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HomeMy WebLinkAbout25646-6/26/82 - 26419-3/14/83IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1981. No. 25646. AN ORDINANCE amending Section F-105.5.1, Penalty for violations, of the Fire Prevention Code of the City of Roanoke, as set out in Section 12-18, Amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, adding a new Section 20-74, Parking, Stopping or standing in a fire lane, amending subsections (b)(1) and (e) and adding a new subsection (b)(4) to Section 20-89, Penalties for unlawful parking, of Article IV, Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, making it a traffic infraction for a person to park, stop or stand a vehicle in a designated fire lane; providing a penalty for the same; increasing the penalty for violations of the parking regulations on the property of the Virginia Western Community College; and providing for an effective date and for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section F-105.5.1, Penalty for violations, of the Fire Prevention Code of the City of Roanoke, as set out in Section 12-18, Amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, be amended to read and provide as follows: Section 12-18. Amendments. "F-105.5.1. Penalty for violations: Any person, firm or corporation violating any of the provisions of this Code, except for Section F-311.3, or failing to comply with any order issued pursuant to any section thereof, shall be guilty of a Class 1 misdemeanor, or, in the case of a violation of Section F-311.3, a violator shall be guilty of a traffic infraction and subject to the penalties set out in Section 20-89, Code of the City of Roanoke (1979), as amended. 2. That Article IV, Stopping, standing and parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, be amended by the addition of a new section, Section 20-74, Parking, stopping or standing in a fire lane, and by the amendment of subsections (b)(1) and (e) and the addition of a new subsection (b)(4) to Section 20-89, Penalties for unlawful parking, such to read and provide as follows: Section 20-74. Parking, stopping or standing in a fire lane. No person shall park, stop or stand a vehicle in or otherwise obstruct a fire lane designated and marked by the fire marshal in accordance with Sections F-311.1, et seq., of the Fire Prevention Code of the City of Roanoke. Section 20-89. Penalties for unlawful parking. (b)(1) A penalty of five dollars ($5.00) may be paid for a violation of Section 20-69, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof, or prior to the receipt of notice from the City sent pursuant to Section 46.1-179.01, Code of Virginia (1950), as ameneed, whichever is later. If not paid within ten (10) days, a notice pursuant to Section 46.1-179.01 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 a penalty of ten dollars ($10.00) within five (5) days of receipt of such notice. (b)(4) A penalty of ten dollars ($10.00) may be paid for a violation of Section 20-74, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof, or prior to the receipt of a notice from the city sent pursuant to Section 46.1-179.01, Code of Virginia (1950), as amended, whichever is later. If not paid within ten (10) days, a notice pursuant to Section 46.1-179.01 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 a penalty of fifteen dollars ($15.00) within five (5) days of receipt of such notice. (e) Every person tried and convicted of a violation of Section 20-69 shall be fined not less than five dollars ($5.00) and not more than twenty dollars ($20.00), inclusive of the penalty set forth above for a violation of this section. Unless ordered otherwise by the judge in whose court the violation is tried, or in which the same is cognizable, all fines and penalties arising under this section shall be paid into the city treasury. 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, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of June, 1981. No. 25647. AN ORDINANCE amending and reordaining Section 2-178, Fee for bad checks tendered to city, of the Code of the City of Roanoke (1979), as amended, to provide for imposition upon persons tendering bad checks to the City of a fee in the maximum amount permitted by Section 15.1-29.4, Code of Virginia (1950), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-178, Fee for bad checks tendered to city, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 2-178. Fee for bad checks tendered to city. If any bank upon which an uncertified check tendered to the city shall refuse payment upon such check due to insufficient funds in the account of the drawer, no account in the name of the drawer or account of the drawer closed, and such check shall be returned to the city ,~ unpaid, a fee in the maximum amount permitted by Section 15.1-29.4,~' Code of Virginia (1950), as amended, shall be imposed upon the person from whom such payment is due to the city. This fee shall apply to checks tendered for any taxes, fees or any other sums due to the city and shall be in addition to any other penalties imposed by law. Fees collected by the city under this section shall be deposited in the general fund. 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 26th day of June, 1981. No. 25649. A RESOLUTION establishing certain fees, rates, assessments and charges to be levied by the City on and after July 1, 1981, and suspending Resolution No. 25580 and Ordinance No. 25581, both adopted May 11, 1981. WHEREAS, it is the policy of this Council that City fees for special services should approximate the cost of such services; WHEREAS, many of the fees, rates, assessments and charges levied by the City for processing of applications, inspections, licenses and other services have become outdated; and WHEREAS, this Council is desirous of revising many fees, rates, assessments and charges of the City to insure that all such charges are equitable, up-to-date and easily accessible to the public; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The fees, rates, penalties, assessments and charges set out in the document labeled Fee Compendium, June, 1981, and attached to the City Mmnager's report, dated June 22, 1981, are hereby adopted and established to be effective on and after July 1, 1981, except that fees for bulk collection of garbage shall be the same as those in effect prior to the adoption of Resolution No. 25580, adopted on May 11, 1981, the operation of such resolution and Ordinance No. 25581, also adopted May 11, 1981, being hereby suspended until further action of this Council, and there shall be no fee assessed for collection of individual refuse containers pending further action of this Council. 2. Such fees, rates, penalties, assessments and charges as are set forth in the Fee Compendium shall remain in effect until amended by this Council. 3. This resolution shall have no effect as to any fee, rate, penalty, assessment or charge which may be legally established only after public notice and/or hearing. 4. In case of any conflict or inconsistency between the Fee Compendium and State Code or City Code, the appropriate Code shall prevail. APPROVED ATTEST: City Clerk Mayor tN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25624. AN ORDINANCE to amend Chapter 16, Housing, Code of the City of Roanoke (1979), as amended, to provide for a new article, Article IV, Occupancy Permits, establishing a voluntary program for the issuance of occupancy permits to owners of property in specified areas of the City when such property is found to be in compliance with the Property Maintenance Code of the City of Roanoke and certain other applicable codes and standards. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 16, Housing, Code of the City of Roanoke (1979), as amended, be and is hereby amended by the addition of a new Article IV, Occupancy Permits, to read and provide as follows: Article IV. Occupancy Permits. Section 16-184. Definitions. (a) Whenever used in this article, the following terms shall have the meanings respectively ascribed to them herein, except in the instances where the context clearly indicates a different meaning: Occupancy. Uninterrupted use of a dwelling, dwelling unit, building or structure, except for temporary absences for business, vacation or other similar reasons. Occupancy permit. A written document, signed by the City Manager or one of his designated representatives, evidencing that a dwelling, dwelling unit, building or structure has been inspected and determined to be in compliance with the Property Maintenance Code of the City of Roanoke and all other applicable building and housing codes and standards. Occupy; reoccupy. The act of an owner or tenant moving into a dwelling, dwelling unit, building or structure for the purpose of using the dwelling, dwelling unit, building or structure as a place of abode or for the conduct of business. Vacant; vacated. A dwelling, dwelling unit, building or structure is deemed to be vacated and to have become vacant whenever any occupying owner or tenant ceases to use the same as a place of abode or place of business. (b) Where terms are not defined in this section and are defined in the Property Maintenance Code of the City of Roanoke, they shall have the same meanings ascribed to them in such code. Section 16-185. Authority to issue occupancy permits. In areas of the City designated by this article, or by any future amendments thereto, the City Manager and his authorized agents shall have the authority to issue an occupancy permit to any owner or agent thereof of any dwelling, dwelling unit, building or structure vacant on or after the effective date of this article, upon the occupancy, or reoccupation, of such property. The provisions of this article do not relieve any owner or agent of a newly constructed property of the requirement to obtain a certi- ficate of occupancy as required by Section 36-519, et seq., of this Code. Section 16-186. Conditions for issuance. An occupancy permit shall be issued only when the following conditions have been met: (a) The owner or agent makes application for an occupancy permit and allows an inspection of the property. (b) The property has been i~spected and determined to be in compliance with the Property Maintenance Code of the City of Roanoke and all other applicable building and housing codes and standards. Section 16-187. Procedure for issuance. The owner or agent of any vacant dwelling, dwelling unit, building or structure who applies to the City Manager for an occupancy permit shall provide such information as required by the City Manager to render a decision. Such application shall be submitted at least five (5) working days prior to the proposed date of inspection. It shall be unlawful for any person knowingly to make any false statement in an application for an occupancy permit. After receipt of an application for an occupancy permit, the City Manager shall cause an inspection to be made of the property specified in the application unless the property already is certified in accordance with Section 16-189. After the inspection, the owner or his agent will be provided a list of violations, if any, that must be corrected before an occupancy permit will be issued. Upon determination that the conditions of Section 16-186 have been met, an occupancy permit shall be issued to the applicant. Section 16-188. Duration of validity of permit. An occupancy permit once issued to an owner or agent shall remain valid for a period of five (5) years after issuance or until the property specified in the permit is sold, whichever occurs first, unless sooner terminated as a result of the findings of an investigation of a complaint by an occupant or other person to the City Manager alleging violation of the provisions of this article, the Property Maintenance Code of the City of Roanoke, or the applicable provisions of other codes or standards. During the period of validity of the occupancy permit, as recorded thereon, the owner or agent may permit change in the occupancy of the property without further application to the City Manager, provided the number of occupants permitted does not exceed the number authorized for that property as shown on the occupancy permit. Any property becoming vacant after the expiration date of an existing occupancy permit shall require the full procedures of Section 16-187 prior to the issuance of a new permit. Section 16-189. Special inspection procedures. For the convenience of owners, the City Manager may establish special inspection procedures for the purpose of expediting inspections of: (a) Occupied dwellings or dwelling units expected to be vacated within sixty (60) days. (b) Structures containing multiple dwelling units. (c) Newly constructed or rehabilitated structures. ATTEST: Section 16-190. Temporary occupancy permits. Temporary occupancy permits may be issued by the City Mmnager when existing violations pose no serious or immediate threat to the health or safety of an occupant and when the following conditions are determined to prevail: (a) The owner has been delayed in correcting violations necessary to permit the issuance of an occupancy permit but has a valid contract in writing with a qualified person or firm for the performance of work and the furnishing of the materials to correct such violations and the contract specifies the dates for commencement and completion of the work; or the owner provides an affidavit stipulating that the work is to be accomplished by the owner and specifying the date by which the work is to be completed; (b) The owner or his agent petitions the City Manager in writing for a temporary waiver of compliance with prescribed housing standards or other code or ordinance violations; and (c) The City Manager finds that the delay in the correction of the violation, and the plans for such correction are reasonable and the work can be undertaken and completed while the premises are occupied. The temporary occupancy permit shall expire at the time set forth therein. On or before the expiration of the temporary occupancy permit, a reinspection shall be made. Section 16-191. Appeal from decision of City Manager. (a) Any applicant for an occupancy permit, who deems himself aggrieved by any decision of the City Manager or who considers compliance with such decision to pose an undue hardship, may, by written request within fifteen (15) days of such decision, and without payment of a fee, have the entire matter of his grievance heard by the property maintenance code appeals board established in the Property Maintenance Code of the City of Roanoke. The written request shall set forth in full the petitioner's grounds for contesting the decision. (b) Requests for a hearing shall be acted upon within thirty (30) days of receipt by the property maintenance code appeals board of such request. (c) In reviewing appeals, the property maintenance code appeals board shall have all of those powers delegated to it pursuant to the Property Maintenance Code of the City of Roanoke. Section 16-192. Effective date and applicability of article generally. The provisions of this article shall become effective in the areas specified and on the dates indicated in Section 16-193. In the specified areas, the provisions of this article shall be applicable to all dwellings, dwelling units, buildings and structures vacant on the effective date indicated or becoming vacant thereafter. Section 16-193. Effective date specified for certain areas; standards applicable. (a) The provisions of this article shall be applicable only to those areas of the City for which the City Council has approved a conservation plan pursuant to the provisions of the Virginia Housing Authorities Law, Section 36-1, et seq., Code of Virginia (1950), as amended, and, in addition, which areas meet all of the following criteria: (1) The area has a viable neighborhood, community or similar organization; (2) The area's neighborhood, community or similar organization has voted to permit the provi- sions of this article to apply to such area; (3) City Council has designated the area as one to which the provisions of this article apply, and has established an effective date for the applicability thereof. (b) The provisions of this article shall become effective in the areas designated below as of the dates specified: Mountain View neighborhood ...... September 1, 1981. APPROVED City Clerk Mayor 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25648. AN ORDINANCE adding a new section 6-42.1, License fee imposed, to Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, to provide for fees to be charged for individual dog licenses and for kennels on and after January 1, 1982; repealing Section 6-42, Tax imposed, effective January 1, 1982; and amending and reordaining Section 6-43, When tax due and payable, to extend the coverage of Section 6-43 to new Section 6-42.1. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of a new section 6-42.1 to read and provide as follows: Section 6-42.1. License fee imposed. (a) On and after January 1, 1982, a license fee is hereby imposed on dogs required to be licensed under this division in the following amounts: (1) Each female dog ...................... $10.00 (2) Each male dog ........................ 7.50 (3) Each spayed or neutered dog .......... 5.00 (4) Kennel for twenty (20) or less dogs.. 20.00 (5) Kennel for thirty (30) or less dogs.. 25.00 (6) Kennel for forty (40) or less dogs... 30.00 (7) Kennel for fifty (50) or less dogs... 35.00 (b) No kennel for more than fifty (50) dogs shall be licensed or permitted in the City. No kennel license shall be issued unless the applicant for such license presents a valid business license issued by the Commissioner of Revenue for such kennel operation. (c) No license fee shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as hearing dog for a deaf or hearing impaired person. As used in this section "hearing dog" means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond. 2. Effective January 1, 1982, Section 6-42, Tax imposed, Code of the City of Roanoke (1979), as amended, is REPEALED. 3. Section 6-43, When tax due and payable, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 6-43. When fee due and payable. The license fee imposed on dogs by Sections 6-42 and 6-42.1 shall be due and payable as follows: (i) On or before January first and not later than January thirty-first of each year, the owner of any dog six (6) months old or older shall pay such fee. (2) If a dog shall become six (6) months of age or come into the possession of any person between January first and November first of any year, the license fee for the current calendar year shall be paid forthwith by the owner. (3) If a dog shall become six (6) months of age or come into the possession of any person between October thirty-first and December thirty-first of any year, the license fee for the succeeding calen- dar year shall be paid forthwith by the owner, and such license shall protect such dog from the date of purchase. ATTEST: City Clerk APPROVED Mayor 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25654. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund 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 1981-82 Grant Programs Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City School Grants Title IV-C ISIS 81-82 (1-4) ............................. Flow-Through 81-82 (5-6) ................................ Transitional Services 81-82 (7-9) ....................... Roanoke Memorial Hospital 81-82 (10-14) ................. Child Development Clinic 81-82 (15-19) .................. Bureau of Crippled Children 81-82 (20-24) ............... Apprenticeship Program 81-82 (25-29) .................... $4,066,792.00 8,520.00 62,496.00 6,000.00 23,748.00 34,506.00 34,870.00 92,867.00 REVENUE Roanoke City School Grants Title IV-C ISIS 81-82 (30) .............................. Flow-Through 81-82 (31-32) .............................. Transitional Services 81-82 (33) ........................ Roanoke Memorial Hospitals (34) ......................... Child Development Clinic 81-82 (35) ..................... Bureau of Crippled Children 81-82 (36) .................. Apprenticeship Program 81-82 (37) ....................... 4,066,792.00 8,520.00 62,496.00 6,000.00 23,748.00 34,506.00 34,870.00 92,867.00 (1) Consultant (A35420620010) (2) Evaluation Services (A35420620016) (3) Supplies (A35420630005) (4) Travel (A35420633005) (5) Professional Salaries (A35450810030) ...... (6) Fringe Benefits (A35450811070) (7) Supplies (A35450930005) (8) Travel (A35450933005) (9) Equipment (A35450990005) (10) Salary (A35451010002) (11) Fringe Benefits (A35451011070) (12) Supplies (A35451030005) (13) Travel (A35451033005) (14) Indirect Costs (A35451035040) (15) Salary (A35451110002) (16) Fringe Benefits (A35451111070) (17) Supplies (A35451130005) (18) Travel (A35451133005) (19) Indirect Costs (A35451135040) (20) Salary (A35451210002) (21) Fringe Benefits (A35451211070) (22) Supplies (A35451230005) (23) Travel (A35451233005) (24) Indirect Costs (A35451235040) (25) Coordinator (A35470510002) (26) Teachers (A35470510030) (27) Fringe Benefits (A35470511070) (28) Supplies (A35470530005) (29) Travel (A35470533005) (30) Federal Grant Receipts (R35420621) (31) Federal Grant Receipts (R35450821) (32) State Grant Receipts (R35450825) (33) Federal Grant Receipts (R35450921) (34) State Grant Receipts (R35451025) (35) State Grant Receipts (R35451125) (36) State Grant Receipts (R35451225) (37) State Grant Receipts (R35470525) $ 400.00 200.00 7,620.00 300.00 50,198.00 12,298.00 3,288.00 2,000.00 712.00 17,900.00 4,117.00 400.00 200.00 1,131.00 25,620.00 5,893.00 350.00 1,000.00 1,643.00 26,188.00 6,023.00 350.00 1,000.00 1,309.00 23,400.00 58,272.00 9,695.00 500.00 1,000.00 8,520.00 50,198.00 62,496.00 6,000.00 23,748.00 34,506.00 34,870.00 92,867.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25655. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaine~ to read as follows, in part: APPROPRIATIONS Roanoke City School Grants Title I Carryover 79-80 (1) ............................... ESEA Title I Winter 80-81 (2) ............................. Title IV-C In-School-Suspension (3) ....................... Title IV-C P.L. 89-10 CAP (4) ............................. Title IV-C STAY (5) ....................................... Title IV-C Project CAP 80-81 (6) .......................... Title IV-B Library 80-81 (7) .............................. Title VI 80-81 (8) ........................................ ESAA Special Arts Project (9) ............................. ESAA Special Arts 80-81 (10) .............................. ESAA Title VII 79-80 (11) ................................. CETA Title IID PSE 80-81 (12) ............................. CETA Title IV YETP 80-81 (13) ............................. Title VI Community Education 80-81 (14) ................... Child Development Clinic 80-81 (15) ....................... Bureau of Crippled Children 80-81 (16) .................... Roanoke Memorial Hospital 80-81 (17) ...................... Juvenile Detention Home 80-81 (18) ........................ Flow-Through 80-81 (19) ................................... Transitional Services 80-81 (20) .......................... Special Education In-Services 80-81 (21) .................. Project Reach 79-80 (22) .................................. Safety First Program 80-81 (23) ........................... Highway Safety 79-80 (24) ................................. Adult Education ABE/DIAL (25) ............................. Adult Education-Apprenticeship Program (26) ............... Vocational Guidance Program (27) .......................... Special Education Vocational Program 80-81 (28) ........... Architect-In-Schools 80-81 (29) ........................... Composer-In-Residence 1981 (30) ........................... Indochinese Refugee Program (31) .......................... Nutrition Education & Training Program (32) ............... Low Rent Housing P.L. 874 81-82 (33) ...................... Refugee Children 81-82 (34) ............................... $4,066,792.00 189,828.00 985,243.00 5,248.00 67,000.00 7,300.00 85,000.00 44,277.00 366,086.00 29,170.00 25,000.00 370,664.00 182,188.00 200,000.00 35,090.00 34,293.00 28,799.00 23,533.00 23,297.00 395,915.00 3,480.00 5,000.00 340,749.00 16,100.00 10,838.00 69,725.00 88,269.00 4,750.00 6,960.00 8,000.00 1,750.00 4,416.00 11,236.00 124,263.00 10,318.00 REVENUE Roanoke City School Grants Title I Carryover 79-80 (35) .............................. ESEA Title I Winter 80-81 (36) ............................ Title IV-C In-School-Suspension (37) ..................... Title IV-C P.L. 89-10 CAP (38) ............................ Title IV-C STAY (39) ...................................... Title IV-C Project CAP 80-81 (40) ......................... Title IV-B Library 80-81 (41) ............................. Title VI 80-81 (42) ....................................... ESAA Special Arts Project (43) ............................ ESAA Special Arts 80-81 (44) .............................. ESAA Title VII 79-80 (45) ................................. CETA Title IID PSE 80-81 (46) ............................. CETA Title IV YETP 80-81 (47) ............................. Title VI Community Education 80-81 (48) ................... Child Development Clinic 80-81 (49) ....................... Bureau of Crippled Children 80-81 (50) .................... Roanoke Memorial Hospital 80-81 (51) ...................... Juvenile Detention Home 80-81 (52) ........................ Flow-Through 80-81 (53-54) ................................ Transitional Services 80-81 (55) .......................... Special Education In-Services 80-81 (56) .................. Project Reach 79-80 (57) .................................. Safety First Program 80-81 (58-59) ........................ Highway Safety 79-80 (60-61) .............................. Adult Education ABE/DIAL (62-63) .......................... Adult Education-Apprenticeship Program (64) ............... Vocational Guidance Program (65) .......................... Special Education Vocational Program (66) ................. Architect-In-Schools 80-81 (67-68) ........................ Composer-In-Residence 1981 (69-70) ........................ Indochinese Refugee Program (71) .......................... Nutrition Education and Training Program (72) ............. Low Rent Housing P.L. 874 81-82 (73) ...................... Refugee Children 81-82 (74) ............................... $4,066,792.00 189,828.00 985,243.00 5,248.00 67,000.00 7,300.00 85,000.00 44,277.00 366,086.00 29,170.00 25,000.00 370,664.00 182,188.00 200,000.00 35,090.00 34,293.00 28,799.00 23,533.00 23,297.00 395,915.00 3,480.00 5,000.00 340,749.00 16,100.00 10,838.00 69,725.00 88,269.00 4,750.00 6,960.00 8,000.00 1,750.00 4,416.00 11,236.00 124,263.00 10,318.00 (1) Title I Carryover 79-80 (A35410100000) (2) ESEA Title I Winter 80-81 (A35410200000) (3) Title IV-C In-School-Suspension (A35420100000) ...... (4) Title IV-C P.L. 89-10 CAP (A35420200000) (5) Title IV-C STAY (A35420300000) (6) Title IV-C Project CAP 80-81 (A35420400000) (7) Title IV-B Library 80-81 (A35420500000) (8) Title VI 80-81 (A35430100000) (9) ESAA Special Arts Project (A35430200000) (10) ESAA Special Arts 80-81 (A35430300000) (11) ESAA Title VII 79-80 (A35430400000) (12) CETA Title IID PSE 80-81 (A35440100000) (13) CETA Title IV YETP 80-81 (A35440200000) (14) Title VI Community Education 80-81'(A35440300000)--- (15) Child Development Clinic 80-81 (A35450100000) (I6) Bureau of Crippled Children 80-81 (A35450200000) .... (17) Roanoke Memorial Hospital 80-81 (A35450300000) ...... (18) Juvenile Detention Home 80-81 (A35450400000) (19) Flow-Through 80-81 (A35450500000) (20) Transitional Services 80-81 (A35450600000) (21) Special Education In-Services 80-81 (A35450700000)-- (22) Project Reach 79-80 (A35451300000) (23) Safety First Program 80-81 (A35460100000) (24) Highway Safety 79-80 (A35460200000) (25) Adult Education ABE/DIAL (A35470100000) (26) Adult Education Apprenticeship Program (A35470200000) (27) Vocational Guidance Program (A35470300000) (28) Special Education Vocational Program 80-81 (A35470400000) (29) Architect-In-Schools 80-81 (A35480100000) (30) Composer-In-Residence 1981 (A35480200000) (31) Indochinese Refugee Program (A35490100000) (32) Nutrition Education & Training Program (A35490200000) (33) Low Rent Housing P.L. 874 81-82 (A35490300000) ...... (34) Refugee Children 81-82 (A35490400000) (35) Federal Grant Receipts (R35410121) (36) Federal Grant Receipts (R35410221) (37) Federal Grant Receipts (R35420121) (38) Federal Grant Receipts (R35420221) (39) Federal Grant Receipts (R35420321) (40) Federal Grant Receipts (R35420421) (41) Federal Grant Receipts (R35420521) (42) Federal Grant Receipts (R35430121) (43) Federal Grant Receipts (R35430221) (44) Federal Grant Receipts (R35430321) (45) Federal Grant Receipts (R35430421) (46) Federal Grant Receipts (R35440121) (47) Federal Grant Receipts (R35440221) (48) Federal Grant Receipts (R35440321) (49) State Grant Receipts (R35450125) (50) State Grant Receipts (R35450225) (51) State Grant Receipts (R35450325) (52) State Grant Receipts (R35450425) (53) Federal Grant Receipts (R35450521) (54) State Grant Receipts (R35450525) (55) Federal Grant Receipts (R35450621) (56) State Grant Receipts (R35450725) (57) Federal Grant Receipts (R35451321) (58) Federal Grant Receipts (R35460121) (59) Local Match (R35460131) (60) Federal Grant Receipts'(R35460221) (61) Local Match (R35460231) (62) Federal Grant Receipts (R35470121) (63) Local Match (R35470131) (64) State Grant Receipts (R35470225) (65) Federal Grant Receipts (R35470321) (66) State Grant Receipts (R35470425) (67) Federal Grant Receipts (R35480121) (68) Local Match (R35480131) (69) Federal Grant Receipts (R35480221) (70) Local Match (R35480231) (71) Federal Grant Receipts (R35490121) (72) Federal Grant Receipts (R35490221) (73) Federal Grant Receipts (R35490321) (74) Federal Grant Receipts (R35490421) $189,828.00 985,243.00 5,248.00 67,000.00 7,300.00 85,000.00 44,277.00 366,086.00 29,170.00 25,000.00 370,664.00 182,188.00 200,000.00 35,090.00 34,293.00 28,799.00 23,533.00 23,297.00 395,915.00 3,480.00 5,000.00 340,749.00 16,100.00 10,838.00 69,725.00 88,269.00 4,750.00 6,960.00 8,000.00 1,750.00 4,416.00 11,236.00 124,263.00 10,318.00 189,828.00 985,243.00 5,248.00 67,000.00 7,300.00 85,000.00 44,277.00 366,086.00 29,170.00 25,O00.00 370,664.00 182,188.00 200,000.00 35,090.00 34,293.00 28,799.00 23,533.00 23,297.00 317,830.00 78,085.00 3,480.00 5,000.00 340,749.00 8,050.00 8,050.00 7,675.00 3,163.00 59,000.00 10,725.00 88,269.00 4,750.00 6,960.00 4,500.00 3,500.00 900.00 850.00 4,416.00 11,236.00 124,263.00 10,318.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 10 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25656. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Program Fund 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 1981-82 Grant Programs Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Community Development Block Grant B-79-MC-51-0020 (A356679) Highland Park Revitalization (1-2) ..................... $2,665,087.02 331,654.00 (1) Parks, Playgrounds & Other (A35667900303) (2) Alexander-Gish Renovation (A35667900305) ($25,000.00) 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor I~: THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25657. AN ORDINANCE amending the City's Fiscal year 1979-80 Community Development Block Grant program to provide for partial funding of certain renovations to the Alexander-Gish House in Highland Park; authorizing the City Manager or the Assistant City Manager to file appropriate papers, if necessary, with the United States Department of Housing and Urban Development to effect such amendment to the City's program; authorizing the City Manager or the Assistant City Manager to execute a certain agreement with the Old Southwest Neighborhood Foundation, Inc~; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City's Fiscal Year 1979-80 Community Development Block Grant program be, and said program is hereby amended to the extent that $25,000.00 already budgeted for park and playground improvements in Highland Park be budgeted for use in renovating the Alexander-Gish House in Highland Park, as requested in a report of the City Manager to Council dated July 13, 1981. 2. The City Manager or the Assistant City Manager be, and they are hereby authorized to file such papers as may be necessary with the United States Department of Housing and Urban Development in order to provide for the aforesaid amendment to the City's Fiscal year 1979-80 Community Development Block Grant Program. 3. The City Manager or Assistant City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, an agreement with the Old Southwest Neighborhood Foundation, Inc., pertaining to the renovation of the Alexander-Gish House containing such terms and provisions as may be deemed appropriate by the City Manager, and to be in such form as is 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 13th day of July, 1981. No. 25658. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Transfers to Capital Fund (1) .......................... $ (15,000.00) Juvenile Probation House (2) ........................... 155,199.00 CAPITAL FUND APPROPRIATIONS Capital Improvement Reserve (3) ........................ $6,612,288.18 (1) Transfers to Capital Projects Fund (A01931037008) (2) Fees for Professional Services (A01335020010) (3) Youth Haven Roof (A08310172509) $(15,000.00) 15,000.00 (15,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25659. AN ORDINANCE authorizing the lease by the City of property at 1301 Third Street, S. W., Roanoke, Virginia for the Juvenile Probation House; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Noel C. Taylor, Mayor, is hereby authorized to execute, for and on behalf of the City, and Mary F. Parker, City Clerk, is authorized to attest, a deed of lease on such form as is approved by the City Attorney, evidencing the City's lease from Orthopaedic Surgeons Building, Inc., of real estate located at 1301 Third Street, S. W., Roanoke, Virginia, for the purpose of housing and operating a Juvenile Probation House, known as Youth Haven. 2. The term of this lease shall be three (3) years from July 15, 1981, with the City enjoying the right to renew the lease for an additional term at a renegotiated rental rate. The lease shall reflect the lessor's obligation to make certain repairs and improvements to the premises and the City's obligation to pay, from funds heretofore or simultaneously appropriated for this purpose, rental at the following rates: 0 - 3 months, $0; 4 - 12 months, $300 per month; second year, $350 per month; third year, $400 per month. The lease shall also evidence the City's obligatio to make certain improvements and repairs to the premises, part of the cost of which shall be reimbursed by the lessor, as set forth in a report on this subject dated July 13, 1981, from the City Manager, on file in the Office of the City Clerk. The lease shall contain the other terms and conditions set out in the City Manager's report and may contain such other provisions as the City Manager should require. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25660. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriati¢ Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Juvenile Probation House (1) .............................. $ 158,817.00 REVENUE Grants-in-Aid Commonwealth (2) ............................ 28,789,939.00 (1) Other Equipment (A01335090020) (2) Juvenile Probation House (R01063015) $3,618.00 3,618.00 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 13th day of July, 1981. No. 25661. AN ORDINANCE to amend and reordain certain sections of the 1981-82 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 1981-82 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $8,396,289.31 Title XX Services (1-6) .............................. 71,374.31 Revenue Charges for Current Services $3,497,480.31 Title XX Services (7) ................................ 71,374.31 (1) Protective Services to Adults (A01532020060) .... $ 5,489.64 (2) Day Care Adults (A01532020063) (3) Employment (A01532020066) (4) Family Planning (A01532020067) (5) Services to Disabled Individuals (A01532020068) (6) Family and Personal Adjustment Counseling (A01532020070) (7) Title XX Receipts (R01083530) 3,859.66 47,104.22 295.05 4,612.04 10,013.70 71,374.31 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25662. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Fifth District 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 1981-82 Fifth District Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Consortium, FY 10/1/80 - 9/30/81 $4,712,272.85 Admin. Pool (51-1-204-05) (1) ......................... 930,727.33 Title IIB (51-1-204-10) (2) ........................... 1,609,231.68 Title IV YCCIP (51-1-204-38) (3) ...................... 90,772.95 Title IID (51-1-204-21) (4) ........................... 886,433.36 Title IV YETP (51-1-204-48) (5) ....................... 420,308.22 Title VI (51-1-204-60) (6) ............................ 329,049.05 Revenue Fifth District Consortium, FY 10/1/80 - 9/30/81 $4,712,272.85 Admin. Pool (51-1-204-05)(7) ......................... 930,727.33 Title IIB (51-1-204-10) (8) ........................... 1,609,231.68 Title IV YCCIP (51-1-204-38) (9) ...................... 90,772.95 Title IID (51-1-204-21) (10) .......................... 886,433.36 Title IV YETP (51-1-204-48) (11) ...................... 420,308.22 Title VI (51-1-204-60) (12) ........................... 329,049.05 (1) Unobligated Admin. Pool (A34816099999) .... (2) Unobligated Title IIB (A34816199999) ...... (3) Unobligated YCCIP (A34816499999) (4) Unobligated Title IID (A34816299999) ...... (5) Unobligated YETP (A34816399999) (6) Unobligated Title VI (A34816699999) (7) Admin. Pool (51-1-204-05) (R34810101) ..... (8) Title IIB (51-1-204-10) (R34810161) (9) Title IV YCCIP (51-1-204-38) (R34810164)-- (10) Title IID (51-1-204-21) (R34810162) $ 18,166.00 14,381.00 5,489.00 (586,679.00) (21,318.00) (78,546.00) 18,166.00 14,381.00 5,489.00 (586,679.00) (ll) Title IV YETP (51-1-204-48) (R34810163)--- (21,318.00) (12) Title VI (51-1-204-60) (R34810166) (78,546.00) 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 July, 1981. No. 25663. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Sewage Treatment Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Sewage Treatment Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay From Revenue $4,400,209.36 Vinton Connection Facility (1) ............................... 105,000.00 Revenue Due From Vinton (2) ............................................. 105,000.00 (1) Vinton Connection Facility (A03511092001) (2) Vinton Connection Facility (X03113501) $105,000.00 105,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from .ts passage. ~TEST: City Clerk APPROVED Mmyor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25664. AN ORDINANCE authorizing the appropriate City officials to execute an engineering agreement in connection with the Vinton Sewage Meter and Connection Facility Project, providing for funding therefor; 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, and the City Clerk is authorized to attest, the requisite contract, on such form as is approved by the City Attorney, with Alvord, Burdick and Howson, Engineers, of Chicago, for professional services in connection with the design and construction of the Vinton il!Sewage Meter and Connection Facility Project. The contract shall reflect the City's agreement to pay an amount not to exceed $105,000 without further authorization of the City of Roanoke, for iservices rendered in this regard. 2. These fees shall be paid from funds heretofore or simultaneously appropriated for this purpose from a capital account in the Sewage Treatment fund in the amount of $105,000.00 which the Director of Finance is directed to establish for this project. Ail expenditures from this account will be reimbursed to the City by the Town of Vinton under a prior contract dated October 3, 1978, between the City and Vinton providing for cooperation between the two localities in the construction of the project. 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~~x~~. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25665. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund and Water Fund Appropriation Ordinances, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund and Water Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Internal Services ............................................ $10,601,903.00 Street Maintenance (1-5) ................................... 2,767,084.00 Utility Line Facilities (6-7) .............................. 1,381,150.00 REVENUE Internal Services ............................................ $ 2,453,604.00 Street Maintenance (8-9) ................................... 165,285.00 WATER FUND APPROPRIATIONS Internal Services (12) ...................................... $ 954,079.00 (1) Overtime (A06262110003) (2) Seasonal Help (A06262110007) (3) Expendable Tools (A06262130035) (4) Utility Cut Supplies (A06262130046) (5) Equipment Rental (A06262140005) (6) Restoration and Construction - Water (A06262530062) (7) Restoration and Construction - Sewage (A06262530063) (8) Water Fund (R06012102) (9) Sewage Fund (R06012103) (10) Water Fund (R06012502) (11) Sewage Fund (R06012503) (12) Street Maintenance (A02211060021) $ 2,000.00 54,496.00 500.00 82,489.00 8,000.00 (20,000.00) (10,000.00) 100,000.00 47,485.00 (20,000.00) (10,000.00) 25,000.00 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 July, 1981. Y,o. 25666. AN ORDINANCE authorizing and providing for an amendment to the written agreement dated December 3, 1979, between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority as previously amended, relating to a certain Demonstration Rehabilitation 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 be, and he is hereby authorized to enter into a written amendment to the agreement dated December 3, 1979, between the City of Roanoke and the City of Roanoke Redevelop- ment and Housing Authority, relating to a certain Demonstration Rehabilitation Program, to extend the time of performance of the said agreement until June 30, 1982, and to expand the area in which the services performed pursuant to the agreement may be performed to include all conservation areas in the City; such amendment 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 13th day of July, 1981. No. 25667. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sanitation Projects Sewage Lateral Replacement (1) ............................. Cravens Barnhart Sewage System (2) ......................... $2,546,762.24 440,172.54 399,140.20 (1) Appropriated from General Revenue (A08220190103) (2) Appropriated from General Revenue (A08220191303) $(4,599.84) 4,599.84 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 13th day of July, 1981. No. 25668. AN ORDINANCE approving the City Manager's issuance of Change Order No. 3, to the City's contract with J. P. Turner & Brothers, Inc., for construction of Project I of the Cravens-Barnhart Sewage Collection System, authorized by Ordinance No. 25413, adopted December 8, 1980; 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 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 J. P. Turner & Brothers, Inc., authorized by Ordinance No. 25413, adopted December 8, 1980, so as to provide for the following changes in the work to be performed, to-wit: CONTRACT AMOUNT WITH CHANGE ORDERS NO. 1 AND 2 Additional 50 tons of aggregate base material at $5.00 per ton Add Additional 80 tons of base material at $38.00 per ton Add Additional il0 tons of surface material at $38.00 per ton Add TOTAL CHANGE ORDER NO. 3 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 3 $ 100,996.16 250.00 3,040.00 4,180.00 7,470.00 $ 108,466.16 2. That in order to provide for the public health 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25669. A RESOLUTION expressing the concerns of this Council with respect to an application for rezoning of a parcel of land near the end of Runway 23, Roanoke Municipal Airport, Woodrum Field, to permit the construction of 78 townhouse units. WHEREAS, application has been filed in Roanoke County for the rezoning of a parcel of land, which parcel lies under the centerline of approach and clear zone of Runway 23, Roanoke Municipal Airport, Woodrum Field, and which, after the extension of Runway 23 by 900 feet, will lie less than 900 feet from the end of the extended runway, from single family residential to multi-family residential to permit the construction of 78 townhouse units; WHEREAS, although the proposed development complies with all Federal Aviation Administra- tion regulations and City and County zoning provisions relating to height of structures, the proposed development is in an existing noise impact area; WHEREAS, noise impact is always a vital issue in the preparation of environmental impact statements, and the development of 78 townhouses so close to the end of Runway 23 could have an adverse impact on approval of the City Environmental Impact Statement by various federal agencies; WHEREAS, in the future, it may be necessary to extend Runway 23, which will be the primary runway at Roanoke Municipal Airport, Woodrum Field, beyond the 900-foot extension proposed, which extension could require the acquisition or condemnation of the rezoned property and structures erected thereon; WHEREAS, Roanoke Municipal Airport, Woodrum Field, is an important resource of the entire Roanoke Valley, and indeed the entire region, inasmuch as it serves the transportation needs of all citizens and businesses in Southwest Virginia, and such airport is vital to the economic vitality of the valley; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of expressing its grave concerns and opposition with respect to a rezoning application pending before the Roanoke County Board of Supervisors which would permit rezoning of a parcel of land near the end of Runway 23, Roanoke Municipal Airport, Woodrum Field, for the construction of 78 townhouse units. 2. Roanoke City Council respectfully urges the Roanoke County Board of Supervisors to carefully and seriously review and discuss this pending rezoning application and to consider the air transportation needs of the entire region in acting on this rezoning application. 3. The City Clerk is directed to forward an attested copy of this resolution to the Clerk of the Roanoke County Board of Supervisors, the Acting County Administrator, the Airport Advisory Con~nission and to William Howard, Executive Vice-President, Piedmont Airlines. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF. THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25670. AN ORDINANCE providing for the salaries of the Mayor, Vice-Mayor and members of Council for the fiscal year commencing July 1, 1981, and succeeding fiscal years, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Effective retroactive to July l, 1981, the salaries of the Mayor, Vice-Mayor and each member of Council shall be increased by six percent (6%), an amount representing the across the board, cost of living increase established for all other City officers and employees. 2. For the fiscal year commencing July 1, 1982, and for succeeding fiscal years, the salaries of the Mayor, Vice-Mayor and each member of Council shall automatically be adjusted as of the first day of each fiscal year by the addition of an amount equal to any across the board, cost of living percentage increase granted to other City officers and employees. 3. Salaries of the Mayor, Vice-Mayor and Council members shall not exceed the maximum permitted by the Code of Virginia. 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 July 1, 1981. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25671. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Parking Lot Income (1) ................................. $11,984,640.45 321,083.59 Revenue Community Development 11,984,640.45 Parking Lot Income (2) ................................. 