the Roanoke Regional Airport Commission is hereby APPROVED: EXPENDITURE PROJECTIONS Current Proposed 1989-90 1990-91 1. Operations and Maintenance A. Salaries, Wages & Benefits B. Operating Expenditures C. Internal Services $ 851,307 $1,087,399 791,137 1,083,600 574,300 600,245 Total Operations and Maintenance $2,216,744 $2,771,244 536 e Non-Operatin9 Expenses A. Interest B. Depreciation C. Debt Service Total Non-Operating Expenses 3. Capital from Revenue A. Equipment B. Projects Total Capital from Revenue TOTAL EXPENDITURE PROJECTIONS $ 648,780 580,366 N/A $1,229,146 $ 73,800 165,000 $ 238,800 $3,684,690 $ 635,073 N/A 240,193 $ 875,266 $ 63,100 166,000 $ 229,100 $3,875,610 REVENUE PROJECTIONS Current 1989-90 Operating Revenue 1. Terminal Building: A. Concessions $ 866,401 B. Advertising 25,404 C. Building Rentals 742,431 D. Privilege Fees 8,192 2. Airfield: A. Landing Fees $ 771,852 B. Miscellaneous 175,078 3. Parking Lot: $ 877,860 4. Building and Equipment: $ 179,751 5. Other $ 12,643 Total Operating Revenue $3,659,612 Non-Operatin~ Revenue 1. Interest on Investment: $ 42,224 2. Interest from Debt Service $ N/A Total Non-operating Revenue $ 42,224 TOTAL REVENUE $3,701,836 Proposed 1990-91 $ 926,744 44,400 895,518 8,712 $ 623,451 218,791 $1,030,126 $ 143,000 $ 13,535 $3,904,277 $ 170,000 $ 63,000 $ 233,000 $4,137,277 and the City Manager and City Clerk are authorized to respectively, on behalf of the City, documentation, in form Attorney, necessary to evidence said approval. execute and attest, approved by the City ATTEST: City APPROVED Clerk ~~-~ ~ Miyor ~-- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of February, 1990. No. 29951-22690. 537 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Nondepartmental $15,492,617.00 Transfers to Other Funds (1) ........................ 13,413,618.00 FUND BALANCE Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ....................... $ 799,940.00 CAPITAL Streets & Bridges $ 4,696,511.00 Brandon Avenue Widening (3) ......................... 150,000.00 (1) Transfer to Capital (2) Appropriations from General Revenue (3) CMERP - City (001-004-9310-9508) (008-052-9638-9003) (001-3323) $ 140,000.00 140,000.00 (140,000.00) 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 26th day of February, 1990. No. 29952-22690. AN ORDINANCE accepting the bid of DLB, Inc., for construction of the Brandon Avenue, S. W. Widening from Main Street to Windsor Avenue, S. W., upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of DLB, Inc., made to the City in the total amount of $127,140.15 for construction of the Brandon Avenue, S. W. Widening from Main Street to Windsor Avenue, S. W., such bid being in substantial 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. 538 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 5th day of March, 1990. No. 29953-3590. A RESOLUTION approving the location of a proposed project involving the extension of Peters Creek Road from Melrose Avenue, N. W. to Brandon Avenue, S. W., identified as Alternate 1 {excepting the northernmost end of the Project where Alternative 2 is desired for an approximate distance of 1,500 feet). WHEREAS, a public hearing was conducted on December 14, 1988, in the City of Roanoke by representatives of the Commonwealth of Virginia, Department of Transportation, after due and proper notice, for the purpose of considering the proposed location of the Peters Creek Road Extension Project between Melrose Avenue and Brandon Avenue, S. W, 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 requirements; WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; WHEREAS, the Council has previously requested the Virginia Department of Transportation to program this Project; and WHEREAS, representatives of the City of Roanoke were present and par- ticipated in said hearing; and WHEREAS, the Council has considered all such matters, including those outlined in the City Manager's report dated March 5, 1990. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby approves Alternate I (excepting the northernmost end of the Project where Alternate 2 is desired for an approximate distance of 1,500 feet) as the location for the proposed Project, which Alternate was one of several build alternatives presented at the public hearing. ATTEST: _~)~,,~ City Clerk APPROVED Vi ce Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1990. No. 29954-3590. 539 A RESOLUTION requesting the Virginia Department of Transportation to program a project for the widening of Brandon Avenue, S. W., between the West Corporate Limits and Edgewood Street, S. W., for preliminary engineering, right- of-way acquisition and construction. WHEREAS, it is necessary that a request by Council resolution be made in order that the Virginia Department of Transportation initiate an urban high- way project in the City of Roanoke; and WHEREAS, the widening of Brandon Avenue, S. W., between the West Corporate Limits and Edgewood Street, S. W., will provide efficient and rapid movement of traffic and greater access to business and industrial areas; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This is a priority project for the City and the City hereby requests the Virginia Department of Transportation to establish a project for the improvement of Brandon Avenue widening from West Corporate Limits to Edgewood Street, S. W., a distance of approximately 1.3 miles. 2. The Council of the City of Roanoke hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with §33.1-44 of the Code of Virginia, as amended, and that, if the City of Roanoke subsequently elects to stop or cancel this pro- ject, the City of Roanoke hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such suspension or cancellation. e resolution to Transportation. The City Clerk is directed to forward an attested copy of this the appropriate persons at the Virginia Department of APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1990. No. 29955-3590. AN ORDINANCE accepting the bid of Linear Dynamics, Inc., made to the City for furnishing and delivering 5,700 gallons of traffic paint; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Linear Dynamics, Inc., made to the City, offering to supply 5,700 gallons of traffic paint, meeting all of the City's specifications and requirements therefor, for the. total bid price of $32,127.00, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 5'4 0 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 equip- 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. 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 5th day of March, 1990. No. 29958-3590. AN ORDINANCE amending and reordaining subsection (b) of §23.1-18, Alternative forms of security, and §23.1-22, Legal actions, and adding a new §23.1-19.1, Deposit of certain retained funds on certain contracts, of the Code of the City of Roanoke (1979), as amended, to authorize certain forms of security to be used in public contracts, to establish certain terms and con- ditions for legal challenges to procurement decisions and to permit retainage on certain city contracts to be held in escrow; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section (b) of §23.1-18, Alternative forms of securitT, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §23.1-18. Alternative forms of security. (b) If approved by the city attorney, a bidder may fur- nish a personal bond, property bond, or bank or saving and loan association's letter of credit on certain designated funds in the face amount required for the bid, payment or performance bond. Approval shall be granted only upon a determination that the alternative form of security proffered affords protection to the city equivalent to a corporate surety's bond. 2. Section 23.1-22, Legal actions, of the Code of the City Roanoke {1979), as amended, is amended and reordained as follows: of (a) A bidder or offeror, actual or prospective, who is refused permission or disqualified from participation in bidding shall be notified in writing. Such notice shall state the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within thirty days of receipt of such notice by instituting legal action as provided in §11-70 of the Code of Virginia. If, upon appeal, it is determined that the action taken was arbitrary or capricious, or not in accordance with the Constitution of Virginia, statutes or regulations, the sole relief shall be restoration of eligibility. (b) Any bidder who, despite being the apparent low bidder is determined not to be a responsible bidder for a particular contract shall be notified in writing. Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within ten days by instituting legal action as provided in §11-70 of the Code of Virginia. If, upon appeal, it is determined that the decision was arbitrary or capricious, and the award of the contract in question has not been made, the sole relief shall be a finding that the bidder is a responsible bidder for the contract in question. If it is determined that the decision of the public body was arbitrary or capricious, the relief shall be as set forth in §11-66.B. of the Code of Virginia. A bidder contesting a determination that he is not a responSible bidder for a particular contract shall proceed under this subsection and may not protest the award or pro- posed award under subsection (d) below. (c) A decision denying withdrawal of bid under the pro- visions of §11-54 of the Code of Virginia shall be final and conclusive unless the bidder appeals the decision within ten days after receipt of the decision by instituting legal action as provided in §11-70 of the Code of Virginia. If no bid bond was posted, a bidder refused withdrawal of a bid under the provisions of §11-54 of the'Code of Virginia, prior to appealing, shall deliver to the public body a certified check or cash bond in the amount of the difference between the bid sought to be withdrawn and the next low bid. Such security shall be released only upon a final determination that the bidder was entitled to withdraw the bid. If, upon appeal, it is determined that the decision refusing withdrawal of the bid was arbitrary or capricious, the sole relief shall be withdrawal of the bid. (d) Any bidder or offeror who desires to protest the award or decision to award a contract shall submit such pro- test in writing to the city manager no later than ten days after the award or the announcement of the decision to award, whichever occurs first. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or the decision to award such contract shall submit such protest in the same manner no later than ten days after posting or publication of the notice of such contract. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction which are subject to inspec- tion under §11-52, Code of Virginia, then the time within which the protest must be submitted shall expire ten days after those records are available for inspection by such bidder or offeror under §11-52, Code of Virginia, or at such later time as provided in this section. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The City Manager or his designee shall issue a decision in writing within ten days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within ten days of the written decision by instituting legal action as provided in §11-70, Code of Virginia. 541 542 (e) If prior to an award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The public body shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be enjoined. Where the award has been made and performance has begun the public body may declare the contract void upon a finding that this action is in the best interest of the public. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profi ts. (f) Where the City Manager or his designee determines, after a hearing held following reasonable notice to all bid- ders, that there is probable cause to believe that a decision to award was based on fraud or corruption or on an act in violation of Article 4 of Title 11, Code of Virginia, the City Manager or his designee may enjoin the award of the contract to a particular bidder. (g) If injunctive relief is granted, the court, upon request of the City, shall require the posting of reasonable security to protect the City. (h) A contractor may bring an action involving a contract dispute with the City in the appropriate circuit court. (i) Nothing herein shall be construed to prevent the City from instituting legal action against a contractor. 3. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: §23.1-19.1 Deposit of certain retained funds on certain contracts. (a) When the city contracts directly with a contractor for a public contract of $200,000 or more for construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines and pumping stations, where portions of the contract price are to be retained, the contractor may elect to use an escrow account procedure by so indicating in the space provided in the bid documents. In the event the contractor elects to use the escrow account procedure, the escrow agreement form included in the bid proposal and contract shall be fully executed and submitted to the city within fifteen calendar days after notification of the award of bid. If the executed escrow agreement form is not sub- mitted within such fifteen-day period, the contractor shall forfeit his rights to the use of the escrow account proce- dure. (b) In order to have retained funds paid to an escrow agent, the contractor, the escrow agent, and the surety shall execute the escrow agreement form. The contractor's escrow agent shall be a trust company, bank or savings institution with its principal office located in the Commonwealth. (c) This section shall not apply to public contracts for construction for railroads, public transit systems, run- ways, dams, foundations, installation or maintenance of power systems for the generation and primary and secondary distri- bution of electric current ahead of the customer's meter, the installation or maintenance of telephone, telegraph or signal systems for public utilities and the construction or main- tenance of solid waste or recycling facilities and treatment plants. 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. ATTEST: City Clerk APPROVED Vice-Mayor 543 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1990. No. 29959-3590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Recreation $ 721,617.00 Jackson, Norwich, Wasena Improvements (1-2) .......... 120,000.00 Park Improvements, Wasena, Washington, Eureka (3) .... - 0 - Capital Improvement Reserve 4,270,576.00 Public Improvement Bonds - Series 1988 (4) ........... 1,977,588.00 (1) Appropriations from State Grant Fund (2) Appropriations from General Revenue (3) Appropriations from State Grant Fund (4) Parks (008-050-9634-9007) (008-050-9634-9003) (008-052-9546-9007) (008-052-9603-9180) $ 60,000.00 60,000.00 (6O,OO0.0O) (60,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Vice-Mayor 544 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1990. No. 29960-3590. AN ORDINANCE accepting the bid of Breakell, Inc., for improvements to play areas at Jackson, Norwich and Wasena Parks, 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 as follows: 1. The bid of Breakell, Inc., made to the City in the total amount of $109,064.00, for improvements to play areas at Jackson, Norwich and Wasena Parks including Alternates Nos. 1, 2, 3, 4 and 5, 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, exe- cution of such contract to be subject to approval of the appropriate supporting documents. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to.each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 1990. No. 29961-3590. AN ORDINANCE providing for the City's acquisition of portions of Lots 1, 2 & 3, Block 1, Eastover Place, bearing Official Tax No. 4340212, in the City of Roanoke; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of David S. Ayers, Jr., to sell and convey to the City portions of Lots 1, 2 & 3, Block 1, Eastover Place, bearing Official Tax No. 4340212, for the cash sum of $6,000.00, be and is hereby ACCEPTED. 545 2. Upon delivery to the City of a good and sufficient deed of con- veyance granting and conveying to the City the fee simple title to the aforesaid land, free and clear of all encumbrances and material title objections, and con- taining General warranty and modern English covenants of title on behalf of the grantors, said deed to be in form approved by the City Attorney, the proper City officials shall be and are hereby authorized to deliver to such person or per- sons, as are certified by the City Attorney to be entitled thereto, the $6,000.00 purchase price hereinabove provided, less any amount due to be paid by said grantor as taxes. 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 12th day of March, 1990. No. 29956-31290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Internal Service Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that certain sec- tions of the 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Management Services $ 435,012.00 Capital Outlay (1) ................................... 29,410.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) ................. $2,384,254.00 (1) Vehicular Equipment (2) Retained Earnings - Unrestricted (006-002-1617-9010) (006-3336) $ 12,898.00 (12,898.00) ATTE ST: City Clerk APPROVED 546 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1990. No. 29957-31290. AN ORDINANCE providing for the purchase of one new seven passenger mini van, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such vehicle; rejecting other bids made to the City. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Pomoco Ford, Inc., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one new seven passenger mini van, for the sum of $12,898.00 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 ordinance. 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 bid- ders 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 12th day of March, 1990. No. 29962-31290. AN ORDINANCE authorizing the relocation of a portion of a certain public utility easement serving Crossroads Consumer Mall, 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, in form approved by the City Attorney, appropriate documentation for the abandonment of a certain public utility easement serving Crossroads Consumer Mall as requested by Zane May Operating Partners L.P., and the proper City officials are further authorized to accept on behalf of the City the dedication of a replacement public utility line easement to permit construction of a McDonald's Restaurant, subject to City review and approval of the replacement facilities and a proper plat of dedication, as more particularly set forth in the report to this Council dated March 5, 1990. APPROVED ATTEST: City C1 erk Mayor V IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1990. No. 29963-31290. 547 AN ORDINANCE authorizing the renewal of a lease agreement between the City and the Commonwealth of Virginia, Department of Conservation and Historic Resources, of certain space in the Buena Vista Recreation Center, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respec- tively, on behalf of the City, a renewal of the lease agreement dated March 1, 1989, between the City and the Commonwealth of Virginia Department of Conservation and Historic Resources, providing for the lease of approximately 900 sq. ft. of office space and 1100 sq. ft. of laboratory space, said lease renewal term to be for a period of one year with no lease fee, and to commence as of March 1, 1990, and terminate February 28, 1991; 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 report to this Council dated March 5, 1990. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1990. No. 29965-31290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND Appropriations Education $63,623,593.00 Instruction (1) ..................................... 44,823,137.00 Other Uses of Funds (2) ............................. 898,893.00 GRANT FUND Appropriations Education $14,386,325.00 Eisenhower Math/Science Title II (3-11) ............. 33,411.00 1990 Western Virginia Regional Science Fair (12-13). 8,011.00 548 Revenue Education Eisenhower Math/Science Title II (14) ............... 1990 Western Virginia Regional Science Fair (15-16). $14,386,325.00 33,411.00 8,011.00 (1) Matching Funds (2) Transfer to Grant Fund (3) Math Curriculum Dev. (4) Social Security (5) Math Conference Attendance (6) Math Training Materials (7) Science Curriculum Dev. (8) Social Security (001-060-6001-6311-0588) (001-060-6005-6999-0911) (035-060-6228-6308-0129) (035-060-6228-6308-0201) (035-060-6228-6308-0554) (035-060-6228-6308-0617) (035-060-6228-6311-0129) (035-060-6228-6311-0201) (9) Science Conf. Attendance (035-060-6228-6311-0554) (10) Science Tuition Costs (11) Science Training Materials (12) Travel Expenses (13) Instructional Materials (14) Federal Grant Receipts (15) Local Match (16) Contributions (035-060-6228-6311-0587) (035-060-6228-6311-0617) (035-060-6959-6311-0554) (035-060-6959-6311-0614) (035-060-6228-1102) (035-060-6959-1101) (035-060-6959-1103) $(1,600.00) 1,600.00 5,570.00 425.00 6,300.00 4,500.00 5,140.00 394.00 4,026.00 1,056.00 6,000.00 6,054.00 1,957.00 33,411.00 1,600.00 6,411.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor __ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1990. No. 29966-31290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Fifth District Employment & Training Consortium - FY90 $1,337,066.00 Adult Education - Literacy Grant (1) ................. 54,753.00 EDWAA (2) ............................................ 96,768.00 Title IIA (3) ........................................ 1,027,241.00 REVENUE Fifth District Employment & Training Consortium - FY89 (4-5) ................................................ $2,183,514. O0 Fifth District Employment & T..r.aln. lng Consortium- F.Y. 9.~ (6-9) ...................................... 1,337,066.00 5 4 9 (1) Funding Authority (2) Transition/Video Funds (3) Funding Authority (4) Incentive Admin. Rev. (5) Incentive Program (6) Literacy Revenue (7) Title III EDWAA (8) Incentive Admin. (9) Incentive Program (034-054-9071-9990) (034-054-9081-8022) (034-054-9061-9990) (034-034-1234-8971) (034-034-1234-8972) (034-034-1234-9075) (034~034-1234-9081) (034-034-1234-9071) (034-034-1234-9072) $ 54,753.00 15,000.00 60,944.00 (12,013.00) 12,013.00 54,753.00 15,000.00 18,283.00 42,661.00 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 12th day of March, 1990. No. 29967-31290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Police Patrol (1) .................................. Non-Departmental Contingency-General Funds (2) ...................... $25,707,992.00 5,873,946.00 15,278,053.00 269,954.00 REVENUE Grants-in-Aid Commonwealth $51,778,372.00 Other Categorical Aid (3) .......................... 13,167,596.00 (1) Furniture and Equipment (2) Equipment Repl. Contingency (3) State Interdept. Radio System (001-050-3113-9005) (001-002-9410-2202) (001-020-1234-0659) $ 80,474.00 (6,438.00) 74,036.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 550 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1990. No. 29968-31290. A RESOLUTION authorizing the acceptance of a Communication Systems Grant from the State Department of Criminal Justice Services and authorizing the acceptance, execution and filing of the appropriate grant documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the grant from the State Department of Criminal Justice Services in the amount of $74,036.00 with local cash match of $6,438.00 to provide for law enforcement and communications equip- ment. 2. W. Robert Herbert, City Manager, or Earl B. Reynolds, Assistant City Manager, are hereby authorized to accept, execute and file on behalf of the City of Roanoke any appropriate documents in connection with the City's accep- tance of the foregoing grant or with such project. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of March, 1990. No. 29969-31290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 Works Signals and Alarms (2) .............................. $15,322,102.00 314,003.00 19,119,155.00 682,147.00 (1) Equipment Repl. Contingency (001-002-9410-2202) $(30,515.00) (2) Vehicular Equip. (001-052-4160-9010) 30,515.00 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 12th day of March, 1990. No. 29970-31290. 551 AN ORDINANCE accepting bids for certain vehicular equipment; rejecting 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price i i - New truck cab/ Magic City Motor $19,164.64 chassis Corporation 2 Transfer existing Truck Body $ 9,350.00 utility body, earth Corporation borer and winch to cab/chassis (Item #1) 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's speci- fications, the respective bids made therefor and in accordance with this ordi- nance, as more particularly set out in report to this Council dated March 12, 1990. 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. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29964-31990. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 211, 212 and 222, 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 CN, Neighborhood Commercial District, to C-2, General Commerical 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 552 WHEREAS, a public hearing was held on said application by the City Council at its meeting on March 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 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- vi ded. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 211, 212 and 222 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as certain parcels of land located in the northwest area of the City on Eleventh Street, Fairfax, Orange, and Madison Avenues, and Moorman Road, N. W., designated On Sheet Nos. 211, 212 and 222 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2110104-2110106, inclusive; 2110108, 2110201-2110204, inclusive; 2120309-2120311, inclusive; 2120803-2120809, inclusive; 2120317, 2121201, 2121203-2121207, inclusive; 2121216, 2221414-2221416, inclusive; 2222108, 2222116-2222119, inclusive; 2222110, 2222903-2222906, inclusive; 2121801 and 2222911, be, and are hereby rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that Sheet Nos. 211, 212 and 222 of the Zone Map be changed in this respect. ATTEST: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29971-31990. AN ORDINANCE authorizing the lease of certain City-owned property con- sisting of an existing house and cabin located in the Roanoke Centre for Industry and Technology to Wade Douthat, 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, in form approved by the City Attorney, a lease of a certain house and cabin located on a 115.0-acre parcel located in the Roanoke Centre of Industry and Technology to Wade Douthat, for a five (5) month term commencing April 1, 1990, and ending August 31, 1990, at a monthly rental of $1,000.00, such rental payments to be made at the beginning of each month, commencing April, 1990, on a month-to-month basis, terminable by either party upon thirty {30) days written notice, with tenant to pay all utilities and maintenance of the dwellings, to provide appropriate types and levels of insurance, indemnify the City, its officers, agents and employees from any and all liability, and permit the City unlimited access during the term of the tenancy, and upon such other terms and conditions as may be deemed appropriate, as more particularly set forth in the report to this Council dated March 12, 1990. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29972-31990. 553 AN ORDINANCE authorizing the lease of certain City-owned property being a 115-acre parcel located in the Roanoke Centre for Industry and Technology to Wade Douthat, 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, in form approved by the City Attorney, a lease of a certain 115.0-acre parcel located in the Roanoke Centre of Industry and Technology to Wade Douthat, com- mencing April 1, 1990, at a rental of $20.00 per acre per year, prorated so that the monthly payments are to be made at the beginning of each month commencing April i on a month-to-month basis, terminable by either party upon thirty {30) days written notice, with tenant to maintain all fencing, maintain all vegeta- tion on the property to a height below 12 inches, agreeing to use the property exclusively for agricultural purposes, including the grazing of cattle, and per- mit the City unlimited access during the term of the tenancy, and upon such other terms and conditions as may be deemed appropriate, as more particularly set forth in the report to this Council dated March 12, 1990. ATTEST: ~0~,-~ City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29973-31990. AN ORDINANCE authorizing certain real estate options to be entered into in connection with the Home Purchase Assistance Program, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be, and he is hereby authorized, for and on behalf of the City, to execute Real Estate Options on real estate located at 1502 Tazewell Avenue, S. E., and 1433 Gladstone Avenue, S. E., as set out in and attached to the City Manager's report dated March 19, 1990, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Options by the City Attorney, and upon such other terms and conditions as are provided therein; and 2. 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 554 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29974-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation $ 8,520,213.00 1) 2) Williamson Road Storm Drain, Ph. 2, Cont. I-G ..... Williamson Road Storm Drain, Ph. 2, Cont. I-F ..... (008-052-9639-9003) (008-052-9635-9003) Appropriations from General Revenue Appropriations from General Revenue BE IT FURTHER ORDAINED that, shall be in effect from its passage. 593,832.00 890,661.00 $(84,869.00) 84,869.00 an emergency existing, this Ordinance ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29975-31990. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Aaron J. Conner, General Contractor, Inc., for the Williamson Road Storm Drain Project, Phase II Contract I-F- 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 Aaron J. Conner, General Contractor, Inc., related to the Williamson Road Storm Drain Project, Phase II Contract I-F, as more particularly set forth in report to this Council dated March 19, 1990. 2. Such Change Order shall provide for the following changes in said contract amounts: Contract I-F: CURRENT CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. i $ 843,947.43 CHANGE ORDER NO. 2 - Correction and repair foundation for intersection and existing utilities contained in intersection + $ 84,868.48 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 $ 928,815.91 555 Additional calendar days 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. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29976-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 Road/Wells Ave. (1) .......... REVENUE $ 5,012,704.00 1,676,643.00 Accounts Receivable Due from State - VDOT 2nd St. (2).. Revenue - Due from State - VDOT 2nd St. (3) ............ 1,060,820.00 1,317,275.00 1) Appr. from State (008-052-9547-9007) $456,193.00 2) Rec. Due from State (008-1233) 456,193.00 3) Rev. Due from State (008-008-1234-1065) 456,193.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 556 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29977-31990. AN ORDINANCE approving the City Manager's issuance of Amendment Nos. 3 and 4 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; 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 authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Amendment Nos. 3 and 4 to the City's contract with Mattern & Craig, Consulting Engineers, dated January 26, 1988, in order to prepare complete construction plans for "Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue". 2. Such Amendment Nos. 3 and 4 shall provide for the services set forth in the City Manager's report to Council dated March 19, 1990, and the cost of those additional services shall not exceed $79,512.13 and $86,620.55, respec- tively, with the total contract amount not to exceed $1,538,047.14. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29978-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS City Information Services $ 2,865,431.00 Capital Outlay (1) ................................ 1,254,799.00 557 RETAINED EARNINGS Retained Earnings - Unrestricted {2) .............. $ 2,347,592.00 1) Other Equipment (006-050-1601-9015) $ 49,560.00 2) Retained Earnings Unrestricted {006-3336) {49,560.00) 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 March, 1990. No. 29979-31990. AN ORDINANCE accepting the bid of I.B.M. Corporation made to the City for furnishing and delivering one computer disc drive; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of I.B.M. Corporation made to the City, offering to supply one computer disc drive, meeting all of the City's specifications and require- ments therefor, for the total bid price of $49,560.00, which bid is on file in the Office of the City Clerk, be and 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 equip- 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. 