321,083.59 (1) Parking Lot Income (A3566800402) (2) Parking Lot Income (R35666602) $(10,294.08) (10,294.08) 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 13th day of July, 1981. No. 25672. AN ORDINANCE to amend and reordain Section 22-14, Definitions, of Article II, Employees' Retirement System, of Chapter 22, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, to permit those deputies and other employees of the Sheriff's Department employed on and after July 1, 1981, to be members of the City Employees' Retirement System; and providing for an emergency. BE IT ORDAINED bY the Council of the City of Roanoke that: 1. Section 22-14, Definitions, of Article II, Employees' Retirement System of Chapter 22, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 22-14. Definitions. Employee shall mean any officer or employee of the city, except a part-time officer or employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), whether he devotes his whole time or only a part of his time to such employment, and shall include, but shall not be limited to, police and firemen employed on or after the first day of January, 1946; officials selected by the city council or appointed by the city manager; members of any permanent board of real estate assessors and every person employed in connection with the assessment of real estate; every general district court judge and judge of the juvenile and domestic relations district court; every clerk of said courts and every person employed in the service thereof; every officer and other person employed by the school board of the city who is not eligible for membership in the state employees' retirement system of Virginia (provided, however, that secretaries to the superintendent of schools, in service prior to the effective date of Chapter 325 of the Acts of the General Assembly of Virginia of 1942, may become members of this system if, prior to September 15, 1950, they elect to later retire under this system and not that of the state, and otherwise comply with the provisions of this chapter); and every other person employed in the service of the city; except the medical examiners of the city and judges of the circuit court of the city; provided, however, that constitutional officers elected by the people of the city, assistants, deputies and employees in said constitutional offices, and employees of the judges of the circuit court, may, at their election, be classified as an "employee" and contribute to and share in the benefits of the system to the extent that their salary is paid by the city and state. All persons who become members of the Sheriff's Department on and after July 1, 1981, shall be deemed to be "employees." In all cases of doubt, the Board shall determine who is an "employee" within the meaning of this article, subject, however, to review by the council. 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 13th day of July, 1981. No. 25673. AN ORDINANCE accepting a bid and awarding a contract for curb, gutter, sidewalk, entrance and related work in the Hurt Park, Mountain View and Harrison sections of the City; authorizing the proper City officials to execute tha requisite contract; rejecting certain other bids made there- for; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of L. H. Sawyer Paving Co., Inc., of Roanoke, Virginia, for furnishing all tools, labor, machinery and materials necessary to construct certain curb, gutter, sidewalk, entrance and related work in the Hurt Park, Mountain View and Harrison sections of the City in accordance with the City's plans and specifications for the total sum not to exceed $147,771.25 is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City to execute and to seal and attest, respectively, the requisite contract with the aforesaid successful bidder, such contract to have incorporated therein the City's requirements and plans an¢ specifications made for said work, the bidder's proposal made to the City, the provisions of this ordinance and to be upon such form as is ~pproved by the City Attorney. 3. Upon satisfactory completion of all said work accepted by the City as meeting all of said specifications, the Director of Finance shall be authorized to make payments to said contrac- tor in accordance with the provisions of this ordinance and said contract, charging said payments to appropriations heretofore or simultaneously being made by the Council for this purpose. 4. All other bids made to the City for said work are hereby REJECTED, and the City Cler! is directed to notify said .other bidders and to express the City's appreciation for said bids. 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 13th day of July, 1981. No. 25674. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Recreation ............................................. $ 431,397.50 Franklin Road Trees (1) .............................. 57,260.00 Public Improvement Bonds Series 1980A .................. 3,113,724.00 Parks (2) ............................................ 536,445.00 REVENUE Appropriated From Fund Balance (3) ..................... 31,000.00 (1) Appropriated From Bond Funds (A08170190701)---$53,000.00 (2) Parks (A08310172603) (22,000.00) (3) Fund Balance - Unappropriated (X08937200) ..... (31,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25675. AN ORDINANCE providing for the implementation of Century Project 12-92 and the purchase of certain items necessary for other Century Projects, upon certain terms and conditions, by acceptin! the lowest bid made to the City; authorizing execution of the requisite contract; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Boxley Construction Company of Roanoke, Virginia, for furnishing within 150 consecutive calendar days all necessary equipment, labor, trees, and materials, required for construction of Century Project 12-92 on Franklin Road and for furnishing 167 cast iron tree frames and grates for other Century Projects, being the lowest and best bid made in full accordance with the City's plans and specifications, as revised, for the total sum of $51,027.65, based upon unit prices, is hereby ACCEPTED. A contingency for the project in the amount of $1,972.35 shall be established. These sums shall derive from funds heretofore or simultaneously appropriated for this purpose. 2. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, as revised, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. That the other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and express to each the City's appreciation of 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. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25676. AN ORDINANCE accepting the bid of Steel and Tank Service Company, for cleaning and painting Grandin Court Tank No. 1, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Steel and Tank Service Company of Waxhaw, North Carolina, made to the City in the total amount of $19,300.00, for cleaning and painting the exterior and interior of Grandin Court Tank No. 1, such bid being in full compliance with the City's specifications and contract documents, which bid is on file in the office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with 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 hereto- fore or simultaneously appropriated by Council. 3. Ail other bids made to the City for the aforesaid work be and 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 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25677. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATION General Operating ....................................... $4,415,506.00 Maintenance (1) ~ 334,000.00 (1) Buildings and Property (A03210334005) $89,000.00 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 July, 1981. No. 25678. AN ORDINANCE providing for the construction of a Closed Cooling System for Blower and Pump Engines at the Sewage Treatment Plant, upon certain terms and conditions, by accepting the lowest bid made to the City; authorizing execution of the requisite contract; rejecting a certain other bid; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Valley Air Conditioning Corp., of Roanoke, Virginia, for furnishing all necessary equipment, labor and materials for construction of a Closed Cooling system for Blower and Pump Engines at the Sewage Treatment Plant, being the lowest and best bid made in full accordance with the City's plans and specifications for a total sum of $84,720.00, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. The other bid made to the City for the performance of this work is REJECTED. The City Clerk shall so notify the other bidder and 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25679. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Projects Fund Appropriations, be, and the same are hereby amended and reordained to read as follows, in part: APPROPRIATIONS Recreation $ 376,137.50 V.A. Park Fencing (1) ..................................... 22,000.00 Capital Improvement Reserve - 6,625,288.18 Park Improvements (2) ..................................... 173,000.00 (1) Appropriated from General Revenues (A08170190603) (2) Park Improvements (A08310172506) $ 2,000.00 (2,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST~_~ ~ ~' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25680. AN ORDINANCE providing for the installation of an eight foot high chain link fence at Veterans Park, upon certain terms and conditions, by accepting the lowest bid made to the City; authorizing execution of the requisite contract; rejecting one other bid; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Powers Fence Co., Inc., of Roanoke, Virginia, for providing and installing within thirty (30) days a new eight foot high chain link fence at Veterans Park, in the City, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $21,549.00, is hereby ACCEPTED. A contingency for the project in the amount of $451.00 shall be established. These sums shall derive from funds heretofore or simultaneously appropriated for this purpose. 2. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is ap- proved by the City Attorney. 3. That the other bid made to the City for the performance of this work is REJECTED. The City Clerk shall so notify the other bidder and express to it the City's appreciation of 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1981. No. 25681. AN ORDINANCE authorizing the Director of Finance to make certain transfers of funds to the ICMA Retirement Corporation on behalf of certain City officers; and providing for an emergency. WHEREAS, by Ordinance No. 24839, adopted September 10, 1979, this Council authorized participation by certain City officers in the International City Management Association (ICMA) Retirement Corporation Deferred Compensation Plan in lieu of participation in the Employees' Retire- ment System of the City of Roanoke; WHEREAS, by Ordinance No. 24839, this Council authorized an initial contribution to ICMA on behalf of those officers in the employ of the City on September 10, 1979, who had as of that date elected to participate in the ICMA Retirement Corporation Deferred Compensation Plan in lieu of participation in the Employees' Retirement System, and Ordinance No. 24915, adopted November 12, 1979, authorized the Director of Finance to transfer from the Employees' Retirement System to ICMA Retirement Corporation trust fund amounts representing the City's contributions on behalf of certain officers in the employee of the City on September 10, 1979; WHEREAS, Council is desirous of permitting an initial contribution to ICMA Retirement Corporation of Employees' Retirement System trust funds on behalf of any person who succeeds to an office or position for which participation in the ICMA Retirement Corporation Deferred Compensation Plan has previously been authorized; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding the provisions of Ordinance No. 24839, adopted September 10, 1979, and Ordinance No. 24915, adopted November 12, 1979, whenever any person shall be appointed or em- ployed in any office or position named in Ordinance No. 24839, or any successor office or position and such person elects to participate in the ICMA Retirement Corporation Deferred Compensation Plan in lieu of participation in the Employees' Retirement System of the City of Roanoke in accordance with the provisions of Ordinance No. 24839 and Ordinance No. 24915 and Section 22-15.1, Code of the City of Roanoke (1979), as amended, within thirty (30) days of the date of such officer's or employee~ appointment or employment, the Director of Finance shall be authorized on behalf of the City and such officer or employee to transfer from the Employees' Retirement System to ICMA Retirement Corporation an amount representing the City's contribution to the Employees' Retirement System which amount shall equal the City's contribution to the Employees' Retirement System on behalf of such officer or employee. 2. No transfer of trust funds from the Employees' Retirement System to the ICMA Retirement Corporation Deferred Compensation Plan on behalf of any officer or employee shall exceed the maximum permitted by law and Internal Revenue Service regulations. 3. This ordinance shall have no application to any person appointed or employed in a position named in Ordinance No. 24839 who has vested in the Employees' Retirement System. 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 13th day of July, 1981. No. 25682. AN ORDINANCE authorizing the appropriate City officials, on the City's behalf, to enter into a contract with Roanoke Area Market Association, Inc., for the management of the Roanoke City Market 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, and the City Clerk is authorized to attest, the requisite contract, on such form as approved by the City Attorney, with Roanoke Area Market Association, Inc., (RAMA) providing for the latter's management of the Market, as the City's agent, for a monthly fee of $500.00. The term of the agreement shall be one (1) year, with each party retaining the right to cancel the agreement upon thirty (30) days notice to the other. The agreement shall provide that RAMAmay execute for the City monthly rental contracts only with the prior written approval of the City Manager, that the RAMA employee handling City funds shall be bonded, that RAMA's accounting procedures for handling City funds shall be such as are approved by the Director of Finance, and that RAMA shall obtain and maintain during the life of the agreement liability J~surance of a nature and in amounts as specified by the City Manager. The agreement may also contain such other provisions as the City Manager may require. 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 27th day of July, 1981. No. 25650. AN ORDINANCE permanently vacating, discontinuing and closing that portion of High Acres Road lying between Westside Blvd. and Shamrock Street, in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Robert R. Johnson, Sr., and Louise M. Johnson, husband and wife; George R. Jones, Jr., and Doris P. Jones, husband and wife; Clarence H. Moses and Laura M. Moses, husband and wife; Billy Otto Board and Kathleen B. Board, husband and wife; have heretofore filed their application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described street which is more particularly described hereinafter; and WHEREAS, Robert R. Johnson, Sr., and Louise M. Johnson, husband and wife; George R. Jones, Jr., and Doris P. Jones, husband and wife; Clarence H. Moses and Laura M. Moses, husband and wife; Billy Otto Board and Kathleen B. Board, husband and wife, did, on April 15, 1981, duly and legally publish as required by Section 15.13-64 of the 1950 Code of Virginia, as 'amended, a notice of their application to the Council by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), and at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to Council; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on June 3, 1981, reported to Council and recommended that the hereinafter described street be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on July 13, 1981, at 7:30 p.m., after due and timely notice thereof by publication in The Roanoke Times and World-News, 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 hereinafter described street 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 for permanently vacating, discontinuing, and closing said street, as requested by Robert R. Johnson, Sr., and Louise M. Johnson, husband and wife; George R. Jones, Jr., and Doris P. Jones, husband and wife; Clarence H. Moses and Laura M. Moses, husband and wife; Billy Otto Board and Kathleen B. Board, husband and wife, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain street situate in the City of Roanoke, Virginia, and more particularly described as follows: BEGINNING at a point which is located at the Northwest corner of the intersection of Shamrock Street and Hershberger Road, N. W., thence with the Northwest line of Shamrock Street N. 4° 41' E. 550.7 feet to a point, on the line between Shamrock Street and Lot l, Block 2, Section "A", Hershberger Hills, the actual place of BEGINNING; thence with the said line of Lot 1, a curve to the left whose radius is 25.00 feet an arc distance of 39.27 feet, a chord bearing of N. 49° 41' W. 35.35 feet to a point on the northern line of the said Lot 1; thence with the said northern line of Lot 1, N. 85° 19' W. 150 feet to a point on the line of said Lot 1, and Lot 7 of a plat of the Subdivision property of James Construction Company of Roanoke, Inc~; thence with the said line of Lot 7, N. 85° 30' W. 231.83 feet to a point on the line of said Lot 7; thence with the said line of Lot 7, a curve to the left whose radius is 25.00 feet an arc distance of 38.94 feet a chord bearing S. 49° 53' W. 35.12 feet to a point on the western line of Lot 7 and the eastern line of Westside Boulevard; thence with the eastern line of Westside Boulevard, N. 5° 16' E. 99.67 feet to a point on the eastern line of Westside Boulevard and the western line of Lot 8 of the said James Construction Subdivision; thence with the line of said Lot 8 a curve to the left whose radius is 25.00 feet an arc distance of 39.60 feet, a chord bearing of S. 40° 07' E. 35.59 feet to a point on the southern line of said Lot 8; thence with the line of said Lot 8, S. 85° 30' E. 230.49 feet to a point on the line of said Lot 8, and Lot 2, Block No. 1, Section "A", Shamrock Hills~ thence with the southern line of said Lot 2, S. 85° 19' E. 150.0 feet to a point on the line of said Lot 2; thence with the said line of Lot 2, a curve to the left whose radius is 25.00 feet an arc distance of 39.27 feet a chord bearing of N. 49~ 41' E. 35.35 feet to a point on the eastern line of said Lot 2, and the western line of Shamrock Street; thence with the western line of Shamrock Street, S. 4° 41' W. 100 feet to the actual place of BEGINNING and being a 50 foot roadway dedicated to the future extension of High Acres Road as shown on the plat of Section "A", Hershberger Hills, by C. G. Meredith, C.L.S., dated January, 1960, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 4, page 46, and as shown on the plat of the subdivision property of James Construction Company of Roanoke, Inc. by David Dick and Harry A. Wall, Civil Engineers and Surveyors, dated June 24, 1968, of record in the Clerk's Office for the Circuit Court of Roanoke Cdunty, Virginia, in Plat Book 7, page 15. 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 that fee simple title of the above described property is hereby vested in the Petitioners of that portion of High Acres Road from their respective property lines to the center line of said High Acres Road, 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 street, together with the right of ingress or egress for the maintenance of such lines, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described street 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 street on all maps and plats on file in his office on which said street is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of Robert R. Johnson, Sr., and Louise M. Johnson, husband and wife; George R. Jones, Jr., and Doris P. Jones, husband and wife; Clarence H. Moses and Laura M. Moses, husband and wife; Billy Otto Board and Kathleen B. Board, husband and wife, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25651. AN ORDINANCE permanently vacating, discontinuing and closing all of that portion of an alley between Lot 6 and Lot 7 of Block 51, Map of Crystal Spring Land Company, as shown on the City Engineer's Map at page 106, in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, John C. Minor, III, has heretofore filed his application to the Council of the Cit' of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discon- tinue and close the within described alley, which is more particularly described hereinafter; and WHEREAS, John C. Minor, III, did on March 6, 1981, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of his application to the Council by posting a copY of the notice on the front door of the Courthouse in the City of Roanoke, Virginia, (Campbell Avenue entrance), and at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to Council; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on June 3, 1981, reported to Council and recommended that the hereinafter described alley be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on July 13, 1981, at 7:30 p.m., after due and timely notice thereof by publication in The Roanoke Times & World News, 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 requestE closing of the hereinafter described alley 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 for permanently vacating, discontinuing, and closing said alley, as requested by John C. Minor, III, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley situate in the City of Roanoke, Virginia, and more particularly described as follows: Ail of that portion of an alley between Lot 6 and Lot 7 of Block 51, Map of Crystal Spring Land Company, as shown on the City Engineer's Map at page 106, in the City of Roanoke, Virginia. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest in 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 easement or easements for sewer lines and water mains and other public utilities that may now be located in or across said alley, together with the right of ingress and egress for the maintenance of such line, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described alley of any such municipal installation or utility by the owner thereof; and reserving to the City of Roanoke an easement for surface water drainage in the manner now provided for on the above described alley, provided that such manner of drainage shall not be altered without the consent of the City Engineer. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said alley on all maps and plats on file in his office on which said alley is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court for 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 John C. Minor, III, and the names of any other parties in interest who may so request, as grantees. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25652. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a certain tract of real property located at 2223-2225 Sanford Avenue, Roanoke, Virginia, described as Lot 11, Block 2, according to the map of Colonial Heights, Official Tax No. 1271111, rezoned from RD, Duplex Residential District to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District to C-i, Office and Institutional District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 13th day of July, 1981, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of the opinion that the herein- after described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4 Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on 2223-2225 Sanford Avenue, Roanoke, Virginia, described as Lot 11, Block 2, according to the map of Colonial Heights designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1271111 be, and is hereby, changed from RD, Duplex Residen- tial District, to C-1, Office and Institutional District, and that Sheet No. 127 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25653. AN ORDINANCE to amend and reordain Article III, Special License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, by the addition of new sections numbered 19-74.1, Massage parlor, and Section 19-74.2, Powers and duties of the Commissioner of Revenue as to massage parlors, the new sections establishing a license tax for massage parlors, prohibiting issuance of a business license until a massage parlor permit and appropriate permits for massage technicians have been obtained, establishing a criminal penalty for operation without payment of such license tax, a penalty for late payment, providing for equitable relief, and prescrib. ing the duties and powers of the Commissioner of Revenue as to massage parlors; to provide for a prorated tax for license tax year 1981; and to provide for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article III, Special License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of new sections numbered 19-74.1, Massage parlor, and Section 19-74.2, Powers and duties of Commissioner of Revenue as to massage parlors, such new sections to read and provide as follows: Section 19-74.1. Massage parlor. (a) Effective January 1, 1982, there is hereby imposed upon every person doing business in this City or holding himself out as doing business in this City as a massage parlor as such term is defined in Section 21-135 of this Code, a license tax of five thousand dollars ($5,000.00) per year which shall be due and payable during the month of January of each license year. Such license shall not be proratable or transferable. (b) The Commissioner of Revenue shall not issue the license required by this section until presented with a valid nonsuspended massage parlor permit issued pursuant to Section 21-156 of this Code and a massage techni- cian permit and massage technician health card, issued pursuant to Sections 21-175 and 21'191, respectively, of this Code, for each massage technician employed by a massage parlor. (c) If any person shall commence to do business in this City as a massage parlor or hold himself out as doing business in this City through any advertising medium as a massage parlor without first obtaining the license required by this section, such person shall be guilty of a Class 1 misdemeanor. Each day's operation without a license shall constitute a separate offense. Any conviction under this section shall not relieve any person convicted of doing business without a license from the payment of the license tax prescribed by this section. (d) If any person shall be in violation of this section for one month or longer, such person shall moreover be subject to a penalty of ten percent (10%) of the amount of the license tax which was due and payable at the beginning of the tax year, in addition to the license tax imposed by this section, and such penalty shall be assessed and paid along with the license tax and shall become a part of the license tax and shall be enforced in the manner provided by law for the enforcement of the collection of other taxes. (e) In addition to the Class i misdemeanor and the penalty, any violation of this section may be enjoined through appropriate suit in equity. Section 19-74.2. Powers and duties of the Commissioner of Revenue as to massage parlors. It shall be the duty of the Commissioner of Revenue or his designee to ascertain the name of every person operating a massage parlor in the City, liable for collection of the tax levied by Section 19-74.1, who fails, refuses or neglects to make timely payment of the required tax. The Commissioner or his designee may have a summons issued for such person and may serve a copy of such summons upon such person in the manner provided by law and shall make one return of the original to the General District Court of the City. Police powers are hereby conferred upon the Commissioner or his designee while engaged in performing their duties under Section 19-74.1 and this section, and they shall exercise all the powers and authority of police officers in performing such duties. 2. For the license tax year 1981 only, there is hereby imposed upon every person doing business in this City or holding himself out as doing business in this City as a massage parlor as such term is defined in Section 21-135 of this Code, a prorated license tax in the amount of one thousand six hundred sixty-six dollars and sixty-seven cents ($1,666.67). Such license tax shall be due and payable within thirty (30) days from September 1, 1981, and shall not be transferable. Subsections (b), (c) and (d) of Section 19-74.1 and Section 19-74.2 shall apply to the prorated license tax established for license tax year 1981. 3. This ordinance shall be in full force and effect on and after'September 1, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25683. AN ORDINANCE to amend Sections 36-3 and 36-4, The Code of the City of Roanoke, 1979, as amended, and Sheet No. 419, Sectional 1976 Zone Map, City of Roanoke, in relation to zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have 2.486 Acres, Garden City Boulevard, Official Tax No. 4190704, rezoned from General Commercial District C-2 to General Residential District RG-2; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from General Commercial District C-2 to General Residential District RG-2; the said rezoning to be subject to the conditions proffered by the applicant in its application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, The Code of the City of Roanoke, 1979, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 8th day of June, 1981, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke, 1979, as amended, relating to Zoning, and Sheet No. 419 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on Garden City Boulevard and containing 2.486 Acres designated on Sheet 419 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4190704, be, and is hereby, changed from General Commercial District C-2, to General Residential District RG-2, subject to the conditions proffered by and set forth in the applicant's application for rezoning, and that Sheet No. 419 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25684. A RESOLUTION approving a Comprehensive Neighborhood Revitalization Plan for the Gainsboro Project Area and expressing the commitment of this Council to implement such Plan in FY 1981-82. WHEREAS, the Roanoke City Council has the responsibility, under the Code of Virginia and the City's Charter, to provide for the orderly development of the City; and WHEREAS, this Council has previously approved a Redevelopment Plan (1975) for the Gainsboro Project Area; and WHEREAS, the Comprehensive Revitalization Plan for Gainsboro, dated June 24, 1981, has been reviewed by the City Planning Commission in order to determine its consistency with the Comprehensive Plan of the City relative to land use policy and orderly development, and the Commissio~ has found that such Plan is generally consistent with the Comprehensive Plan of the City; and WHEREAS, the City administration has been a party to the Gainsboro Neighborhood Action Study process and has found it to be consistent with the goals and objectives of the City's Communi- ty Development Block Grant program and City Council's policies relating to neighborhood revitaliza- tion; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council recognizes, approves of and supports the Comprehensive Revitalization Plan for Gainsboro, dated June 24, 1981, for the development of the Gainsboro Project Area. 2. This Council continues to pledge its support to the Gainsboro PAC in the form of technical and administrative assistance in the implementation of the Plan. 3. This Council recognizes the value that may be derived from the establishment of a neighborhood development corporation and will support its work in Gainsboro if established. 4. This Council supports the use of Community Development Block Grant funds already targeted for Gainsboro in implementing such Plan's first year activities. 5. This Council supports the underlying objectives of such Plan's Five-Year Financial Plan for the complete revitalization of the Gainsboro neighborhood and will continue to support the Plan to the extent of available resources. BE IT FURTHER RESOLVED, that the support and commitment of the Roanoke Redevelopment and Housing Authority, local businesses, corporations, and lending institutions and the general citizenry of the community in assisting the Gainsboro PAC in the implementation of the Comprehensive Revitali- zation Plan are requested. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25685. AN ORDINANCE authorizing and directing the City Manager to execute an agreement by and between the City of Roanoke and Gainsboro Project Area Committee, Inc., pertaining to the implementa- tion of the Comprehensive Revitalization Plan for Gainsboro, 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 City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a written agreement by and between the City of Roanoke and Gainsboro Project Area Committee, Inc., pertaining to the implementation of the Comprehensive Revitalization Plan for Gainsboro, such agreement to contain such terms and conditions as are contained in the report to Council dated July 27, 1981, and as may be deemed necessary by the City Manager and which are consistent with the terms of an existing agreement between the City and the Gainsboro Project Area Committee, Inc., authorized by Ordinance No. 25410, adopted on December 8, 1980; 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. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25686. A RESOLUTION authorizing the City Manager or Assistant City Manager to make application to the United States Department of Housing and Urban Development for an Urban Development Action Grant in connection with the proposed purchase and renovation of the Colonial Arms Building in the downtown area of the City. BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, or Sam H. McGhee, III, Assistant City Manager, be and they are hereby authorized and directed, subject to certain conditions set out in a report from the City Manager dated July 27, 1981, to file, for and on behalf of the City of Roanoke, a written application for an Urban Development Action Grant from the United States Department of Housing and Urban Development in the amount of $350,000.00, as further described in a report from the City Manager dated July 27, 1981, to provide partial financing for the purchase and renovation of the Colonial Arms Building in the downtown area of the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25687. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government $3,352,089.00 Director of Finance (1) ..................................... 442,549.00 Non-Departmental 6,309,069.09 Fringe Benefits (2-5) ....................................... 6,214,069.09 Education 33,540,466.91 Administration (6) .......................................... 674,038.00 Fixed Charges (7-10) ........................................ 5,063,004.09 (1) Salaries and Wages (A01123110002) $ 44,460.00 (2) Retirement Contributions (A01911011005)-- 5,481.12 (3) Employer's FICA Taxes (A01911011010) ..... 2,974.37 (4) Hospitalization Insurance (A01911011015)- 1,200.00 (5) Group Life Insurance (A01911011020) ...... 453.60 (6) Clerical Personnel (A01610110107) (44,460.00) (7) Retirement (A01610911101) (5,481.12) (8) F.I.C.A. (A01610911102) (2,974.37) (9) Hospitalization Insurance (A01610911104)- (1,200.00) (10) State Group Life Ins. (A01610911105) ..... ( 453.60) 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 July, 1981. No. 25688. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATION Judicial $ 1,612,210.00 Clerk of Circuit Court (1) ............................... 352,500.00 Non-Departmental 14,817,045.00 General Fund Contingency Reserve (2) ..................... 432,000.00 (1) Fees for Professional Services (A01211120010)--$13,600.00 (2) General Fund Contingency Reserve (A01941032006) (13,600.00) 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 July, 1981. No. 25689. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 1-17, City work force - established, Section 1-18, Maximum number of participants, Section 1-19, Supervision, management and control, and Section 1-20, Report of completion of program, 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 sections: Section 1-17. City work force - established. There is hereby established a City Work Force composed of those persons convicted of violating the laws of the Commonwealth or the ordinances of the City who are referred to the City for public service work by the courts and who are accepted into the work force program by the City. Prior to acceptance into the program, each participant shall enter into a contract with the City, which contract shall contain such terms and conditions deemed appropriate by the City Manager. Such work shall be performed without salary, pay or other remuneration. Section 1-18. Maximum number of participants. The City Manager shall, from time to time, determine the maximum number of persons who will be allowed to participate in the City Work Force. Section 1-19. Supervision~ management and control. Members of the City Work Force shall perform public service work under the supervision, management and control of the City Manager. Section 1-20. Report of completion of program. Upon termination of each participant's service with the City Work Force, the City Manager shall advise the court whether or not the partici- pant successfully completed the work force assignment. 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 27th day of July, 1981. No. 25690. AN ORDINANCE authorizing execution of a written agreement with the City of Roanoke Redevelo ment and Housing Authority relating to the performance of certain Community Development Block Grant program activities to be undertaken by the City during Program Year 1981-82, 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 execute, for and on behalf of the City, a written agreement, more particularly described in the report of the City Manager dated July 27, 1981, and providing for the provision of certain administrative services under the City's Community Development Block Grant for the 1981-82 Program Year, between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, to be retroactive to include program activities carried out since July 1, 1981, 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 for the aforesaid Grant, the scope of which services are to be negotiated by the City Manager and set out in said written agreement, along with certain terms and conditions described in the aforesaid report. 2. The total funds available to the Authority for its administration of the portions of the Community Development Block Grant Program provided for in the agreement between the City and Authority shall not exceed $409,100.00. 3. The form of contract between the City and the Authority 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 27th day of July, 1981. No. 25691. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sanitation Projects $2,776,696.24 Storm Drain Projects I thru XI (1-11) ......................... 229,934.00 Public Improvement Bonds Series 1980A 2,905,790.00 Storm Drains (12) ............................................. 1,370,066.00 (1) Appropriated from Bond Funds (A08220191801) ..... $ (2) Appropriated from Bond Funds (A08220191901) ..... (3) Appropriated from Bond Funds (A08220192001) ..... (4) Appropriated from Bond Funds (A08220192101) ..... (5) Appropriated from Bond Funds (A08220192201) ..... (6) Appropriated from Bond Funds (A08220192301) ..... (7) Appropriated from Bond Funds (A08220192401) ..... (8) Appropriated from Bond Funds (A08220192501) ..... (9) Appropriated from Bond Funds (A08220192601) ..... (10) Appropriated from Bond Funds (A08220192701) ..... (11) Appropriated from Bond Funds (A08220192801) ..... (12) Storm Drains (A08310172601) 31,925.00 4,985.00 17,809.00 28,700.00 34,100.00 14,660.00 25,580.00 13,355.00 31,387.00 7,733.00 19,700.00 (229,934.00) 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 27th day of July, 1981. No. 25692. AN ORDINANCE authorizing the City Manager to enter into twelve engineering contracts in connection with the design of certain storm drain projects; 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, and the City Clerk is authorized to attest, the requisite contracts with Mattern and Craig/Lumsden and Associates; T. P. Parker and Son; Hayes, Seay, Mattern and Mattern; Delta Associates, Inc. and Anderson and Associates, Inc. for the design of those twelve storm drain projects, consisting of certain sub-projects, listed in a report from the City Manager dated July 27, 1981 on this subject (the Report), filed in the Office of the City Clerk, reference to which is hereby made. These contracts shall incorporate the fee arrangements and design times set forth in the Report, as well as any other terms and conditions which the City Manager may require and shall be on such form as approved by the City Attorney. These services shall cost the City $279,934, as set forth in the Report, and shall be paid for from funds heretofore or simultaneously appropriated for this purpose. 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 Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25693. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Improvement Reserve Post Office Renovation (1) ............................ $1,800,000.00 Other Public Buildings Intermodal Transport Center (2) ....................... .00 (1) Post Office Renovation (A08310172505) ...... $ 6,150.00 (2) Intermodal Transport Center (A08180190603)- (6,150.00) 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 27th day of July, 1981. No. 25694. A RESOLUTION authorizing acceptance of a certain grant from the United States Economic Development Administration; and authorizing the appropriate City officials to execute the City's acceptance of the aforesaid grant offer on behalf of the City and to agree on behalf of the City of Roanoke that the City will comply with the terms and conditions of the grant agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made of a grant of federal funds in the amount of $612,400.00 from the Economic Development Administration for the Roanoke Intermodal Transportation Terminal project, with the City to provide local match funds of $153,100.00 from funds previously or simultaneously appropriated by Council. 2. That H. B. Ewert, City Manager, or Sam H. McGhee, III, Assistant City Manager, be and is hereby authorized and directed to execute, for and on behalf of the City of Roanoke, written acceptance of the foregoing grant; to accept, execute, and file the Offer of Grant of the Economic Development Administration; and to agree to comply with the terms and conditions of the grant agreement, applicable law, and the regulations and requirements of such Administration, now or hereafter in effect, pertaining to the assistance provided. 3. That the City Manager or Assistant City Manager is further directed to furnish such additional information as may be required by the Economic Development Administration in connection with the City's acceptance of such grant or with such project. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25695. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Mass Transit Facilities $1,312,557.90 Intermodal Transportation Center (1-2) .............. 1,290,820.00 REVENUE Due from Federal Government 4,296,639.74 E.D.A. Grant (01-01-02308) (3) ...................... 612,400.00 Fund Balance Unappropriated (4) .......................... 1,754,167.30 (1) Appropriate from Capital Grant (A08190190202) ..... $612,400.00 (2) Appropriate from General Revenue (A08190190203)--- 153,100.00 (3) E.D.A. Grant (01-01-02308) (X08113102) 612,400.00 (4) Fund Balance Unappropriated (X08937210) 153,100.00 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 27th day of July, 1981. No. 25696. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Fifth District 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 1981-82 Fifth District Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fifth District Employment & Training Consortium (C.E.T.A.) $5,729,610.85 SPEDY (51-1-204-32) (1) .............................. 541,578.07 REVENUE Fifth District Employment & Training Consortium (C.E.T.A.) $5,708,824.85 SPEDY (51-1-204-32) (2) .............................. 541,578.07 (1) Unobligated SPEDY (A34816599999) (2) SPEDY (51-1-204-32) (R34810165) $368,831.00 368,831.00 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 July, 1981. No. 25697. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriation Ordinance, and providing for an emergency. ~i~AS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Welfare and Social Services Title XX Services (1) .................................. $14,299.42 REVENUE Charges for Current Services Title XX Receipts (2) .................................. 14,299.42 (1) Title XX Services (A01532020066) (2) Title XX Receipts (R01083530) $14,299.42 14,299.42 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 July, 1981. No. 25698. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks, Recreational and Cultural $1,642,440.00 Library (1) ............................................. 790,301.00 REVENUE Grants-in-Aid Commonwealth 28,788,452.00 Library (2) ............................................. 114,578.00 (1) Books and Publications (A01731030047) ...... $2,131.00 (2) Library (R01063055) 2,131.00 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 July, 1981. No. 25699. A RESOLUTION authorizing the City Manager or the Assistant City Manager to accept a certain Grant-In-Aid for the City's Library approved by the State Library Board and to execute the requisite document to enable the City to receive such Grant-In-Aid. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized, for and on behalf of the City, to accept a certain Grant-In-Aid for the City's Library in the amount of $114,578, as approved by the State Library Board, and to execute a certain document entitled "Authorization of Expenditure of State Aid Funds 1981-1982" to enable the City to receive such Grant-In-Aid. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25700. AN ORDINANCE authorizing the purchase of supplies of liquid alum, standard ground alum and liquid chlorine for the City's water and sewage treatment facilities for the period beginning July 1, 1981, and ending June 30, 1982, upon certain terms and conditions, by accepting certain bids made to the City; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The respective bids (a) of Allied Chemical Corporation, to furnish to the City liquid alum for sewage treatment at the unit price of $134.21 per ton, net, f.o.b., destination; (b) of Jones Chemical Company, Inc., to furnish to the City standard ground alum for water treatment at the unit price of $231.08 per ton, net, f.o.b., destination, this price being subject to change on thirty day's written notice; and (c) of McKesson Chemical Company, to furnish to the City liquid chlorine for water and sewage treatment at the unit prices of $19.00 per CWT on 150 lb. cylinders and $8.43 per CWT on 2000 lb. cylinders, net, f.o.b., destination, all in accordance with the bidders' proposals and the City's specifications made therefor, for the period beginning July 1, 1981, and ending June 30, 1982, delivery to be made as ordered by the City's Manager of General Services, are hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed, on behalf of the City, to issue purchase orders for these chemicals which will be paid for out of funds appropriated for the purpose upon acceptance by the City. 3. The other bids received by the City for the supply of these chemicals are hereby REJECTED; and the City Clerk will notify the other bidders and express to each the City's apprecia- tion 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 27th day of July, 1981. No. 25701. AN ORDINANCE accepting the proposal of Griffin Pipe Products Company for furnishing and supplying certain ductile iron water pipe to be used by the City's Water Department for the period beginning July 1, 1981 and ending June 30, 1982; authorizing the proper City officials to execute the requisite purchase orders; rejecting all other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Griffin Pipe Products Company of Lynchburg, Virginia, for furnishing and supplying to the City certain quantities of various sizes of ductile iron pipe, as needed, in full accordance with the City's plans and specifications, and during the periods of time mentioned in said specifications, for the unit prices as follows: Description 100 L.F. - 100 L.F. - 1,000 L.F. - 100 L.F. - 2,000 L.F. - 200 L.F. - 4,500 L.F. - 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 500 L.F. - 12" pipe, mechanical joint 11,000 L.F. - 12" pipe, push-on joint 100 L.F. - 16" pipe, mechanical joint 10,000 L.F. , 16" pipe, push-on joint 3,300 L.F. - 20" pipe, push-on joint Unit Price $ 4.27 $ 4.58 $ 4.21 $ 5.72 $ 5.19 $ 7.71 $ 7.10 $ 12.69 $ 11.82 $ 17.62 $ 16.02 $ 21.o8 said pipe to be delivered f.o.b., Roanoke, Virginia, Purchasing and Materials Control Warehouse, 1046 Campbell Avenue, N. E., which proposal is on file in the Office of the City Clerk, be and said proposal is hereby ACCEPTED. 