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 558 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29980-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Material s Control Capital Outl ay (1) ................................ Utility Line Services Capital Outlay (2) ................................ $ 157,943.00 31,237.00 2,920,993.00 614,140.00 RETAINED EARNINGS Retained Earnings - Unrestricted (3) .............. 2,371,950.00 1) Other Equipment (006-050-1613-9015) $ 21,268.00 2) Other Equipment (006-056-2625-9015) 3,934.00 3) Retained Earnings - Unrestricted (006-3336) (25,202.00) 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 March, 1990. No. 29981-31990. AN ORDINANCE accepting a bid to provide the necessary equipment for the update of certain existing fuel dispensing systems in the City and awarding contracts therefor; authorizing the appropriate City officials to execute the requisite contracts, upon certain terms and conditions; authorizing the purchase of certain computer printers and modems by utilizing the Commonwealth of Virginia's contract with certain vendors; rejecting all other bids made to the City for said work; and providing for an emergency. WHEREAS, the City of Roanoke has publicly advertised and received bids for updating the existing fuel dispensing systems at 1802 Courtland Avenue, N. E. and 3447 Read Road, N. E.; and WHEREAS, S. J. Conner and Sons, Inc. has submitted the lowest total bid, including trade allowance; but not including computer printers and modems; and WHEREAS, the Commonwealth of Virginia has, pursuant to its competitive bidding procedure, awarded contracts for the purchase of certain items, including computer printers and modems; and 559 WHEREAS, local governing bodies in Virginia are authorized to purchase items through use of state-awarded contracts; and WHEREAS, the State contract price for computer printers and modems is significantly lower than the price quoted by S. J. Conner and Sons, Inc. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as fol 1 ows: 1. The bid of S. J. Conner and Sons, Inc. to update existing fuel dispensing systems at 1802 Courtland Avenue, N. E. and 3447 Read Road, N. E., in accordance with the City's plans and specifications therefore, including trade allowance, but deleting the computer printers and modems, in the total amount of $24,335.80, which bid is on file in the Office of General Services, is hereby ACCEPTED. 2. The purchase, including installation, of two {2) new computer printers under the state-awarded contract from C.B.M. Computer Center, for the total purchase price of $342.00, is hereby authorized. 3. The purchase, including installation, of two (2) new modems under state-awarded contract from Primary Telecommunications, for the total purchase price of $524.00, is hereby authorized. 4. The City Manager or the Assistant City.Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with S. J. Conner and Sons, Inc., and the City's Manager of General Services is directed to issue the requisite purchase orders for the above-mentioned computer printers and modems, said purchase orders to be made and filed in accordance with the City's specifications and the terms and provi- sions of this ordinance, said contracts to be in such form as is approved by the City Attorney. 5. 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. 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: APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29982-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Motor Vehicle Maintenance $ 1,764,862.00 Capital Outlay (1) ................................ 38,949.00 560 RETAINED EARNINGS Retained Earnings - Unrestricted (2) .............. $ 2,372,836.00 1) Other Equipment (006-052-2641-9015) $ 24,316.00 2) Retained Earnings - Unrestricted (006-3336) (24,316.00) 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 19th day of March, 1990. No. 29983-31990. A RESOLUTION accepting the bid of Sun Electric Corporation by Earl Williams, Sales Representative, made to the City for furnishing and delivering one (1) new computerized diagnostic engine analyzer; 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 Sun Electric Corporation by Earl Williams, Sales Representative, made to the City, offering to supply one (1) new computerized diagnostic engine analyzer meeting all of the City's specifications and require- ments therefor, for the total bid price of $24,315.75, 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 Clerk is directed to pro- curement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: APPROVED City Clerk 561 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29985-31990. A RESOLUTION accepting the bid of Detention Services, Inc., made to the City for furnishing and delivering forty (40) new bunks and eight (8) new tables at the Roanoke 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 Detention Services, Inc., made to the City, offering to supply forty (40) new bunks and eight (8) new tables at the Roanoke City Jail meeting all of the City's specifications and requirements therefor, for the total bid price of $10,194.00, which bid in 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29986-31990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Non-Departmental Contingency-General Funds (1) ..................... General Government Billing and Collections (2-3) ..................... 15,382,845.00 234,746.00 8,135,198.00 782,691.00 1) Equipment Repl. Contingency (001-002-9410-2202) $(41,646.00) 2) Training and Development (001-004-1232-2044) 4,000.00 3) Other Equipment (001-004-1232-9015) 37,646.00 BE IT FURTHER ORDAINED that, shall be in effect from its passage. an emergency existing, this Ordinance ~ ~C~ty Clerk APPROVED 562 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 1990. No. 29987-31990. A RESOLUTION accepting the bid of Micro Palm Computers, Inc. made to the City for furnishing and delivering 6 hand held programmable computers and related equipment; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Micro Palm Computers, Inc., made to the City, offering to supply 6 hand held programmable computers and related equipment meeting all of the City's specifications and requirements therefor, for the total bid price of $18,749.68, which bid in 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1990. No. 29984-32690. AN ORDINANCE accepting bids for certain vehicular equipment; rejecting other bids. 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 hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price i - New 4-door sedan Berglund Chevrolet, Inc. $ 12,740.51 2 i - New 8-passenger Dominion Car Company $ 16,699.96 Van 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's speci- fications, the respective bids made therefor and in accordance with this ordi- nance, as more particularly set out in report to this Council dated March 19, 1990. 563 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1990. No. 29988-32690. AN ORDINANCE 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 the term of FY 1989-90; 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 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 term of FY 1989-90, wi th payment for such services to be made by the County of Roanoke's Department of Social Services to the City from Title XX funds; said contract to be in form approved 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 V i ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1990. No. 29989-32690. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Heal th and Welfare Emergency Shelter Grant - FY90 (1) ................. $ 282,947.00 39,000.00 564 REVENUE Heal th and Welfare Emergency Shelter Grant - FY90 (2) ................. $282,947,00 39,000.00 (1) Operating Expenditures (2) Federal Grant Receipts (035-054-5121-2210) $39,000.00 (035-035-1234-7076) 39,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1990. No. 29990-32690. 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 under Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77) and the Stewart B. McKinney Homeless Assistance Amendments Act (Public Law 100-628); 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. That 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 7, 1990, of a grant of Federal funds under Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77) and the Stewart B. McKinney Homeless Assistance Amendments Act (Public Law 100-628), amounting to $39,000.00 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-90-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 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 U. S. Department of Housing and Urban Development, now or hereafter in effect, pertaining to the assistance pro- vided. 3. That upon execution of the City's acceptance of said offer and execution of agreement to the terms and conditions incorporated therein, the original and one copy of the aforesaid document 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 to be retained by the City Clerk, for the City. ATTEST: APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1990. No. 29991-32690. 565 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Other Infrastructure Mill Mountain Master Plan (1) ..................... Capital Improvement Reserve Capital Improvement Reserve (2) ................... 1) $14,505,714.00 35,000.00 48,758,475.00 2,318,322.00 Appropriations from General Revenue {008-052-9630-9003) $ 35,000.00 2) FY 90 Revenue Adjustment (008-052-9575-9188) (35,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1990. No. 29992-32690. A RESOLUTION authorizing the award of a contract with Rhodeside & Harwell, Incorporated to provide professional planning services to update the Mill Mountain Master Plan and authorizing the appropriate City officials to exe- cute the contract with such firm. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk shall be authorized to execute and attest, respectively, a contract with Rhodeside & Harwell, Incorporated, of Alexandria, Virginia, for the provision by such firm of professional services to update the Mill Mountain Master Plan, such services being more particularly set forth in report of the City Manager dated March 26, 1990. 2. The amount of the contract to be entered into with Rhodeside & Harwell, Incorporated, shall not exceed $35,000. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: APPROVED City Clerk Vice-Mayor 566 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1990. No. 29993-32690. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges Realignment of Thirland Road NW (1) ............... Capital Improvement Reserve Capital Improvement Reserve (2) ................... $ 4,792,511.00 281,000.00 48,693,475.00 2,253,322.00 1) Appropriations from General Revenue (008-052-9630-9003) $ 100,000.00 2) FY 90 Revenue Adjustment (008-052-9575-9188) (100,000.00) 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 26th day of March, 1990. No. 29994-32690. AN ORDINANCE providing for the acquisition of a right-of-way needed by the City for the realignment and reconstruction of Thirlane Road; 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 condemnation, 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 realignment and reconstruction of Thirlane Road; 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 realignment and reconstruction of Thirlane Road in this City, the City wants and needs a right-of-way described in the report of the City Manager on this subject, dated March 26, 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 realignment and reconstruction of Thirland Road for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 567 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 $100,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, 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 realignment and reconstruction of Thirlane Road. 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 indentified in the report of the City Manager on this subject. 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 Vice-Mayor IN THE COUNCIL,OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of March, 1990. No. 29995-32690. A RESOLUTION expressing appreciation to Sherertz, Franklin, Crawford, Shaffner, for their development of a preliminary street layout for the Kirk Avenue Renovations. WHEREAS, during the planning stage of the improvements to the heavy pedestrain traffic areas in downtown Roanoke, Downtown Roanoke, Inc., requested that the work on Kirk Avenue, between Jefferson Street and First Street, S. W., be deferred to allow for preparation of a long-range plan for streetscape impro- vements in this block; WHEREAS, Downtown Roanoke, Inc., obtained the services of Sherertz, Franklin, Crawford, Shaffner, a local architectural/engineering/planning firm with offices at 14 West Kirk Avenue, who volunteered to develop a preliminary street layout for Kirk Avenue Renovations; WHEREAS, the plan includes new sidewalks, curbs, sidewalk islands for planting of trees, and decorative street lighting, all of which are aimed at enhancing the pedestrian-oriented nature of this unique retail shopping area in the downtown area of this City; and WHEREAS, the City intends to adopt the concept of the plan developed by Sherertz, Franklin, Crawford, Shaffner, in improving this block on Kirk Avenue in downtown Roanoke. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 568 1. This Council hereby expresses its sincere appreciation to the mem- bers and employees of the firm of Sherertz, Franklin, Crawford, Shaffner, for their voluntary contribution to the downtown area through the development of a preliminary street layout for the Kirk Avenue Renovations. 2. The City Clerk is directed to forward attested copies of this resolution to Patrick N. Shaffner, President, Sherertz, Franklin, Crawford, Shaffner, and to Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1990. No. 29996-4290. AN ORDINANCE authorizing the Trustees of Roanoke Valley Worship Center Church of God to take and hold more than fifteen (15) acres of land in the City, subject to certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Trustees of Roanoke Valley Worship Center Church of God are hereby authorized to take and hold in the City such lands as are deemed necessary to locate, relocate or expand the Church's facilities, such lands not to exceed a total of 22.76 acres, more or less, which total shall include the properties presently owned by the Trustees in the City, and all such lands shall be devoted exclusively to such uses as are permitted by §57-12 Code of Virginia (1950), as amended. ' 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. City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1990. No. 29997-4290. 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 as follows: 569 1. That the City Manager be, and he is hereby authorized, for and on behalf of the City, to execute a Real Estate Option on real estate located at 903 Kellogg Avenue, N. E., as set out in and attached to the City Manager's report dated April 2, 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; and 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1990. No. 29999-4290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Water Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Water - Operating (1) .............................. $ 1,726,012.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) ............... 15,458,705.00 1) Utility Line Service (002-056-2160-7020) $ 230,000.00 2) Retained Earnings - Unrestricted (002-3336) (230,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ C~ity Clerk 570 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 1990. No. 30000-4290. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sewage Administration Contractual Services (1) .......................... Sewage Maintenance Other Charges (2) ................................. Sewage Operations Other Charges (3-4) ............................... $ 1,941,274.00 1,290,296.00 869,103.00 563,422.00 2,106,328.00 1,309,262.00 1) Fees for Professional Services 2) Maintenance Equipment 3) Natural Gas 4) Chemicals (003-056-3150-2010) (003-056-3155-2048) (003-056-3160-2024) (003-056-3160-2045) $(15o,ooo.oo) (75,000.00) 75,000.00 150,000.00 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 9th day of April, 1990. No. 29998-4990. AN ORDINANCE authorizing the proper City officials to enter into a five-year extension of the lease agreement with purchase option between the City and Budget Rent-a-Car of Roanoke, Inc., for a one-acre parcel of land on the south side of Municipal Road, N. W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized to execute and attest, respec- tively, for and on behalf of the City of Roanoke, a five-year extension of the lease with Budget Rent-a-Car of Roanoke, Inc., for a one-acre portion of a 12.93-acre tract on the south side of Municipal Road, N. W., bearing Official Tax No. 6640105, such agreement to be for a five-year term ending December 31, 1994, at an annual lease rate of $8,616.00 or $718.00 per month, and to contain a purchase option upon thirty (30) days written notice by Lessee, at any time during the five-year extension at a price determined by appraisal and approved and mutually agreed upon by both parties, to include the requirement that Lessee accomplish the subdivision of the property and conform to all appropriate City Codes and ordinances, and to contain such other terms and conditions as are approved and required by the City Manager as set forth in a report to this Council dated January 2, 1990, in form approved by the City Attorney. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1990. No. 30002-4990. 571 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Judicial Administration $ 3,100,628.00 Commonwealth's Attorney (1) ....................... 611,735.00 REVENUES Grants-in-Aid Commonwealth $51,719,707.00 Shared Expenses (2) ............................... 1,991,219.00 1) 2) Furniture and Equipment (001-026-2210-9005) $12,618.00 Commonwealth's Attorney (001-020-1234-0610) 12,618.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: .~. City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1990. No. 30003-4990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 $15,357,168.00 Transfers to Other Funds (1) ...................... 13,463,618.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City - Unappropriated (2) ............. $ 694,940.00 '572 CAPITAL PROJECTS FUND Appropriations Other Infrastructure $14,520,714.00 Roanoke River Flood Reduction (3) ................. 250,000.00 1) Transfers to Capital Projects Fund 2) CMERP - City - Unappropriated 3) Appr. From General Revenue (001-004-9310-9508) (001-3323) (008-056-9619-9003) $ 50,000.00 (50,000.00) 50,000.00 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 9th day of April, 1990. No. 30004-4990. 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; authorizing the City Manager to accept such grant funds, and providing for a local dollar for dollar match. 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 9, 1990, 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. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1990. No. 30005-4990. 573 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Federal Forfeited Property Grant (1) ............... $808,822.00 228,191.00 REVENUE Public Safety Federal Forfeited Property Grant (2) ............... 1) 2) Investigations and Rewards Federal Grant Revenue BE IT FURTHER ORDAINED that, shall be in effect from its passage. 808,822.00 228,191.00 (035-050-3300-2150) $23,335.00 (035-035-1234-7060) 23,335.00 an emergency existing, this Ordinance APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1990. No. 30006-4990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Street and Bridges Downtown Curb and Sidewalks - Phase II and 14th Street (1-2) ..................................... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (3-4) ....... $5,437,292.00 283,588.00 4,311,128.00 1,977,972.00 1) 2) 3) 4) Appropriated from Bond Funds Appropriated from General Revenue Series 1988 - Streets & Bridges Series 1988 - Storm Drains (008-052-9652-9001) $ 261,245.00 (008-052-9652-9003) 22,343.00 (008-052-9603-9181) (261,245.00) (008-052-9603-9176) ( 22,343.00) 574 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1990. No. 30007-4990. A RESOLUTION accepting the bid of H & S Construction Company made to the City for construction of downtown curb and sidewalk replacement and 14th Street, S. E. Storm Drain Project; 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 H & S Construction Company made to the City, for construction of downtown curb and sidewalk replacement and 14th Street, S. E. Storm Drain Project, meeting all of the City's specifications and requirements therefor, for the total bid price of $256,287.50, which bid in 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1990. No. 30008-4990. A RESOLUTION urging that Congress enact legislation to restore to municipalities significant control over the regulation of rates and operation of local cable television systems. WHEREAS, municipal regulation of cable television is essential in order to regulate the use of valuable and limited public right-of-way, to protect con- sumers' interests, to foster public educational and governmental use of cable television systems, and to provide for the protection of community cable related needs and interests; WHEREAS, although the Cable Communications and Policy Act of 1984 was intended to increase competition and lower cable rates, the impact of this legislation has been to impose major restrictions on local regulation and loca- lities' ability to control increasing cable rates; and WHEREAS, a number of legislative proposals are now before Congress which would return regulatory power over cable television to local governments. 575 THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that Council hereby urges enactment of appropriate congressional legislation to pro- vide significant local control over the operation and regulation of rates for local cable television systems. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the Honorable John Warner and the Honorable Charles S. Robb, Members, United States Senate and the Honorable Jim Olin, Member, United States Congress as well as the members of the Regional Cable Television Committee. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1990. No. 30001-41690. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 228, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on April 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. 228 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 the southerly terminus of Bean Street (no address assigned) approximately 325 feet south of Hershberger Road, N. W., designated on Sheet No. 228 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2280601 be, and is hereby rezoned from C-1, Office District, to C-2, General Commercial District, subject to those conditions prof- fered by and set forth in the Third Amended Petition to Rezone filed with the City Clerk on March 28, 1990, and that Sheet No. 228 of the Zone Map be changed in this respect. ATTEST: ,,' City Clerk APPROVED Mayor 5'7 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1990. No. 30009-41690. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare Social Services-Services (1-4) ..................... Nondepartmental Contingency-General Fund (5) ....................... $12,389,411.00 5,194,853.00 15,174,482.00 71,857.00 REVENUES Grants-in-Aid Commonwealth $52,126,619.00 Welfare (6-9) ...................................... 7,416,512.00 1) ADC-Foster Care (100%) (001-054-5314-3115) $ 120,000.00 2) Foster Care (001-054-5314-3140) 198,000.00 3) Purchased Services (001-054-5314-3160) 134,680.00 4) Subsidized Adoption IV-E (001-054-5314-3155) 18,750.00 5) Contingency (001-002-9410-2199) (125,936.00) 6) ADC-Foster Care (001-020-1234-0672) 120,000.00 7) Foster Care (001-020-1234-0675) 99,000.00 8) Purchased Services (001-020-1234-0683) 107,744.00 9) Subsidized/Special Needs Adoption (001-020-1234-0673) 18,750.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1990. No. 30010-41690. AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with Breakell, Inc., for upgrading of the chlorination/dechlorination facility at the Roanoke Water Pollution Control Plant; and providing for an emergency. 577 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 Breakell, Inc., dated September 11, 1989, authorized by Ordinance No. 29767-91189, to provide for such company's upgrading of the chlorination/dechlorination facility at the Roanoke Water Pollution Control Plant. 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT $399,890.00 Changes/Additions to contract as set forth in the City Manager's Report dated April 16, 1990. 22,749.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. i $422,639.00 Additional time resulting from Change Order No. I 83 consecutive calendar days. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1990. No. 30011-41690. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Judicial Administration $3,132,834.00 Law Library (1-5) 159 570 O0 578 FUND BALANCE Capital Maintenance and Equipment Replacement Program - City - Unappropriated (6) .............. $ 694,940.00 REVENUES Charges for Current Services $5,452,225.00 Court Costs (7) .................................... 536,000.00 1) Publications and Subscriptions (001-054-2150-2040) $ 38,724.00 2) Telephone (001-054-2150-2020) 100.00 3) Expendable Equip. (001-054-2150-2035) 1,500.00 4) Admin. Supplies (001-054-2150-2030) 1,000.00 5) Furniture & Equip. (001-054-2150-9005) 3,500.00 6) CMERP - City Unappropriated (001-3323) (28,224.00) 7) Law Library Fees (001-020-1234-0819) 16,600.00 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 23rd day of April, 1990. No. 30012-42390. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Projects and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: CAPITAL PROJECTS FUND Appropriations Education Asbestos Abatement (1) ............................. William Fleming Field House Repairs (2-3) .......... $ 9,070,890.00 747.720.00 132,700.00 Revenue Accounts Receivable - Asbestos Abatement Suit - Schools (4) .................................... $ Accounts Receivable - Insurance Proceeds - William Fleming Field House (5) ....................... 63,200.00 312,700.00 GRANT FUND Appropriations Education Preschool Incentive Program 1990 (6-9) ............. Apprenticeship 89-90 (10-11) ....................... Governor's Sixth Grade Computer Initiative (12) .... $14,490,191.00 38,316.00 107,685.00 1,734.00 579 Revenue Education Preschool Incentive Program 1990 (13) .............. Apprenticeship 89-90 (14-15) ....................... Governor's Sixth Grade Computer Initiative (16) .... $14,490,191.00 38,316.00 107,685.00 1,734.00 1) Repairs to School 2) Repairs to School 3) Replacement of Equipment 4) Accounts Rec. - Asbestos Suit 5) Accounts Rec. - Ins. Proceeds 6) Diagnostic Services 7) Soc. Security 8) Inst. Supplies 9) Inst. Equipment 10) Soc. Security 11) Part Time Inst. 12) Computer Software 13) Federal Grant Receipts (008-060-6069-6896-0851) (008-060-6071-6896-0851) (008-060-6071-6896-0801) (008-1259) (008-1260) (035-060-6581-6553-0311) (035-060-6581-6553-0211) (035-060-6581-6553-0614) (035-060-6581-6553-0821) (035-060-6738-6138-0201) (035-060-6738-6138-0313) (035-060-6960-6202-0614) (035-060-6581-1102) 14) State Grant Receipts (035-060-6738-1100) 15) Fees (035-060-6738-1103) 16) State Grant Funds (035-060-6960-1100) $ 63,200.00 132,700.00 180,000.00 63,200.00 312,700.00 7,562.00 580.00 10,000.00 20,174.00 909.00 10,974.00 1,734.00 38,316.00 3,250.00 8,633.00 1,734.00 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 23rd day of April, 1990. No. 30013-42390. A RESOLUTION authorizing an agreement between the City and the United States Drug Enforcement Administration to provide for the City's continued par- ticipation in a Regional Drug Enforcement Task Force. WHEREAS, §15.1-131, et seq. of the Code of Virginia (1950), as amended, authorizes the governing bodies of political subdivisions of the Commonwealth to enter into reciprocal agreements with agencies of the federal government exer- cising police powers for cooperation in the furnishing of police services; and WHEREAS, trafficking in narcotics and dangerous drugs exists in the Commonwealth of Virginia and specifically in the metropolitan Roanoke area; and WHEREAS, such illegal activity has a substantial detrimental effect on the health and general welfare of the people of the area; and WHEREAS, cooperation among law enforcement agencies is an effective and efficient means of combating narcotics and dangerous drug trafficking. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 5 8 0 1. The City Manager or his designee is authorized to enter into an agreement with the United States Drug Enforcement Administration to provide for the City's support of the Interagency Drug Enforcement Task Force. 2. Such agreement shall be substantially as set forth in the attach- ment of the City Manager's report of April 23, 1990, and the form thereof shall be approved by the City Attorney. ATTEST: · City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of April, 1990. No. 30014-42390. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sewage from Capital Outlay STP Land Acquisition (1) ........................... Fine Mesh Screens (2) .............................. Williamson Road - Phase 2/IIB (3) .................. Mud Lick Sanitary Sewer (4) ........................ Williamson Road - Phase 2/IIC (5) .................. Coyner Springs Sewer (6) ........................... Williamson Road - Phase 2/IIE (7) .................. $ 3,938,116.00 28,000.00 66,282.00 373,360.00 482,816.00 543,585.00 416,288.00 178,608.00 RETAINED EARNINGS Retained Earnings - Unrestricted (8) ............... $14,253,533.00 1) Appr. from General Revenue (003-056-8420-9003) $(14,000.00) 2) Appr. from General Revenue (003-056-8427-9003) (363,718.00) 3) Appr. from General Revenue (003-056-8431-9003) (50,647.00) 4) Appr. from General Revenue (003-056-8442-9003) (40,984.00) 5) Appr. from General Revenue (003-056-8443-9003) (64,359.00) 6) Appr. from General Revenue {003-056-8444-9003) (16,855.00) 7) Appr. from General Revenue (003-056-8445-9003) (12,000.00) 8) Retained Earnings - Unrestricted (OO3-3336) 562,563.00 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 7th day of May, 1990. No. 30015-50790. 581 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; 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 8, 1990, through June 9, 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, including City property, growing out of or directly or indirectly resulting from the permission herein granted; {c) Permittee shall provide the City Clerk with a cer- tificate 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) Permittee shall obtain any and all necessary permissions for construction, attachment, installation, erection and maintenance of such objects from any affected private pro- perty owners and the State Department of Highways and Transportation; (f) The City shall incur no cost as a result of grant of this permit; and (g) 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. 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. APPROVED ATTEST: ~~_ City Clerk 582 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30016-50790. 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 as it is described in Application Form LCG-1. 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 funds not properly used or accounted for pursuant to the regulations and the application. 7. Said 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. ATTEST: APPROVED City Clerk 583 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30017-50790. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare Income Maintenance (1) ............................ Social Services - Services (2) .................... $12,424,411.00 3,324,638.00 5,264,853.00 REVENUE Grants-in-Aid Commonwealth $52,174,237.00 Welfare (3-4) ..................................... 7,451,512.00 1) Auxiliary Grant Program (001-054-5313-3120) $(35,000.00) 2) Purchased Services (001-054-5314-3160) 70,000.00 3) Purchased Services (001-020-1234-0683) 63,000.00 4) Auxiliary Grant (001-020-1234-0670) (28,000.00) 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 7th day of May, 1990. No. 30018-50790. A RESOLUTION authorizing the execution of a contract with Hayes, Seay, Mattern & Mattern, Inc. to provide certain architectural and engineering ser- vices, specifically the plans and specifications for an atrium, pedestrian bridge and streetscape improvements in connection with the Dominion Tower and parking garage development at the corner of Jefferson Street and Salem Avenue. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Hayes, Seay, Mattern & Mattern, Inc. for the provision by such firm of architectural and engineering services for an atrium, pedestrian bridge and streetscape improvements in connection with the Dominion Tower and parking garage development at the corner of Jefferson Street and Salem Avenue, as more particularly set forth in the May 7, 1990, report of the City Manager to this Council. 4 2. The contract amount authorized by this resolution shall not exceed $265,600.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30019-50790. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Motor Vehicle Maintenance Contractual Services (1) .......................... $1,814,862.00 50,000.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) .............. 2,347,152.00 1) Fees for Prof. Services (006-052-2641-2010) 2) Retained Earnings - Unrestricted (006-3336) $ 50,000.00 (50,000.00) 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 7th day of May, 1990. No. 30020-50790. 585 A RESOLUTION authorizing the execution of a contract with Olver Incorporated, for implementation of a work plan and site assessment at the Public Works Service Center, 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, an agreement with Olver Incorporated, for the implementation by such firm of a work plan and site assessment services at the Public Works Service Center, as more particularly set forth in the May 7, 1990, report of the City Manager to this Council. e $50,000.00. The contract amount authorized by this ordinance shall not exceed 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30021-50790. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Water Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay from Revenue Garst Mill Road (1) ............................... Statesman Telemetry (2) ........................... Hollins Pump Station Improvement (3) .............. Carvins Cove Concession Replacement (4) ........... Airport Road Line (5) ............................. Capital Outlay Water Maintenance - Painting (6) .................. Fire Hydrants FY87 (7) ............................ $ 674,833.00 -0- -0= -0- 99,979.00 66,000.00 1,221,546.00 -0- 68,233.00 RETAINED EARNINGS Retained Earnings - Unrestricted (8) .............. $16,084,761.00 1) Appr. from General Revenue (002-056-8308-9003) $(171,000.00) 2) Appr. from General Revenue (002-056-8326-9003) ( 6,492.00) 3) Ap~r. from General Kevenue (002-056-8332-9003) (22,924.00) 586 4) Appr. from General Revenue 5) Appr. from General Revenue 6) Appr. from General Revenue 7) Appr. from General Revenue 8) Retained Earnings - Unrestricted (002-056-8344-9003) (002-056-8356-9003) (002-056-2178-9028) (002-056-2178-9033) (002-3336) $( 640.00) (40,000.00) (75,000.00) (lOO,OOO.OO) 416,056.00 BE IT FURTHER ORDAINED that, shall be in effect from its passage. an emergency existing, this Ordinance APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30022-50790. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Motor Vehicle Maintenance Capital Outlay (1) ................................ $1,787,457.00 61,544.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) .............. 2,345,469.00 1) Other Equipment (006-052-2641-9015) 2) Retained Earnings - Unrestricted {006-3336) $ 22,595.00 {22,595.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City Clerk APPROVED 587 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30023-50790. A RESOLUTION accepting bids for a truck cab/chassis and car-carrier, and rejecting other bids. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price One (1) new truck cab/ chassis Berglund Chevrolet, Inc. $12,323.37 One (1) new car-carrier for above truck cab/ chassis Lee-Hi Wrecker Sales $10,270.95 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifi- cations, the respective bids made therefor and in accordance with this ordi- nance. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30024-50790. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Materials Control Capital Outlay (1) ................................ $ 172,487.00 45,781.00 588 RETAINED EARNINGS Retained Earnings - Unrestricted (2) .............. $2,382,608.00 1) Other Equipment - (006-050-1613-9015) $ 14,544.00 2) Retained Earnings - Unrestricted (006-3336) (14,544.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: r'--,, City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30025-50790. A RESOLUTION accepting the bid of Sydnor Industrial Service, Inc., made to the City for furnishing and delivering one new two-ton forklift; 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 Sydnor Industrial Service, Inc., made to the City, offering to supply one new two-ton forklift meeting all of the City's specifica- tions and requirements therefor, for the total bid price of $14,544.00, 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. City Clerk APPROVED Mayor 589 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30026-50790. A RESOLUTION accepting the bid of Zarn, Inc., made to the City for fur- nishing and delivering nine thousand (9,000) pod type recycling carts; 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., made to the City, offering to supply nine thousand {9,000) pod type recycling carts meeting all of the City's specifica- tions and requirements therefor, for the total bid price of $182,070.00, which bid in 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 City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30030-50790. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1990, and ending June 30, 1991; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 1990, and ending June 30, 1991, 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 for Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Education: 48,616,705.00 37,905,000.00 520,218.00 593,000.00 1,661,170.00 25,285,750.00 28,000.00 4,458,346.00 252,979.00 State School Funds State Sales Tax (ADM) Federal School Funds Other School Revenue $22,292,347.00 7,502,571.00 1,485,416.00 1,434,133.00 32,714,467.00 Total Revenue $152,035,635.00 590 APPROPRIATIONS Council City Clerk City Manager - Administration Office of Management and Budget City Attorney Director of Finance Billings and Collections Commissioner of Revenue Treasurer Real Estate Valuation Board of Equalization of Real Estate General Services Municipal Auditing Director of Utilities and Operations Director of Administration and Public Safety Personnel Management Risk Management Director of Human Resources Director of Public Works Registrar Circuit Court Clerk of Circuit Court General District Court Juvenile and Domestic Relations Court Juvenile and Domestic Court Clerk Sheriff Law Library Commonwealth's Attorney Police - Administration $ 237,445.00 Police - Investigation 2,455,436.00 Police - Patrol 6,060,409.00 Police - Services 1,318,799.00 Police - Training 184,841.00 Fire - Administration Fire - Technical Services 238,831.00 Fire - Operations 8,677,223.00 Fire - Training and Safety 127,211.00 Subsidies to EMS Jail Juvenile Detention Home Outreach Detention Juvenile Probation House Crisis Intervention Building Inspection Emergency Services Emergency Medical Services Animal Control Street Maintenance Street Paving Communications Snow Removal Street Lighting Signals and Alarms Refuse Collection Custodial Services Engineering Building Maintenance Grounds Maintenance Roanoke City Health Department Mental Health and Retardation Citizens Services Committee Total Action Against Poverty Social Services - Administration $ 394,380.00 Income Maintenance 3,706,214.00 Social Services - Services 6,065,165.00 Employment Services 576,347.00 Temporary Food Assistance 14,404.00 State and Local Hospitalization Nursing Home Roanoke City Public Schools Parks and Recreation City Market 221,666.00 277,958.00 479,103.00 320,974.00 526,283.00 1,533,924.00 792,460.00 730,521.00 685,032.00 703,716.00 21,800.00 211,403.00 380,184.00 125,437.00 110,861.00 533,862.00 374,924.00 122,687.00 110,316.00 146,038.00 136,043.00 850,357.00 34,158.00 150,470.00 26,333.00 1,342,070.00 145,048.00 671,977.00 10,256,930.00 9,326,518.00 195,932.00 4,028,870.00 620,685.00 155,569.00 338,695.00 367,822.00 709,519.00 208,134.00 735,767.00 241,198.00 2,313,305.00 650,000.00 1,500,266.00 103,560.00 899,000.00 660,382.00 3,967,212.00 912,585.00 1,220,076.00 2,914,405.00 2,950,711.00 1,041,453.00 306,588.00 285,000.00 141,948.00 10,756,510.00 40,220.00 1,223,941.00 63,829,541.00 1,277,873.00 11,677.00 APPROPRIATIONS (continued) Contributions Libraries Community Planning Economic Development and Grants Grant Compliance Municipal Parking Garage Greater Roanoke Transit Community Education Cooperative Extension Program Fringe Benefits Miscellaneous Transfer to Other Funds Contingencies Personnel Lapse Contingency Total Appropriations 591 795,091.00 1,847,858.00 363,752.00 291,946.00 52,738.00 120,533.00 272,605.00 41,133.00 74,954.00 917,000.00 109,850.00 10,284,370.00 1,456,308.00 550,000.00) $ 152,035,635.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another; 4. That this Ordinance shall be known and cited as the 1990-91 General Fund Appropriation Ordinance; and 5. That 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 on and after July 1, 1990. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30031-50790. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1990, and ending June 30, 1991; 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, 1990, and ending June 30, 1991, 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-Operatin9 $4,080,000.00 146,000.00 Total Revenue $4,226,000.00 5:9 2 APPROPRIATIONS General Operating Expense Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay $1,624,601.00 592,754.00 825,137.00 $3,042,492.00 719,636.00 6,000.00 1,073,000.00 Total Appropriations 4,841,128.00 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 1990-91 Water Fund Appropriation Ordinance; and 4. That 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 on and after July 1, 1990. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30032-50790. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1990, and ending June 30, 1991; 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, 1990, and ending June 30, 1991, 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 $6,410,000.00 306,000.00 Total Revenue $6,716,000.00 APPROPRIATIONS Administration Lateral Maintenance and Replacement Maintenance Operations Laboratory Depreciation Interest Expense Capital Outlay $1,438,388.00 1,220,000.00 749,947.00 2,041,301.00 243,821.00 $5,693,457.00 1,018,637.00 70,800.00 69,200.00 Total Appropriations $6,852,094.00 593 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 1990-91 Sewage Treatment Fund Appropriation Ordinance; and 4. That 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 on and after July 1, 1990. ATTEST~ ~ ~. City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30033-50790. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1990, and ending June 30, 1991; 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, 1990, and ending June 30, 1991, 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 $ 929,100.00 Non-Operating 700,120.00 Total Revenue $1,629,220.00 APPROPRIATIONS Operating Expense Promotional Expense Depreciation Capital Outlay $1,507,859.00 71,361.00 $1,579,220.00 353,304.00 50,000.00 Total Appropriations $1,982,524.00 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 1990-91 Civic Center Fund Appropriation Ordinance; and 4. That 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 on and after July 1, 1990. APPROVED /r~ C~ity Clerk Mayor 594 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30034-50790. AN ORDINANCE adopting the annual Internal Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1990, and ending June 30, 1991; 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, 1990, and ending June 30, 1991, shall constitute an Internal Service Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating Non-Operating $ 7,227,591.00 35,000.00 Total Revenue $ 7,262,591.00 APPROPRIATIONS City Information Systems Materials Control Management Services Utility Line Services Motor Vehicle Maintenance Fringe Benefits Personnel Lapse Contingency Reserve $ 1,992,622.00 158,772.00 428,246.00 2,712,471.00 1,817,513.00 35,000.00 ( 100,000.00) 100,000.00 Total Appropriations $ 7,144,624.00 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 1990-91 Inter- nal Service Fund Appropriation Ordinance; and 4. That 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 on and after July 1, 1990. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30035-50790. AN ORDINANCE to adopt and establish a new Pay Plan for officers and employees of the City effective July 1, 1990; providing for merit increases; authorizing annual salary in crements for certain officers and employees for use of private motor vehicles; repealing Ordinance No. 29557, adopted May 8, 1989, to the extent of any inconsistency; and providing for an emergency and an effec- tive date. 595 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Pursuant to §2-69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 1, 1990, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: PAY PLAN - FISCAL YEAR 1990-91 PAY MINIMUM MARKET MAXIMUM GRADE ANNUAL RATE ANNUAL 1 $10,523.24 $13,154.00 $15,784.86 2 11,049.48 13,812.00 16,574.48 3 11,602.50 14,503.00 17,403.62 4 12,182.30 15,228.00 18,273.58 5 12,792.00 15,990.00 19,188.00 6 13,751.14 17,189.00 20,626.84 7 15,126.28 18,908.00 22,689.68 8 16,714.36 20,893.00 25,071.54 9 18,468.84 23,086.00 27,703.26 10 20,408.70 25,511.00 30,613.18 11 22,551.10 28,189.00 33,826.78 12 24,918.40 31,148.00 37,377.60 13 27,548.04 34,435.00 41,322.06 14 30,468.10 38,085.00 45,702.02 15 33,712.90 42,141.00 50,569.22 16 37,319.88 46,650.00 55~980.08 17 41,331.94 51,665.00 61,998.04 18 45,795.88 57,245.00 68,694.08 19 50,764.74 63,456.00 76,147.24 20 56,298.32 70,373.00 84,447.48 80% 100% 120% PERCENT OF MARKET 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 3. Pursuant to §2-68, Code of the City of Roanoke (1979), as amended, effective July 1, 1990, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisti~ng of a plan of classification assigning a pay grade, pay range in accordance with this Ordinance and class code to each position in the classified service of the City. 4. Merit increases in an amount of not less than 6.1 percent of the market rate of the relevant pay grade shall be added to the annual salary rates of officers and employees achieving satisfactory review of service on their merit review dates under merit evaluation procedures promulgated by the City Manager; provided, however, when any such merit increase would cause an officer or employee to exceed the maximum pay range applicable to such officer's or employee's position, such officer or employee shall receive a merit increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. 5. Notwithstanding Paragraph 4, with respect to any officer or employee whose salary on June 30, 1990, is below the applicable minimum for his pay range, such officer's or employee's annual salary rate shall be adjusted to the applicable minimum effective July 1, 1990. Thereafter, such officer or employee shall be eligible for a merit increase, assumin9 satisfactory service, upon his merit review date in an amount of not less than 6.1% of market rate added to his annual salary rate on June 30, 1990. '596 6. Annual salary increments payable on a bi-weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of con- ducting City business as follows: POSITION TITLE Appraiser Assistant City Manager Assistant Civic Center Manager Assistant to City Manager for Community Relations Deputy Chief Commissioner of Revenue License Inspector/Auditor City Attorney City Clerk Director of Real Estate Valuation Director of Administration and Public Safety Director of Finance Director of Human Resources Manager of Civic Center Municipal Auditor Recreation Supervisor Senior Appraiser Superintendent of Social Services Tax Compliance Auditor Youth Services Planner ANNUAL SALARY INCREMENT $ 1,620.00 1,800.00 990.00 1,080.00 1,300.00 1,300.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 1,800.00 990.00 1,800.00 990.00 1,620.00 450.00 1,300.00 900.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. 7. To the extent of any inconsistency, Ordinance No. 29557, adopted by this Council on May 8, 1989, is hereby REPEALED. 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 on and after July 1, 1990. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30036-50790. 597 AN ORDINANCE establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, 1990; and providing for an emergency and an effective date. WHEREAS, §14.1-47.2, Code of Virginia (1950), as amended, authorizes this Council, notwithstanding any contrary provision of law, general or special, to set annual salaries by ordinance for the Mayor, Vice-Mayor and each member of Council within certain limits, and this Council is desirous of exercising this authority; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 1990, and ending June 30, 1991, and for succeeding fiscal years unless modified by action of this Council, the annual salaries of the Mayor, Vice-Mayor and each member of Council shall be as follows: Mayor - $ 15,000 Vice-Mayor and Council Members - $ 13,000 2. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 1990. APPROVED ATTEST: ~)~,~ city Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 1990. No. 30037-50790. AN ORDINANCE establishing annual salaries for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1990; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 1990, and ending June 30, 1991, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be as follows: 598 City Manager - $ 90,000 City Attorney - $ 80,000 Director of Finance $ 80,000 Director of Real Estate Valuation - $ 53,000 Municipal Auditor $ 55,000 City Clerk - $ 49,000 2. For Fiscal Year 1990-1991 and succeeding fiscal years, the Director of Finance is hereby directed to pay to ICMA Retirement Corporation as deferred compensation on behalf of the incumbent City Clerk an amount equal to nine (9) percent of her annual salary as established by this Ordinance or sub- sequent enactments of this Council. In no calendar year shall the amount contributed on behalf of such officer exceed $7,500 or the maximum amount per- mitted by the Internal Revenue Code and IRS Regulations to be deferred annually on a tax free basis. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 1990. APPROVED ATTEST: '~m.~--~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30027-51490. AN ORDINANCE amending and reordaining §32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to establish a new cigarette tax rate of $.005 per cigarette; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §32-190. Levied; amount. In addition to all other taxes of every kind now imposed by there is hereby levied and imposed by the City, upon each and every sale of cigarettes, a tax equivalent to $.005 per cigarette (five mills per cigarette) sold within the City, the amount of such tax to be paid by the seller in the manner and at the time prescribed in this article. 2. This ordinance shall be in full force and effect on and after July 1, 1990. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30028-51490. 599 AN ORDINANCE to amend and reordain Article III, Tax on Tangible Personal Property Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by the addition of new §§32-104.1, Assessment date; situs, 32-108.1, Proration of personal property tax - Generally, 32-108.2, Proration as to mobile homes, and by the amendment of §32-106, Penalties and interest on delinquencies - Generally, and subsection (a) of §32-108, Taxpayer's return - Generally; such new and amended sections establishing a system of proration of personal property tax applicable to motor vehicles, trailers and boats, providing special rules for mobile homes, defining "tax day" and "situs", requiring the filing of returns and providing for penalties and in- terest as to late payments; and providing for an effective date of January 1, 1991. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article III, Tax on Tangible Personal Property Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new sections: §32-104.1. Assessement date; situs. (a) Except as provided in §§32-108.1 and 32-108.2, all property taxable under §32-104 of this Article shall be assessed as of January i of each calendar year which date shall be the effective date of assessment and known as the "tax day." (b) The situs for the assessment and taxation of tangible personal property, merchants' capital and machinery and tools shall be determined pursuant to §58.1-3511, Code of Virginia (1950), as amended. §32-108.1. Proration of personal property tax - Generally. Effective January 1, 1991, the personal property tax assessed against motor vehicles, trailers and boats shall be prorated for the period of time the property has its tax situs in the City, or is owned by any person within the City, as follows: (a) For property which acquires or loses a tax situs within the City after January i of any year, the personal property tax shall be prorated on a monthly basis. (b) For purposes of proration, a period of one-half (1/2) month or longer shall be counted as a whole month, and a lesser period shall not be counted as any portion of a month. (c) Whenever title to any such property is transferred to a new owner within the City after January i of any year, the personal property tax to be paid by the seller and purchaser on such property shall be prorated on a monthly basis from the time of the sale. (d) Any person who is relieved of liability for any taxes by the preceding subparagraphs may receive a credit against any personal property taxes outstanding against such person, a credit upon any taxable property newly transferred to such person or a refund as to personal property tax already paid on such property, at the option of the taxpayer, upon application to the Commissioner, provided that applica- tion is made within one {1) year from the last day of the tax year during which the property lost its tax situs or was transferred to a new owner. A credit shall be extended or refund made within thirty (30) days after the determination of the Commissioner that the application should be granted. 60-0 (e) When any personal property acquires a tax situs in the City after January 1, or is transferred to a new owner in the City after January 1, the owner or purchaser of the pro- perty shall declare such proPerty with the Commissioner within thirty (30) days of the purchase or the acquisition of the tax situs, and the Commissioner shall assess such pro- perty pursuant to subsection (a) of this section. Any such tax shall be due and payable within thirty (30) days after presentation or mailing of such tax bill by the Treasurer, or May 31 of the tax year, whichever shall occur later. (f) No such prorated tax shall be assessed against any property for any year or portion of a year for which a pro- perty tax on the same property has been paid to any other jurisdiction of the Commonwealth, provided that the taxpayer shall be responsible for providing evidence that such a tax has been paid and not refunded in whole or in part by another jurisdiction in the Commonwealth. §32-108.2. Proration as to mobile homes. (a) All vehicles without motive power, used or designed to be used as mobile homes as defined in §36-71(4), of the Code of Virginia (1950), as amended, shall constitute a separate classification of personal property taxation separate from other classifications of tangible personal pro- perty; provided, however, the ratio of assessment and the rate of tax shall be the same as that applicable to real pro- perty in the City. (b) Whenever a mobile home, as defined in §36-71(4), Code of Virginia (1950), as amended, is delivered or moved into the City after January 1, and is used as a place of full-time residence by any person, the Commissioner shall quarterly prorate any property taxes which would have been collectible had such mobile home been situated in the City on January I of that year. (c) Whenever a mobile home, as defined in §36-71(4), Code of Virginia (1950), as amended, is delivered or moved into the City after the tax day, the Commissioner shall, after assessing the mobile home and ascertaining the proper amount of tax due, certify the assessment to the Treasurer who shall notify the taxpayer as soon as practicable of the amount of the tax owed. Such tax shall be paid within thirty (30) days from the date of such notice. The Treasurer shall assess the applicable penalty and interest on all such unpaid taxes as provided for in §32-106 of this Article. (d) No mobile home which has been in use as a place of residence shall be moved from the City until the owner has acquired a tax permit from the Treasurer. The Treasurer shall not issue such permit until such owner has paid to the City all local property taxes assessed or assessable against the mobile home. Such permit shall expire in forty-five (45) days and shall be conspicuously displayed on the left center of the rear of the mobile home at all times when such mobile home is being transported. Any dealer in mobile homes or secured party who removes a mobile home from the City on account of repossession or other operation of law shall notify the Commissioner before such removal. 2. Section 32-106, Penalties and interest on delinquencies - Generally, and subsection (a) of §32-108, Taxpayer's return - Generally, of Article III, Tax on Tangible Personal Property - Generally, are amended and reordained as follows: 601 §32-106. Penalties and interest on delinquencies - Generally. (a) Any person who shall fail to pay to the Treasurer, on or before the date due as provided by this Article, the whole of the tax imposed under this Article for any tax year shall be assessed by the Treasurer and shall pay, along with such tax, a penalty of ten (10) percent of such unpaid tax. (b) In addition to such penalty, interest at the rate ten (10) percent per annum shall be due on such unpaid taxes and any penalty assessed thereon commencing on the first day of the month following the month in which such taxes are due until paid. Interest at the rate established pursuant to §6621 of the Internal Revenue Code of 1954, as amended, or ten (10) percent per annum, whichever is greater, shall apply to the second and subsequent years of delinquency. §32-108. Taxpayer's return - Generally. (a) Every person owning any of the property taxable under §32-104 of this Article and having, its situs in this City on the tax day shall file a tangible personal property tax return with the Commissioner on forms prescribed therefor on or before February 15 of each year. 3. This ordinance shall be in full force and effect on and after January 1, 1991. APPROVED ATTEST: City C1 erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30029-51490. AN ORDINANCE amending and reordaining §20-31, When tax payable, Code of the City of Roanoke (1979), as amended, to provide for a grace period during which to pay any motor vehicle, trailer or semi-trailer license fee when such property acquires a situs in the City after January i of any year. BE IT ORDAINED by the Council of the City of Roanoke that §20-31, When tax payable, Code of the City of Roanoke (1979), as amended, is amended a-~ reordained as follows: §20-31. When tax payable. When any motor vehicle, trailer or semi-trailer, upon which an annual license tax is imposed pursuant to §20-28 of this Article, has its situs in the City on January i of any year, the license tax imposed by this Article shall be paid between April 15 and May 31 of the same year. When any motor vehicle, trailer or semi-trailer, upon which an annual license tax is imposed pursuant to §20-28 of this Article, acquires its situs in the City after January i of any year, the license tax imposed by this Article shall be paid within thirty (30) days of acquisition of situs or by May 31 of the same year, whichever shall occur later. For purposes of this Article, "situs" shall be determined pursuant to §46.2-752, Code of Virginia (1950), as amended. ATTEST: ~~ City C1 erk APPROVED Mayor 602 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30041-51490. A RESOLUTION approving the proposed Fiscal Year 1990-1991 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds; authorizing the City Manager to execute and submit the Statement of Community Development Objectives and Projected Use ~of Funds to the United States Department of Housing and Urban Development (HUD); and authorizing the City Manager to execute the requisite Grant Agreement with HUD. WHEREAS, by report dated May 7, 1990, the City Manager has transmitted to the Council for its review and consideration the proposed Fiscal Year 1990-1991 Budget for the Community Development Block Grant Program and the Statement of Communiiy 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 7, 1990, and con- ducted a public hearing on it on May 14, 1990, and citizen input was received earlier during hearings on January 16, 1990, and April 17, 1990. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council approves the Proposed Fiscal Year 1990-1991 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds. 2. The City Manager is authorized to execute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD). for final review and approval. 3. The City Manager is authorized to execute the requisite Grant Agreement with HUD and any and all understandings, assurances and documents relating thereto, for and on behalf of the City. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30042-51490. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Non-Departmental Equipment Replacement Contingency-General Fund {1) Public Works Street Maintenance (2) ............................ $15,281,591.00 133,966.00 19,553,417.00 2,476,814.00 603 1) Equip. Replacement Contingency (001-002-9410-2202) $(63,827.00) 2) Other Equipment (001-052-4110-9015) 63,827.00 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 14th day of May, 1990. No. 30043-51490. A RESOLUTION accepting bids made to the City for furnishing and deli- vering certain street maintenance equipment; and rejecting all other bids made to the City for such equipment. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Pave-Mark Corp., made to the City, offering to supply one (1) trailer mounted thermoplastic application system, meeting all of the City's specifications and requirements therefor, for the total bid price of $17,210.00, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The bid of Virginia Public Works Equipment Company, made to the City offering to supply one (1) self-propelled asphalt maintainer, meeting all of the City's specifications and requirements therefor, for the total bid price of $46,617.00, which bid in 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 orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this resolution. 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. APPROVED City Clerk 604 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30044-51490. A RESOLUTION accepting the bid of Dempster Systems made to the City for furnishing and delivering one new recyclables hauler consisting of cab/chassis and body; 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 Dempster Systems, made to the City, offering to supply one new recyclables hauler consisting of cab/chassis and body meeting all of the City's specifications and requirements therefor, for the total bid price of $70,312.00, which bid in 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: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30045-51490. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges Franklin Road Bridge Rehabilitation (1) ........... Capital Improvement Reserve Capital Improvement Reserve (2) ................... $ 6,130,513.00 641,221.00 49,621,506.00 2,162,790.00 FUND BALANCE Reserved Fund Balance - Unappropriated (3) ........ $ -0- 1) 2) 3) Appropriated from General Revenue Streets and Bridges Reserved Fund Balance - Unappropriated (008-052-9602-9003) (008-052-9575-9181) (008-3325) $ 593,221.00 (41,649.00) (551,572.00) 605 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 May, 1990. No. 30046-51490. AN ORDINANCE accepting the bid of Lanford Brothers Company for rehabi- litation of the deck of the Franklin Road Bridge over the tracks of the Norfolk & Western Railway, 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; authorizing the proper City officials to execute a Railway Force Account Agreement with Norfolk Southern Corporation; 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 made to the City in the total amount of $481,293.00 for rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk & Western Railway, such bid being in full compliance with the City's plans and specifications made therefor and as pro- vided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respec- tively, a Railway Force Account Agreement with Norfolk Southern Corporation in the amount of $39,734.00 in connection with said project, such contract to be approved as to form by the City Attorney. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk 606 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1990. No. 30047-51490. A RESOLUTION agreeing to the sale of an industrial building within the Roanoke Centre for Industry and Technology by the Greater Roanoke Valley Development Foundation to Quibell Corporation, and authorizing the execution of an agreement and any necessary ancillary documents to defer payment of a portion of the sale price due the City from the City of Roanoke Redevelopment and Housing Authority. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The contract between the Greater Roanoke Development Foundation ("Foundation") and Quibell Corporation providing for Quibell Corporation's purchase of an industrial building within the Roanoke Centre for Industry and Technology for the amount of $1,289,000, payment of $80,000 of which is to be deferred for five years at no interest, is hereby agreed to in accordance with the August 1, 1987, Agreement between the City, the Foundation and the City of Roanoke Redevelopment and Housing Authority ("RRHA"). 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the appropriate agreement with RRHA to defer for a period of five years at no interest payment of $80,000 of the amount due the City under the terms of the said August 1, 1987, Agreement, all in accordance with the recommendation contained in the report of the City Manager, dated May 14, 1990. 3. The City Manager is also authorized to execute any other ancillary documents which may be necessary to effectuate the purposes of this resolution. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30038-52190. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 103, 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 HM, Heavy Manufacturing District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 14, 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 607 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. 103 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 comprised of four parcels lying on the north side of Reserve Avenue approximately 115 feet, more or less, west of its intersection with Jefferson Street, designated on Sheet No. 103 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1032201, 1032202, 1032204 and 1032206. be, and is hereby rezoned from HM, Heavy Manufacturing District, to C-1, Office District, subject to those conditions proffered by and set forth in the Amended Petition filed in the Office of the City Clerk on March 30, 1990, and that Sheet No. 103 of the Zone Map be changed in this respect. APPROVED ATTEST: ~o.y~/~_~__ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30039-52190. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, 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 HM, Heavy Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 14, 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. 312 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 608 Property described as a tract of land consisting of four parcels being a portion of original Lots 15, 16 and 17, as shown on the map of Sunrise Heights, and located on the west side of Ridgefield Street, N. E., designated on Sheet No. 312 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3121408, 3121409, 3121410 and 3121414, be, and is hereby rezoned from RM-1, · Residential Multi-family, Low Density District, to HM, Heavy Manufacturing District, subject to those conditions proffered by and set forth in the Third Amended Petition filed in the Office of the City Clerk on April 19, 1990, and that Sheet No. 312 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30040-52190. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 14, 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. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: Property described as a parcel of land located at 3342 Melrose Avenue, N. W., containing 3.024 acres, more or less., designated on Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2660417 be, and is hereby rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on April 9, 1990, and that Sheet No. 266 of the Zone Map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30048-52190. A RESOLUTION recognizing JOHN T. LAMONDE, JR., 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, John T. Lamonde, Jr., is a Security/Custodian in the Custodial Services Department at the Public Works Service Center and has been employed by the City since 1980; years; WHEREAS, Mr. Lamonde has missed no time from work in the last four WHEREAS, while performing his duties, Mr. Lamonde has witnessed an attempted breaking and entering of an employee's motor vehicle on at least two occasions; WHEREAS, on each occasion, Mr. Lamonde's quick and appropriate action resulted in the apprehension of the person responsible for the criminal act and the recovery of the stolen goods; WHEREAS, Mr. Lamonde has received cash awards for two (2) suggestions of money-saving ideas submitted under the City Employee Suggestion Program; WHEREAS, such conduct and actions typify Mr. Lamonde's initiative and conscientious approach to his job; and Mr. Lamonde has been selected as the Public Works directorate's Employee Of The Year. 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 JOHN T. LAMONDE, JR., Security/Custodian. ATTEST APPROVED 6O9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30049-52190. 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 the amount of $735,000 under the Authority's Literary Fund Interest Rate Subsidy Program in order to fund renovations to Oakland Elementary School. APPROVED ATTEST: ~ ~ ~C1 ty~Ci erk 610 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30050-52190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Capital Projects and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: CAPITAL PROJECTS FUND Appropriations Education Heating Plant Replacement/Asbestos Abatement {1-2). Capital Improvement Reserve Public Improvement Bonds - 1990 (3) ................ $10,009,567.00 938,677.00 18,490,451.00 14,311,323.00 GRANT FUND Appropriations Education Chapter I Winter 1989-90 124-90-1 (4-29) ........... Chapter I Summer 124-90-2 (30-55) .................. Vocational Education Teen Mothers 1989-90 (56) ..... Summer Youth Employment 1990 {57-65) ............... Chess Program 1990-91 {66-69) ...................... Magnet School 1990-91 (70-92) ...................... Governor's School 1990-91 (93-127) ................. $17,126,360.00 2,019,401.00 139,349.00 41,521.00 34,357.00 25,000.00 1,715,457.00 553,019.00 Revenue Education Chapter I Winter 1989-90 124-90-1 (128) ............ Chapter I Summer 124-90-2 (129) .................... Vocational Education Teen Mothers 1989-90 (130) .... Summer Youth Employment 1990 (131) ................. Chess Program 1990-91 (132) ........................ Magnet School 1990-91 (133) ........................ Governor's School 1990-91 (134-135) ................ $17,126,360.00 2,019,401.00 139,349.00 41,521.00 34,357.00 25,000.00 1,715,457.00 553,019.00 1) Replacement of Boiler 2) Asbestos Abatement 3) Public Improv. Bonds 1990 - Schools 4) Teachers 5) Counselors 6) Coordinators 7) Teacher Aides 8) Social Security 9) Retirement-VSRS 10) Group Life Ins. 11) Instr. Travel 12) Guidance Travel 13) Field Trips 14) Parent Involv. 15) Inst. Supplies 16) Guid. Supplies 17) Transportation of Pupils 18) Delivery Driver (008-060-6072-6896-0801) (008-060-6072-6896-0809) (008-052-9700-9182) (035-060-6127-6449-0121) (035-060-6127-6449-0123) (035-060-6127-6449-0124) (035-060-6127-6449-0141) (035-060-6127-6449-0201) {035-060-6127-6449-0202) (035-060-6127-6449-0205) (035-060-6127-6449-0551) (035-060-6127-6449-0554) (035-060-6127-6449-0583) (035-060-6127-6449-0585) (035-060-6127-6449-0614) {035-060-6127-6449-0615) (035-060-6127-6549-0171) (035-060-6127-6549-0172) $ 288,677.00 650,000.00 (938,677.00) (58,875.00) (2,390.00) (3,439.00) (20,750.00) (6,405.00) ( 745.00) ( 48.00) ( 500.00) ( 130.00) (1,350.00) (1,045.00) (12,451.00) ( 75.00) (12,940.00) (1,228.00) 611 19) Crossing Guards 20) Social Security 21) Indirect Costs 22) Maintenance Contracts 23) Student Ins. 24) Admin. Travel 25) Evaluation 26) Misc. Materials 27) Inservice 28) Office Supplies 29) Food 30) Teachers 31) Counselors 32) Coordinators 33) Teacher Aides 34) Social Security 35) Retirement-VSRS 36) Group Life Ins. 37) Instr. Travel 38) Guidance Travel 39) Field Trips 40) Parent Involve. 41) Instr. Supplies 42) Guid. Supplies 43) Transportation of Pupils 44) Delivery Driver 45) Crossing Guards 46) Social Security 47) Indirect Costs 48) Maintenance Contracts 49) Student Insur. 50) Admin. Travel 51) Evaluation 52) Misc. Materials 53) Inservice 54) Office Supplies 55) Food 56) Contracted Child Care 57) Train. Salaries 58) Social Security 59) Train. Travel 60) Train. Supplies 61) Child Care 62) Tuition 63) Participant Trades Helpers 64) Participant Soc. Security 65) Participant Allowances 66) Teacher Stipends 67) Social Security 68) Field Trips 69) Supplies 70) Elem. Teachers 71) Health Insur. 72) Social Security 73) State Retire. 74) State Group Life Insurance 75) Health Insur. 76) Curriculum Dev. 77) Other Prof. Salaries 78) Clerical 79) Social Security 80) State Retire. 81) State Group Life Insurance 82) Indirect Costs (035-060-6127-6549-0195) $( (035-060-6127-6549-0201) ( (035-060-6127-6549-0212) ( 506.00) 133.00) 2,464.00) (035-060-6127-6549-0331) ( 500.00) (035-060-6127-6549-0538) ( 500.00) (035-060-6127-6549-0554) ( 125.00) (035-060-6127-6549-0584) ( 300.00) (035-060-6127-6549-0586) ( 1,500.00) (035-060-6127-6549-0129) ( 3,000.00) (035-060-6127-6549-0601) ( 450.00) (035-060-6127-6549-0602) ( 7,500.00) (035-060-6128-6449-0121) 58,875.00 (035-060-6128-6449-0123) 2,390.00 (035-060-6128-6449-0124) 3,439.00 (035-060-6128-6449-0141) 20,750.00 (035-060-6128-6449-0201) 6,405.00 (035-060-6128-6449-0202) 745.00 (035-060-6128-6449-0205) 48.00 (035-060-6128-6449-0551) 500.00 (035-060-6128-6449-0554) 130.00 (035-060-6128-6449-0583) 1,350.00 (035-060-6128-6449-0585) 1,045.00 (035-060-6128-6449-0614) 12,451.00 (035-060-6128-6449-0615) 75.00 (035-060-6128-6549-0171) (035-060-6128-6549-0172) (035-060-6128-6549-0195) (035-060-6128-6549-0201) (035-060-6128-6549-0212) (035-060-6128-6549-0331) (035-060-6128-6549-0538) (035-060-6128-6549-0554) (035-060-6128-6549-0584) (035-060-6128-6549-0586) (035-060-6128-6549-0129) (035-060-6128-6549-0601) (035-060-6128-6549-0602) (035-060-6419-6138-0381) (035-060-6422-6138-0121) (035-060-6422-6138-0201) (035-060-6422-6138-0551) (035-060-6422-6138-0614) (035-060-6422-6138-0381) (035-060-6422-6138-0382) (035-060-6422-6140-0183) (035-060-6422-6140-0201) (035-060-6422-6140-0313) (035-060-6961-6202-0313) (035-060-6961-6202-0201) (035-060-6961-6202-0583) (035-060-6961-6202-0614) (035-060-6962-6007-0121) (035-060-6962-6007-0128) (035-060-6962-6007-0201) (035-060-6962-6007-0202) (035-060-6962-6007-0205) (035-060-6962-6307-0128) (035-060-6962-6307-0129) (035-060-6962-6307-0138) (035-060-6962-6307-0151) (035-060-6962-6307-0201) (035-060-6962-6307-0202) (035-060-6962-6307-0205) (035-060-6962-6307-0212) 12,940.00 1,228.00 506.00 133.00 2,464.00 500.00 500.00 125.00 300.00 1,500.00 3,000.00 450.00 7,500.00 6,521.00 12,204.00 934.00 2,312.00 150.00 3,960.00 240.00 7,442.00 569.00 6,546.00 16,200.00 1,240.00 3,024.00 4,536.00 196,500.00 5,040.00 14,758.00 30,498.00 1,984.00 1,890.00 19,800.00 90,000.00 14,000.00 7,810.00 16,140.00 1,050.00 30,292.00 61 2 83) 84) 85) 86) 87) 88) 89) 90) 91) 92) 93) 94) 95) 96) 97) 98) 99) lOO) lOl) 102) 103) 104) 105) 106) 107) 108) 109) 11o) 111) 112) 113) 114) 115) 116) 117) 11S) 119) 120) 121) 122) 123) 124) 125) 126) 127) 128) 129) 130) 131) 132) 133) 134) 135) Printing Advertising Admin. Travel Conf. Travel Eval. Services Office Supplies Textbooks Instr. Supplies Equipment Contracted Maintenance Teachers Social security State Retire. Health Insur. State Group Life Insurance Local Travel Conf. Travel Field Trips Textbooks Director Clerical Social Security State Retire. Health Insur. State Group Life Insurance Part-time Teachers Serv. Contracts Instructional Technology Purchased Srvc. Tuition Local Travel Conf. Travel Evaluaton Inservice Library Mater. Instr. Supplies Equipment Custodian Social Security City Retirement Health Insur. State Group Life Insurance Utilities Telecommuni- cations Maint. Supplies Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Contributions Federal Grant Receipts State Grant Receipts Fees from Other Divisions (035-060-6962-6307-0351)$ (035-060-6962-6307-0361) (035-060-6962-6307-0551) (035-060-6962-6307-0554) (035-060-6962-6307-0584) (035-060-6962-6307-0601) (035-060-6962-6307-0613) (035-060-6962-6307-0614) (035-060-6962-6307-0822) (035-060-6962-6683-0331) (035-060-6963-6107-0121) (035-060-6963-6107-0201) (035-060-6963-6107-0202) (035-060-6963-6107-0128) (035-060-6963-6107-0205) (035-060-6963-6107-0551) (035-060-6963-6107-0554) (035-060-6963-6107-0583) (035-060-6963-6107-0613) (035-060-6963-6307-0114) (035-060-6963-6307-0151) (035-060-6963-6307-0201) (035-060-6963-6307-0202) (035-060-6963-6307-0128) (035-060-6963-6307-0205) (035-060-6963-6307-0321) (035-060-6963-6307-0332) (035-060-6963-6307-0351) (035-060-6963-6307-0381) (035-060-6963-6307-0382) (035-060-6963-6307-0551) (035-060-6963-6307-0554) (035-060-6963-6307-0584) (035-060-6963-6307-0129) (035-060-6963-6307-0613) (035-060-6963-6307-0614) (035-060-6963-6307-0802) (035-060-6963-6681-0192) (035-060-6963-6681-0201) (035-060-6963-6381-0203) (035-060-6963-6381-0204) (035-060-6963-6381-0205) (035-060-6963-6381-0511) (035-060-6963-6381-0523) (035-060-6963-6381-0608) (035-060-6127-1102) (035-060-6128-1102) (035-060-6419-1102) (035-060-6422-1102) (035-060-6961-1103) (035-060-6962-1102) (035-060-6963-1100) (035-060-6963-1103) 30,790.00 42,854.00 3,000.00 651.00 25,000.00 1,500.00 35,898.00 118,262.00 1,025,740.00 2,000.00 214,783.00 31,633.00 54,454.00 13,122.00 3,755.00 433.00 2,781.00 2,318.00 4,141.00 54,357.00 20,057.00 6,202.00 12,754.00 2,019.00 693.00 3,502.00 1,051.00 20,569.00 5,511.00 6,515.00 515.00 1,030.00 1,545.00 1,545.00 361.00 33,836.00 6,535.00 14,090.00 1,000.00 1,662.00 1,009.00 135.00 15,152.00 6,606.00 7,348.00 ( 139,349.00) 139,349.00 6,521.00 34,357.00 25,000.00 1,715,457.00 296,519.00 256,500.00 613 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 21st day of May, 1990. No. 30051-52190. 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 Instruction (1) ................................... Other Uses of Funds (2) ........................... $ 63,829,541.00 46,964,435.00 678,208.00 GRANT FUND Appropriations Education Governor's School 1990-91 (3) ..................... $ 17,319,860.00 746,519.00 Revenue Education $ 17,319,860.00 Governor's School 1990-91 (4) ..................... 746,519.00 1) Tuition In-State (001-060-6001-6307-0382) $(193,500.00) 2) Transfers to Grant Fund (001-060-6005-6999-0911) 193,500.00 3) Teachers (035-060-6963-6107-0121) 193,500.00 4) Local Match (035-060-6963-1101) 193,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor 614 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30052-52190. A RESOLUTION waiving the standard rental fee for use of certain City facilities for the 20th Anniversary Salute to Roanoke's Festival in the Park, 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 Roanoke Special Events Committee 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 Grand Opening Night and the Closing Night activities of Roanoke's Festival in the Park, to be sponsored by the Roanoke Special Events Committee and to grant concession rights in conjunction with such events. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Roanoke Special Events Committee shall be authorized use of Victory Stadium on May 25, 1990, for the Grand Opening Night of Roanoke's Festival in the Park and on June 3, 1990 for the Closing Night Activities with waiver of the standard rental fees for such events. 2. Such committee or its designee shall be authorized to operate con- cessions in conjunction with such event. 3. The applicant organization shall furnish a public liability and property damage insurance contracts insuring the liability of such organization with regard to such events on the dates indicated above, in the minimum amount of $1,000,000.00 per occurrence. The City shall be named as an additional insured on such policy of insurance, and a certificate of insurance reflecting such coverage shall be filed with the City Clerk prior to May 25, 1990, the Grand Opening Night of Roanoke's Festival in the Park. 4. 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. 5. 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 21st day of May, 1990. No. 30053-52190. 615 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 24, 1990 through June 3, 1990, in the minimum amount of $1,500,000 per occurrence and $2,500,000 per aggregate. 2. The City of Roanoke, its officers, agents and employees shall be named as additional insureds on such policy or policies of insurance, and a cer- tificate of insurance reflecting such coverage shall be filed with the City Clerk prior to May 24, 1990. APPROVED ATTEST: ~6~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30054-52190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Operating Contractual Services (1) .......................... Capital Outlay Other Equipment (2) ............................... $ 1,538,997.00 127,979.00 80,149.00 80,149.00 1) 2) Fees for Prof. Services (005-050-2105-2010) $ 13,500.00 Other Equipment (005-050-8600-9015) (13,500.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 616 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30055-52190. A RESOLUTION authorizing the City Manager to enter into a contract with William Caruso and Associates to provide certain concession and catering con- sulting services for operations at the Roanoke Civic Center. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk shall be authorized to execute and attest, respec- tively, in a form approved by the City Attorney, an agreement with William Caruso and Associates for the provision by such firm of consultant services to assist in the preparation and evaluation of food service bids and subsequent contract negotiations for the operation of concessions and catering services at the Roanoke Civic Center, such contract to be in a lump sum amount of $13,500.00 as more particularly set forth in the report to this Council dated May 21, 1990. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30056-52190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 Manager (1) ........................................ Management and Budget (2) ............................... City Attorney (3) ....................................... Electoral Board (4) ..................................... Treasurer (5) ........................................... Commissioner of Revenue (6) ............................. Sheriff (7) ............................................. Jail (8) ................................................ Commonwealth Attorney (9) ............................... Clerk, Circuit Court (10) ............................... General Services (11) ................................... Police - Administration (12) ............................ Police - Investigation (13) ............................. Police - Patrol (14) .................................... Police - Services (15) .................................. Fire - Administration (16) .............................. Fire - Technical Services (17) .......................... 422,962.00 390,183.00 493,345.00 166,597.00 618,775.00 780,551.00 1,215,623.00 3,569,431.00 605,285.00 824,853.00 355,797.00 169,778.00 2,151,739.00 5,838,971.00 1,462,820.00 266,448.00 224,155.00 Fire - Operations (18) .................................. $ 8,392,475.00 Fire - Training and Safety (19) ......................... 122,215.00 Emergency Services (20) ................................. 254,408.00 Emergency Medical Services (21) ......................... 653,070.00 Animal Control (22) ..................................... 226,775.00 Parks and Recreation (23) ............................... 1,238,807.00 Director, Public Works (24) ............................. 107,295.00 Building Inspections (25) ............................... 569,485.00 Communications (26) ..................................... 1,419,430.00 Refuse Collection (27) .................................. 4,194,926.00 Engineering (28) ........................................ 1,160,901.00 Building Maintenance (29) ............................... 3,193,932.00 Community Planning (30) ................................. 318,794.00 Director, Human Resources (31) .......................... 149,637.00 Juvenile Detention Home (32) ............................ 605,621.00 Outreach Detention (33) ................................. 146,168.00 Juvenile Probation House (34) ........................... 314,849.00 Crisis Intervention Center (35) ......................... 369,949.00 Social Services - Administration (36) ................... 396,116.00 Social Services - Income Maintenance (37) ............... 3,332,438.00 Social Services - Services (38) ......................... 5,160,878.00 Social Services - Employment Services (39) .............. 424,739.00 Nursing Home (40) ....................................... 1,165,991.00 Libraries (41) .......................................... 1,754,719.00 Community Education (42) ................................ 39,798.00 Circuit Court (43) ...................................... 129,745.00 Personnel Lapse (44) .................................... -O- Contingency - General Fund (45) ......................... 76,603.00 Revenue Treasurer (46) .......................................... Commissioner of Revenue (47) ............................ Sheriff (48) ............................................ Jail {49) ............................................... Commonwealth Attorney {50) .............................. PA Administration and Staff Development (51) ............ Employment Services (52) ................................ $ 247,484.00 206,024.00 1,036,357.00 3,284,230.00 447,816.00 3,364,995.00 342,622.00 617 INTERNAL SERVICE FUND Appropriations Materials Control (53) .................................. City Information Systems (54) ........................... Utility Line Services (55) .............................. Personnel Lapse (56) .................................... Contingency - Internal Service Fund (57) ................ $ 156,143.00 2,834,411.00 2,890,893.00 -0- 102,725.00 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) Regul ar Employee Salaries Regul ar Employee Salaries Regul ar Employee Sal aries Regul ar Employee Salaries Regul ar Employee Salaries Regular Employee Salaries Re§ul ar Employee Salaries Regul ar Employee Salaries Regul ar Employee Salaries Regul ar Employee Salaries Regul ar Employee Salaries (001-002-1211-1002) (001-002-1212-1002) (001-003-1220-1002) (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) $(7,500.00) 10,500.00 (1,950.00) (3,325.00) (3,700.00) (6,875.00) 1,475.00 (8,375.00) (6,450.00) (1,100.00) (17,825.00) 618 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) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul Sal Regul ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee ar~es ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee aries ar Employee ar~es ar Employee aries ar Employee Salaries Personnel Lapse Contingency Treasurer Commissioner of Revenue Sheriff Jail Commonweal th Attorney (001-050-3111-1002) (001-050-3112-1002) (001-050-3113-1002) (001-050-3114-1002) (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) (001-050-7110-1002) (001-052-1280-1002) (001-052-3410-1002) (001-052-4130-1002) (001-052-4210-1002) (001-052-4310-1002) (001-052-4330-1002) (001-052-8110-1002) (001-054-1270-1002) (001-054-3320-1002) (001-054-3330-1002) (001-054-3350-1002) (001-054-3360-1002) (001-054-5311-1002) (001-054-5313-1002) (001-054-5314-1002) (001-054-5316-1002) (001-054-5340-1002) (001-054-7310-1002) (001-054-8170-1002) (001-072-2110-1002) (001-002-9410-1090) (001-002-9410-2199) (001-020-1234-0613) (001-020-1234-0612) (001-020-1234-0611) (001-020-1234-0651) (001-020-1234-0610) $ 12,200.00 173,175.00 (34,975.00) (162,500.00) ( 730.00) 730.00 (31,950.00) 5,875.00 (15,000.00) (5,300.00) 775.00 (15,325.00) 550.00 (2,900.00) (4,500.00) (28,425.00) (26,125.00) (10,000.00) (11,800.00) ( 925.00) 3,850.00 ( 675.00) 2,600.00 (8,70.00) (5,575.00) (27,200.00) (33,975.00) (12,825.00) ( 825.00) (14,875.00) 425.00 ( 829.OO) 205,995.00 13,246.00 (1,850.00) (3,438.00) 1,475.00 (8,375.00) (3,225.00) 619 51) PA Administration & Staff Devel. (001-020-1234-0676) $(53,400.00) 52) Employ. Services (001-020-1234-0681) (12,825.00) 53) Re§ular Employee Salaries (006-050-1613-1002) ( 1,800.00) 54) Regular Employee Salaries (006-050-1601-1002) (33,600.00) 55) Regular Employee Salaries (006-056-2625-1002) (30,100.00) 56) Personnel Lapse (006-002-9411-1090) 20,100.00 57) Contingency (006-002-9411-2199) 45,400.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: p~~_._. City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 1990. No. 30057-52190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works Refuse Collection (1-3) ........................... Building Maintenance (4) .......................... Snow Removal (5-7) ................................ Street Paving (8) ................................. Public Safety Jail (9) .......................................... Non-Departmental Contingency - General Fund (10) ................... Miscellaneous (11) ................................ Residual Fringe Benefits (12-13) .................. $ 19,682,693.00 4,191,421.00 3,183,932.00 172,925.00 1,800,526.00 25,716,992.00 3,567,806.00 15,025,982.00 38,357.00 163,056.00 1,360,951.00 1) Vehicular Equip. 2) Other Equipment 3) Fees for Prof. Services 4) Electricity 5) Overtime 6) Expend. Equipment 7) Motor Fuels 8) Fees for Prof. Services 9) Recovered Costs 10) Maintenance of Fixed Assets (001-052-4210-9010) $( 5,000.00) (001-052-4210-9015) ( 6,930.00) (001-052-4210-2010) (001-052-4330-2022) (001-052-4140-1003) (001-052-4140-2035) (001-052-4140-2038) (001-052-4120-2010) (001-024-3310-8005) (001-002-9410-2201) (20,000.00) (20,000.00) (9,070.00) (2,00o.oo) (3,000.00) 261,000.00 10,000.00 (25,000.00) 620 11) Mi sc. Refunds 12) W/C - Medical 13) W/C - Wages (001-004-9140-2170) (001-004-9110-1140) (001-004-9110-1135) $(40,000.00) (80,000.00) (40,000.00) 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 21st day of May, 1990. No. 30058-52190. AN ORDINANCE accepting the bid of Virginia Asphalt Paving Co., Incorporated, for bituminous concrete overlays and pavement profiling of various streets within the City of Roanoke, 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 Virginia Asphalt Paving Co., Incorporated, in the total amount of $901,532.60, for bituminous concrete overlays and pavement profiling of various streets within the City of Roanoke, 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, as more particularly set forth in the report to this Council dated May 21, 1990. 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 there- for 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1990. No. 30061-52990. 621 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Crisis Intervention (1) ........................... Juvenile Probation House (2) ....................... Juvenile Detention Home (3) ........................ $25,733,328.00 381,205.00 313,277.00 608,223.00 REVENUE Grants-i n-Ai d Commonweal th Other Categorical Aid (4-6) ........................ $52,184,273.00 13,177,632.00 1) USDA - Expenditures (001-054-3360-3000) $2,556.00 2) USDA - Expenditures (001-054-3350-3000) 1,028.00 3) USDA - Expenditures (001-054-3320-3000) 6,452.00 4) USDA - Crisis Intervention (001-020-1234-0661) 2,556.00 5) USDA - Youth Haven (001-020-1234-0662) 1,028.00 6) USDA - Juv. Detention (001-020-1234-0660) 6,452.00 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 29th day of May, 1990. No. 30062-52990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay from Revenue $ 327,121.00 Asbestos Abatement for Civic Center Auditorium (1).. 76,600.00 622 RETAINED EARNINGS 1) Appr. from General Revenue 2) Retained Earnings - Unrestricted (005-050-8628-9003) (005-3336) $ 76,600.00 (76,600.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 2~ · City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1990. No. 30063-52990. A RESOLUTION authorizing the execution of a contract with Dewberry & Davis, to provide certain professional services in connection with asbestos abatement in the Roanoke Civic Center Auditorium in the area of public occupancy surrounding the auditorium; and providing for an emergency. 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 professional services in connection with asbestos abatement in the Roanoke Civic Center Auditorium in the area of public occupancy surrounding auditorium, as more particularly set forth in the May 29, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $76,600.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: _~0~,,~ _ City C1 erk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1990. No. 30064-529g0. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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. 623 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $5,802,472.00 Conference Center (1) .............................. 30,000.00 FUND BALANCE Reserved Fund Balance - Unappropriated (2) .............. $ -0- 1) Appr. from General Revenue (008-002-9653-9003) $ 30,000.00 2) Reserved Fund Balance - Unappropriated (008-3325) (30,000.00) 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 29th day of May, 1990. No. 30065-52990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS City Manager(i) ......................................... $ Office of Management and Budget (2) ..................... Economic Development and Grants (3) ..................... Director of Finance (4) ................................. Billings and Collections (5) ............................ Municipal Auditing (6) .................................. City Treasurer (7) ...................................... Commissioner of Revenue (8) ............................. Real Estate Valuation (9) ............................... Jail (10) ............................................... Clerk of Circuit Court (11) ............................. General Services (12) ................................... Personnel Management (13) ............................... Police Services (14) .................................... Fire Administration (15) ................................ Emergency Services (16) ................................. Parks and Recreation (17) ............................... Building Inspections (18) ............................... Communications (19) ..................................... Engineering (20) ........................................ Director of Human Resources (21) ........................ Social Services - Administration (22) ................... Libraries (23) .......................................... 430,172.00 370,883.00 300,441.00 1,427,415.00 841,691.00 418,210.00 619,675.00 661,426.00 666,385.00 3,688,196.00 824,103.00 374,822.00 598,795.00 1,584,220.00 266,278.00 281,408.00 1,306,132.00 625,885.00 1,415,130.00 1,195,026.00 151,012.00 373,791.00 1,670,594.00 624 1) City Information Systems 2) City Information Systems 3) City Information Systems 4) City Information Systems 5) City Information Systems 6) City Information Systems 7) City Information Systems 8) City Information Systems 9) City Information Systems 10) City Information Systems 11) City Information Sy stems 12) City Information Systems 13) City Information Systems 14) City Information Systems 15) City Information Systems 16) City Information Systems 17) City Information Systems 18) City Information Systems 19) City Information Systems 20) City Information Systems 21) City Information Systems 22) City Information Systems 23) City Information Systems (001-002-1211-7005) (001-002-1212-7005) (001-002-8120-7005) (001-004-1231-7005) (001-004-1232-7005) (001-005-1240-7005) (001-020-1234-7005) (001-022-1233-7005) (001-023-1235-7005) (001-024-3310-7005) (001-028-2111-7005) (001-050-1237-7005) (001-050-1261-7005) (001-050-3114-7005) (001-050-3211-7005) (001-050-3520-7005) (001-050-7110-7005) (001-052-3410-7005) (001-052-4130-7005) (001-052-4310-7005) (001-054-1270-7005) (001-054-5311-7005) (001-054-7310-7005) $( 290.00) (8,800.00) 1,900.00 49,000.00 59,000.00 (29,500.00) (2,800.00) (126,000.00) 6,000.00 110,390.00 (1,850.00) 1,200.00 (6,500.00) (41,100.00) ( 900.00) 12,000.00 52,000.00 53,500.00 (8,800.00) 8,000.00 450.00 (27,900.00) (99,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1990. No. 30066-52990. 625 AN ORDINANCE to amend and reordain §21-65, Bingo games and raffles conducted under this article of the Code of the City of Roanoke (1979), as amended and to add new §21-66, Bingo games and raffles - definitions; §21-67, Annual ermit required; application and processing fee form of application- §21-68, Requirement of issuance of permit; where valid; duration; permits sub- ject to regulation; §21-69, Limitation on frequency and duration of conducting bingo games; §21-70, Instant bingo; §21-71, Reports of gross receipts and dis- bursements required; form of reports; failure to file; certificate of compliance; right of entry upon premises; records; independent accounting pro- cedure; §21-73, Prohibited practices; §21-74, Denial, suspension or revocation of permit; penalties; 921-75, Enforcement of article; injunctive relief; 921-76, Hearings and appeals; §21-77~ Joint operation of bingo games; restric- tions; special permit required; and §21.77.1, Only raffles, bingo and instant bingo games permitted; to provide for the regulation of bingo and raffle games in the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-65 of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §21-65. Bingo games and raffles conducted under this article. Nothing in §§21-56 through 21-62 shall apply to any bingo game or raffle conducted in accordance with the terms and provisions of §21-66, et seq. of this code. 2. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following sections: §21-66. Bingo games and raffles - definitions: The following words shall have the following meanings: (a) "Bingo" means a specific game of chance played with individual cards having randomly numbered squares ranging from one to seventy-five, in which prizes are awarded on the basis of designated num- bers on such cards conforming to a predetermined pattern of numbers selected at random. Such cards shall have five vertical rows headed respectively by the letters B.I.N.G.O., with each row having five randomly numbered squares. (b) "Building" means a structure located on a single lot enclosed by a continuous exterior wall regardless of the configuration of the interior wal 1 s. (c) "Calendar day" means the period of twenty-four consecutive hours commencing at 12:01 a.m. and concluding the following 12:01 a.m. (d) "Calendar week" means the period of seven con- secutive calendar days (as defined above) com- mencing at 12:01 a.m. on Sunday and ending at 12:01 a.m. the following Sunday. (e) "Instant Bingo" means a specific game of chance played by the random selection of one or more individually prepacked cards, with winners being determined by the preprinted appearance of the letters B.I.N.G.O. in any prescribed order on the reverse side of such card. 626 (f) "Jackpot" means a bingo card played as a part of a bingo game defined in §21-66 (a) in which all numbers on the card are covered, each number being selected at random, and with no free or "wild" numbers. (g) "Organization" means any one of the following: (1) A voluntary rescue squad or auxi- liary unit thereof which has been recognized by an ordinance or resolution of City Council as being a part of the safety program of the City; (2) An organization operated exclusively for religious, charitable, community or educational purposes; (3) Association of war veterans or auxi- liary units thereof organized in the United States; or (4) A fraternal association operating under the lodge system. (h) "Raffle" means a lottery in which the prize is won by a random drawing of the name or prearranged number of one or more persons purchasing chances; provided, however, nothing in this article shall prohibit an organization from using the State Lottery Department's Pick-3 number as the basis for determining the winner of a lottery. §21-67. Annual permit required; application and processing fee, form of application. Prior to the commencement of any bingo game or raffle by any organization as defined in this article, the organization shall obtain an annual permit from the Director of Finance. The permit shall only be granted after a reasonable investi- gation has been conducted by the Director of Finance or his authorized designee to determine that the organization is qualified and that the requirements of this chapter have been met. The application and processing fees shall be a total of two hundred dollars ($200.00). Application for the permit shall be accompanied by a check in the amount of the application and processing fee payable to the Treasurer. Application for an annual permit shall be made on a form pro- vided by the Director of Finance. No permit shall be issued without all the information required by the form prescribed by the Director of Finance. The form must be signed by all appropriate parties in the presence of the Director of Finance or his designee. The application shall be a matter of public record. §21-68. Requirement of issuance of permit; where valid; duration; permits subject to regulation. (a) Prior to the issuance of any permit, the applicant organization shall meet each of the following requirements: (1) Except for recently established volunteer rescue companies or depart- ments, as defined in this article, the organization shall have been existence and met on a regular basis in the City for at least two years immediately prior to applying for a permit. However, this requirement shall not apply (i) to any lodge or chapter of a national or inter- national fraternal order or a national or international 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 spon- sored activities to booster clubs which have been operating for less than two years, in public schools which are less than two years old. (2) A permit shall be valid only in the City and only at the locations designated in the permit application. However, a permit may be issued to an organization which relocates its meeting place on a permanent basis from one jurisdiction to another and complies with the require- ments of subsection (1) of this section and provided further that the organiza- tion was the holder of a valid permit at the time of its relocation. An organiza- tion which has obtained a permit under this article to conduct a raffle may sell raffle tickets both in and out of the City. (3) -The organization shall be operating as a nonprofit organization and shall have always been operated in the past as a nonprofit organization and shall have been in existence as a nonprofit organi- zation for a period of at least two years immediately prior to seeking a permit as hereinafter provided. {4) Any organization whose gross receipts from all bingo operations exceed or can be expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to §501 (c) of the United States Internal Revenue Code. (5) Any organization which rents or leases property for the purpose of con- ducting bingo games must, as a condition of obtaining a permit, obtain as part of their lease permission of the owner of the rental property to the Director of Finance or his designee, or any law enforcement officer to enter the property for an inspection of records and/or to monitor the conduct of the bingo game or raffle pursuant to §21-71. 627 8 (6) An organization shall designate an individual who shall be responsible for filing the annual or quarterly financial report required by this article if the organization goes out of business or otherwise ceases to exist. If annual gross receipts at the time of the organi- zation ceasing to exist or going out of business exceed $200,000, then this indi- vidual shall be responsible for attaching the report of an independant certified public accountant as required in §21-71 (d). (b) All permits shall be issued on a calendar basis and unless otherwise provided shall be valid for one calendar year beginning on January 1. All applications for a permit shall be acted upon by the Director of Finance within 60 days from the filing thereof. (c) Upon completion of the application investiga- tion and compliance with this article, and at the discretion of the Director of Finance, an annual permit shall be issued. (d) The Director of Finance is authorized to issue regulations, which are not in conflict with State or City Code, to ensure the public safety, and welfare in the operation of bingo games or raffles. §21-69. Limitation on frequency and duration of conducting bi ngo 9ames. (a) No organization shall hold bingo games more frequently than two calendar days in any one calen- dar week as defined in §21-66, and further no orga- nization shall hold bingo games between the hours of 12:01 a.m. and 6:00 a.m. on a calendar day as defined in §21-66. (b) A special permit may be granted at the discre- tion of the Director of Finance which entitles an organization to conduct more frequent operations during carnivals, fairs and other similar events at its principal meeting place or any other site selected by such organization, which is located in the City and which is not in violation of any local zoning ordinance. §21-70. "Instant bingo". (a) Any organization qualified to conduct bingo games pursuant to the provisions of this article shall be authorized to conduct "instant bingo" as a part of such bingo game and only at such location and at such times as are specified in the bingo application permit for regular bingo games as defined in §21-66. (b) The gross receipts in the course of a reporting year from the playing of "instant bingo" shall not exceed thirty-three and one-third percent of the gross receipts of an organization's bingo operation. (c) Any organization playing "instant bingo" shall maintain a record of the date, quantity and card value of instant bingo supplies purchased as well as the name and address of the supplier of such instant bingo supplies. The organization shall also maintain a written invoice or receipt from a nonmember of the organization verifying any infor- mation required by this subsection. (d) No organization shall sell an "instant bingo" card to any individual below sixteen years of age. §21-71. Reports of gross receipts and disbursements required; form of reports; failure to file; cer- tificate of compliance; right of entry upon premi- ses; records; independent accounting procedure. (a) Complete records of all receipts and disbur- sements shall be kept by the individual designated on the permit application and shall be filed annually under oath with the Director of Finance. The annual or quarterly financial report and other items required to be filed under this section shall be a matter of public record. All accountings shall be made on or before December i of each calendar year for which a permit has been issued. The accounting shall include a record of the gross receipts and disbursements of an organization for the year period which commenced on October I of the previous year and a record of all money in the possession of the organization that was derived from bingo or instant bingo, regardless of when the money was received. However, any organization whose gross receipts exceed $50,000 during any calendar quarter shall be required to file an addi- tional accounting of its receipts and disbursements during such quarter no later than sixty days following the last day of the quarter. "Gross receipts," as used in this section, shall mean the total amount of money received from bingo and "instant bingo" operations before the deduction of expenses or prizes. (b) All reports of receipts and disbursements shall be made on a form prescribed by the Director of Finance and acknowledged in the presence of a duly authorized notary public. The failure to file reports when due shall cause the automatic revoca- tion of the permit, and no organization shall con- duct any bingo game or raffle thereafter until the report is properly filed and a new permit is obtained, including payment of application and pro- cessing fee. (c) The financial report shall be accompanied by a certificate, verified under oath, by the Board of Directors that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with the provisions of this article. 629 6.3 0 (d) Any organization having annual gross receipts from bingo games or raffles in excess of $200,000 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 educa- tional purposes for which the organization is spe- cifically 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 independent certified public accountant, when required, shall cause the automatic revocation of the permit and no organization shall conduct any bingo games 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 §21-72. (e) Notwithstanding the provisions of this article requiring an annual audit, the provisions of this Section shall not be construed to prohibit the Director of Finance or his designee from performing unannounced audits or restrict any right of such official to secure records required to be main- tained by the provisions of this article. Any such official shall have the authority to go upon the premises on which any organization is conducting a bingo game for the purpose of carrying out the duties imposed by this article including obser- vation of the conduct of games. The application for the bingo permit shall constitute permission from, and authority granted by, such organization as well as the owner or lessee of the premises on which bingo is to be played to any law enforcement officer, the Director of Finance and or his designee to enter upon such premises. Denial of access to the premises by the organization, the building owner or any party shall result in the automatic revocation of a permit. (f) The organization shall maintain a written record for three years of the dates on which bingo is played, the number of people in attendance on each date and the amount of the receipts and prizes paid on each day. The organization shall also maintain a record of the name and address of each individual to whom a door prize, regular or special bingo game prize or jackpot from the playing of bingo is awarded, as well as the amount of the award. The organization playing bingo shall also maintain an itemized record of all receipts and disbursements, including operating costs and use of proceeds incurred in operating bingo games. {g) All records required to be maintained by this section shall be kept at the site at which bingo is played as set forth in the permit or at the organi- zation's local address as listed on the applica- tion. All records shall be made available to inspection immediately upon the request of the Director of Finance or his designee. Each organi- zation shall designate a member on the application form to be responsible for providing access to these records. §21-73 Prohibited practices. In addition to those other practices prohibited by this article, the following acts or practices shall also be prohi- bited under the provisions of this article: (a) No organization shall enter into a contract with, or otherwise employ for compensation any per- son, firm, association, organization, partnership, or corporation of any classification whatsoever for the purpose of organizing, managing, or conducting bingo games or raffles. However, this subsection shall not prohibit the joint operation of bingo games under §21-77. (b) No person, firm association, organization, partnership, or corporation shall pay or receive for use of any premises devoted, in whole or in part, to the conduct of bingo games or raffles any consideration in excess of the current fair market rental value of such property. For purposes of this article, no fair market rental value con- sideration shall be based upon or determined by reference to a percentage of the proceeds derived from the operation of bingo games or raffles nor shall such consideration be based upon or deter- mined by any reference to the number of people in attendance at such bingo games or raffles. Each day in violation of this subsection shall consti- tute a separate Class i misdemeanor as set forth in §21-74 (b). (c) No building or other premises shall be uti- lized in whole or in part for the purpose of con- ducting bingo games more frequently than two calendar days in any one calendar week as defined by §21-66 except as follows: (1) The provisions of this subsection shall not apply to the playing of bingo pursuant to a special permit issued in accordance with §21-69 (b). (2) No building or other premises owned by an organization as defined by §21-71 of this article and qualified as a tax- exempt organization pursuant to §501 (c) of the Internal Revenue Code shall be utilized in whole or in part for the pur- pose of conducting bingo games more fre- quently than four calendar days in any one calendar week. (d) No person except a bona fide member of an organization defined by §21-66 who has been a member reflected on the organization's list of mem- bers filed with the Director of Finance for at least ninety days prior to such participation, or the spouse of such listed member if a listed member is present, shall participate in the management, operation or conduct of any bingo game or raffle. No person shall receive any remuneration for par- ticipating in the management, operation or conduct of any such game or raffle except that person eighteen years of age and under who sell raffle tickets to raise funds for youth activities in which they participate may receive nonmonetary incentive awards or prizes from the organization provided that or§anization is nonprofit. 631 6 3 2 (e) No organization shall enter into any contract with or otherwise employ or compensate any member of that organization regarding the sale of bingo supplies or equipment. (f) No organization shall award any bingo prize money or any merchandise valued in excess of the following amounts: (i) no bingo door prize shall exceed $25, (ii) no regular bingo or special bingo game shall award a prize in excess of $100 and (iii) no bingo jackpot of any nature whatsoever shall exceed $1,000, nor shall the total amount of bingo jackpot prizes awarded in any one calendar day exceed $1,000. (g) Except as provided herein, no organization shall award any raffle prize or prizes valued at more than $100,000 during any calendar year. The $100,000 limitation shall not apply to a raffle conducted no more than once percalendar year by an organization qualified as a tax-exempt organization pursuant to §501 (c) (3) of the Internal Revenue Code for a prize consisting of a lot improved by a residential dwelling where 100 percent of the moneys received from such raffle, less deductions for the fair market value for the cost of acquisi- tion of the land and materials, are donated to lawful religious, charitable, community, or educa- tional organizations specifically chartered or organized under the laws of the Commonwealth and qualified as a §501 (c) (3) tax-exempt organiza- tion. (h) Any bingo game in which all the gross receipts from players for that game are paid back to the players as prize money shall not be subject to the limitations of subsection (f) of this section, but there shall not be more than one such game per calendar day of play as defined in §21-66 and the prize money from any such game shall not exceed $1,000. (i) No person shall participate in the operation of bingo games for more than one organization in any one calendar year. A calendar year shall run from January 1 thru December 31. (j) The sponsoring organization shall accept only cash or, at its option, checks in payment of any charges or assessments for players to participate in bingo games. (k) The award of any prize money for any bingo or raffle shall not be deemed to be part of any gaming contract within the purview of Section 11-14, Code of Virginia (1950), as amended. §21-74. Denial, suspension or revocation of permit; penalties. (a) The Director of Finance may deny, suspend or revoke the permit of any organization found not to be in strict compliance with the provisions of this article. (b) Any person violating the provisions of §21-66 thru §21-77.1 shall be guilty of a Class i mis- demeanor. §21-75. Enforcement of article; injunctive relief. In the event that any person violates the provisions of this article, then the Commonwealth's Attorney or the City Attorney may, in addition to the foregoing criminal penalties, apply to the appropriate circuit court for an injunction restraining the continued operation of bingo games or raffles or any aspect thereof. §21-76. Hearings and appeals. Unless automatic revocation is required by ordinance, no per- mit to conduct bingo games or raffles shall be denied, suspended or revoked except upon notice stating the proposed basis for such action and the time and place for a hearing before the Director of Finance thereon. Where a permit is automatically revoked, the organization may request a hearing with the Director of Finance. After a hearing, the Director of Finance may refuse to issue or may suspend or revoke any such permit if he determines that the organization has not complied with the provisions of this article. Any organiza- tion aggrieved by the decision of the Director of Finance may appeal such decision to the circuit court. §21-77. Joint operation of bingo games; restrictions; special permit required. (a) Two qualified organizations as defined in this article may jointly organize and conduct bingo games provided both have been issued a permit under the provisions of §21-67 and provided both fully comply with all other provisions of this article. (b) Any two qualified organizations jointly con- ducting bingo games shall be subject to the same restrictions and prohibitions contained in this article that would apply to a single organization conducting bingo games. Organizations jointly con- ducting bingo games shall not circumvent any restrictions and prohibitions which would otherwise apply if a single organization were conducting such games. These restrictions and prohibitions shall include, but not be limited to, the frequency with which bingo games may be held, the value of merchandise or money awarded as prizes, and all other practices prohibited under §21-73 and Section 18.2-340.9 A, Code of Virginia (1950), as amended. (c) Any two qualified organizations which wish to jointly conduct one or more bingo games shall fur- nish to the Director of Finance a written report setting forth the division of manpower, costs, and proceeds for each game to be jointly conducted. Upon a finding that the division of manpower and costs for each game bears a reasonable relationship to the division of proceeds, the Director of Finance shall issue a special permit for the joint conduct of all approved bingo games. No bingo game may be jointly conducted until this special permit is obtained by the organization involved for that bingo game. §21-77.1. Only raffles, bingo and instant bingo games permitted. This article permits organizations to conduct raffles, bingo and instant bingo games. All games not explicitly authorized by this article are prohibited. 633 634 3. All bingo and raffle permits issued prior to the effective date of this ordinance shall continue in effect until December 31, 1990; provided, however, that each such organization shall comply with the terms and provisions of this ordinance. 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 4th day of June, 1990. No. 30059-60490. AN ORDINANCE granting to Virginia Amateur Sports, Incorporated, a revo- cable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. WHEREAS, Virginia Amateur Sports, Incorporated (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 Robert S. Hartman, Games Director, dated April 13, 1990; 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 per- mittee's request being more particularly described in the letter dated April 13, 1990, from Robert S. Hartman, Games Director, Virginia Amateur Sports, Incorpo- rated, 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 midnight on July 8, 1990. 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 Virginia Amateur Sports, Incorporated, has been filed in the Office of the City Clerk. ATTEST: City Clerk APPROVED Vice-Mayor 635 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30060-60490. AN ORDINANCE providing for the release of the City's interest in an abandoned private road off of Colonial Avenue, S. W., 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 quitclaim deed of conveyance releasing whatever interest the City may have in an abandoned private road off of Colonial Avenue, S. W., to Mr. and Mrs. Troy E. Goad, as more particularly set forth in the report to this Council dated May 29, 1990. ATTEST: APPROVED City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30067-60490. A RESOLUTION memorializing the late PERCY T. KEELING, SR. WHEREAS, this Council has learned, with sorrow, of the passing of Percy T. Keeling, Sr., on May 27, 1990; WHEREAS, Mr. Keeling, a Roanoke native, attended Lucy Addision High School and thereafter graduated from Shaw University; WHEREAS, Mr. Keeling was appointed Youth Director at the Hunton YMCA in 1954, and four years later he was appointed Executive Director of the Hunton YMCA, serving in this capacity for thirty years and working with three genera- tions of Roanoke youth, WHEREAS, Mr. Keeling served this City and its people as a member of the Roanoke Redevelopment and Housing Authority since 1984, a member of the Henry Street Revival Committee since 1984, and a member of the Revenue Study Commission since 1971; WHEREAS, Mr. Keeling gave unselfishly of his time and ability and will be remembered as an energetic community leader who served this City and its people with integrity, dedication and loyalty; and '6.'3 6 WHEREAS, this Council desires to take special note of his passing and to pay respect to this community leader; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as fol 1 ows: 1. City Council adopts this means of recording its deepest regrets at the passing of Percy T. Keeling, Sr., and extends to Mrs. Barbara Otey Keeling, his wife, and their children the sympathy of this Council and that of the citi- zens of this City whom he faithfully served. 2. The City Clerk is directed to forward an attested copy of this Resolution to Mrs. Keeling. APPROVED ATTEST: _~~ City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30068-60490. AN ORDINANCE approving the opening and grading of a portion of unopened right-of-way to provide for the extension of Pineland Road, S. W., upon certain terms and conditions, and appointing an officer of the City to ascertain whether such grading will damage abutting properties; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The opening and grading by a developer of a portion of unopened right-of-way to provide for the extension of Pineland Road, S. W., be and is hereby deemed desirable and is hereby approved, contingent upon the following: (1) that the plans relating to the grading be approved by the City Engineer; (2) that the right-of-way be graded to City standards; (3) that the developer indem- nify the City for damages, if any, arising out of the opening and grading, including but not limited to damages ascertained by the City Engineer pursuant to Section 15.1-368 of the Code of Virginia (1950), as amended; and (4) that the developer obtain a street opening permit and post a performance and payment bond to ensure that the opening and grading is completed consistent with the approved plans. 2. Pursuant to Section 15.1-368 of the Code of Virginia (1950), as amended, the City Engineer is hereby designated and directed to proceed by per- sonal inspection of all of the premises likely to be affected by such grading to ascertain what damages, if any, would accrue to the owners of any properties so likely to be affected and to take any other necessary or appropriate action con- sistent with legal requirements. 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30069-60490. A RESOLUTION urging that certain solid waste regulations promulgated by the Commonwealth of Virginia be amended to exempt composting of natural grass and wood products from the formal permit application process. WHEREAS, the City of Roanoke, Virginia, is attempting to comply with the Commonwealth of Virginia, Department of Waste Management, Solid Waste Management Regulations VR672-20-10; and WHEREAS, the only authorized alternative to burning is to landfill grass clippings, leaves, tree trimmings, construction lumber, brush and tree stumps and other natural organic material; and WHEREAS, this aforesaid material is all biodegradeable, represents a significant portion of the solid waste stream, and if properly composted would decompose, creating no environmentally harmful side effects while contributing to recycling and conserving much needed space in the landfill; and WHEREAS, the new solid waste regulations, while environmentally sound, impose a drastic financial burden on the citizenry of the Commonwealth in the form of tax and/or landfill tipping fees to cover the cost of the new regula- tions. NOW, THEREFORE, BE IT RESOLVED that this Council hereby requests that the said regulations be amended to permit the composting at landfill sites of grass clippings, leaves, tree trimmings, construction lumber, brush and tree stumps, thus promoting the recycling of natural biodegradeable grass and tree products with the resultant conservation of landfill space. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to Senator J. Granger Macfarlane, Delegates Clifton A. Woodrum, III, and A. Victor Thomas, and the proper officials at the Department of Waste Management urging their support for this change to the current regula- tions. ATTEST: APPROVED City Clerk Vice-Mayor 637 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30071-60490. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Fifth District Employment & Training Consortium - FYgl Title IIA (1) .................................... Fifth District Employment & Training Consortium - FY90 Title IIA (2-3) .................................. Title IIB- Summer Youth (4-17) .................. Veterans Grant (18-28) ........................... $ 60,944.00 60,944.00 1,911,872.00 1,093,053.00 474,127.00 34,867.00 638 Fifth District Employment & Training Consortium - FY89 Title IIB- Summer Youth (29-40) ................. Title IIA (41-66) ................................ REVENUE Fifth Distr.ict Employment & Training Consortium - FY91 Title IIA (67-68) ................................ Fifth District Employment & Training Consortium - FY90 Title IIA (69-72) ................................ Title IIB- Summer Youth (73-74) ................. Veterans Grant (75) .............................. Fifth District Employment & Training Consortium - FY89 Title IIB- Summer Youth (76-77) ................. Title IIA (78-79) ................................ $ 60,944.00 60,944.00 1,911,872.00 1,093,053.00 474,127.00 34,867.00 2,045,233.00 460,330.00 1,184,078.00 $2,045,233.00 460,330.00 1,184,078.00 1) Funding Authority (034-054-9161-9999) $ 60,944.00 2) Funding Authority (034-054-9061-9990) 126,756.00 3) Funding Authority (034-054-9061-9999) ( 60,944.00) 4) Wages (034-054-9065-8010) 62,050.00 5) Fringes (034-054-9065-8011) 9,001.00 6) Travel (034-054-9065-8012) 500.00 7) Communications (034-054-9065-8013) 1,000.00 8) Utilities (034-054-9065-8014) 750.00 9) Supplies (034-054-9065-8015) 800.00 10) Insurance (034-054-9065-8016) 1,500.00 11) Contr. Services (034-054-9065-8010) 5,000.00 12) Wages (034-054-9065-8050) 15,381.00 13) Fringes (034-054-9065-8051) 1,974.00 14) Travel (034-054-9065-8052) 1,000.00 15) Communications (034-054-9065-8053) 1,100.00 16) Supplies (034-054-9065-8055) 1,200.00 17) Funding Authority (034-054-9065-9999) 372,871.00 18) Wages (034-054-9068-8010) 5,854.00 19) Fringes (034-054-9068-8011) 509.00 20) Communications (034-054-9068-8013) 120.00 21) Supplies (034-054-9068-8015) 60.00 22) Contr. Services (034-054-9068-8021) 350.00 23) Wages (034-054-9068-8050) 9,053.00 24) Fringes (034-054-9068-8051) 1,207.00 25) Travel (034-054-9068-8052) 288.00 26) Communications (034-054-9068-8053) 100.00 27) Supplies (034-054-9068-8055) 270.00 28) Funding Authority (034-054-9068-9999) 17,056.00 29) Wages (034-054-8965-8010) ( 6,873.00) 30) Fringes (034-054-8965-8011) ( 1,752.00) 31) Travel (034-054-8965-8012) ( 104.00) 32) Communications (034-054-8965-8013) ( 1,121.00) 33) Supplies (034-054-8965-8015) ( 606.00) 34) Insurance (034-054-8965-8016) ( 46.00) 35) Contr. Services (034-054-8965-8017) ( 3,113.00) 36) Leases (034-054-8965-8018) ( 750.00) 37) Rke. City Schools (034-054-8965-8230) ( 3,036.00) 38) Dabney Lancaster (034-054-8965-8232) ( 934.00) 39) TAP (034-054-8965-8233) ( 8,113.00) 40) Scheneman and Spencer (034-054-8965-8270) ( 2,533.00) 41) Wages (034-054-8961-8050) ( 12,859.00) 42) Travel (034-054-8961-8052) ( 1,557.00) 43) Communications (034-054-8961-8053) ( 249.00) 44) Supplies (034-054-8961-8055) ( 1,636.00) 45) Leases (034-054-8961-8058) ( 1,149.00) 46) Equipment (034-054-8961-8059) ( 421.00) 47) Wages (034-054-8961-8030) ( 804.00) 48) Fringes (034-054-8961-8031) ( 80.00) 49) Travel (034-054-8961-8032) ( 25.00) 50) Communications (034-054-8961-8033) ( 71.00) 51) ITT (034-054-8961-8139) ( 54.00) 52) Necessary Trading Company (034-054-8961-8143) ( 102.00) 639 53) Alcatel (034-054-8961-8144) $( 4,038.00) 54) Footlevelers (034-054-8961-8162) ( 195.00) 55) Tweeds (034-054-8961-8167) ( 6,579.00) 56) Research Excellence (034-054-8961-8169) ( 24,000.00) 57) Starco Corp. (034-054-8961-8204) ( 1,148.00) 58) Roanoke Dye and Finishing (034-054-8961-8207) ( 479,00) 59) DSLCC - Youth (034-054-8961-8150) ( 4,347.00) 60) TAP - Project Success (034-054-8961-8152) ( 8,370.00) 61) Rke. Co. Schools (034-054-8961-8153) ( 4,096.00) 62) Sheneman and Spencer (034-054-8961-8154) ( 8,602.00) 63) Rke. City Schools (034-054-8961-8159) ( 8,169.00) 64) DSLCC - Adult (034-054-8961-8170) ( 4,281.00) 65) VWCC (034-054-8961-8171) ( 8,322.00) 66) TAP (034-054-8961-8172) ( 7,667.00) 67) Incentive Admin. Revenue (034-034-1234-9171) 18,283.00 68) Incentive Program Revenue (034-034-1234-9172) 42,661.00 69) Title IIA Admin. Revenue (034-034-1234-9060) 3,301.00 70) Title IIA Training Revenue (034-034-1234-9061) 123,455.00 71) Incentive Admin. Revenue (034-034-1234-9071) ( 18,283.00) 72) Incentive Program Revenue (034-034-1234-9072) ( 42,661.00) 73) Title IIA Admin. Revenue (034-034-1234-9078) 81,137.00 74) Title IIA Training Revenue (034-034-1234-9079) 392,990.00 75) Veterans Program Revenue (034-034-1234-9068) 34,867.00 76) Title IIB Admin. Revenue (034-034-1234-8978) ( 14,365.00 77) Title IIB Training Revenue (034-034-1234-8979) ( 14,616.00) 78) Title IIA Admin. Revenue (034-034-1234-8960) ( 803.00) 79) Title IIA Training Revenue (034-034-1234-8961) (108,497.