2. The City's Manager of General Services, with the approval of the City Manager, be and he is authorized and directed to issue, from time to time, purchase orders to the aforesaid supplier for supply to the City of needed quantities of such pipe, such purchase orders, likewise, to have incorporated therein the above-mentioned specifications and to be, otherwise, consistent with the provisions of this ordinance. 3. The proposals of the other bidders for the supply of said material be and the same are hereby REJECTED; the City Clerk to so notify said other bidders and to express to each the City's appreciation of each said bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25703. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Government ..................................... $3,367,629.00 Director of Real Estate Valuation (1) ................ 432,371.00 Public Safety .......................................... 11,783,527.00 Fire Suppression (2) ................................. 4,372,704.00 Internal Services ...................................... 10,575,139.15 Grounds Maintenance (3) .............................. 643,928.16 (1) Fees for Professional Services (A01123520010) (2) Vehicular Equipment (A01321390010) (3) Vehicular Equipment (A06263590010) $ 60,000.00 161,872.00 120,721.16 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 July, 1981. No. 25704. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Operating (1-6) ................................................. $2,728,418.42 Capital Outlay (7-28) ........................................... 2,648,261.80 (1) Stationery and Office (A02211030005) (2) Building and Property (A02211034005) (3) Building and Property (A02212034005) (4) Other Equipment (A02212034015) (5) Chemicals (A02213030051) (6) Other Equipment (A02213034015) (7) S.W. Trunk Line (Phase 4) (A02511090301) (8) 8-12 Line Edgewood Corridor (A02511090701) (9) 16 Line Peters Creek Road (A02511091001) (10) 12 Line Strother Road (A02511091101) (11) Rt. 24 Project Water Line (A02511091201) (12) 12 Line Brambleton Avenue (A02511091301) (13) Flocculator Replacement (A02511091601) (14) 10 Year Meter Replacement (A02511091701) (15) Statesman 20 & 12 Line (A02511092701) (16) 12 Line Grandin to Rt. 419 (A02511092901) $ 13.14 27,500.00 525.30 588.90 9,647.35 1,180.73 156,515.83 98,075.03 26,280.49 20,700.00 6,806.25 22,971.92 66,000.00 54,677.17 55,792.06 51,230.70 (17) 16 Line Rt. 419 Loop (A02511093001) (18) 12 Line Cove Road (A02511093101) (19) 12 Line Lewiston St. (A02511094301) (20) 20 Line Route 460 East (A02511094601) (21) 12 Line King to Virginia (A02511094901) (22) 12 Line Route 220 South (A02511095201) (23) Carvins Cove Roof Replacement (A02511095501) ..... (24) CS Basin Wall Replacement (A02511095801) (25) FC Plans and Specs (A02511096101) (26) Statesman Telemetry (A02511096401) (27) Carvins Cove Lane (A02521091301) $109,969.36 16,542.40 24,885.16 86,481.02 155,918.74 69,278.96 25,500.00 100,000.00 54,000.00 6,534.58 144,603.00 (28) Carvins Cove Filter Plant Add't. (A02521091401)-- 693,374.13 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 July, 1981. No. 25705. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Operating (1-3) ........................................... $5,198,487.85 Capital Outlay (4-11) ..................................... 3,289,006.97 (1) Fees for Professional Services (A03210320010) .... $ (2) Restoration and Construction (A03210330045) ...... (3) Chemicals (A03210330051) (4) New Glade Creek Interceptor (A03511091101) (5) Norfolk Avenue Sewer Project (A03511091201) ...... (6) Tinker Creek Parallel (A03511091301) (7) STP Flood Relief (A03511091401) (8) Ore Branch Upper Segment (A03511091501) (9) Ore Branch Lower Segment (A03511091601) (10) Sludge Dewatering Facility (A03511091701) (11) Sewer Line Replacement (A03511091901) 363,755.00 51,091.80 7,135.05 610,231.52 274,329.66 1,217,725.27 286,420.00 245,431.42 569,869.10 50,000.00 35,000.00 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 27th day of July, 1981. No. 25706. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Airport Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Operating (1-2) ............................................ $1,266,150.85 Capital Outlay (3-12) ...................................... 1,548,629.69 (1) Fees for Professional Services (A04210420010)---$ 15,489.20 (2) Building and Property (A04210434005) (3) Relocate Fire Alarm (A04511090901) (4) ADAP Project No. 651004509 (A04511091401) (5) ADAP Project No. 651004506 (A04511091501) (6) Acquire Land/Noise Abatement (A04511091801) ..... (7) ADAP Project No. 651004510 (A04511091901) (8) Parking Lot (A04511092001) (9) Runway Improvements (A04511092101) (10) ADAP Project No. 651004511 (A04511092200) (11) ADAP Project No. 651004512 (A04511092301) (12) Access Road (A04511092002) 3,856.65 1,185.00 196,200.14 66,257.35 85,520.00 160,104.09 13,698.00 292,389.19 130,313.92 562,500.00 3,462.00 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 July, 1981. No. 25707. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Operating (1-4) .................................................. $1,211,420.59 (1) Landscaping Supplies (A05210530003) $1,765.00 (2) Stationery and Office (A05210530005) 144.00 (3) Restoration & Construction (A05210530045) ...... 157.20 (4) Expend Tools & Equipment (A05210530035) 2,318.39 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 July, 1981. No. 25708. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that cer.tain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaine~ to read as follows, in part: APPROPRIATIONS Community Development Block Grant B-80-MC-51-0020 (A356680) (1-2) ................................... $2,740,963.70 REVENUE Community Development Block Grant Other Program Income and Payment (R35666603) (3) .................. 280,524.12 (1) Unprogrammed CDBG - Rehab Loans (A35668000407) .... $ 5,261.26 (2) Unprogrammed CDBG - Nonsettlement (A35668000408)-- 22,706.00 (3) Other Program Income and Payment (R35666603) ...... 27,967.26 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 27th day of July, 1981. No. 25709. A RESOLUTION rejecting all proposals received for Airport Parking Lot Improvements and authorizing the City Manager to readvertise this matter for new proposals. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Upon due consideration of the report of the Bid Committee appointed to review proposal~ submitted for parking lot improvements at Roanoke Municipal Airport, Woodrum Field, this Council concurs in such report, and the proposals received and opened on June 8, 1981, are hereby REJECTED. 2. The City Manager is authorized to revise the specifications and readvertise for new proposals for parking lot improvements at the Airport, at such time as he might see fit to do so. 3. The City Clerk is directed to notify all those parties submitting proposals of the action of Council and express to each the City's appreciation for its proposal. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25710. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Community Development Block Grant B-80-MC-51-0020 (A356680) (1) ......................... $2,726,996.44 B-81-MC-51-0020 (A356681) (2) ......................... 2,429,000.00 (1) Garden City Parks, Playgrounds and Other Recreation (A35668000801) ..... $ 14,000.00 (2) Garden City Street Improvements (A35668100802) (14,000.00) 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 27th day of July, 1981. No. 25711. AN ORDINANCE accepting a certain proposal and awarding a contract for construction of certain improvements to Garden City Park, upon certain terms and conditions; authorizing the appro- priate 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 bid and proposal made by S. R. Draper Paving Company, Inc., of Roanoke, Virginia, for construction of Garden City Park Improvements plus Alternate No. 1, in full accordance with the City's plans and specifications therefor, with a construction time of ninety (90) calendar days, for the sum of $63,293.85 plus Alternate No. 1 in the amount of $23,366.40 for a total bid of $86,660.25, payable as provided in the bid documents which are on file in the Office of the City Clerk, be and such bid is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a requisite contract in writing with the aforesaid bidder, such contract to have incorporated therein the aforesaid specifications, said bidder's proposal and the provisions of this ordinance, the form of such contract to be approved by the City Attorney. 3. The other bids for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each bidder and to express the City's appreciation for the submission of 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25712. A RESOLUTION expressing the opposition of this Council to a proposed Federal Aviation Administration rule which would restrict access of commercial air flights from Roanoke Municipal Airport, Woodrum Field, to Washington National Airport. WHEREAS, the Federal Aviation Administration (FAA) has proposed to limit commercial air service to Washington National Airport and such limitations will adversely affect Washington-bound air travelers from Roanoke Municipal Airport, Woodrum Field; WHEREAS, Washington National Airport provides the most convenient possible access to the Nation's Capitol for citizens who need to conduct business in Washington; WHEREAS, the plan proposed by the FAA unfairly discriminates against smaller markets and markets located nearer to Washington, such as Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of expressing its opposition to the rule proposed by FAA which will limit access to Washington National Airport for flights originating at Roanoke Municipal Airport, Woodrum Field. 2. The Clerk is directed to forward attested copies of this resolution to The Honorable Harry F. Byrd, Jr., The Honorable John W. Warner, Members of the United States Senate, The Honorable M. Caldwell Butler, Member, House of Representatives, Edward P. Faberman, Office of the General Counsel, FAA, and William R. Howard, President, Piedmont Airlines. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of July, 1981. No. 25713. A RESOLUTION directing that the City Attorney institute and conduct a 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: Name Legal Description Herman B. Steptoe Ruth Steptoe Lot 10, Block 19, Northside Land Company Addition, 530 Rutherford Avenue Herman L. Haley Charlotte Haley Lot 11, Block 7, Villa Heights 916 25th Street, N. W. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1981. No. 25702. AN ORDINANCE amending Divisions 1 and 3 of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, by adding a new section, Section 20-74, Removal of disabled vehicles from paved surface of highway; time limit for disabled, abandoned or unlicensed vehicles standing on highway, and by providing for a penalty for violating the same in Section 20-89 (b) (3). BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Division i of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, be and said Division of Chapter 20 is amended to include a new section to read and provide as follows: Section 20-74. Removal of disabled vehicles from paved surface of highway; time limit for dis- abled, abandoned or unlicensed vehicles standing on highway. The driver of any vehicle which is temporarily disabled while on the paved surface of the highway shall remove the same as soon as possible and, in no event shall a disabled, abandoned or unlicensed vehicle be left standing on any part of a highway for a period longer than twenty-four (24) hours. This pro- vision shall not be construed in any case to authorize a disabled, abandoned or unlicensed vehicle to remain upon any highway for a period less than twenty- four (24) hours when it is practicable to leave such vehicle standing off the highway or when such vehicle, in fact, obstructs traffic or creates a traffic hazard on such highway. 2. Section 20-89(b)(3) of Division 3 of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, be and said section is amended to read and provide as follows: (3) A penalty of five dollars (~5.00) may be paid for a violation of sections 20-65, 20-66, 20-67, 20-70, 20-71, 20-72, 20-73, 20-74, 20-80 or 20-81, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof, or prior to the receipt of a notice from the City pursuant to section 46.1-179.01, Code of Virginia (1950), as amended, whichever is later. If not paid within ten (10) days, a notice pursuant to section 46.1-179.01 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 a penalty of ten dollars ($10.00) within five (5) days of receipt of such notice. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1981. No. 25716. AN ORDINANCE authorizing the City Manager to enter into a contract with VVKR Incorporated to provide architectural services identified as the EDA Rehabilitation Components of the Transpor- tation Station/Mini-Mall; 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 shall be authorized to execute and attest, respec- tively, an agreement with VVKR Incorporated for the provision by such firm of architectural services identified as the EDA Rehabilitation Components of the Transportation Station/Mini-Mall, such services being more particularly set forth in a report of the City Manager dated August 10, 1981, and the attachments thereto. 2. The contract authorized by this ordinance between the City and VVKR Incorporated shall be subject to EDA approval. 3. The maximum compensation to WKR Incorporated under the contract approved by this ordinance shall not exceed $70,500.00 without approval of this Council. 4. The form of the contract between the City and the architect shall be approved by the City Attorney. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its pas- sage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1981. No. 25719. AN ORDINANCE authorizing the City Manager to enter into a new agreement with Local No. 55, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, to be effective August 10, 1981, relative to services of such independent contractor at the Roanoke Civic Center, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to enter into an agreement with Local No. 55, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, providing for the provision of certain services at the Civic Center by such independent contractor, providing for an increase of six percent (6%) in the fees paid for such services, and providing for a term commencing on August 10, 1981, and continuing until terminated by agreement by the parties, and upon certain other terms and conditions, 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1981. No. 25720. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaine~ to read as follows, in part: APPROPRIATIONS Litter Control (1) .......................................... $15,854.00 REVENUE Litter Control (2) .......................................... 15,854.00 (1) Professional Services (A35510950010) (2) Grant Receipts (R35510921) $7,927.00 7,927.00 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 10th day of August, 1981. No. 25721. AN ORDINANCE authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Conservation and Economic Development, Division of Litter Control and the execution and filing of all necessary or appropriate forms for the acceptance of said grant for the purpose of litter control projects; authorizing the execution of a contract with the Clean Valley Committee, Inc., for litter control; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the grant offered by the Virginia Department of Conservation and Economic Development, Division of Litter Control, in the total amount of $7,927.00, for the purpose of litter control projects. 2. H.B. Ewert, City Manager, or Sam H. McGhee, III, Assistant City Manager, be and is hereby authorized to accept, execute, and file on behalf of the City of Roanoke all necessary or appropriate forms for the acceptance of said grant. 3. The City Manager or Assistant City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Conservation and Economic Development, Division of Litter Control, in connection with the City's acceptance of the foregoing grant or with such projects. 4. The City Manager or the Assistant City Manager be and is hereby authorized to enter into a contract with the Clean Valley Committee, Inc. for litter control services contemplated in the grant, 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1981. No. 25722. A RESOLUTION waiving the standard rental fee for use of a City facility. WHEREAS, by Resolution No. 24982, dated January 28, 1981, this Council established a policy with respect to waiver of rental fees for use of City facilities and property by certain organizations. WHEREAS, the applicant organization has represented that it is an organization qualifying for waiver of rental fees pursuant to the provisions of paragraph 2 of Resolution No. 24982. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Roanoke Valley Shrine Club of Kazim Temple shall be authorized use of Victory Stadium, with waiver of the standard rental fee on September 5, 1981. 2. The applicant organization shall comply with all the terms and conditions of Resolution No. 24982, dated January 28, 1980. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1981. No. 25723. A RESOLUTION authorizing renewal of an agreement with the County of Roanoke relating to the joint use of library facilities of the City of Roanoke and the County of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk be and they are hereby authorized to execute, seal and attest, respectively, a renewal of a certain agreement dated April 27, 1976, providing for the joint use of public library facilities by the citizens of the City of Roanoke and the County of Roanoke, parties to such agreement, upon terms and conditions set out in a report of the City Manager to Council dated August 10, 1981, such renewal to be in such form as is approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of August, 1981. No. 25724. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Public Buildings $4,473,683.02 Farmers Stalls Improvements (1-2) ........................... 255,300.00 Public Improvement Bonds Series 1980A 2,703,790.00 Public Buildings (3) ........................................ 797,279.00 REVENUE Fund Balance - Unappropriated (4) ............................. 1,668,167.30 (1) Appropriated from Bond Funds (A08180191201) ..... $ 180,000.00 (2) Appropriated from General Revenue (A08180191203) 55,000.00 (3) Public Buildings (A08310172602) (180,000.00) (4) Fund Balance - Unappropriated (X08937210) (55,000.00) 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 10th day of August, 1981. No. 25725. AN ORDINANCE providing for the implementation of Century Project 57-80 in the Market Square and First Street, S. E., area of the City, upon certain terms and conditions, by accepting the lowest bid made to the City; authorizing execution of the requisite contract; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Watts and Breakell, Inc., of Roanoke, Virginia, for furnishing within 200 consecutive calendar days all necessary equipment, labor, and materials, required for construc- tion of Century Project 57-80, including certain improvements in the Market Square and First Street, S. E., areas of the City, as described in reports of the City Manager and Bid Committee dated August 10, 1981, being the lowest and best bid made in full accordance with the City's plans and specifications, including Alternatives 1, 2 and 3 to the base bid, for the total sum of $219,760.00, is hereby ACCEPTED. A contingency for the project in the amount of $15,263.00 shall be established. These sums shall derive from funds heretofore or simultaneously appropriated for this purpose. 2. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. That the other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and express to each the City's appreciation of 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1981. No. 25714. AN ORDINANCE amending Ordinance No. 25304, adopted September 22, 1980, rezoning, subject to certain conditions, certain property at 3729 and 3735 Hollins Road, N. E. WHEREAS, by Ordinance No. 25304, adopted September 22, 1980, this Council amended Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 328, Sectional Zoning Map, City of Roanoke to provide for the rezoning of certain property at 3729 and 3735 Hollins Road, N.E., known as Lots 1 and 2, Block 2, Map of Northfield Addition, and identified as Official Tax Numbers 3280501 and 3280502, from RD Duplex Residential District to C-2 General Commercial District, subject to certain conditions proffered by the applicants for said rezoning; and WHEREAS, one of the aforesaid conditions provided that Lot 1 of the subject property would be "used as a real estate office exclusively"; and WHEREAS, a petition has been filed requesting that Council amend the aforementioned conditions to provide that Lot i can be used not only for a real estate office, but also for general professional and business offices, including but not limited to offices for doctors, lawyers, surveyors, optometrists, dentists and life insurance agents; and WHEREAS, the petitioners have proffered, during a public hearing on the matter before the Planning Commission of the City of Roanoke, certain additional conditions to attach to their property if Council amends Ordinance No. 25304, as requested, and have set these conditions out in writing in a letter to Council dated August 6, 1981; and WHEREAS, the City Planning Commission has conducted a public hearing on the request of the petitioners, and has made a recommendation to this Council, and the requirements of Section 36-556 of the Code of the City of Roanoke (1979), as amended, have been met; and WHEREAS, the petitioners have proposed to post a performance bond in the sum of $2000 secured by cash or real property for the performance of the proffered conditions, as amended, which bond shall be released upon completion to the satisfaction of the City's Zoning Administrator; and WHEREAS, the petitioners have further proffered that in the event the conditions, as amended, are not complied with in the prescribed time limitations, the zoning shall revert to RD - Duplex Residential District; and WHEREAS, this Council, after considering the aforesaid petition, the recommendations made to Council and matters presented at a public hearing before Council on August 10, 1981, is of the opinion that the request of the petitioners should be granted, subject to the additional conditions proffered. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 25304 be and it is hereby amended and reordained to the extent that it provide that property at 3729 and 3735 Hollins Road, N. E., known as Lots 1 and 2, Block 2, Map of Northfield Addition, and identified as Official Tax Numbers 3280501 and 3280502, be rezoned from RD Duplex Residential District to C-2 General Commercial District, upon posting of the aforesaid bond, subject to the conditions referenced in Ordinance No. 25304 as well as the additional conditions proffered in writing, with the exception that the condition that Lot 1 of the rezoned property be "used as a real estate office exclusively" be amended to provide that Lot 1 can be used not only for a real estate office, but also "for general professional and business offices, including but not limited to offices for doctors, lawyers, surveyors, optometrists, dentists and life insurance agents." ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1981. No. 25715. AN ORDINANCE permanently vacating, discontinuing and closing a portion of Bullitt Avenue, S. E., in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, the City of Roanoke, has heretofore filed an application requesting the Council of the City to permanently vacate, discontinue and close a portion of Bullitt Avenue, S. E., as more particularly described hereinafter; and WHEREAS, the City did, on June 11, 1981, duly and legally publish as required by Section 15.1-364 of the Code of Virginia (1950), as amended, a notice of its application by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), and at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to Council; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on July 15, 1981, reported to Council and recommended that the hereinafter described portion of Bullitt Avenue, S. E., be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular meeting on August 10, 1981, at 7:30 p.m., after due and timely notice thereof by publication in The Roanoke Times & World News, 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 portion of the hereinafter described street 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 a portion of the said street, as requested by the City and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that 0.447 acre portion of Bullitt Avenue, S. E., extending from the westerly side of Williamson Road, S. E., for approximately 200 feet, as shown in detail on Plan No. 5806 prepared by the City Engineer's Office of the City of Roanoke, be, and it is hereby permanently vacated, discontinued, and closed, and that all right and interest of the public in and to the same for use as a public right-of-way 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 street, together with the right of ingress or egress for the maintenance of such lines, mains or utilities. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said portion of Bullitt Avenue, S. E., on all maps and plats on file in his office on which said street is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of the City of Roanoke as grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1981. No. 25717. AN ORDINANCE providing for the conveyance of a right-of-way and easement over City property located in the South Clear Zone of Roanoke Municipal Airport, Woodrum Field, for storm drain purposes, subject to certain conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager be and is hereby authorized and empowered to execute on behalf of the City a letter, in form approved by the City Attorney, granting to the Virginia Department of Highways and Transportation and its designated agents, employees, or contractors a right-of-way and easement for the purpose of storm drain construction in relation to proposed highway improvement known as the Hershberger Road Project. Such right-of-way and easement shall be over a 52.63 acre tract commonly referred to as the South Clear Zone of Roanoke Municipal Airport, Woodrum Field, located on the south side of Hershberger Road, N. W., identified as Official Tax No. 2380101. The location of such right-of-way and easement is more particularly shown on a plat attached to the report of the City Manager dated August 10, 1981 on file in the Office of the City Clerk. 2. Such right-of-way and easement shall be conditioned upon all construction being carried out in full compliance with all Federal Aviation Administration safety regulations for airports, aircraft and aircraft navigation. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1981. No. 25718. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a certain deed of easement to the Chesapeake and Potomac Telephone Company of Virginia. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized and directed for and on behalf of the City, to execute and deliver an easement to the Chesapeake and Potomac Telephone Company of Virginia, conveying unto said Company a right-of-way and easement, with the right, privilege and authority to said Company, its successors and assigns, subject to such reasonable terms and conditions as may be deemed necessary by the City Manager, to construct, erect, operate and maintain an above-ground metal cabinet to serve as an interconnecting point for telephone cables serving the area, said right-of- way being in the City of Roanoke, on land owned by the City at the Preston Park School, 3412 Preston Avenue, the location of said right-of-way and easement being shown on a plat attached to a report of the City Manager dated August 10, 1981, a copy of which is on file in the Office of the City Clerk, for the nominal consideration of $1.00, all after the form of such easement shall have been approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1981. No. 25726. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund and Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations Education (A01600) (1-5) ................................... $33,516,927.91 GRANT PROGRAMS FUND Appropriations Roanoke City School Grants (A354000) ....................... $ 4,554,311.01 ESEA Title IV-C CAP (6-12) ............................... ESAA Title VI 1981-82 (13-20) ............................ Flow-Through 1981-82 (21-26) ............................. Roanoke Detention Home 1981-82 (27-31) ................... Pre-School Incentive 1981-82 (32-34) ..................... ABE/DIAL 1981-82 (35-44) ................................. 72,280.00 227,427.00 84,000.00 24,831.00 3,920.00 75,100.00 Revenue Roanoke City School Grants ................................. 4,554,291.01 ESEA Title IV-C Cap 1981-82 (45-46) ...................... ESAA Title VI 1981-82 (47) ............................... Flow-Through 1981-82 (48) ................................ Roanoke Detention Home 1981-82 (49) ...................... Pre-School Incentive 1981-82 (50) ........................ ABE/DIAL 1981-82 (51-52) ................................. 72,280.00 227,427.00 84,000.00 24,831.00 3,920.00 75,100.00 (1) Employee's Contribution Fringe Benefit FICA (A01610911102) (2) Other Attendance & Health-Testing (A01610430109) (3) Comp-Inst. Personnel ABE/DIAL (A01611110139) (4) Grant Fund - Local Match (A01631037035) .... (5) Grant Fund - Local Match (A01631037035) .... (6) Salaries (A35420710002) (7) Fringes (A35420711070) (8) Contracted Services (A35420720010) (9) Evaluation Services (A35420720040) (10) Dissemination Services (A35420720041) (11) Supplies (A35420730005) (12) Travel (A35420733005) (13) Supervisor (A35430510030) (14) Secretary (A35430510031) (15) Counselors (A35430510032) (16) Fringes (A35430511070) (17) Admin. Supplies (A35430530005) (18) Counselor Supplies (A35430530070) $ (6,139.75) (1,300.00) (16,100.00) 23,539.75 (23,539.75) 56,000.00 12,300.00 800.00 1,980.00 400.00 500.00 300.00 28,600.00 6,000.00 147,350.00 40,557.00 1,000.00 320.00 (19) Admin. Travel (A35430533015) (20) Counselor Travel (A35430533016) (21) Fringe (A35450811070) (22) Contracted Medical Serv. (A35450820010) (23) Supplies (A35450830005) (24) Duplication Supplies (A35450830086) (25) Travel (A35450833015) (26) Equipment (A35450890005) (27) Salary (A35451410002) (28) Fringes (A35451411070) (29) Supplies (A35451430005) (30) Travel (A35451433015) (31) Indirect Costs (A35451435040) (32) Salaries (A35451510002) (33) Fringes (A35451511070) (34) Equipment (A35457590005) (35) Head Teacher (A35470610030) (36) Secretary (A35470610031) (37) Part-Time Secretary (A35470610032) (38) Instruction Assistant (A35470610033) (39) Part-Time Aides (A35470610034) (40) Part-Time Supervisor (A35470610035) (41) Fringes (A35470611070) (42) Office Supplies (A35470630005) (43) Telephones (A35470631005) (44) Travel (A35470633005) (45) Federal Grant Receipts (R35420721) (46) Local Match (R35420731) (47) Federal Grant Receipts (R35430521) (48) State Grant Receipts (R35450825) (49) State Grant Receipts (R35451425) (50) Federal Grant Receipts (R35451521) (51) Federal Grant Receipts (R35470621) (52) Local Match (R35470631) 1,000.00 2,600.00 36,074.00 30,250.00 8,300.00 542.00 5,134.00 3,700.00 19,058.00 4,220.00 400.00 200.00 953.00 2,426.20 161.34 1,332.46 24,540.00 10,930.00 16,800.00 4,320.00 2,333.00 1,800.00 9,687.00 2,400.00 2,040.00 25O.0O 64,840.25 7,439.75 227,427.00 84,000.00 24,831.00 3,920.00 59,000.00 16,100.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1981. No. 25727. AN ORDINANCE authorizing the City Manager to procure public officials liability insurance coverage from Pacific Employers Insurance Company for a three-year term; and providing for an emer- gency. 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 purchase public officials liability insurance from Pacific Employers Insurance Company with coverage in the amount of $3,000,000 for each incident and $3,000,000 annual aggregate for a fee of $16,757.00 for the first year, $12,568.00 for the second year and $12,568.00 for the third year, the terms and conditions of such policy being more fully described in the City Manager's report dated August 24, 1981, and the City Attorney's report bearing the same date. 2. The City Manager shall be authorized to execute, for and on behalf of the City, any applications or other documents required for the procurement of such insurance. 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 24th day of August, 1981. No. 25728. AN ORDINANCE authorizing a certain contract to be entered between the City and C & L Investments and/or Crown Point Associates, Inc., to provide for developer contributions toward the construction of a certain sanitary sewer line; 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 a written contract with C & L Investments and/or Crown Point Associates, Inc., providing for construc- tion of sanitary sewer improvements in the general area of a 30-unit condominium complex proposed to be constructed at the southeast corner of Garden City Boulevard and Crown Point Road with the developer providing engineering drawings and making a lump sum contribution of $15,000.00 toward construction of such sanitary sewer project. 2. The contract shall contain such other terms and conditions as are deemed appropriate by the City Manager and shall be in form approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1981. No. 25729. AN ORDINANCE authorizing the City Manager to execute and Urban Homesteading agreement with the United States Department of Housing and Urban Development; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, H. B. Ewert, be and he is hereby authorized and directed, for and on behalf of the City, to enter into a written agreement with the United States Department of Housing and Urban Development relating to the City's Urban Homesteading Program, a copy of which agreement is attached to a report of the City Manager, dated August 24, 1981, on approval of the form of the agreement 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 APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of August, 1981. No. 25730. AN ORDINANCE authorizing the City Manager to execute an amendment to the Closeout Agreement~ for the A-6 (Gainsboro), R-42 (Downtown East) and R-45 (Kimball) urban renewal projects; and providin for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, H. B. Ewert, be and he is hereby authorized and directed to enter into a written amendment to the Closeout Agreements for the A-6 (Gainsboro) and R-42 (Downtown East) urban renewal projects, dated September 14, 1978, and to the Closeout Agreement for the R-46 (Kimball) urban renewal project, dated August 21, 1979, such amendment to provide that Section B of each of these Closeout Agreements be amended to provide that the proceeds from the sale of land in the three subject urban renewal projects may be used by the Roanoke Redevelopment and Housing Authority to construct a certain parking structure in the Downtown East Project area, as described in a report of the City Manager dated August 24, 1981; such amendments to be in such form as is approved by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1981. No. 25731. AN ORDINANCE authorizing the City Manager to execute and deliver a deed of easement to the Chesapeake and Potomac Telephone Company of Virginia. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to execute and deliver an easement to the Chesapeake and Potomac Telephone Company of Virginia, conveying unto said Company, its successors, assigns, lessees and agents, a right-of-way and easement for the purpose of improving the telephone plant of the Company, said easement being in the City of Roanoke on property owned by the City known as the City Health Center at 820 Campbell Avenue, S. W., the dimensions of said easement being five feet by five feet and the location of said easement to be at the southeast corner of the above-described property and more particularly described in the plat attached to the easement, a copy of which is on file in the Office of the City Clerk, for the nominal consideration of $1.00, all after the form of such easement shall have been approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1981. No. 25732. AN ORDINANCE providing for the conveyance of an easement over City property located in the South Clear Zone of Roanoke Municipal Airport, Woodrum Field, to C & P Telephone Company, subject to certain conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor and City Clerk be and are hereby authorized and empowered to execute and attest, respectfully, an instrument, on behalf of the City, in form approved by the City Attorney, granting to C & P Telephone Company and its designated agents, employees, or contractors a right-of- way and easement for the purpose of relocating an existing conduit system. Such right-of-way and easement shall be in the vicinity of the northwest boundary of a 52.63 acre tract commonly referred to as the South Clear Zone of Roanoke Municipal Airport, Woodrum Field, located on the south side of Hershberger Road, N. W., identified as Official Tax No. 2380101. The location of such right-of- way and easement is more particularly shown on a plat attached to the report of the City Manager dated August 24, 1981 on file in the Office of the City Clerk. 2. Such right-of-way and easement shall be conditioned upon all construction being carried out in full compliance with all Federal Aviation Administration safety regulations for airports, aircraft and aircraft navigation. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VTRGINIA, The 8th day of September, 1981. No. 25733. ANORDINANCE amending Article V, City Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new section, Section 2-125, to be entitled Authority to obtain criminal history record information, permitting the City Manager to obtain certain criminal history record information. BE IT ORDAINED by the Council of the City of Roanoke that A~ti¢le ¥, City Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, be amended by the addition of a new section, Section 2-125, to read and provide as follows: Section 2-125. Authority to obtain criminal history record information. In the conduct of investigations of applicants for public employment, permits or licenses or whenever, in the interests of public welfare or safety, it is necessary to determine if the past criminal conduct of a person would be compatible with the nature of the employment, permit or license under consideration, the City Manager shall be authorized to request the Chief of Police to obtain the criminal history record of such applicant from the Virginia Criminal Records Exchange or other appropriate sources, and the Chief of Police shall be authorized to obtain and dissemi- nate such criminal history record to the City Manager. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1981. No. 25734. AN ORDINANCE authorizing the City Manager to enter into a contract with Wiley and Wilson to provide an Energy Conservation Study regarding ten City buildings; 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 shall be authorized to execute and to attest, respectively, an agreement with Wiley and Wilson of Lynchburg, Virginia for the provision by such firm of an Energy Conservation Study of ten buildings owned by the City in accordance with the proposal of said firm submitted to the City. 2. The amount of the contract authorized by this ordinance shall be $15,731. 3. The form of such contract 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 8th day of September, 1981. No. 25735. AN ORDINANCE authorizing an agreement to be entered into with the Roanoke City Health Department to provide for out-patient care and treatment at the Department's clinic; authorizing a rate to be charged for such care and treatment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized and designated, for and on behalf of the City, to enter into an agreement, on form approved by the City Attorney, with the Roanoke City Health Department to provide for out-patient care and treatment for authorized residents of the City and to provide for a $15.00 charge to be imposed for such care and treatment per visit, said agreement to include such other terms deemed appropriate by the City Manager. 2. The terms of such agreement shall commence retroactively as of July 1, 1981, and expire June 30, 1982; and 3. That, in order to provide for the usual daily operation of the municipal government and the health and safety of the public, an emergency is deemed to exist, and this ordinance shall be effective upon its passage and shall be retroactive in its effect to July 1, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1981. No. 25737. AM OPDII!ANCE amending Divisions 1 and 3 of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, by changing the designation of a new section entitled Removal of disabled vehicles from paved surface of highway; time limit for disabled, abandoned or unlicensed vehicles standin~ on highway added by Ordinance No. 25702, adopted on August 10, 1981, from Section 20-74 to Section 20-75, by amending Section 20-89(b)(3), the penalty section for this offense, to reflect this change; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Division 1 of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, be and said Division of Chapter 20 is amended to read and provide as follows: Section 20-75. Removal of disabled vehicles from paved surface of highway; time limit for dis- abled, abandoned or unlicensed vehicles standing on highway. The driver of any vehicle which is temporarily disabled while on the paved surface of the highway shall remove the same as soon as possible and, in no event shall a disabled, abandoned or unlicensed vehicle be left standing on any part of a highway for a period longer than twenty-four (24) hours. This provision shall not be construed in any case to authorize a disabled, abandoned or unlicensed vehicle to remain upon any highway for a per- iod less than twenty-four (24) hours when it is practicable to leave such vehicle standing off the highway or when such vehicle, in fact, obstructs traffic or creates a traffic hazard on such highway. 2. Section 20-89(b)(3) of Division 3 of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, be and said section is amended to read and provide as follows: (3) A penalty of five ($5.00) may be paid for a violation of sections 20-65, 20-66, 20-67, 20-70, 20-71, 20-72, 20-73, 20-75, 20-80 or 20-81, if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof, or prior to the receipt of a notice from the City pursuant to Section 46.1-179.01, Code of Virginia (1950), as amended, whichever is later. If not paid within ten (10) days, a notice pursuant to section 46.1-179.01 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 a penalty of ten dollars ($10.00) within five (5) days of receipt of such notice. I! 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 8th day of September, 1981. No. 25738. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Non-Departmental $14,649,582.00 Miscellaneous (1) .......................................... 107,840.00 Contingency Reserve (2) .................................... 544,160.00 (1) David Griffith & Assoc. (A01914099919) (2) Contingency Reserve (A01941032006) $ 12,840.00 (12,840.00) 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 8th day of September, 1981. No. 25739. A RESOLUTION urging the expeditious completion of the Roanoke River Upper Basin Study by the United States Army Corps of Engineers. WHEREAS, a study of the Upper Roanoke Basin for flood control and other water resource considerations was authorized by Congress in 1970, with a projected completion date of 1980; WHEREAS, the aforesaid study is now not scheduled for completion until November of 1983; WHEREAS, the projected costs of implementing the proposed recommendations of the study have been increasing dramatically, partly because of the effect of the length of time of the study; WHEREAS, the City's Flood Plain Committee has by resolution requested that Council renew its efforts to seek adequate flood controls for the City; and WHEREAS, this Council is desirous of obtaining the results of the Roanoke River Upper Basin Study as soon as possible so that it may consider the proposals therein, and is concerned about the seemingly slow place at which the study is being conducted; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council expresses its continued interest in ensuring that adequate measures are taken to control floods in the City, and consequently, urges that the Roanoke River Upper Basin Study be completed by the United States Army Corps of Engineers as expeditiously as possible. 2. The City Manager, or his designee, is directed to send an attested copy of this resolution to the appropriate officers of the United States Army Corps of Engineers, to Representative M. Caldwell Butler, and to Senators Harry F. Byrd and John W. Warner, expressing Council's concern about the seemingly slow pace of the Roanoke River Upper Basin Study, and requesting that the study be completed as soon as possible. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1981. No. 25740. AN ORDINANCE to amend and reordain certain sections of the 1980-81 General Fund and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1980-81 General Fund and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS GENERAL FUND Public Works ............................................. $11,870,402.00 Street Paving (1).., ................................... 525,000.00 Transfers to Other Funds ................................. 7,546,085.00 Capital Projects Fund (2) .............................. (540,000.00) CAPITAL PROJECTS FUND Streets and Bridges ...................................... 3,912,937.37 Street Paving (3) ...................................... (525,000.00) (1) Annual Paving Contract (A01412020081) ...... $ 525,000.00 (2) Capital Projects Fund (A01931037008) (525,000.00) (3) Appropriated from General Revenue (A08210192603) (525,000.00) 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 8th day of September, 1981. No. 25741. AN ORDINANCE accepting the joint proposal of Adams Construction Company and Virginia Asphalt Paving Company, Incorporated, for the paving of streets at various locations in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting other bids received for said work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The joint proposal made by Adams Construction Company and Virginia Asphalt Paving Company, Incorporated for the paving of streets at various locations throughout the City, in accord- ance with the City's plans and specifications, be ACCEPTED at the unit prices contained in the bid committee's report dated September 8, 1981. The contract authorized by this ordinance shall be in the amount of $525,000. 2. The City Manager and the City Clerk, be and are hereby authorized and directed, for and on behalf of the City to execute and to seal and attest, respectively, the requisite contract with Adams Construction Company and Virginia Asphalt Paving Company, Incorporated, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon form approved by the City Attorney, and the cost of the work, when completed, to be paid out of funds appropriated by the Council for the purpose. 3. All other bids made to the City for the paving of various streets in the City are hereby REJECTED; the City Clerk to so notify all said other bidders and to express to each the City's appreciation of 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1981. No. 25743. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Business Session of the 1981 Annual Meeting of the Virginia MunicipalLeague and a Voting Delegate, Alternate Voting Delegate and Staff Assistant for meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Business Session of the Virginia Municipal League (VML) Annual Conference to be held on Tuesday, September 22, 1981, Mayor Noel C. Taylor and Council Member Elizabeth T. Bowles are hereby designated Voting Delegate and Alternate Voting Delegate, respectively. 2. For any meetings of the Urban Section of VML to be held in conjunction with the Annual Meeting of the League, September 19 through 23, 1981, Mayor Noel C. Taylor and Council Member Elizabeth T. Bowles are hereby designated Voting Delegate and Alternate Voting Delegate, respectively, and H. B. Ewert, City Manager, or his designee, is hereby designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to forward an attested copy of this resolution to VML and to complete and mail to VML any forms required to be used by VML to set forth the designa- tions included in this resolution, all of which actions shall be completed by September 11, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1981. No. 25744. A RESOLUTION expressing the desire of this Council that the City of Roanoke be the site for the 1985 Annual Meeting of the Virginia Municipal League. WHEREAS, the City of Roanoke offers a unique blend of shopping, entertainment, cultural attractions and a sense of place born of authentic history; WHEREAS, by 1985, Downtown Revitalization, including, among other things, a cultural center for all of western Virginia known as Center in the Square, a renovated Market area, an Intermodal Transportation Center, new shops and restaurants and parking facilities, will be completed WHEREAS, the Roanoke Neighborhood Partnership is a model for promoting citizen involvement to implement neighborhood improvement projects and revitalization; WHEREAS, this Council is desirous of serving as the host for the 1985 Annual Meeting of the Virginia Municipal League (VML); THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby officially expresses its desire to host the 1985 Annual Meeting of VML. 2. The Mayor and the City Manager or their designees are hereby authorized to make an appropriate presentation on behalf of the City to the Time and Place Committee of VML on Sunday, September 20, 1981. 3. The City Manager is authorized to execute any forms required by VML to be completed by a locality desiring to be considered as a conference site. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1981. No. 25745. A RESOLUTION cancelling the Financial and Planning Meeting of Council scheduled for September 21, 1981. BE IT RESOLVED by the Council of the City of Roanoke that the Financial and Planning Meeting of the Council scheduled for September 21, 1981, shall be cancelled. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25736. AN ORDINANCE authorizing the City Manager to execute State-Local Hospitalization Plan Agreements with the State Department of Welfare and certain hospitals to provide for in-patient and out-patient care and treatment for certain indigent citizens at certain rates. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, or his designee, is hereby authorized and designated for and on behalf of the City to enter State-Local Hospitalization Plan Agreements with the State Department of Welfare and the following hospitals at the following rates to provide for out-patient and in- patient care and treatment of indigent citizens of this City upon certain terms and conditions and up¢ forms approved by the City Attorney: Out-Patient In-Patient Community Gill Memorial Lewis-Gale Medical College of Virginia Roanoke Memorial University of Virginia $ 15.00 $ 164.44 $ 15.00 $ 176.88 - 0 - $ 154.98 $ 15.00 $ 226.52 $ 15.00 $ 185.54 $ 15.00 $ 226.52 2. The terms of such agreements shall commence retroactively as of July 1, 1981, and expire June 30, 1982; and 3. This Ordinance shall be retroactive in its effect to July 1, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25742. AN ORDINANCE providing for the lease by the City to Piedmont Aviation, Inc. of real property at Roanoke Municipal Airport, Woodrum Field, for the construction and operation of a hangar for its fixed-base operation. BE IT ORDAINED by the Council of the City of Roanoke that this Council ACCEPTS the proposal of Piedmont Aviation, Inc. (Piedmont) to lease from the City real estate lying in the City of Roanoke, Virginia at Roanoke Municipal Airport, Woodrum Field, containing 60,000 square feet, adjacent to and north of Runway 27, for Piedmont's construction and operation of a hangar containing 34,560 square feet for the conduct of its fixed-base operation at the Airport. The Mayor and the City Clerk are authorized to execute and attest respectively the requisite deed of lease, on such form as approved by the City Attorney. The term of the lease shall be 25 years from the date of Piedmont's beneficial occupancy of the leased premises, with an option to extend the lease on the same terms an additional term to end on the same date as the termination of the extended term of the "Agreement of Lease - Fixed Base Operations," dated March 1, 1975, as amended, between the City and Piedmont, on file in the Office of the City Clerk, provided Piedmont has exercised its option to extend this latter agreement. The rental to be paid by Piedmont to the City shall be $0.02 per square foot of land area leased, or $1,200.00, per year. The lease shall contain such other terms and conditions as the City Manager may require. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25748. A RESOLUTION expressing the position of this Council that local governments should have the authority to regulate cable television franchises and expressing opposition to S. 898. WHEREAS, the Senate Committee on Commerce, Science and Transportation has, by last minute amendments to S. 898, the Telecommunications Competition and Deregulation Act of 1981, reported legislation which eliminates local government authority to regulate cable television franchises; WHEREAS, no hearings were held in the United States Senate this year with respect to cable television and the role of local governments in cable television regulation; WHEREAS, Section 202(h) of S. 898 prohibits federal, state and local governments from prescribing or in any way restricting rates charged for the use or sale of cable channel capacity or time on such channels, and Section 202(i) of S. 898 requires the Federal Communications Commission to set ceilings on fees cable operators are charged by state or local governments for receiving the franchise for a particular area; WHEREAS, cable television companies make extensive use of the public rights-of-way and rate regulation and franchise fees are the basic tools used by local governments to insure such companies operate in the public interest and according to contract provisions; WHEREAS, cable television systems are monopoly franchises not subject to normal competitive forces; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council calls on the United States Congress to recognize the essential role cities play in protecting the public interest as it relates to cable television and to recognize, that in their regulation of cable systems, local governments are operating in their true, governmental capacities. 2. Local governments should have full freedom of contract in their dealings with cable operators as a condition of the operator's access to and use of essential governmental assets such as public right-of-way. 3. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Harry F. Byrd, Jr., M~mber, United States Senate, the Honorable John W. Warner, Member, United States Senate, the Honorable M. Caldwell Butler, Member, United States House of Representative and to the members of the Telecommunications, Consumer Protection, and Finance Subcommittee of the House Energy and Commerce Committee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25749. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) .......................... $5,846,204.54 ESEA Title I Carryover 81-2 (1-6) ........................... ESEA Title I Winter 1980-81 (7-28) .......................... ESEA Title I Winter 82-1 (29-47) ............................ ESAA Special Arts 1980-81 (48) .............................. CETA Title VI Community Education 1980-81 (49-51) ........... Flow Through 1981-82 (52-59) ................................ 237,268.60 767,558.13 972,320.00 26,000.00 39,436.00 441,140.00 REVENUE Roanoke City School Grants .................................... $5,843,504.74 64 ESEA Title I Carryover 81-2 (60) ......................... $ .237,268.60 ESEA Title I Winter 1980-81 (61) ......................... 767,558.13 ESEA Title I Winter 82-1 (62) ............................ 972,320.00 ESAA Special Arts 80-81 (63) ............................. 26,000.00 CETA Title VI Community Education 1980-81 (64) ........... 39,436.00 Flow-Through 1981-82 (65-66) ............................. 441,140.00 (1) Administrative Salaries (A35410310030) (2) Instructional Salaries (A35410310031) (3) Aide Salaries (A35410310032) (4) Clerical Aide Salaries (A35410310033) (5) Nurses' Salaries (A35410310034) (6) Indirect Costs (A35410335040) (7) Director (A35410210030) (8) Secretary/Bookkeeper (A35410210031) (9) Instructional Supervisors (A35410210032) (10) Teachers (A35410210033) (11) Teacher Aides (A35410210034) (12) Clerical Aides (A35410210035) (13) Nurses (A35410210036) (14) In-Service Training (A35410210040) (15) In-Service Training - Nurses (A35410210041)--- (16) Fixed Charges (A35410211070) (17) Testing (A35410220041) (18) Evaluation & Dissemination (A35410220042) ..... (19) Field Studies (A35410220043) (20) Parent Involvement (A35410220044) (21) Office Supplies (A35410230005) (22) Instructional Supplies (A35410230070) (23) Medical Supplies & Services (A35410230071) ..... (24) Clothing (A35410230072) (25) Administrative Travel (A35410233005) (26) Instructional Travel (A35410233030) (27) Travel-Nurses (A35410233031) (28) Indirect Costs (A35410235040) (29) Administrative Salaries (A35410410030) (30) Instructional Salaries (A35410410031) (31) AideSalaries (A35410410032) (32) Clerical Aide Salaries (A35410410033) (33) Nurse Salaries (A35410410034) (34) Instructional In-Service (A35410410040) (35) Medical In-Service (A35410410041) (36) Fringe Benefits (A35410410070) (37) Testing (A35410420040) (38) Evaluation & Dissemination (A35410420041) ..... (39) Administrative Supplies (A35410430005) (40) Instructional Supplies (A35410430070) (41) Medical Supplies (A35410430071) (42) Parent Involvement (A35410430072) (43) Clothing (A35410430073) (44) Administrative Travel (A35410433005) (45) Instructional Travel (A35410433030) (46) Nurses' Travel (A35410433031) (47) Indirect Costs (A35410435040) (48) Special Events (A35430320012) (49) Salaries (A35440310002) (50) Participant Wages (A35440310030) (51) Participant Health Insurance (A35440311015)--- (52) Professional Salaries (A35450810030) (53) Aide Salaries (A35450810031) (54) Fringe Benefits (A35450811070) (55) Contracted Medical Services (A35450820010) .... (56) Supplies (A35450830005) (57) Duplication Supplies (A35450883015) (58) Travel (A35450833015) (59) Equipment (A35450890005) (60) Federal Grant Receipts (R35410321) (61) Federal Grant Receipts (R35410221) (62) Federal Grant Receipts (R35410421) (63) Federal Grant Receipts (R35430321) (64) Federal Grant Receipts (R35440321) (65) Federal Grant Receipts (R35450821) (66) State Grant Receipts (R35450825) $ 9,589.00 111,411.75 96,761.57 3,399.51 10,387.50 5,719.27 (7,527.36 (6,188.25) (8,854.00) (113,076.07) (59,818.38) (3,510.00) (6,441.44) (1,438.69) (3oo.oo) (4,881.82) (514.41) (1,341.70) (669.68) (993.88) (129.99) (1,616.20) (1,105.65) (628.87) (771.93) (1,274.00) (190.00) (6,176.19) 57,534.00 376,037.00 258,296.00 13,598.00 34,625.00 2,500.00 100.00 179,094.00 5,000.00 2,500.00 200.00 9,395.00 3,500.00 600.00 800.00 1,800.00 2,000.00 1,300.00 23,441.00 1,000.00 1,090.47 2,403.00 852.53 191,361.00 56,264.10 26,651.00 7,950.00 11,836.00 208.00 23.00 350.00 237,268.60 (217,684.87) 972,320.00 1,000.00 4,346.00 307,192.00 (12,548.00) 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, VZRGINIA, The 14th day of September, 1981. No. 25750. AN ORDINANCE authorizing an amendment to a certain Access Road Agreement, dated May 17, 1978, entered into between the City and the Barrens Farm landowners; 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 a letter agreement, dated September 4, 1981, amending an Access Road Agreement, dated May 17, 1978, by and between the City of Roanoke and Katherine Huff Tucker and James T. Tucker, her husband, Frances Huff Carr, widow, The First National Exchange Bank of Virginia, surviving Trustee under the will of P. C. Huff, The First National Exchange Bank of Virginia, surviving Trustee under the will of Nora V. Huff, and Peter Huff Ring and Elfleda A. Ring, his wife (landowners) by the deletion of the last sentence of Section 4 of such Agreement and the substitution therefor of the following language: "In all events, such dedication shall be made by the City within 60 days of notification to the City by Landowners or their assigns of the desired location for such right-of-way which notification, if not given within 2 years after date of conveyance by Landowners of a portion of The Barrens Farm, to any third party, including the Option Holder, must be given within 30 days after notice to Landowners or their assigns that said 2 year period has run. Nothing contained in this paragraph shall modify those deadlines contained in paragraph 2(a) of this Agreement." 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25751. AN ORDINANCE amending and reordaining subsection (b)(6) of Section 2-64, General powers and duties of manager of personnel management, Section 2-66, Unclassified and classified services generally, Section 2-67, PromOtions'in'classifiedservice, and Section 2-110, Panel decisions; dissenting opinions, of the Code of the City of Roanoke (1979), as amended, the amended and reordained sections relating to temporary appointments, probationary period, definition of classified and un- classified service, internal promotion and decisions of panels of the Personnel and Employment Practices Con~nission; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b)(6) of Section 2-64, General powers and duties of manager of personnel management, Section 2-66, Unclassified and classified service generally, Section 2-67, Promotions in classified service, Section 2-110, Panel decisions;'dissenting opinions, of the Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: Section 2-64. General powers and duties of manager of personnel management. (b) The manager of personnel management shall have the following responsibilities and duties: (6) To authorize, in writing, at the request of and subject to the approval of the appropriate council-appointed officer, temporary appoint- ments to vacancies in positions for which there is no eligibility list, provided that no such temporary appointment shall be for a period longer than ten (10) months and that no such temporary appointment shall be renewed; provided, however, at the level of department manager or above, an "acting" designation may be made for such period of time as may be necessary. Section 2-66. Unclassified and classified services generally; original appointments;pr0bati0n~ (a) The service of the city shall be divided into the unclassified and the classified services. The unclassified service shall consist of: (1) Officials elected by the people and persons appointed to fill vacancies in elective offices. (2) The members of boards and commissions, including school board members and persons appointed by the judges of the courts of record. (3) Licensed physicians and dentists employed by the city in their professional capacities. (4) Persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination, or installa- tion. (5) Seasonal and temporary employees. (b) The classified service shall comprise all employees and positions, excluding school board employees and positions, not specifically included by subsection (a) above in the unclassified service. (c) All original appointments and promotions in the classified service, except officers elected or appointed by the city council, shall be made from an eligible list certified by the manager of personnel management, as provided in subsection (b)(5) of Section 2-64. (d) Every new city employee shall serve for a period of six (6) months as a probationary employee, and every city employee promoted to a position for which a greater salary range is provided shall, for a period of six (6) months, serve as a probationary employee; provided, however, upon appoint- ment or promotion, the appropriate council-appointed officer may extend such probationary period for an additional like period of time or less, or prior to any such appointment or promotion, a different probationary period, not to exceed twelve (12) months, may be established in writing and filed with the personnel management department for any specific position in the classifiedservice. Prior to the conclusion of any probationary period established for a member of the classified service, as hereinabove provided, an employee may be terminated by the appropriate council-appointed officer, and such termination shall not be subject to a hearing before the commission. After the conclusion of the probationary period, a member of the classified service may be suspended, reduced in rank or pay or removed; provided, however, such disciplinary action may be subject to review and hearing through the grievance procedure of the city established by the council. Section 2-67. Promotions in classified service. Vacancies in higher positions in the classified service shall be filled on the basis required to be established pursuant to subsection (b)(10) of Section 2-64 and shall be open to both members of the classified service and applicants from the general labor market from which the city draws its work force; provided, however, with the written approval of the City Manager a position in the classified service may be restricted to applicants already in the classified service of the City. Ail standards applicable to promotion shall be applied by the manager of personnel management in accordance with the rules promulgated by the city manager, and at least the six (6) best qualified candidates, if there be that many, shall be certified to the appoint- ing authority and all promotional appointments shall be made from among the persons so certified. A change from a position in any class to a position in another class for which a higher maximum rate of pay is prescribed shall be considered a promotion. Section 2-110. Panel decisions; dissenting opinions. Following the hearing conducted pursuant to this division, the decision of the panel shall be arrived at by a majority vote in open session. The panel shall file, in writing, a statement setting forth findings of fact and its decision based thereon, signed by a panel member concurring in the same, with a signed copy forwarded to each party in interest and to the members of the commission not more than five (5) working days following adjournment of the hearing. A panel member who dissents from the majority decision may file a written dissenting opinion. Ail decisions of any panel and the full commission shall be consistent with provisions of law and written policies. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25752. AN ORDINANCE authorizing the hiring of David M. Griffith and Associates, Ltd., to develop for the City a cost allocation plan for determining the administrative costs to the City of operating various federal programs, for the fiscal year ending June 30, 1981, 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 appropriate City officials are hereby authorized to hire David M. Griffith and Associates, Ltd., of Glen View, %llinois, to perform certain professional consulting services for the City, including the development of a central services cost allocation plan for the fiscal year ending June 30, 1981, identifying the various costs incurred by the City in administering various federal programs, the negotiation of such plan with the Commonwealth of Virginia and United States government, as appropriate, and assistance in preparing the initial claims for recovery of any such funds due the City, for a consideration in the amount of one-half of any funds thereby recovered, up to a maximum of $12,840. 2. The City Manager and City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, the requisite contract with David M. Griffith and Associates, Ltd., the same to incorporate the terms and conditions of this Ordinance and such other reasonable terms and provisions as may be required by the City Manager and to be, otherwise, upon such form as 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25753. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriatic Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Government $ 3,493,704.03 Municipal Auditing (1) .................................... 174,120.00 Non-Departmental 14,639,632.00 General Fund Contingency Reserve (2) ...................... 542,050.00 (1) Fees for Professional Services (A01124020010) .... $ 9,950.00 (2) Contingency Reserve (A01941032006) (9,950.00) 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 C%TY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25754. AN ORDINANCE authorizing an amendment to the City's contract with Peat, Marwick, Mitchell & Company to provide for such firm's performing audits of federal grants-in-aid, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized and directed, for and on behalf of the City, to enter into a written amendment, upon form approved by the City Attorney, of the City's contract with Peat, Marwick, Mitchell & Company, Certified Public Accountants, dated April 30, 1980, to provide for such firm's performing an annual audit of the financial records and accounts of the City's federal grants-in-aid for each of the fiscal years ending June 30, 1981, 1982, 1983 and 1984. 2. The scope of said firm's examinations and of its reports and the consideration to be paid therefor shall be as set out in its proposal made to the City's Audit Committee, dated September 2, 1981. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25755. A RESOLUTION expressing the concurrence of the Council in an inducement resolution adopted by the Industrial Development Authority of the City of Salem, Virginia. WHEREAS, the Industrial Development Authority of the City of Salem, Virginia (Salem IDA) adopted, on July 23, 1981 an inducement resolution at the request of Carroll E. Russell and Fred E. Russell (the Russells) by which the Salem IDA agrees to assist the Russells to finance the acquisition and equipping of two McDonald's Restaurants, one being in the City of Roanoke and the other being in the City of Salem, by the issuance of industrial development revenue bonds in an amount not to exceed $600,000; WHEREAS, pursuant to Section 15.1-1378, Code of Virginia (1950), as amended, an industrial development authority from another locality cannot finance any facility in the City of Roanoke with- out the concurrence of this Council which shall be reflected by a duly adopted resolution; WHEREAS, this Council has referred this matter to the Industrial Development Authority of the City of Roanoke, Virginia (Roanoke IDA) for review and comment, and the Roanoke IDA has met and unanimously recommended to this Council that it approve the request of the Salem IDA; WHEREAS, this Council is desirous of granting its approval to the financing of such facilities; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council concurs with the inducement resolution adopted by the Salem IDA on July 23, 1981 by which the Salem IDA agrees to assist the Russells to finance the acquisition and equipping of two McDonald's Restaurants, one being in the City of Roanoke and the other being in the City of Salem. 2. The City Clerk is directed to forward an attested copy of this resolution to Jack C. Smith, Chairman of the Roanoke IDA and to the Salem IDA, c/o Stephen M. Yost, Esquire, counsel for the Salem IDA. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of September, 1981. No. 25758. 