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Vice-Mayor 64O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIa, The 4th day of June, 1990. No. 30072-60490. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Motor Vehicle Maintenance Other Charges (1) ................................. $1,896,457.00 655,365.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) ................... 2,338,152.00 1) Project Supplies (006-052-2641-3005) 2) Retained Earnings - Unrestricted (006-3336) $ 59,0OO.OO (59,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Vice Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30073-60490. A RESOLUTION approving the City Manager's execution of Amendment No. 1 to the City's contract with NCR Corporation for a public safety computer aided dispatch system. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized and empowered to execute, for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 1 to the City's contract with NCR Corporation, dated March 17, 1987, related to provision of a public safety computer aided dispatch system. 2. Such Amendment shall provide that Paragraph 7 of Addendum No. 1, dated September 19, 1986, to the City's Plans and Specifications for the com- puter aided dispatch system shall not be performed and that instead NCR Corporation shall provide certain other System enhancements more particularly described in the City Manager's report dated June 4, 1990. ATTEST: APPROVED City Clerk Vi ce-Mayor 641 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30074-60490. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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) .................... $19,498,193.00 3,214,432.00 15,201,158.00 52,857.00 1) Maint. Third Party Contract 2) Maint. of Fixed Assets (001-052-4330-3056) (001-002-9410-2201) $ 10,500.00 (10,500.00) 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 4th day of June, 1990. No. 30075-60490. A RESOLUTION accepting the bid of Hubbard Service Department made to the City for furnishing and installing replacement heating, ventilation and air conditioning equipment at the Preston Park Recreation Center; upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; 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 Hubbard Service Department, made to the City, offering to install replacement heating, ventilation, and air conditioning equipment at Preston Park Recreation Center, such bid being in full compliance with the City's specifications and requirements therefor, and as provided in the contract documents offered said bidder, for the total bid price of $10,500.00, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City Manager or 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 there- for 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. 642 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: APPROVED City Clerk Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30076-60490. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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) .................... $19,497,517.00 3,213,756.00 15,201,158.00 53,533.00 1) Maint. Third Party Contract (001-052-4330-3056) $ 9,824.00 2) Maint. of Fixed Assets (001-002-9410-2201) (9,824.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 643 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30077-60490. AN ORDINANCE accepting the bid of Hartwell Fence Company made to the City for replacement of the chain link fence at Mill Mountain Zoo; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Hartwell Fence Company made to the City, for replace- ment of the chain link fence at Mill Mountain Zoo, for the total bid price of $9,824.00, which bid is on file in the Office of the City Clerk, be and 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 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: ..~¢~,~,~_ Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30078-60490. A RESOLUTION authorizing an amendment to the City's contract with Bio Gro Systems, Inc., for the second 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 $77.62 per dry ton for a total sum of $465,720.00 for 6,000 dry tons up to $776,200.00 for 10,000 dry tons, in a total time frame of one year from execution of the amendment, such amendment 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 par- ticularly set forth in the report to this Council dated June 4, 1990. APPROVED ATTEST~.~ ~ ._~.: /~~ City Clerk 644 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 1990. No. 30079-60490. A RESOLUTION authorizing certain flows to the Water Pollution Control Plant from outside the natural drainage area of the Roanoke River, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby authorizes sewage flows up to 20,000 gallons per day to the Water Pollution Control Plant from outside the natural drainage area of the Roanoke River in the vicinity of property owned by Tarmac Lone Star Cement Company and its successor under the terms of the 1972 Sewerage Facilities Usage Contract with Botetourt County, provided that such flows are assessable against capaci- ties allocated to Botetourt County under the aforesaid contract, as more par- ticularly set forth in the report to this Council dated June 4, 1990. ATTEST: ~ City C1 erk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30070-61190. AN ORDINANCE to amend and reordain §2-66, Unclassified and classified services ~enerall~; original appointments; probation, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (bl), such new subsection providing that upon approval of the State Department of Social Services, employees of the City's Department of Social Services shall be governed by the provisions of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, except to the extent of any inconsistency between provisions of such Chapter and provisions of the Code of Virginia (1950), as amended. BE IT ORDAINED by the Council of the City of Roanoke that §2-66, Unclassified and classified services ~enerall~; original appointments; proba- tion, Code of the City of Roanoke (1979), as amended, shall be amended by the a--d-aTtion of new subsection (bl) reading and providing as follows: §2-66 Unclassified and classified services generally; original appointments; probation. (bl) Upon approval of the State Board of Social Services, employees of the City's Department of Social Services shall be governed by the provisions of this Chapter except to the extent of any incon- sistency between provisions of this Chapter and provisions of the Code of Virginia (1950), as amended. ATTEST: /~ C~ Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30080-61190. 645 AN ORDINANCE authorizing a license and access agreement with Carilion Health Systems for City-owned property adjacent to Roanoke Memorial Hospital upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or Assistant City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate license and access agreement with Carilion Health Systems for the purpose of performing subsurface investigations and test borings on property on or adjacent to City-owned property leased to Carilion Health Systems and on or adjacent to the right-of-way of Weller Lane S. E., said agreement to provide for appropriate indemnification and public liability insurance, as well as such other terms and conditions as are deemed necessary to protect the City's interests, as more par- ticularly set forth in the report to this Council dated June 4, 1990. ATTEST: ~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30083-61190. A RESOLUTION approving a certain amendment, being Amendment No. 3, to the Downtown East Redevelopment Plan for Project No. VA. R-42. WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 18045, adopted on March 11, 1968, approved a redevelopment plan for the Downtown East Redevelopment Project, which plan was subsequently amended by Amendment Nos. I and 2, approved by Council on August 20, 1973, by Resolution No. 21092, and on November 24, 1980, by Resolution No. 25381, respectively. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has recommended that certain amendments be made to the aforesaid redevelopment plan, and its Board of Commissioners has approved a revised plan entitled "Redevelopment Plan, Downtown East Redevelopment Project, Project VA. R-42 (CD-3), Rev. March, 1990", and forwarded it to Council for approval. WHEREAS, the City's Planning Commission considered the proposed amend- ments to the Downtown East Redevelopment Plan at its meeting on June 6, 1990, and has recommended approval of the plan as revised by certain amendments set out generally in the report of the Planning Commission dated June 11, 1990. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The amended plan entitled "Redevelopment Plan, Downtown East Redevelopment Project, Project VA. R-42, Rev. March, 1990", which incorporates certain amendments, being Amendment No. 3, having been duly considered is hereby APPROVED. 2. The City Clerk be and is hereby directed to file a copy of the aforesaid redevelopment plan with the permanent records of the City. ATTEST: City Clerk APPROVED Mayor 646 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30084-61190. AN ORDINANCE temporarily changing the polling place for South Roanoke Precinct No. 2 from Crystal Spring Elementary School to the Roanoke Council of Garden Clubs, Inc.; providing for an emergency and an expiration date for this ordinance. WHEREAS, Crystal Spring Elementary School will be under renovation during the 1990-1991 school year, and such renovation will make unavailable the normal polling place for South Roanoke Precinct No. 2; WHEREAS, the Electoral Board has recommended the establishment of a temporary polling place for South Roanoke Precinct No. 2 at Roanoke Council of Garden Clubs, Inc., 2713 Avenham Avenue, S. W., and such temporary polling place is within the boundaries of South Roanoke Precinct No. 2 as required by §24.1-36, Code of Virginia (1950), as amended; and WHEREAS, the temporary change of polling place for South Roanoke Precinct No. 2 has been duly advertised in a newspaper having general cir- culation once a week for two consecutive weeks, pursuant to §24.1-39, Code of Virginia (1950), as amended, and a public hearing with respect to such proposed temporary relocation has been held on June 11, 1990; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding §10-76, Code of the City of Roanoke (1979), as amended, the polling place for South Roanoke Precinct No. 2 shall be relocated from Crystal Spring Elementary School to the Roanoke Council of Garden Clubs, Inc., 2713 Avenham Avenue, S. W., Roanoke, Virginia, in this City for the school year 1990-1991 only. 2. Such temporarily relocated polling place shall be applicable for the November 6, 1990, general election and any primary or special elections required during the 1990-91 school year only. 3. The City Clerk is directed to forward attested copies of this ordinance tO Sharon L. Carrington, Registrar, so that notice of this change in polling place can be. mailed to all registered voters of South Roanoke Precinct No. 2 as required by law. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage and shall expire by its own terms on the last day of the 1990-1991 Roanoke City Public School year. Upon the expiration of this ordinance the polling place for South Roanoke Precinct No. 2 shall be returned to Crystal Spring Elementary School. APPROVED ATTEST: City Clerk 647 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30085-61190. AN ORDINANCE to amend and reordain subsections (a) and (b) of §23.1-4, Requirement of bidding; power to reject bids, subsection (a) of §23.1-4.1, Requirement of competitive negotiation, and subsection (g) of §23.1-6, Exceptions to requirement of competitive procurement, Code of the City of Roanoke (1979), as amended, the amended subsections increasing the threshold for required competitive sealed bidding and competitive negotiation from $10,000 to $15,000; to amend and reordain subsection (b) of §23.1-10, Bid openings; bid acceptance and evaluation, to provide that bids for construction anticipated to exceed $15,000 shall be opened before City Council; to add a new subsection (bl) to §23.1-10, Bid openings; bid acceptance and evaluation, establishing a proce- dure for the opening of bids and proposals for goods, professional services and services; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: i Subsections (a) and (b) of §23.1-4, Requirement of bidding; power to reject ~ids, Code of the City of Roanoke (1979), as amended, shall be amended and reordained to provide as follows: §23.1-4. Requirement of bidding; power to reject bids. (a) Any contract with a nongovernmental contractor for the purchase or lease of goods or for the pur- chase of services or construction the consideration for which is expected to exceed fifteen thousand dollars ($15,000.00) shall be awarded to the lowest responsible bidder, or highest responsible bidder where applicable, such as where the city is leasing or selling public property or awarding concession rights, after public advertisement and competition. With respect to bids for any purchase, public work or improvement costing more than fifteen thousand dollars ($15,000.00), the City Council shall have the power to reject any and all bids. (b) Any contract with a nongovernmental contractor for the purchase or lease of goods or for the purchase of services or construction the con- sideration for which is not expected to exceed fif- teen thousand dollars ($15,000.00) may be bid and awarded to the lowest responsible bidder, or highest responsible bidder where applicable, such as where the city is leasing or selling public pro- perty or awarding concession rights, after public advertisement and competition, and the City Manager shall have the power to reject any and all such bids. Small purchase procedures shall provide for competition wherever practicable. 2. Subsection (a) of §23.1-4.1, Requirement of competitive negotia- tion, Code of the City of Roanoke (1979), as amended, shall be amended and reordained to provide as follows: §23.1-4.1. Requirement of competitive negotiation. (a) Except as provided by §23.1-6 of this Code, any contract with a nongovernmental contractor for professional services which is expected to exceed fifteen thousand dollars ($15,000.00) shall be awarded pursuant to the method of procurement known as competitive negotiation. 648 3. Subsection (g) of §23.1-6, Exceptions to requirement of competive procurement, Code of the City of Roanoke (1979), as amended, shall be amended and reordained to provide as follows: §23.1-6. Exceptions to requirement of competitive procure- ment. Notwithstanding any other provisions of this chapter, con- tracts may be entered without competition for goods, profess- ional services, services or construction in the following cases: (g) Where any contract for the purchase or lease of goods or for the purchase of professional ser- vices, services or construction is not expected to exceed fifteen thousand dollars ($15,000.00). 4. Subsection (b) of §23.1-10, Bid openings; bid acceptance and eva- luation; shall be amended and reordained to provide as follows, and §23.1-10, Bid openings; bid acceptance and evaluation, shall be further amended by the addition of a new subsection (bl) to provide as follows: §23.1-10. Bid openings; bid acceptance and evaluation, (b) Except as hereinafter provided in this subsec- tion, bids for construction anticipated to be in excess of fifteen thousand dollars ($15,000.00) shall be received and opened at a public meeting of City Council. Thereafter, the Mayor may appoint a bid committee to examine, tabulate, study and report with respect to such bids. Any bid commit- tee appointed by the Mayor shall report to the Council with an appropriate recommendation for council action with respect to such bids. In lieu of opening of bids at a public meeting of Council, the Council may, by motion, provide for the public opening of bids before a committee appointed by the Mayor which shall study, tabulate and report to Council in accordance with this subsection with respect to such bids. The City Manager may also report to council with respect to bids and make an appropriate recommendation. (bl) Bids and proposals for goods, professional services and services shall be publicly opened before a committee appointed by the City Manager for the purpose. Such committee shall examine, tabulate, study and make a report to Council, including a recommendation for Councilaction, with respect to such bids and proposals. The City Mana- ger may also report to City Council with respect to bids and proposals and make an appropriate recom- mendation. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor 649 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30086-61190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 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 Transfers to Other Funds (1) ...... ................ Contingency - General (2) ......................... $15,535,982.00 13,880,540.00 177,430.00 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (3) ............... $ 341,716.00 CAPITAL FUND Appropriations General Government $ 6,097,472.00 Fire Station 460 East (4) ......................... 416,922.00 1) Transfer to Capital Projects Fund (001-004-9310-9508) $ 416,922.00 2) Equip. Replacement Contingency (001-002-9410-2202) (91,922.00) 3) CMERP - City (001-3323) (325,000.00) 4) Appropriations from General Revenue (008-050-9653-9003) 416,922.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayo~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30087-61190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 6,5 0 APPROPRIATIONS Health and Welfare Youth Services Grant 89-I-15 (1-2) ................ $ 283,684.00 49,321.00 REVENUE Miscellaneous City Grants Health and Welfare - Special Purpose (3) .......... $1,293,522.00 199,931.00 1) Management Services (035-052-8827-7015) $500.00 2) Admin. Supplies (035-052-8827-2030) 237.00 3) State Grant - Youth Services (035-020-1234-7040) 737.00 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 11th day of June, 1990. No. 30088-61190. A RESOLUTION authorizing the acceptance of an additional Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the accep- tance, execution and filing of "Amended Special Conditions" with the Department of Corrections for this grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Corrections of an additional Delinquency Prevention and Youth Development Act Grant for the purpose of continuing coor- dinated planning and youth services program implementation by the City's Office on Youth until June 30, 1990, in an amount and subject to such terms as are described in the report to Council from the City Manager dated June 11, 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 "Amended 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. APPROVED ATTEST: '-l,'-x... City Clerk 651 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1990. No. 30089-61190. 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 Emergency Medical Services (1) .................... Non-Departmental Contingency - General Fund (2) .................... $ 1,322,873.00 780,767.00 12,195,028.00 404,395.00 REVENUE Charges for Current Services $ 4,480,846.00 Miscellaneous (3) ................................. 402,500.00 1) Fees for Prof. Services (001-050-3521-2010) $ 45,000.00 2) Contingency (001-002-9410-2199) (22,500.00) 3) Emergency Medical Services (001-020-1234-0854) 22,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED -7~ ~,,~ ~'ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30090-61190. A RESOLUTION authorizing the City Manager to enter into a contract bet- ween the City and Health East, Inc., for provision of emergency medical services billing and collection services. IT RESOLVED by the Council of the City of Roanoke that the City Manager, for and on behalf of the City, is hereby authorized to enter into a contract between the City and Health East, Inc., providing for such firms' fur- nishing of emergency medical services billing and collection services to the City for the period July 1, 1990 through June 30, 1991 for a flat monthly rate of $5,750 plus 6.5 percent of net collections. Such contract shall also provide that the City Manager may, in his discretion, renew the contract for two (2) additional one (1) year periods provided acceptable renewal rates and acceptable performance by the firm. Such contract shall also contain other terms and con- ditions deemed appropriate by the City Manager and shall be approved as to form by the City Attorney. APPROVED City Clerk Mayor~ 652 IN THE COUNCIL OF THE CITY OF ROANOKE, vIRGINIA, The 11th day of June, 1990. No. 30091-61190. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare Virginia Summer Food Service Program - 1990 (1-2).. $356,191.00 73,244.00 REVENUE Health and Welfare Virginia Summer Food Service Program - 1990 (3) .... $356,191.00 73,244.00 1) Food Costs (035-054-5120-6010) $70,000.00 2) Administration (035-054-5120-6012) 3,244.00 3) 1990 Summer Food Service Federal Revenue (035-035-1234-7078) 73,244.00 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 11th day of June, 1990. No. 30092-61190. AN ORDINANCE authorizing the execution of a grant application made on behalf of the City of Roanoke for the United States Department of Agriculture 1990 Summer Food Service Program, and the acceptance of the subsequent grant award; 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, W. Robert Herbert, or the Assistant City Manager, 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 1990 Summer Food Service Program, and accept the grant award in the amount of $73,243.64 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 11, 1990. 653 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 $1.65 (lunch) and $.95 (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. 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 11th day of June, 1990. No. 30093-61190. AN ORDINANCE to amend and reordain certain sections of the'1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant (1986-87) (1-6) ...... Community Development Block Grant (1987-88) (7-22) ..... Community Development Block Grant (1988-89) (23-42) .... $2,074,082.00 3,075,536.00 2,976,657.00 REVENUE Community Development Block Grant (1986-87) (43) ....... Community Development Block Grant (1987-88) (44) ....... Community Development Block Grant (1988-89) (45) ....... $2,074,082.00 3,075,536.00 2,976,657.00 1) Home Purchase Loan Program-RRHA 2) Fairfax Ave. Clearance 3) Neighborhood - Based Service Delivery 4) Deanwood 5) Henry St. City 6) Unprog. CDBG - Other Loan Repayment 7) AP I and 2 8) Travel and Education- Grants Compliance 9) Travel/Education/ Membership (Housing) 10) Consultant Services 11) Private Loan Program 12) Code Enforcement- Nonsalary 13) Postage - Housing 14) Emergency Home Repair (035-086-8620-5115) (035-086-8620-5172) (035-086-8625-5125) (035-086-8630-5131) (035-086-8630-5156) (035-086-8640-5186) (035-087-8705-5051) (035-087-8715-5081 (035-087-8715-5088) (035-087-8715-5095) (035-087-8720-5105) (035-087-8720-5111) (035-087-8720-5116) (035-087-8720-5168) $(50,852.00) (42,240.00) (3,ooo.oo) (247,822.00) ( 462.00) ( 6.0o) (1,577.00) ( 216.00) ( 136.00) (2,636.00) (4,954.00) ( 96.00) 551.00) ( 803.00) 6 5 4 15) 16) 17) 18) 19) 20) Program Development Mini Grants Deanwood First Street Shaffers Crossing Franklin/Elm Master Plan 21) Historic Building Loan Repair 22) Preservation Technical Assistance 23) Home Purchase Loan Program 24) Fairfax Avenue Clearance 25) Neighborhood Based Service Delivery 26) Deanwood 27) Henry Street - City 28) Unprogrammed CDBG 29) Travel and Education- Grants' Compliance 30) Travel/Education/ Membership (Housing) 31) Consultant Services 32) Private Loan Program 33) Code Enforcement- Nonsalary 34) Postage - Housing 35) Emergency Home Repair 36) Program Development 37) Mini Grants 38) First Street 39) Shaffers Crossing 40) Franklin/Elm Master Plan 41) Historic Building Loan Repair 42) Preservation Technical Assistance 43) CDBG Entitlement B86MC510020 44) CDBG Entitlement B87MC510020 45) CDBG Entitlement B89MC510020 (035-087-8725-5121) (035-087-8725-5122) (035-087-8730-5131) (035-087-8730-5144) (035-087-8730-5145) (035-087-8737-5165) (035-087-8737-5169) (035-087-8737-5170) (035-088-8820-5115) (035-088-8820-5172) (035-088-8825-5125) (035-088-8830-5131) (035-088-8830-5156) (035-088-8840-5189) (035-088-8815-5081) (035-088-8815-5088) (035-088-8815-5095) (035-088-8820-5105) (035-088-8820-5111) (035-088-8820-5116) (035-088-8820-5168) (035-088-8825-5121) (035-088-8825-5122) (035-088-8830-5144) (035-088-8830-5145) (035-088-8837-5165) (035-088-8837-5169) (035-088-8837-5170) (035-035-1234-8701) (035-035-1234-8801) (035-035-1234-8922) $( 51o.oo) ( 71.00) (124,318.00) (115,522.00) (20,794.00) (5,000.00) (100,000.00) (3,865.00) 50,852.00 42,240.00 3,000.00 372,140.00 462.00 1,583.00 216.00 136.00 2,636.00 4,954.00 96.00 551.00 803.00 510.00 71.00 115,522.00 20,794.00 5,000.00 100,000.00 3,865.00 (344,382.00) (381,049.00) 725,431.00 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 June, 1990. No. 30094-61190. AN ORDINANCE accepting the bid of Strahle Construction Company, Inc., for proper removal and disposal of the asbestos containing material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., upon cer- tain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and pro- viding for an emergency. .655 BE IT ORDAINED by the Council of the City of. Roanoke as follows: 1. The bid of Strahle Construction Company, Inc., made to the City in the total amount of $55,005.00 for proper removal and disposal of the asbestos containing material identified within the buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., as designated by a survey performed by Professional Services Industries, Inc., in' November, 1989 and more specifically described in the City Manager's report of June 11, 1990 to this Council, 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30095-61190. A RESOLUTION authorizing the execution of a contract with Professional Service Industries, Inc., to provide certain professional services, specifically procurement and analysis of daily air samples and inspection and certification for occupancy of buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., following the removal and disposal 'of asbestos containing materials from the buildings by Strahle Construction Company, Inc. 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 Professional Service Industries, Inc., for the procurement and analysis of daily air samples and inspection and certification for occupancy of buildings at 118, 120, 122 and 124 Campbell Avenue, S. W., following the removal and disposal of asbestos containing materials from the buildings by Strahle Construction Company, Inc., as more particularly set forth in the June 11, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution is $9,950.00 and twenty-five construction days. 3. The form of the contract with such firm shall be approved by the City Attorney. APPROVED ATTEST: ~c~ City Clerk Mayor 656 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of June, 1990. No. 30096-61190. AN ORDINANCE to amend and reordain §21-67, Annual permit required; application and processing fee; form of application, of the Code of the City of Roanoke (1979), as amended, to reduce the application and processing fee for raffle permits; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-67 of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §21-67. Annual permit required; application and processing fee; form of application. Prior to the commencement of any bingo game or raffle by any organization as defined in this article, the organization shall obtain an annual permit from the Director of Finance. The permit shall only be granted after a reasonable investi- gation has been conducted by the Director of Finance or his authorized designee to determine that the organization is qualified and that the requirements of this chapter have been met. The application and processing fees for a bingo permit shall be a total of two hundred dollars ($200.00). The application and processing fees for a raffle permit shall be a total of twenty-five dollars ($25.00). Application for the permit shall be accompanied by a check in the amount of the applica- tion and processing fee payable to the Treasurer. Application for an annual permit shall be made on a form pro- vided by the Director of Finance. No permit shall be issued without all the information required by the form prescribed by the Director of Finance. The form must be signed by all appropriate parties in the presence of the Director of Finance or his designee. The application shall be a matter of public record. 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 11th day of June, 1990. No. 30097-61190. 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: 657 APPROPRIATIONS General Government Billings and Collections (1-8) .................... $7,961,538.00 842,460.00 REVENUE Permits, Fees, and Licenses (9) ................... $ 570,218.00 1) Regular Employee Salaries 2) City Retirement 3) FICA 4) Admin. Supplies 5) Training and Development 6) Local Mileage 7) Postage 8) Expendable Equipment 9) Bingo and Raffle Permits (001-004-1232-1002) (001-004-1232-1105) (001-004-1232-1120) (001-004-1232-2030) (001-004-1232-2044) (001-004-1232-2046) (001-004-1232-2160) (001-004-1232-2035). (001-020-1234-0303) $24,000.00 3,120.00 1,200.00 10,000.00 3,000.00 2,000.00 5,000.00 1,680.00 50,000.00 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 18th day of June, 1990. No. 30081-61890. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127, 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, and C-2, General Commercial District, to C-1, Office District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on June 11, 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. 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: 6 5 8 Property described as a tract of land lying on the northwesterly side of Lynn Avenue, S. W., fronting 300 feet on Lynn Avenue, S. W., designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number Nos. 1271811, 1271812, 1271813, 1271814 and 1271815, currently zoned LM, Light Manufacturing District, and Official Tax No. 1271816, currently zoned C-2, General Commercial District, be, and is hereby rezoned from LM, Light Manufacturing, and C-2, General Commercial District, to C-1, Office District, and that Sheet No. 127 of the Zone Map be changed in this respect. ATTEST: City Clerk APPROVED .-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30082-61890. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 11, 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. 304 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following par- ticular and no other: ATTEST: City C1 erk Property described as a tract of land lying at the northeast corner of Hollins Road and Orange Avenue, N. E., containing approximately 1.5 acres, designated on Sheet No. 304 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax the northeast portion of which bears Official Tax No. 3042120. be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Amended Petition filed in the Office of the City Clerk on or about May 10, 1990, and that Sheet No. 304 of the Zone Map be changed in this respect. ~A P P R O V E D ~~~ Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30098-61890. 659 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government Director of Utilities and Operations (1) .......... Public Works Building Maintenance (2) .......................... $ 8,105,409.00 144,955.00 19,664,974.00 3,170,836.00 1) Fees for Prof. Services (001-056-1250-2010) $ 23,420.00 2) Electricity (001-052-4330-2022) (23,420.00) 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 18th day of June, 1990. No. 30099-61890. AN ORDINANCE authorizing certain real estate options to be entered into in connection with the Home Purchase Assistance Program, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be, and he is hereby authorized, for and on behalf of the City, to execute Real Estate Options on real estate located at 913 and 931 Kellogg Avenue, N. W., and currently owned by Vernon M. Sheppard, Jr., and Hazel L. Sheppard, as set out in and attached to the City Manager's report dated June 18, 1990, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Options by the City Attorney, and upon such other terms and conditions as are provided therein. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: ~~ City Clerk .Mayor 660 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30100-61890. 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 $39,000 on March 26, 1990, by Resolution No. 29990-32690, allocated under the Stuart B. McKinney Homeless Assistance Act from the United States Department of Housing and Urban Development to pro- vide services to the homeless; and WHEREAS, the Council of the City of Roanoke appropriated the funds to an Emergency Shelter Resource Fund enabling local non-profit organizations to apply for financial support to improve the quality of shelter facilities; and WHEREAS, the City Manager's Follow-up Task Force on the Homeless has recommended allocation of the funds as set forth in the City Manager's report dated June 18, 1990. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs in the recommendation of the City Manager's Follow-up Task Force on Homeless for the allocation of Emergency Shelter Resource Funds as follows: (a) $11,790 to Roanoke Area Ministries for the RAM House project for payment of monthly maintenance, utility fees and office supplies. (b) $17,090 to Total Action Against Poverty for utility fees equipment replacement and educational items. {c) $10,120 to TRUST for shelter operations and services. 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. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30101-61890. 661 AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development $ 23,985.00 Emergency Home Repair Program - 90 (1) ............. 13,571.00 REVENUE Community Development Emergency Home Repair Program - 90 {2) ............. 1) 2) BE $ 23,985.00 13,571.00 Emergency Home Repair (035-052-5113-5168) $13,571.00 State Grant Revenue (035-035-1234-7038) 13,571.00 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 18th day of June, 1990. No. 30102-61890. A RESOLUTION authorizing the City Manager or his designee to execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program; authorizing the City Manager or his designee to execute an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for the coopera- tive administration of the Emergency Home Repair Program, and authorizing the City Manager or his designee to execute certain contracts between the City of Roanoke, Total Action Against Poverty in the Roanoke Valley, Inc., and indivi- dual property owners, for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized to execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program, as more particularly set forth in the City Manager's report of June 18, 1990, to City Council. 662 2. The City Manager and the City Clerk are hereby authorized to exe- cute and to seal and attest, respectively, an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., providing for the cooperative admi- nistration of the Emergency Home Repair Program, as requested in the City Manager's report of June 18, 1990 to City Council. 3. The City Manager or his designee and the City Clerk are hereby authorized to execute and to seal and attest, respectively, certain contracts between the City of Roanoke, Total Action Against Poverty in the Roanoke Valley, Inc., and individual property owners for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair Program, as more particularly set forth in the City Manager's report of June 18, 1990, to City Council, upon certain terms and conditions. 4. The form of the aforesaid agreements and contracts shall be approved by the City Attorney. ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30103-61890. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Economic Development (1) Nondepartmental Contingency - General Fund (2) .................... $ 1,252,992.00 317,928.00 15,323,909.00 176,284.00 1) Vehicular Equipment (001-002-8120-9010) $ 17,487.00 2) Maintenance of Fixed Assets (001-002-9410-2201) (17,487.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 663 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30104-61890. A RESOLUTION accepting the bid of Magic City Ford made to the City for furnishing and delivering one new four-wheel drive mini van in accordance with City of Roanoke specifications, as set forth in its request for quotations dated May 24, 1990; 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 Ford, made to the City, offering to supply one new four-wheel drive mini van, meeting all of the City's specifications, as set forth in its request for quotations dated May 24, 1990, for the total bid price of $17,487.00, 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 C1 erk APPROVED Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30105-61890. A RESOLUTION accepting the bid of Fire & Safety Equipment Co., Inc., made to the City for furnishing and delivering nine new breathing air masks and cylinders; 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 Fire & Safety Equipment Co., Inc., made to the City, offering to supply nine new breathing air masks and cylinders meeting all of the City's specifications and requirements therefor, for the total bid price of $13,067.37, which bid in 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: ~0-~ City C1 erk APPROVED Vice-Mayor 6 6 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30106-61890. A RESOLUTION accepting certain bids made for providing chemicals for water and sewage treatment; rejecting other bids; and providing for an emergency. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The following bids made to the City for providing, on a unit price basis, certain chemicals used in water and sewage treatment, such bids being in full accord with the City's specifications therefor and each bid being f.o.b. destination and such bids being firm for one year from July 1, 1990, are hereby ACCEPTED: VENDOR PRODUCT PRICE General Chemical Corporation Liquid Alum $.353025 per gallon Van Water and Rogers Liquid Chlorine $43.75/cwt for 150 lb. cyl i nders $20.88/cwt for 2000 lb. cylinders Prillaman Chemical Corporation Standard Ground Alum $234.40 per ton Sodium Silico Fluroide $26.40/cwt Jones Chemical, Inc. Sulfur Dioxide $455.00 per ton 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for such chemicals, such purchase orders to be made and filed in accordance with the City's specifica- tions, the bidders' proposals made therefor and in accordance with this resolu- tion. 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 such bids. ATTEST City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30107-61890. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 665 GENERAL FUND Appropriations General Fund (1-123) ............................... $152,825,736.00 Internal Service Fund Appropriations Internal Service Fund (124-139) .................... $ 8,385,285.00 1) HOSPITALIZATION INSURANCE 2) HOSPITALIZATION INSURANCE 3) HOSPITALIZATION INSURANCE 4) HOSPITALIZATION INSURANCE 5) HOSPITALIZATION INSURANCE 6) TERMINATION LEAVE WAGES 7) HOSPITALIZATION INSURANCE 8) TERMINATION LEAVE WAGES 9) HOSPITALIZATION INSURANCE 10) HOSPITALIZATION INSURANCE 11) WORKMEN'S COMP WAGES 12) WORKMEN'S COMP MEDICAL 13) UNEMPLOYMENT WAGES 14) TERMINATION LEAVE WAGES 15) HOSPITALIZATION INSURANCE 16) HOSPITALIZATION INSURANCE 17) TERMINATION LEAVE WAGES 18) HOSPITALIZATION INSURANCE 19) HOSPITALIZATION INSURANCE 20) HOSPITALIZATION INSURANCE 21) HOSPITALIZATION INSURANCE 22) WORKMEN'S COMP MEDICAL 23) HOSPITALIZATION INSURANCE 24) WORKMEN'S COMP MEDICAL 25) TERMINATION LEAVE WAGES 26) HOSPITALIZATION INSURANCE 27) TERMINATION LEAVE WAGES 28) HOSPITALIZATION INSURANCE 29) TERMINATION LEAVE WAGES 30) TERMINATION LEAVE WAGES 31) HOSPITALIZATION INSURANCE 32) HOSPITALIZATION INSURANCE 33) HOSPITALIZATION INSURANCE 34) HOSPITALIZATION INSURANCE 35) WORKMEN'S COMP WAGES 36) WORKMEN'S COMP MEDICAL 37) TERMINATION LEAVE WAGES 38) HOSPITALIZATION INSURANCE 39) WORKMEN'S COMP WAGES 40) WORKMEN'S COMP MEDICAL 41) TERMINATION LEAVE WAGES 42) HOSPITALIZATION INSURANCE 43) WORKMEN'S COMP WAGES 44) WORKMEN'S COMP MEDICAL 45) HOSPITALIZATION INSURANCE 46) HOSPITALIZATION INSURANCE 47) HOSPITALIZATION INSURANCE 48) WORKMEN'S COMP MEDICAL 49) HOSPITALIZATION INSURANCE 50) WORKMEN'S COMP WAGES 51) WORKMEN'S COMP MEDICAL 52) TERMINATION LEAVE WAGES 53) HOSPITALIZATION INSURNACE 54) HOSPITALIZATION INSURANCE 55) WORKMEN'S COMP WAGES 56) WORKMEN'S COMP MEDICAL 57) HOSPITALIZATION INSURANCE 58) HOSPITALIZATION INSURANCE 59) WORKMEN'S COMP WAGES 60) WORKMEN'S COMP MEDICAL 61) UNEMPLOYMENT WAGES 62) TERMINATION LEAVE WAGES (001-001-1110-1125) $ 2,188.00 (001-001-1120-1125) 1,789.00 (001-002-1212-1125) 878.00 (001-002-8120-1125) 1,120.00 (001-003-1220-1125) 215.00 (001-003-1220-1150) 290.00 (001-004-1231-1125) 7,794.00 (001-004-1231-1150) 505.00 (001-004-1232-1125) 5,862.00 (001-004-9110-1125) -313,959.00 (001-004-9110-1135) -98,080.00 (001-004-9110-1140) -225,949.00 (001-004-9110-1145) -23,678.00 (001-004-9110-1150) -93,155.00 (001-005-1240-1125) 1,120.00 (001-010-1310-1125) 363.00 (001-010-1310-1150) 3,761.00 (001-020-1234-1125) 3,802.00 (001-022-1233-1125) 3,043.00 (001-023-1235-1125) 2,240.00 (001-024-2140-1125) 6,496.00 (001-024-2140-1140) 2,627.00 (001-024-3310-1125) 22,319.00 (001-024-3310-1140) 14,130.00 (001-024-3310-1150) 7,708.00 (001-026-2210-1125) 3,203.00 (001-026-2210-1150) 1,871.00 (001-028-2111-1125) 3,976.00 (001-028-2111-1150) 378.00 (001-050-1237-1150) 529.00 (001-050-1260-1125) 448.00 (001-050-1261-1125) 976.00 (001-050-3111-1125) 363.00 (001-050-3112-1125) 23,454.00 (001-050-3112-1135) 19,047.00 (001-050-3112-1140) 3,262.00 (001-050-3112-1150) 1,278.00 (001-050-3113-1125) 43,045.00 (001-050-3113-1135) 9,117.00 (001-050-3113-1140) 70,653.00 (001-050-3113-1150) 10,963.00 (001-050-3114-1125) 1,854.00 (001-050-3114-1135) 1,971.00 (001-050-3114-1140) 324.00 (001-050-3115-1125) 672.00 (001-050-3211-1125) 1,255.00 (001-050-3212-1125) 1,344.00 (001-050-3212-1140) 865.00 (001-050-3213-1125) 54,587.00 (001-050-3213-1135) 19,304.00 (001-050-3213-1140) 65,627.00 (001-050-3213-1150) 9,605.00 (001-050-3214-1125) 512.00 (001-050-3521-1125) 3,045.00 (001-050-3521-1135) 2,047.00 (001-050-3521-1140) 4,821.00 (001-050-3530-1125) 1,166.00 (001-050-4340-1125) 21,175.00 (001-050-4340-1135) 5,838.00 (001-050-4340-1140) 22,309.00 (001-050-4340-1145) 15,368.00 (001-050-4340-1150) 3,378.00 666 63) 64) 65) 66) 67) 68) 69) 70) 71) 72) 73) 74) 75) 76) 77) 78) 79) 8O) 81) 82) 83) 84) 85) 86) 87) 88) 89) 90) 91) 92) 93) 94) 95) 96) 97) 98) 99) lOO) 101) 102) lO3) lO4) 105) 106) lO7) lO8) 109) 110) 111) 112) 113) 114) 115) 116) 117) 118) 119) 120) 121) 122) 123) 124) 125) 126) 127) 128) 129) 130) HOSPITALIZATION INSURANCE WORKMEN'S COMP MEDICAL UNEMPLOYMENT WAGES TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP MEDICAL HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE UNEMPLOYMENT WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE UNEMPLOYMENT WAGES TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE TERMINATION LEAVE WAGES HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE HOSPITALIZATION INSURNACE WORKMEN'S COMP WAGES WORKMEN'S COMP MEDICAL TERMINATION LEAVE WAGES CONTINGENCY HOSPITALIZATION INSURANCE HOSPITALIZATION INSURANCE (001-050-7110-1125) (001-050-7110-1140) (001-050-7110-1145) (001-050-7110-1150) (001-052-1280-1125) (001-052-3410-1125) (001-052-3410-1135) (001-052-3410-1140) (001-052-3410-1150) (001-052-4110-1125) (001-052-4110-1135) (001-052-4110-1140) (001-052-4110-1150) (001-052-4130-1125) (001-052-4130-1140) (001-052-4130-1150) (001-052-4160-1125) (001-052-4160-1140) (001-052-4210-1125) (001-052-4210-1135) (001-052-4210-1140) (001-052-4210-1150) (001-052-4220-1125) (001-052-4220-1150) (001-052-4310-1125) (001-052-4310-1150) (001-052-4330-1125) (001-052-4330-1135) (001-052-4330-1140) (001-052-4330-1150) (001-052-8110-1125) (001-052-8110-1145) (001-054-1270-1125) (001-054-3320-1125) (001-054-3320-1135) (001-054-3320-1140) (001-054-3320-1150) (001-054-3330-1125) (001-054-3330-1135) (001-054-3330-1140) (001-054-3350-1125) (001-054-3350-1150) (001-054-3360-1125) (001-054-3360-1150) (001-054-5311-1125) (001-054-5311-1150) (001-054-5313-1125) (001-054-5313-1145) (001-054-5313-1150) (001-054-5314-1125) (001-054-5314-1140) (001-054-5314-1150) (001-054-5316-1125) (001-054-5340-1125) (001-054-5340-1135) (001-054-5340-1140) (001-054-5340-1150) (001-054-7310-1125) (001-054-7310-1150) (001-056-1250-1125) (001-072-2110-1125) (006-002-1617-1125) (006-004-9111-1135) (006-004-9111-1140) (006-004-9111-1150) (006-004-9111-2199) (006-050-1601-1125) (006-050-1613-1125) 2,543.00 232.00 608.00 4,750.00 448.00 2,222.00 1,014.00 1,049.00 583.00 12,154.00 4,357.00 1,471.00 4,563.00 10,235.00 2,011.00 1,075.00 1,709.00 453.00 18,548.00 992.00 10,920.00 2,921.00 5,998.00 7,879.00 5,135.00 3,261.00 9,843.00 4,610.00 11,647.00 2,767.00 726.00 3,612.00 448.00 1,936.00 5,495.00 6,878.00 1,487.00 672.00 519.00 585.00 968.00 511.00 1,723.00 3,329.00 1,452.00 499.00 11,613.00 4,090.00 3,583.00 11,149.00 2,224.00 10,256.00 726.00 8,508.00 1,509.00 3,861.00 3,301.00 6,106.00 2,124.00 448.00 605.00 484.00 -10,000.00 -10,000.00 -15,000.00 -18,221.00 2,243.00 1,697.00 131) TERMINATION LEAVE WAGES (006-050-1613-1150) $ 3,120.00 132) HOSPITALIZATION INSURANCE (006-052-2641-1125) 12,254.00 133) WORKMEN'S COMP WAGES (006-052-2641-1135) 1,603.00 134) WORKMEN'S COMP MEDICAL (006-052-2641-1140) 4,454.00 135) HOSPITALIZATION INSURANCE (006-056-2625-1125) 11,604.00 136) WORKMEN'S COMP WAGES (006-056-2625-1135) 1,625.00 137) WORKMEN'S COMP MEDICAL (006-056-2625-1140) 6,010.00 138) UNEMPLOYMENT WAGES (006-056-2625-1145) 1,565.00 139) TERMINATION LEAVE WAGES (006-056-2625-1150) 6,562.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~d~.~------ City Clerk APPROVED Vice-Mayor 667 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30108-61890. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new subsection (15) of §20-65, Parkin~ prohi- bited in specified places, to prohibit parking in places where there has been oral or written notice that parking is prohibited and to amend subsections (b)(1) and (3) of §20-89, Penalties for unlawful parking, to provide a penalty for violations of such prohibition; 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 subsection: hereby §20-65. Parkin9 prohibited in specified places. (15) On or in any parking facility, parking lot or other area designed for parking, public or private, where parking, standing or stopping is prohibited and official signs or other markers to that effect have been erected or installed and are clearly visible to an ordinarily observant person, or where oral notice to the same effect has been given. 2. Subsections (b)(1) and (b)(3) of §20-89, Penalties for unlawful parking, are hereby amended and reordained to read and provide as follows: §20-89. Penalties for unlawful parking. (b)(1) A penalty of five dollars ($5.00) may be paid for a violation of §20-65 (except subsections (4) and (15) thereof), 20-66, 20-67, 20-68, 20-69, 20-70, 20-71, 20-72, 20-73, 20-75, 20-79, 20-80 or 20-81, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be fifteen dollars ($15.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of fifteen dollars ($15.00) within five (5) days of receipt of such notice. 668 (b)(3) A penalty of twenty-five dollars ($25.00) may be paid for a violation of section 20-76 or section 20-65(15) 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 thirty-five dollars ($35.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of thirty-five dollars ($35.00) within five (5) days of notice of such receipt. 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 Vf :e-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30109-61890. 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 Director of Human Resources (1) ................... Citizens Services Committee (2-26) ................ $158,887.00 248,800.00 1) Fees for Prof. Services 2) Assoc. for Retarded Citizens 3) Adult Care Center 4) Roanoke Valley Arts Council 5) Big Brothers 6) Free Clinic 7) Child Abuse and Neglect 8) CORD 9) Inner City Athletic Association 10) Conflict Resolut. Center, Inc. 11) Family Service Protective Srvc. 12) Information and Referral 13) League of Older Americans 14) Mill Mountain Theatre (001-054-1270-2010) (001-054-5220-3726) (001-054-5220-3746) (001-054-5220-3737) (001-054-5220-3729) (001-054-5220-3721) (001-054-5220-3730) (001-054-5220-3731) (001-054-5220-3744) {001-054-5220-3748) (001-054-5220-3720) (001-054-5220-3732) (001-054-5220-3722) (001-054-5220-3749) $ 36,200.00 30,250.00 4,150.00 3,600.00 4,500.00 18,100.00 2,700.00 1,900.00 1,850.00 2,700.00 36,500.00 5,500.00 25,000.00 1,000.00 15) Blue Ridge MS (001-054-5220-3733) $ 1,400.00 16) NW Child Develop. (001-054-5220-3734) 13,000.00 17) Roanoke Area Min. (001-054-5220-3723) 26,300.00 18) Roanoke Museum of Fine Art (001-054-5220-3750) 500.00 19) Roanoke Symphony Society (001-054-5220-3736) 5,000.00 20) Roanoke Valley Speech & Hearing (001-054-5220-3738) 2,300.00 21) Tinker Mountain Industries (001-054-5220-3747) 22,600.00 22) TRUST (001-054-5220-3740) 7,000.00 23) RADAR (001-054-5220-3725) 23,000.00 24) West End Community Center (001-054-5220-3745) 3,502.00 25) Western VA Emer§. Medical Services (001-054-5220-3741) 6,448.00 26) Subsidies (001-054-5220~3700) (285,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Vice-Mayor 669 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30110-61890. A RESOLUTION concurring in the recommendation of the Citizens' Services Committee for allocation of City funds to various agencies. WHEREAS, the Fiscal Year 1990-91 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, 28 requests for City funds in the total amount of $701,327.25 were received by the Citizens' Services Committee from various agencies. BE IT RESOLVED by the Council of the City of Roanoke that this Council concurs in the recommendations of the Citizens' Services Committee as to the allocation for funding to various agencies as more particularly set forth in the attachment to the Committee Report submitted to this Council dated June 18, 1990. BE IT FURTHER RESOLVED that the Chairman of the Citizens' Services Committee and the Director of Finance are authorized to release funds to any agency, provided that objectives, activities, and other reassurances have been submitted and accepted. APPROVED ATTEST: ~)~n_~,,~.~ City Clerk Vice-Mayor 670 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30111-61890. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §21-72, Audit of reports; fee, to provide for the audit of bingo and raffle reports and to establish the fee for such audits; 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: §21-72. Audit of reports; fee. (a) All reports filed pursuant to §21-71 shall be audited by the Director of Finance or his designee. All reports shall be a matter of public record. hereby (b) An audit fee shall accompany each annual report. The fee shall be calculated on an annual basis and shall equal one and one-half percent of the first one hundred fifty thousand dollars and two percent of any amount in excess of one hundred fifty thousand dollars of the total of (i) the gross receipts which an organization reports pursuant to §21-71 and (ii) the interest income on money that the organi- zation has received from bingo or instant bingo operations. (c) The audit fee shall be payable to the City Treasurer. All audit fees shall be separately accounted for and shall be used only for the purpose of auditing and regulating bingo games and raffles. 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. City Clerk APPROVED Vi ce-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30112-62590. 671 A RESOLUTION recognizing and commending the Honorable James O. Trout, Member of City Council. WHEREAS, the Honorable James O. Trout was born in Salem, Virginia, on April 6, 1930, and was educated at the University of Virginia and Virginia Polytechnic Institute, receiving a B.S. Degree in Civil Engineering from Virginia Polytechnic Institute in 1957; WHEREAS, Mr. Trout was first elected to City Council in 1968, and was thereafter elected three more times and was once appointed to fill an unexpired term on City Council, serving from September 1, 1968, to June 30, 1976, and from May 11, 1982, to June 30, 1990, a total of sixteen years; WHEREAS, Mr. Trout served as Vice-Mayor from September 1, 1968, to August 31, 1972; WHEREAS, Mr. Trout has given unselfishly of his time and ability, serving as Chairman of the Economic Development Commission and as a Member of Council's Audit Committee, Personnel Committee and Budget and Planning Committee; and WHEREAS, in his public service, Mr. Trout demonstrated a keen interest in economic development and education and always displayed personal charac- teristics of honesty, integrity, energy, enthusiasm and dedication to improving the quality of life in the City; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the very meritorious services rendered to the City of Roanoke and its people by the Honorable James O. Trout. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30113-62590. A RESOLUTION recognizing and commending the Honorable Robert A. Garland, Member of City Council. WHEREAS, the Honorable Robert A. Garland, a retired pharmacist, was born in Roanoke on February 3, 1923, and was educated at Fork Union Military Academy and the Medical College of Virginia; WHEREAS, Mr. Garland has served a total of twenty-four years on City Council, first being elected in 1962, and serving from September 1, 1962, to August 31, 1966, and thereafter being elected six more times, serving con- tinuously from September 1, 1970, to June 30, 1990; WHEREAS, Mr. Garland served as Vice-Mayor from September 1, 1962, to August 31, 1964, and from October 29, 1975 to June 30, 1976; WHEREAS, Mr. Garland has given unselfishly of his time and ability, serving as Chairman of Council's Bid Committee, as a member of Council's Personnel and Water Resources Committees and as a member of the Roanoke Civic Center Commission; and 6 WHEREAS, in his public service, Mr. Garland demonstrated a keen interest in financial matters and in public procurement of construction and equipment and always displayed personal characteristics of honesty, integrity, attention to detail, frugality, diplomacy, courteousness and friendliness; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the very meritorious services rendered to the City of Roanoke and its people by the Honorable Robert A. Garland. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30114-62590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Education Chapter I Winter 124-89-1 (1) ..................... Chapter I Summer 124-89-2 (2) ..................... Chapter I Carryover 124-89-3 (3) .................. Chapter II 87 (4) ................................. Staff Development Title II 86 (5) ................. Staff Development Title II 87 (6) ................. Instructional Services Title II (7) ............... Chapter II 88 (8) ................................. Vocational Education Teen Mothers (9) ............. Summer Youth Employment 89 (10) ................... Transitional Services 88 (11) ..................... Special Education Tuition 88 (12) ................. Flow Through 89 (13) .............................. Child Development Clinic 89 (14) .................. Bureau of Crippled Children 89 (15) ............... Juvenile Detention Home 89 (16) ................... Teenage Mothers Grant (17) ........................ Preschool Incentive 89 (18) ....................... Vocational Education Equipment 88 (19) ............ Apprenticeship 89 (20) ............................ ABE/DIAL 89 (21) .................................. GED Testing 89 (22) ............................... Vocational Education Equipment ~ !~! . Artist in Education 89 (24) ..... ~.~ Partners in Excellence (25) ....................... Substance Abuse Prevention and Education (26) ..... Governor's School 89 (27) ......................... Grants Development 89 (28) ........................ Regional Science Fair 89 (29) ..................... Chess Program 89 (30) ............................. $16,733,062.00 1,476,861.00 223,150.00 306,074.00 174,596.00 19,274.00 8,205.00 16,459.00 174,867.00 37,749.00 41,371.00 6,491.00 274,242.00 623,597.00 45,663.00 56,823.00 36,135.00 8,177.00 13,570.00 252,708.00 106,751.00 92,747.00 6,325.00 223,926.00 22,837.00 495.00 39,709.00 599,806.00 35,065.00 5,109.00 16,900.00 REVENUE Education Chapter I Winter 124-89-1 (31) .................... Chapter I Summer 124-89-2 (32) .................... Chapter I Carryover 124-89-3 (33) ................. Chapter II 87 (34) ................................ Staff Development Title II 86 (35) ................ Staff Development Title II 87 (36) ................ Instructional Services Title II (37) .............. Chapter II 88 (38) ................................ Vocational Education Teen Mothers (39) ............ Summer Youth Employment 89 (40) ................... Transitional Services 88 (41) ..................... Special Education Tuition 88 (42) ................. Flow Through 89 (43) .............................. Child Development Clinic 89 (44) .................. Bureau of Crippled Children 89 (45) ............... Juvenile Detention Home 89 (46) ................... Teenage Mothers Grant (47) ........................ Preschool Incentive 89 (48) ....................... Vocational Educatin Equipment 88 (49) ............. Apprenticeship 89 (50) ............................ ABE/DIAL 89 (51) .................................. GED Testing 89 (52) ............................... Vocational Education Equipment 89 (53) ............ Artist in Education 89 (54) ....................... Partners in Excellence (55) ....................... Substance Abuse Prevention and Education (56) ..... Governor's School 89 (57-58) ...................... Grants Development 89 (59) ........................ Regional Science Fair 89 (60) ..................... Chess Program 89 (61) ............................. $16,733,062.00 1,476,861.00 223,150.00 306,074.00 174,596.00 19,274.00 8,205.00 16,459.00 174,867.00 37,749.00 41,371.00 6,491.00 274,242.00 623,597.00 45,663.00 56,823.00 36,135.00 8,177.00 13,570.00 252,708.00 106,751.00 92,747.00 6,325.00 223,926.00 22,837.00 495.00 39,709.00 599,806.00 35,065.00 5,109.00 16,900.00 1) Elem. Teachers 2) Teachers 3) Elem. Teachers 4) Elem. Teachers 5) Supplies 6) Supplies 7) Supplies 8) Elem. Teachers 9) Teachers 10) Teachers 11) Inservice Training 12) Tuition 13) Prof. Health Services 14) Consultant 15) Consultant 16) Consultant 17) Instructor 18) Supplies 19) Equipment 20) Prof. Services 21) Teachers 22) Teachers 23) Equipment 24) Purchased Services 25) Supplies 26) Supplies 27) Teachers 28) Clerical 29) Travel 30) Supplies 31) Federal Grant Receipts 32) Federal Grant Receipts (035-060-6124-6000-0121) $ 1,882.00 (035-060-6125-6449-0121) (68,603.00) (035-060-6126-6000-0121) 71,415.00 (035-060-6217-6001-0112) ( 9,169.00) (035-060-6218-6045-0309) ( 791.00) (035-060-6219-6045-0309) ( 245.00) (035-060-6221-6020-0309) ( 73.00) (035-060-6222-6045-0112) ( 8,557.00) (035-060-6416-6138-0121) 2,749.00 (035-060-6417-6138-0121) ( 8,886.00) (035-060-6560-6010-0307) (035-060-6561-6010-0306) ( 308.00) 2,018.00 (035-060-6563-6553-0311) 5,748.00 (035-060-6564-6554-0138) ( 287.00) (035-060-6565-6554-0138) ( 170.00) (035-060-6566-6454-0121) ( 36.00) (035-060-6568-6106-0121) ( 290.00) (035-060-6571-6553-0614) ( 2,390.00) (035-060-6732-6015-0510) ( 485.00) (035-060-6733-6138-0313) ( 4,103.00) (035-060-6734-6450-0121) ( 5,059.00) (035-060-6735-6550-0121) ( 663.00) (035-060-6736-6334-0821) ( 1,074.00) (035-060-6811-6201-0381) (2,168.00) (035-060-6926-6065-0309) 455.00 (035-060-6939-6027-0309) ( 2,970.00) (035-060-6940-6107-0121) (21,163.00) (035-060-6943-6665-0151) ( 5,985.00) (035-060-6945-6311-0554) ( 1,141.00) (035-060-6947-6202-0614) ( 100.00) (035-060-6124-1102) (035-060-6125-1102) 1,882.00 (68,603.00) 673 674 shall be ATTEST: 33) Federal Grant Receipts (035-060-6126-1102) 34) Federal Grant Receipts (035-060-6217-1102) 35) Federal Grant Receipts (035-060-6218-1102) 36) Federal Grant Receipts (035-060-6219-1102) 37) Federal Grant Receipts (035-060-6221-1102) 38) Federal Grant Receipts (035-060-6222-1102) 39) Federal Grant Receipts (035-060-6416-1102) 40) Federal Grant Receipts (035-060-6417-1102) 41) Federal Grant Receipts (035-060-6560-1102) 42) State Grant Receipts (035-060-6561-1100) 43) Federal Grant Receipts (035-060-6563-1102) 44) State Grant Receipts (035-060-6564-1100) 45) State Grant Receipts (035-060-6565-1100) 46) State Grant Receipts (035-060-6566-1100) 47) Federal Grant Receipts (035-060-6568-1102) 48) Federal Grant Receipts (035-060-6571-1102) 49) Fees (035-060-6732-1103) 50) State Grant Receipts (035-060-6733-1100) 51) Federal Grant Receipts (035-060-6734-1102) 52) Fees (035-060-6735-1103) 53) Local Match (035-060-6736-1101) 54) Local Match (035-060-6811-1101) 55) Contributions (035-060-6926-1103) 56) State Grant Receipts (035-060-6939-1100) 57) State Grant Receipts (035-060-6940-1100) 58) Fees (035-060-6940-1103) 59) Federal Grant Receipts (035-060-6943-1102) 60) Fees (035-060-6945-1103) 61) Contributions (035-060-6947-1103) BE IT FURTHER ORDAINED that, an emergency in effect from its passage. City Clerk APPROVED $ ( ( ( ( ( 71,415.00 9,169.00) 791.00) 245.00) 73.00) 8,557.00) -- 2,749.00 .... (8,886.00) ( 308.00) 2,018.00 5,748.00 ( 287.00) ( 170.00) ( 36.00) ( 290.00) (2,390.00) ( 485.00) (4,103,00) (5,059.00) ( 663.00) (1,074.00) ~- (2,168.00) 455.00 (2,970.00) (3,588.00) (17,575.00) (5,985.00) (1,141.00) ( 100.00) this Ordinance existing, Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30115-62590. 675 A Resolution approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Quibell Corporation, 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 Quibell Corporation {the "Company"), whose principal office is at 2610 Roanoke Avenue, S. W., Roanoke, Virginia, requesting the Authority to issue up to $2,500,000.00 of its industrial development revenue bonds {the "Bonds") to assist the Company in financing the acquisition, construction and equipping of a manufacturing facility {the "Project") to be located in the Centre for Industry & Technology, Lots 9 and 10, in the City of Roanoke, Virginia, and has held a public hearing thereon on June 12, 1990. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Internal Revenue Code"), provides that the governmental unit having jurisdiction over the issuer of revenue bonds and over the area in which any facility financed with the proceeds of revenue bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia {the "City"), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, copies of the Authority's resolutions and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the aforesaid Bonds in the aggregate principal amount of $2,500,000.00 by the Authority for the benefit of the Company, as required by Section 147(f) of the Internal Revenue Code, to per- mit 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 Internal Revenue Code, does not constitute an endorsement to a prospective purchaser of the Bonds of 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 inci- dent 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. ATTEST: City Clerk APPROVED Mayor 676 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30116-62590. AN ORDINANCE authorizing the City's acquisition of three easements in land and providing for use of certain City-owned property for the Roanoke River flood reduction project early warning system, 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 hereby authorized to acquire on behalf of the City for appropriate consideration easements or other necessary property interests, in form approved by the City Attorney, for the Roanoke River flood reduction project early warning system in three sites identified as the Tinker Creek site, the Mason Creek site and the Roanoke River site, as more par- ticularly set forth in the report to this Council dated June 25, 1990, and the accompanying plats which are hereby incorporated by reference herein. 2. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, written documen- tation as may be necessary to evidence the City's authorization of the use of the site identified as the Mill Mountain site located adjacent to the com- munications tower on Mill Mountain for the Roanoke River flood reduction projec- tearly warning system, as more particularly set forth in the report to this Council dated June 25, 1990, and the accompanying plat which is hereby incor- porated by reference herein. 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 C1 erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30117-62590. A RESOLUTION authorizing the execution of a written agreement with the Southwest Virginia Community Development Fund for the implementation and admin- istration 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, 1990, and ending June 30, 1991. 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 $66,667; for the period beginning July 1, 1990, and ending June 30, 1991, as more particularly described in the report of the City Manager dated June 25, 1990; such contract to be approved as to form by the City Attorney. APPROVED City Clerk Mayor 677 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30118-62590. A RESOLUTION establishing certain water and sewer rates and other related rates and charges for this City effective August 1, 1990. BE IT RESOLVED by the Council of the City of Roanoke that the water and sewer rates and other related rates and charges for the City of Roanoke shall be as set forth in Attachment H attached hereto, which is hereby incorporated by reference herein, such rates to be effective for all water and sewer statements rendered on or after August 1, 1990, and connection charges, special service charges, fire service charges, and tank disposal charges to be effective for statements rendered on or after August 1, 1990. ATTEST APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30119-62590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works $19,733,176.00 Building Maintenance (1) ............................ 3,239,038.00 Nondepartmental 15,102,843.00 Contingency - General Fund (2-3) .................... 112,700.00 1) Maintenance 3rd Party Contract 2) Maintenance of Fixed Assets 3) Contingency (001-052-4330-3056) (001-002-9410-2201) (001-002-9410-2199) $44,782.00 (42,004.00) (2,778.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 678 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30120-62590. A RESOLUTION accepting the bid of Johnson-Vest Electric Corporation made to the City for air conditioning replacement at the National Guard Armory, aand awarding a contract therefor; authorizing the proper City officials to exe- cute 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 that: 1. The bid of Johnson-Vest Electric Corporation in the total amount of $30,362.00 for air conditioning replacement at the National Guard Armory, 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 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 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30121-62590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General and Capital Funds Appropriataions, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND APPROPRIATIONS Non-departmental $15,646.823.00 Transfers to Other Funds (1) ........................ 13,805,334.00 FUND BALANCE Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) .............. $ -0- 679 CAPITAL FUND APPROPRIATIONS General Government $ 6,114,120.00 Campbell Avenue Historic Property (3) ............... 922,716.00 1) Transfer to Capital (001-004-9310-9508) $ 341,716.00 2) CMERP - City (001-3323) (341,716.00) 3) Appropriations from General Revenue (008-052-9620-9003) 341,716.00 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 June, 1990. No. 30122-62590. A RESOLUTION accepting the bid of Handy Dump, Inc., to provide bulk container collection service for the City's containers, on a unit price basis, for a one (1) year term, 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 Handy Dump, Inc., to provide bulk container collection service for the City's bulk containers, on a unit price basis, for $8.25 per unit for a term of one (1) year commencing July 1, 1990, and terminating June 30, 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 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 service, including the rental of container units, are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appre- ciation for such bid. APPROVED ATTEST: City Clerk Mayor 680 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30123-62590. A RESOLUTION waiving the standard rental fee for use of certain City facilities for Virginia CorEast Games and granting concession rights in conjunc- tion with such events. WHEREAS, by Resolution No. 24982, dated January 28, 1980, this Council established a policy with respect to waiver of rental fees for use of City 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 the Virginia CorEast Games, to be sponsored by Virginia Amateur Sports, Inc. and to grant concession rights in conjunction with such event. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Virginia Amateur Sports, Inc. shall be authorized use of Victory Stadium, National Guard Armory, River's Edge Sports Complex and Fallon Park Pool July 5, 1990 through July 8, 1990 with waiver of the standard rental fees for Virginia CorEast Games. 2. Such Committee or its designee shall be authorized to operate in conjunction with such event. 3. The applicant organization shall furnish a public liability and property damage insurance contracts insuring the liability of such organization with regard to such events on the dates indicated above, in the minimum amount of $1,000,000.00 per occurrence. The City shall be named as an additional insured on such policy of insurance, and a certificate of insurance reflecting such coverage shall be filed with the City Clerk prior to July 5, 1990, 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, agents and employees from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of such organization's intentional acts or negligent acts or omissions related to use of City facilities and property. 5. The applicant organization shall comply with all applicable terms and conditions of Resolution No. 24982, dated January 28, 1980. ATTEST: ~~ City Clerk APPROVED Mayor 681 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30124-62590. RESOLUTION establishing certain fees, rates, assessments and charges to be levied by the City on and after July 1, 1990. WHEREAS, it is the policy of thisCouncil thatCityfees for special services should approximate the cost of such services; WHEREAS, many of the fees, rates, assessments and charges levied by the City for processing of applications, inspections, licenses and other services have become outdated; and WHEREAS, this Council is desirous of revising many fees, rates, assessments and charges of the City to ensure that all such charges are equitable, up-to-date and easily accessible to the public; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The fees, rates, penalties, assessments and charges set out in the joint report of the CityManager and the Director of Finance, dated June 25, 1990, entitled "Customer Service Charge Recommendations, Fiscal Year 1990-91" and the attachments thereto are hereby adopted and established to be effective on and after July 1, 1990. 2. The Customer Service Charges of the City of Roanoke, maintained by the Director of Finance, shall be amended to include the foregoing new fees, rates, penalties, assessments and charges. 3. This resolution shall have noeffectastoany fee, ratepenalty, assessment or charge which may be legally established only after public notice and/or hearing. 4. In case of any conflict or inconsistency between the Fee Compendium and State Code or City Code, the appropriate Code shall prevail. 5. The fees, rates, penalties, assessments and charges established as Customer Service Charges, as amended by this resolution, shall remain in effect until amended by this Council. 6. This resolution shall be in full force and effect on and after July 1, 1990. ATTEST: p(g~ City Clerk APPROVED Mayor 682 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30125-62590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant 1988-89 (1-7) ........... $2,251,226.00 Community Development Block Grant 1989-90 (8-12) .......... 2,268,618.00 Community Development Block Grant 1990-91 (13-68) ......... 2,083,788.00 Revenue Community Development Block Grant 1990-91 (69-76) ......... $2,083,788.00 1) Historic Building Loans 2) Downtown Design Assistance 3) Downtown Facade Grants 4) Unprogrammed CDBG 5) Quick Response to Emergencies 6) Deanwood 7) Shaffers Crossing 8) N.W. Curb and Gutter 9) Azalea Gardens 10) Fairfax Avenue Clearance 11) Critical Home Repair 12) Quick Response to Emergencies 13) RRHA General Administration 14) Critical Home Repair Support 15) Private Loan Support 16) Private Subsidy Support 17) Rental Rehab Support 18) Operation Paint- Brush Support 19) Deanwood Expansion Support 20) Shaffers Crossing 21) Fairfax Aveniue Clear. Support 22) Home Purchase Assist. Support 23) Quick Response to Emerg. Support 24) 319 Harrison Acquis. Support 25) Travel/Education - Grants Compl. (035-088-8837-5169) (035-088-8837-5200) (035-088-8837-5201) (035-088-8840-5183) (035-088-8820-5203) (035-088-8830-5131) (035-088-8830-5145) (035-089-8937-5190) (035-089-8937-5204) (035-089-8920-5172) (035-089-8920-5101) (035-089-8920-5203) (035-090-9010-5035) (035-090-9010-5036) (035-090-9010-5037) (035-090-9010-5038) (035-090-9010-5039) (035-090-9010-5048) (035-090-9010-5044) (035-090-9010-5047) (035-090-9010-5033) (035-090-9010-5034) (035-090-9010-5076) (035-090-9010-5077) (035-090-9015-5081) $( 75,000.00) 10,000.00 65,000.00 1,583.00) 1,583.00 42,871.00) 42,871.00 200,000.00 156,000.00 30,000.00 6,065.00 7,935.00 96,050.00 34,240.00 40,280.00 26,177.00 50,350.00 34,240.00 20,000.00 19,670.00 51,000.00 22,150.00 40,280.00 2,460.00 2,000.00 683 73) Coca Cola UDAG Repayment 74) Market Building Float Loan Int. 75) Misc. Loan Pay- ments 76) Mi sc. Loan Pay- ments (035-035-1234-9110) (035-035-1234-9121) (035-035-1234-9109) (035-035-1234-9115) $400,000.00 16,110.00 2,881.00 564.00 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 June, 1990. No. 30126-62590. 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 1990-1991; 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: The City of Roanoke hereby accepts the offer of the United States Department of Housing and Urban Development, under date of June 18, 1990, of a grant of Community Development Block Grant funds for Program Year 1990-1991 amounting to $1,563,000, to fund certain com- munity 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 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: --9. City Clerk APPROVED Mayor 684 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30127-62590. 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 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 CodeoftheCityofRoanoke(1979),asamended, acopyof 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1990. No. 30129A-70290. A RESOLUTION recognizing the HONORABLE HOWARD E. MUSSER to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable Howard E. Musser received the largest number of votes of any candidate running for Council in the regular Councilmanic election held on the first Tuesday in May, 1990, and was, therefore, elected Vice-Mayor of the City for a term which commenced July 1, 1990, as provided by §4 of the Charter of the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Howard E. Musser be, and he is hereby recognized to be a duly elected member of the Council of said City for a term commencing on July 1, 1990, and continuing for a period of four years and until his successor shall have been elected and qualified, and to be the duly elected Vice-Mayor of the City for a term commencing July 1, 1990, and continuing for a period of two years and until his successor shall have been elected and qualified. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 1990. No. 30129B-70290. A RESOLUTION recognizing the services of the HONORABLE BEVERLY T. FITZPATRICK, JR., as Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable Beverly T. Fitzpatrick, Jr., was elected Vice-Mayor of the City of Roanoke by virtue of receiving the largest number of votes in the Councilmanic election held on the first Tuesday of May, 1988, and served in this office from July 1, 1988, to June 30, 1990; and WHEREAS, Mr. Fitzpatrick has served diligently and with distinction as Vice-Mayor, performing the many and varied responsibilities required of him as Vice-Mayor in a selfless manner while also honorably discharging his other duties on the City Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Mayor and Members of this body do hereby recognize and commend the Honorable Beverly T. Fitzpatrick, Jr., for his outstanding service as Vice-Mayor of this City and assure him of their continued support as he con- tinues to serve as a Member of Council. 2. An attested copy of this Resolution, approved by the Mayor, shall be presented to Mr. Fitzpatrick. ATTEST: City Clerk APPROVED 685 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30127-62590. 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 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 CodeoftheCityofRoanoke(1979),asamended, acopyof 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. ATTEST: City Clerk APPROVED Mayor 686 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of June, 1990. No. 30128-62590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Water Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay from Revenue $ 1,970,889.00 Falling Creek Plant Rehab. Phase I (1) ................. 1,301,881.00 RETAINED EARNINGS Retained Earnings - Unrestricted (2) ................... $14,633,705.00 1) Appr. from General Revenue 2) Retained Earnings - Unrestricted (002-056-8359-9003) $ 1,055,000.00 (002-3336) (1,055,000.00) 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 June, 1990. No. 30129-62590. AN ORDINANCE accepting the bid of Acorn Construction, Ltd., for certain water treatment plant equipment and renovations for the Falling Creek Water Plant, upon certain terms and conditions, and awarding a contract therefor; 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 $1,004,119.00, for Phase II of the renovations of the Falling Creek Water Plant, the phasing of such project having been authorized by Ordinance No. 29863-112089, dated November 20, 1989, and as set forth more particularly in the bid committee report to this Council dated June 25, 1990, such bid being in compliance with the City's plans and specifications made therefor, 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. 687 ATTEST: City C1 erk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30135-70990. A RESOLUTION approving and adopting the Greater Deyerle Neighborhood Plan as an element of the City's Comprehensive Development Plan (1985-2005). WHEREAS, Plan and has recommended that it be adopted as an element of the City's Comprehensive Development Plan (1985-2005); and WHEREAS, the notice and public hearing requirements, required to be met by §15.1-450, Code of Virginia (1950), as amended, before Council may adopt and approve an element of the Comprehensive Plan, have been met. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council approves and adopts as an element of the City's Comprehensive Development Plan (1985-2005), the Greater Deyerle Neighborhood Plan, as certified to Council by the City Planning Commission. 2. The City Clerk is directed to transmit an attested copy of this resolution to the City Planning Commission. ATTEST: ~~)-a~Y~.~ City Clerk APPROVED Mayor 688 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30136-70990. 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; 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 general obligation school bonds of the City will bear upon sale to the VPSA (the "Lump Sum Cash Payment"); The Council of the City of Roanoke (the "Council") has determined 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 capi- tal projects for school purposes. The City held a public hearing, on July 9, 1990, on the issuance of the Bonds (~s 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 dis- ability 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. 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 June 15 and December 15 (each an "Interest Payment Date"), beginning December 15, 1991, 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") 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 conclu- sively 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. 7. Prepayment or Redemption. The principal installments of the Bond held by the VPSA coming due on or before December 15, 2000, or the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before December 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 December 15, 2000, and the definitive Bonds that mature after December 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 December 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: December 15, 2000 to December 14, 2001, inclusive ....... 103% December 15, 2001 to December 14, 2002, inclusive ....... 102% December 15, 2002 to December 14, 2003, inclusive ....... 101% December 15, 2003 and thereafter ........................ 100% 689 690 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 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. 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 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. 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, 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. 691 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA City of Roanoke General Obligation School Bond Series 1990 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 , in annual installments on December 15 of the years (each a "Principal Payment Date"), together with interest on the unpaid installments at the annual rates set forth below from the date of this Bond until payment of the principal sum hereof, such interest to be payable commencing on December 15, 1991, and semi- annually thereafter on June 15 and December 15 of each year (each an "Interest Payment Date; together with any6 Principal Payment Date, a "Payment Date"), as set forth as follows: Year of Principal Interest Year of Principal Interest Maturity Amount Rate Maturity Amount Rate 1991 $ % 2001 1992 2002 1993 2003 1994 2004 1995 2005 1996 2006 1997 2007 1998 2008 1999 2009 2000 2010 $ % 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 therof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the application Payment Date. If a Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth, 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, pre- mium, 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. 6 9r2 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 July 9, 1990 and a resolution of the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denomination of $5,000 or any integral multiple thereof. 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. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered as to both principal and interest on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before December 15, 2000, and the definitive Bonds for which this Bond may be exchanged that mature on or before December 15, 2000, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after December 15, 2000, and the definitive Bonds that mature after December 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 December 15, 2000, upon payment of the prepayment or redemption pri- ces (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: December 15, 2000 to December 14, 2001, inclusive ........ 103% December 15, 2001 to December 14, 2002, inclusive ........ 102% December 15, 2002 to December 14, 2003, inclusive ........ 101% December 15, 2003 and thereafter ......................... 100% Provided, however, that while the Virginia Public School Authority is the registered owner of this Bond or of all the definitive Bonds outstanding, the City shall not call this Bond for prepayment or redemption prior to its stated maturity without first obtaining the written consent of the Virginia Public School Authority. 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) days and not less than thirty (30) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia, and provision has been made for the levy and collection of an annul 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 · 1990. 693 (SEAL) ATTEST: CITY OF ROANOKE, VIRGINIA Clerk, Council of the City of Roanoke, Virignia ATTEST: ~ City Clerk Mayor, City of Roanoke, Virginia APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30137-70990. AN .ORDINANCE authorizing the execution of Amendments to the Consolidation Agreement between the City of Roanoke (hereinafter "City") and the County of Roanoke (hereinafter "County") dated February 28, 1990; authorizing the filing with the Circuit Courts for the City and the County of such Amendments; authorizing the City Attorney to file such petitions, pleadings, certificates and other legal papers with Federal and State courts and admini- strative agencies as are deemed necessary and proper to permit a referendum on consolidation; directing the City Clerk to forward an attested copy of this ordinance to the Clerk of the Board of Supervisors of the County, the Clerk of the Town of Vinton Council, the Clerk of the City of Salem Council and the Judges of the Circuit Courts for the City and the County; and providing for an emergency. WHEREAS, by Ordinance No. 29943, adopted February 20, 1990, this Council authorized the execution of a Consolidation Agreement between the City and the County; WHEREAS, such Consolidation Agreement, dated February 28, 1990, was duly executed by the appropriate officials of the City and the County and filed with the Circuit Courts for the City and the County; WHEREAS, the City and the County are now desirous of effecting certain Amendments to such Consolidation Agreement; WHEREAS, such Amendments have been published once a week for four con- secutive weeks in the Roanoke Times & World News pursuant to §15.1-1137, Code of Virginia (1950), as amended, and the same publication has given public notice of a public hearing to be held before the Council at 7:30 p.m. on July 9, 1990, at which all citizens shall be accorded the opportunity to comment with respect to the Amendments to the Consolidation Agreement and the adoption of a measure authorizing execution of such Amendments on behalf of the City; WHEREAS, such public hearing has been held as advertised, and all citi- zens desiring to comment with respect to such Amendments and the adoption of this ordinance have been accorded such opportunity; and 6 '9 4 WHEREAS, the City Consolidation Negotiating Team of Howard E. Musser, Vice-Mayor, Beverly T. Fitzpatrick, Jr., Member of City Council, and Wilburn C. Dibling, Jr., City Attorney, have recommended to City Council that such Amendments be approved by City Council, executed on behalf of this City and filed with the Circuit Courts for the City and the County; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Mayor is hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendments, dated July 11, 1990, to the Con- solidation Agreement between the City and the County, a copy of which is on file in the Office of the City Clerk. 2. The Amendments and other legal documents authorized by this ordi- nance shall be approved as to form by the City Attorney. 3. The City Attorney shall be authorized to file, for and on behalf of the City, any petitions, pleadings, applications, certificates and other legal papers with Federal and State courts and administrative agencies as are deemed necessary and proper by him to permit the question of consolidation to be considered at referendum on November 6, 1990, or as soon thereafter as possible. 4. The City Clerk is directed to forward an attested copy of this ordinance to the Clerk of the Board of Supervisors of the County, the Clerk of the Vinton Town Council, the Clerk of the City of Salem council and the Judges of the Circuit Courts for the City and the County. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30138-70990. AN ORDINANCE accepting the bid of HICO, Inc., for the removal of asbestos containing materials inside the A & P Building and in the roofing material of the A & P Building, 28 Salem Avenue, S. E., Roanoke, Virginia, 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 HICO, Inc., in the total amount of $28,276.00 and 15 consecutive calendar days, for the removal of asbestos containing materials inside the A & P Building and in the roofing material of the A & P Building, 28 Salem Avenue, S. E., Roanoke, Virginia, 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 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. 695 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, respec- tively, the requisite contract with the successful bidder, based on its propo- sal made therefor and the City's specificationsmade 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 Counci 1. 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 9th day of July, 1990. No. 30139-70990. 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 $64,248,538.00 Instruction (1-8) ................................. 45,439,629.00 Revenue Grants-in-Aid Commonwealth $52,049,835.00 Education (9) ..................................... 28,771,610.00 Charges for Services 6,127,217.00 Education (10-11) ................................. 2,145,911.00 Capital Projects Fund Appropriations Education $12,009,567.00 Renovation-Crystal Spring Elementary School (12).. 2,000,000.00 Revenue Due from State Literary Loan (13) ...................... $ 2,000,000.00 696 Grant Fund Appropriations Education Special Education Inservice (14) .................. Flow Through 1990-91 (15-29) ...................... Child Development Clinic 1990-91 (30-37) .......... Child Specialty Services 1990-91 (38-45) .......... Juvenile Detention Home 1990-91 146-54) ........... Special Education Tuition 1990-91 (55) ............ GED Testing 1990-91 (56-57) ....................... Marketin9 Education Regional Coordinator 1990-91 (58-64) .................. Apprenticeship 1990-91 (65-71) .................... Impact Aid 1990-91 (72-76) ........................ Grants Management 1990-91 (77-82) ................. Governor's Technology Initiative 1990-91 (83) ..... $18,139,715.00 5,827.00 719,178.00 53,132.00 66,181.00 73,497.00 250,000.00 7,840.00 45,527.00 107,350.00 32,300.00 30,292.00 115,080.00 Revenue Education Special Education Inservice (84) .................. Flow Through 1990-91 (85-86) ...................... Child Development Clinic 1990-91 (87) ............. Child Specialty Services 1990-91 (88) ............. Juvenile Detention Home 1990-91 (89) .............. Special Education Tuition 1990-91 (90) ............ GED Testin9 1990-91 (91) .......................... Marketing Education Regional Coordinator 1990-91 (92) ..................... Apprenticeship 1990-91 (93-94) .................... Impact Aid 1990-91 (95) ........................... Grants Management 1990-91 (96) .................... Governors Technology Initiative 1990-91 (97) ...... $18,139,715.00 5,827.00 719,178.00 53,132.00 66,181.00 73,497.00 250,000.00 7,840.00 45,527.00 107,350.00 32,300.00 30,292.00 115,080.00 1) Special Ed. - Teachers 2) Special Ed. - Aides 3) Social Security 4) State Retirement 5) Health Insurance 6) Group Life Insurance 7) Special Ed. Tuition 8) Instructional Materials 9) State Basic Aid 10) Rental of Faciltiy 11) Special Ed. Tuition 12) Aprop. From Literary Fund Loan 13) Due fr. State Literary Loan 14) Inservice Training 15) Coordinator 16) Teachers 17) Classroom Aides 18) Social Security 19) State Retirement 20) Health Insur. (001-060-6001-6129-0121 (001-060-6001-6129-0141 (001-060-6001-6129-0201 (008-060-6001-6129-0202 (001-060-6001-6129-0204) (001-060-6001-6129-0205) (001-060-6001-6329-0312) (001-060-6001-6329-0614) (001-060-6000-0631) (001-060-6000-0804) (001-060-6000-0807) (001-060-6073-6896-0851) (008-1161) (035-060-6582-6229-0587) (035-060-6583-6453-0124) (035-060-6583-6453-0121) (035-060-6583-6453-0141) (035-060-6583-6453-0201) (035-060-6583-6453-0202) (035-060-6583-6453-0128) ) $ ) ) ) 151,837.00 65,230.00 16,605.00 36,380.00 15,675.00 2,323.00 328,065.00 6,077.00 (52,800.00) 86,486.00 588,506.00 2,000,000.00 2,000,000.00 5,827.00 46,440.00 326,304.00 52,920.00 32,563.00 66,439.00 24,225.00 21) State Group Life Insur. 22) Bus Aides 23) Social Security 24) Health Insur. 25) Contracted Heal th Svcs. 26) Service Contracts 27 ) Travel 28) Inservice 29) Supplies 30) Educational Coordinator 31) Social Security 32) State Retirement 33) Health Insur. 34) State Group Life Insur. 35) Indirect Costs 36) Travel 37) Instructional Supplies 38) Educational Coordinator 39) Social Security 40) State Retirement 41) Health Insur. 42) State Group Life Insur. 43) Indirect Costs 44) Travel 45) Instructional Supplies 46) Educational Coordinators 47) Substitutes 48) Social Security 49) State Retirement 50) Health Insur. 51) State Group Life Insur. 52) Indirect Costs 53) Travel 54) Instructional Supplies 55) Tuition - Private Schools 56) GED Examiners 57) Social Security 58) Coordinator 59) Social Security 60) State Retirement 61) Health Insur. 62) State Group Life Insur. 63) Local Travel 64) Conference Travel 65) Coordinator 66) Social Security (035-060-6583-6453-0205) (035-060-6583-6553-0142) (035-060-6583-6553-0201) (035-060-6583-6553-0128) (035-060-6583-6553-0311) (035-060-6583-6553-0332) (035-060-6583-6553-0554) (035-060-6583-6553-0587) (035-060-6583-6553-0614) (035-060-6584-6554-0138) (035-060-6584-6554-0201) (035-060-6584-6554-0202) (035-060-6584-6554-0128) (035-060-6584-6554-0205) (035-060-6584-6554-0212) (035-060-6584-6554-0551) (035-060-6584-6554-0614) (035-060-6585-6554-0138) (035-060-6585-6554-0201) (035-060-6585-6554-0202) (035-060-6585-6554-0128) (035-060-6585-6554-0205) (035-060-6585-6554-0212) (035-060-6585-6554-0551) (035-060-6585-6554-0614) (035-060-6586-6554-0138) (035-060-6586-6554-0021) (035-060-6586-6554-0201) (035-060-6586-6554-0202) (035-060-6586-6554-0128) (035-060-6586-6554-0205) (035-060-6586-6554-0212) (035-060-6586-6554-0551) (035-060-6586-6554-0614) (035-060-6587-6329-0312) (035-060-6742-6550-0121) (035-060-6742-6550-0201) (035-060-6743-6333-0124) (035-060-6743-6333-0201) (035-060-6743-6333-0202) (035-060-6743-6333-0128) (035-060-6743-6333-0205) (035-060-6743-6333-0551) (035-060-6743-6333-0554) (035-060-6744-6138-0121) (035-060-6744-6138-0201) 697' 4,555.00 42,120.00 3,222.00 9,975.00 92,000.00 4,300.00 4,145.00 1,050.00 8,920.00 38,287.00 2,929.00 6,417.00 1,425.00 410.00 1,914.00 1,300.00 450.00 48,288.00 3,694.00 8,093.00 1,425.00 517.00 .2,414.00 1,300.00 450.00 52,918.00 650.00 4,098.00 8,869.00 2,850.00 566.00 2,646.00 200.00 700.00 250,000.00 7,282.00 558.00 31,959.00 2,445.00 5,356.00 1,425.00 342.00 3,500.00 500.00 43,464.00 6,905.00 698 BE shall be in ATTEST: 67) State Retirement 68) Health Insur. 69) State Group Health Insur. 70) Part Time Instructors 71) Travel 72) Coordinator, Grants and Research 73) Social Security 74) State Retirement 75) Health Insur. 76) State Group Life Insur. 77) Coordinator, Grants and Research 78) Clerical 79) Social Security 80) State Retirement 81) Health Insur. 82) State Group Life Insur. 83) Computers 84) State Grant Receipts 85) State Grant Receipts 86) Federal Grant Receipts 87) State Grant Receipts 88) State Grant Receipts 89) State Grant Receipts 90) State Grant Receipts 91) Fees 92) State Grant Receipts 93) State Grant Receipts 94) Fees 95) Federal Grant Receipts 96) Federal Grant Receipts 97) State Grant Receipts (035-060-6744-6138-0202) (035-060-6744-6138-0128) (035-060-6744-6138-0205) (035-060-6744-6138-0313) (035-060-6744-6138-0551) (035-060-6964-6665-0138) (035-060-6964-6665-0201) (035-060-6964-6665-0202) (035-060-6964-6665-0128) (035-060-6964-6665-0205) (035-060-6965-6665-0138) (035-060-6965-6665-0151) (035-060-6965-6665-0201) (035-060-6965-6665-0202) (035-060-6965-6665-0128) (035-060-6965-6665-0205) (035-060-6966-6302-0821) (035-060-6582-1100) (035-060-6583-1100) (035-060-6583-1102) (035-060-6584-1100) (035-060-6585-1100) (035-060-6586-1100) (035-060-6587-1100) (035-060-6742-1103) (035-060-6743-1100) (035-060-6744-1100) (035-060-6744-1103) (035-060-6964-1102) (035-060-6965-1102) (035-060-6966-1100) IT FURTHER ORDAINED that, an emergency effect from its passage. APPROVED City Clerk $ 7,285.00 .1,425.00 466.00 46,805.00 1,000.00 24,605.00 1,882.00 4,124.00 1,425.00 264.00 4,825.00 18,182.00 1,761.00 3,855.00 1,425.00 244.00 115,080.00 5,827.00 180,428.00 538,750.00 53,132.00 66,181.00 73,497.00 250,000.00 7,840.00 45,527.00 97,824.00 9,526.00 32,300.00 30,292.00 115,080.00 existing, this Ordinance Mayor 699 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of July, 1990. No. 30140-70990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY90 $ 1,919,729.00 Technical Assistance Funds (1-2) ................... 2,857.00 EDWAA Title III (3) ................................ 101,768.00 Revenue Fifth District Employment & Training Consortium - FY90 $ 1,919,729.00 Technical Assistance Funds (4) ...................... 2,857.00 EDWAA Title III (5) ................................ 101,768.00 1) VWCC 2) Funding Authority 3) Funding Authority 4) Technical Assist. Rev. 5) EDWAA Revenue (034-054-9083-8171) (034-054-9083-9990) (034-054-9081-9990) (034-034-1234-9083) (034-034-1234-9081) $ 306.00 2,551.00 5,000.00 2,857.00 5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~m.~-~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30141-70990. 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 $ 74,122.00 FY91 Challenge Grant (1) ............................ 4,250.00 700' Revenues Parks, Recreation and Cultural $ 74,122.00 FY91 Challenge Grant (2) ............................ 4,250.00 1) Subsidies (035-054-8725-3700) $ 4,250.00 2) State Grant Revenue (035-035-1234-7077) 4,250.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: -r,--. % City Clerk Mayor 1~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30142-70990. A RESOLUTION accepting a Local Government Challenge Grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke that the City hereby accepts the Local Government Challenge Grant in the amount of $4,250.00 awarded the City by the Virginia Commission for the Arts for the benefit of the Arts Council of Roanoke Valley, and the City Manager is hereby authorized to execute such grant and any conditions or assurances related thereto. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of July, 1990. No. 30143-70990. 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 $ 847,741.00 Federal Forfeited Property Program (1) ............... 267,110.00