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 Detroit, Michigan, on December 2, 1981, Mayor Noel C. Taylor and Vice-Mayor Wendell H. Butler 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 on or before October 9, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25746. AN ORDINANCE amending and reordaining Division 4,:Floodplain'ZonelRe~Ulations, of Article IV, Supplementary District Regulations, and subsection (a) of Section 36'520, Application'for zoning permit, of Chapter 36, Zoning, of the Code of the City of Roanoke (1979), as amended, establishing new floodplain districts, providing for certain minimum regulations for development in the floodplain districts, providing for the application and administration of the floodplain regulations, and providing for variances from such regulations. BE IT ORDAINED by the Council of the City of Roanoke that Division 4, Floodplain Zone Regulations, of Article IV, Supplemen. tary District Regulations, and subsection (a) of Section 36-520, Application for zoning permit, of Chapter 36, Zoning, of the Code of the City of Roanoke (1979), as amended, be and said Division and subsection (a) of Section 36-520 are hereby amended and reordained to read and provide as follows: Section 36-362. Intent. The intent of the regulations in this division is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expen- diture of public funds for flood protection and relief, and the impairment of the tax base by: (1) Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, if unregulated, will cause unacceptable increases in flood heights, velocities and frequencies. (2) Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding. (3) Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage. (4) Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. Section 36-363. Definitions. (a) For the purpose of the regulations prescribed in this division, there are hereby created various floodplain districts, which shall consist of those areas in the City subject to inundation by waters of the one hundred (100) year flood as indicated and designated in the Flood Insurance Study for the City prepared as a part of the National Flood Insurance Program by the Federal Emergency Management Agency, Federal Insurance Administration, dated May 4, 1981, and the accompanying Flood Boundary and Floodway Map and Flood Insurance Rate Map, as such may be amended. A copy of the Flood Insurance Study and accompanying maps, as amended, shall be filed in the Offices of the City Clerk and the Building Commissioner. The floodplain districts shall consist of the following: (1) Floodway District. The Floodway District, as shown on the Flood Boundary and Floodway Map and as specifically defined in Table 2 of the Flood Insurance Study, includes that area within the floodplain including the channel of a river or other watercourse and adjacent land areas that must be kept free of encroachment in order to be capable of carrying the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point. (2) Flood-Fringe District. The Flood-Fringe District shall be that area of the one hundred (100) year floodplain not included in the Floodway District. The outermost boundaries of this District shall be the one hundred (100) year flood elevations contained in the flood profiles of the Flood Insurance Study and as shown on the Flood Boundary and Floodway Map. (3) Approximated Floodplain District. The Approximated Floodplain District shall be that flood-plain area for which no detailed flood profiles or elevations are provided, but where a one hundred (100) year floodplain boundary has been approximated on the Flood Boundary and Floodway Map. Where the specific one hundred (100) year flood elevation cannot be determined for this area using other sources of data, such as the Flood Plain Information Reports of the U. S. Army Corps of Engineers, or U. S. Geological Survey Flood Prone Quadrangles, then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the methods used correctly reflect currently accepted technical concepts. Studies, analyses, compu- tations, etc., shall be submitted in sufficient detail to allow a thorough review by the Zoning Administrator. (4) Shallow Flooding District. The Shallow Flooding District shall be that area of the one hundred (100) year floodplain designated as an AO zone on the City's Flood Insurance Rate Map (FIRM), where base flood depths are from one to three feet, and where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. (b) For the purposes of this division, the following terms are defined: (1) Base flood. Means the flood having a one percent chance of being equalled or exceeded in any given year. (2) Channel. A perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks. (3) Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations. (4) Flood or flooding. (a) A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland waters. (2) The unusual and rapid accumulation of runoff or surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (a)(1) above. (5) Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source (see definition of "flooding"). (6) One hundred (100) year flood. See definition of "base flood". (7) Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this defi- nition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing State or City health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or the Virginia Inventory of Historic Places. (8) Watercourse. A natural or artificial channel for passage of running water fed from natural sources in a definite channel and discharging into some stream or body of water. Section 36-364. Overlay concept; compliance; more restrictive regulations to apply; interpretations of boundaries; amendments. (a) The floodplain districts described above shall be overlays to the existing underlying zoning districts as shown on the Official 1976 Zoning Map, City of Roanoke, as amended, and as such, the regulations for the floodplain districts shall serve as a supplement to the underlying zoning district regulations. (b) No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered within any floodplain district except in full compliance with the terms and provisions of this division. (c) Where there happens to be any conflict between the regulations of any of the floodplain districts and those of any underlying zoning district, the more restrictive regulations shall apply. (d) Interpretations of the boundaries of the floodplain districts shall be made by the Zoning Administrator acting with the assistance of the City Engineer, using the best information available. Interpretations made by the Zoning Administrator may be appealed to the Board of Zoning Appeals in the manner provided for in Section 36-33. The person questioning or contesting the location of a district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires. (e) Where natural or manmade changes have occurred within the floodplain district and/or more detailed studies conducted or undertaken by the U. S. Army Corps of Engineers or other qualified person document a change, the delineation of any of the floodplain districts as shown in the Flood Boundary and Floodway Map and as described in the Flood Insurance Study, may be amended in the manner set out in Article VII of this Chapter for amending zoning regulations, after approval for such amendment has been obtained from the Federal Insurance Administration. Section 36-365. Floodway District resulations. (a) In the Floodway District no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless the effect of such in increasing flood levels during the occurrence of the base flood discharge is fully offset by accompanying stream or channel improvements which have been approved by all appropriate City, State and Federal authorities. (b) The following uses, buildings and structures are permitted in the Floodway District, if not prohibited in the zoning district upon which the floodplain district is superimposed: (1) Park and recreational uses, such as playgrounds, playfields, athletic fields, golf courses, bridle trails and nature paths. (2) Agricultural uses, including gardening, horticulture, pasture and cultivation and harvesting of crops. (3) When a means of expeditious removal thereof is afforded, parking and open storage of vehicles, equipment and other materials, except those materials which in time of flooding, are buoyant, flammable, explosive, toxic or could be injurious to human, animal or plant life. (4) Essential public facilities, which by their nature, must be located in the floodway, including bridges, sewerage and water facilities, navigational structures and public water measuring and control facilities. (5) Natural areas, such as forest and wildlife sanctuaries. (6) Ail other principal uses and structures allowed either as permitted principal uses or special exceptions in the zoning districts upon which the floodplain zone provisions are superimposed are permitted provided that: (i) Structures shall meet the floodproofing requirements of the Uniform Statewide Building Code. (ii) In cases where fill is utilized: 1. Such fill, in no case, shall encroach upon the channel of the watercourse; 2. Such fill shall be protected against erosion by bulkheading, riprap or suitable vegetative cover which does not encroach upon the channel of the watercourse; 3. Such fill shall be of such material and be constructed in such a manner as not to pollute surface or ground water; and 4. Provision shall be made for flood water passage through or around the filled area, either in the form of culverts or some other openings, sufficient to prevent a material raising of flood water levels. (iii) In cases where piers are utilized, water and debris passage is not restricted. (c) The following uses and structures are prohibited in the Floodway District: (1) Dumping of any organic or inorganic material or substance for the purpose of disposal or of filling, except such as is permitted under Section 36-365. (2) Public assembly buildings. (3) Buoyant, flammable, explosive or toxic materials which could be injurious to human, animal or plant life, either in open or enclosed storage, without proper protective measures. (4) Mobile homes, except in an existing mobile home park. Section 36-366. Flood-Fringe District and Approximated FloodplainDistrictre~ulations. In the Flood-Fringe District and the Approximated Floodplain District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all such development and/or uses shall be undertaken in strict compliance with the floodproofing and related provisions of the Virginia Uniform Statewide Building Code. Section 36-367. Shallow Flooding District regulations, In the Shallow Flooding District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district, provided that: (a) Ail new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the crown of the nearest street to or above the depth number specified on the City's Flood Insurance Rate Map. (b) Ail new construction and substantial improvements of non-residential structures: (1) have the lowest floor (including basement) elevated above the crown of the nearest street to or above the depth number specified on the City's Flood Insurance Rate Map, or (2) together with attendant utility and sanitary facilities be completely floodproofed to or above the level referenced in Paragraph (b)(1) above so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of bouy- ancy. Section 36-368. Zoning permit; limitation on use, activity, and development. (a) Ail uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit pursuant to article VI of this chapter. Such develop- ment shall be undertaken only in strict compliance with the provisions of this chapter, chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, and the Virginia Uniform Statewide Building Code. Prior to the issuance of any such permit, the Zoning Administrator shall review all applications to insure compliance with all applicable State and Federal laws, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. Section 1334. (b) Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any water- course, drainage ditch, or any other drainage facility or system. (c) Prior to any alteration or relocation of a watercourse in any floodplain district, notice shall be given to any affected adjacent local government, the State Water Control Board and the Administrator of the Federal Insurance Administration. Section 36-369. Existing structures in floodplain districts. A structure or use of a structure or premises which lawfully existed before the enactment of these regulations, but which is not in conformity with these regulations, may be continued subject to the following conditions: (a) Existing structures and/or uses located in the Floodway District shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream or channel improvements. (b) Any modification, alteration, repair, reconstruction or improve- ment of any kind to a structure and/or use located in any floodplain district to an extent or amount of less than fifty percent (50%) of its market value, shall be elevated and/or floodproofed to the greatest extent feasible. (c) The modification, alteration, repair, reconstruction or improve- ment of any kind of structure'and/or use regardless of its location in a floodplain district to an extent or amount of fifty percent (50%) or more of its market value shall be undertaken only in full compliance with the provisions of the Virginia Uniform Statewide Building Code. Section 36-370. Variances for property within floodplain districts. (a) The Board of Zoning Appeals shall not grant any variance for any proposed use, development, or activity within the Floodway District which would result in any increase in flood levels during the base flood discharge. (b) The Board of Zoning Appeals shall not grant any variance of the terms of this article for property within a floodplain district except in conformance with the following procedures and requirements: (1) Variances may only be granted upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and; (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with any pro- visio~ of this Code. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief. (3) The Zoning Administrator shall notify the applicant for such a variance that: (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (ii) such construction below the base flood level increases risks to life and property. A copy of such notification shall be maintained in the Zoning Administrator's Office. (4) The Zoning Administrator shall (i) maintain a record of all such variance actions, including justification for their issuance, and (ii) report such variances in the annual report of the City to the Federal Insurance Administrator. Section 36-520. Application for zoning permit. (a) An application for a zoning permit shall be submitted to the office of the Zoning Administrator prior to the issuance or consideration of issuance of any permit. The application shall be in triplicate and accompanied by plans in triplicate, drawn to scale, and showing, as appropriate to the case: (1) The actual dimensions and shape of the lot; (2) The exact sizes and location on the lot of all existing buildings, if any; (3) The location and dimensions of proposed buildings or structures, additions to buildings or structures, or alterations in buildings or structures; (4) Buildings or structures to be moved or removed; (5) Existing and proposed uses, by location, of land, buildings, structures and premises; and (6) The elevation (in relation to mean sea level) (i) of the lowest floor (including basement) of all new or substan- tially improved structures, and whether or not such structures contain a basement; (ii) if the structure has been floodproofed, the elevation to which the structure was floodproofed, and (iii) the elevation of the one hundred (100) year flood. (7) Such other information as may lawfully be required by the Zoning Administrator; ATTEST: provided, however, that structures costing less than two hundred dollars ($200.00) may be exempted from the provisions for scale drawings and related accuracy provisions by the Zoning Administrator. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25747. AN ORDINANCE amending and reordaining Section 31-28, Approval or disapproval of prelimi- nary plat, and Section 31-29, Additional material as part of preliminary plan, of Chapter 31, ~ Subdivisions, Code of the City of Roanoke (1979), as amended, by the addition of certain subparagraph pertaining to the review of proposed subdivisions within floodplain districts. BE IT ORDAINED by the Council of the City of Roanoke that Sections 31-28, Approval or disapproval of preliminary plan, and 31-29, Additional material as part of preliminary play, of Chapter 31, Subdivisions, Code of the City of Roanoke (1979), as amended, be amended by the addition of a subparagraph (c)(1), and a subparagraph (i), respectively, to read and provide as follows: Section 31-28. Approval or disapproval of preliminary plat. (c)(1) The Agent and the City Engineer shall de termine whether the proposed subdivision will be reasonably safe from flooding. If the proposed subdivision is in a floodplain district as defined in division 4 of Article IV of Chapter 36 of this Code, the preliminary subdivision plat shall be reviewed to assure that: (i) The proposed subdivision is consistent with the need to minimize flood damage within the floodplain districts, (ii) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage. (iii) Adequate drainage is provided to reduce exposure to flood hazards. (iv) New and replacement water supply systems are designed to minimize or eliminate the infiltration of flood waters into the systems. (v) New and replacement sanitary sewer systems are designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. (vi) On site waste disposal systems are located so as to avoid impairment to them or contamination from them during flooding. Section 31-29. Additional material as part of preliminary plan. (i) Base flood elevation data. ATTEST: Ail plans shall include one hundred (100) year flood elevation data, for all property located in a floodplain district as created by Section 36-363 of this Code, and shall contain such detail as may be required by the agent to determine whether the requirements of Section 31-28(c)(1) and Section 36-362, et seq., of this Code will be complied with. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25756. AN ORDINANCE authorizing the renewal and amendment of the City's lease with Emery Air Freight Corporation for certain space in the Air Cargo Building at Roanoke Municipal Airport, Woodrum Field. 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 attest respectively a deed amending the City's lease dated September 1, 1976, as amended, with Emery Air Freight Corporation. The amendatory lease shall contain the following provisions: (a) In numbered paragraph 1, the fifth line and the first half of the sixth line shall read: "years commencing September 1, 1981 and terminating August 31, 1986."; (b) In numbered paragraph 2, the figures "$0.30" and "$542.74" are changed to "$0.375" and "$678.42", respectively. 2. The rental rate set forth above constitutes an exception to the established rate for such space, set forth in Ordinance No. 25620, adopted June 22, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25757. AN ORDINANCE authorizing and directing the proper City officials to enter into two leases with the United States of America for the latter's lease of space in Building No. 1 and in the Terminal Building at Roanoke Municipal Airport, Woodrum Field. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized and directed, respectively, to execute and attest, for and on behalf of the City, two leases, identified as FAA lease Nos. DTFA05-81-L-60258 and DTFA05-81-L-60260, in such form as is approved by the City Attorney, with the United States of America for the latter's lease from the City of 3,198 square feet in Building No. 1 and 3,777 square feet in the Terminal Building at Roanoke Municipal Airport, Woodrum Field, at a rental of $2.40 per square foot per year, excluding utilities and custodial services. The term of these leases shall be from June 21, 1981 through September 30, 1981, with the lessee enjoying the right to renew the leases for successive one year terms through September 30, 1984. These leases may contain any other terms which the City Manager may require. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25759. A RESOLUTION recognizing the meritorious service rendered to the City by Sam H. McGhee, III, Assistant City Manager. WHEREAS, Sam H. McGhee, III, has served the City in exemplary fashion in various important capacities for more than twelve years, including service as City Engineer, Acting City Manager and as Assistant City Manager from March, 1973, to December, 1977, and from January, 1978, to September 27, 1981; WHEREAS, Mr. McGhee, has given unselfishly of his time and ability and served the City with the utmost loyalty and devotion, displaying the highest professionalism and competence, and, in particular, attributes of honesty, integrity, friendliness, thoroughness, precision and attention to detail; WHEREAS, during his long tenure with the City of Roanoke, Mr. McGhee gained a singularly broad understanding of the operation of all City departments and offices, and as such will be sorely missed by the City of Roanoke, its officers and employees; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the outstanding professional services rendered to this City by Sam H. McGhee, III, Assistant City Manager. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25762. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund and Airport Fund Appropriation Ordinances, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund and Airport Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL Appropriation: Transfers to Other Funds $ 7,792,790.00 Airport Fund (1)? ....................................... 246,705.00 Undesignated Fund Balance 2,095,723.00 AIRPORT Appropriations: Capital Outlay $ 4,944,795.69 Runway Improvements (2) ................................. 3,688,555.19 Revenue: Due from State Government 182,320.00 ADAP Project No. 651004513 (3) .......................... 126,070.00 Due from Federal Government 5,012,635.95 ADAP Project No. 651004513 (4) .......................... 3,354,974.00 Contributed Capital (5) ................................... 12,979,017.68 (1) Transfers to Airport Fund (A01931037004) (2) Runway Improvements (A04511092101) (3) ADAP Project No. 651004513 (X04113110) (4) ADAP Project No. 651004513 (X04113210) (5) Contributed Capital (X04932501) $ 246,705.00 3,404,166.00 126,070.00 3,354,974.00 3,727,749.00 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 28th day of September, 1981. No. 25763. A RESOLUTION accepting a grant from the United States of America for the extension of Runway 23 at Roanoke Municipal Airport, Woodrum Field, and authorizing the execution of the City's acceptance of the aforesaid grant agreement and collateral documents. BE IT RESOLVED by the Council of the City of Roanoke that City Manager, H. B. Ewert, or his designee, is hereby authorized, for and on behalf of the City, to accept, execute and file, and the City Clerk, Mary F. Parker, or the Deputy City Clerk, Judith M. St. Clair, is authorized to attest, a Grant Contract dated September 28, 1981, No. FA-EA-2201, for Project No. 6-51-0045-13, on such form as is approved by the City Attorney, with the United States of America, Federal Aviation Administration (FAA) for the funding of Phase I of the extension of Runway 23 at Roanoke Municipal Airport, Woodrum Field, providing for the FAA's grant to the City of $3,354,974.00 to this end. This grant shall be governed by those "Special Conditions" set forth in a report dated September 28, 1981, from the City Manager to this Council on this subject, on file in the Office of the City Clerk, reference to which is hereby made. The above City officials are further authorized and directed to accept, execute and deliver any and all grants from the Commonwealth of Virginia, made in connection with the runway extension and any and all collateral documents necessary to secure or execute these grant contracts. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25764. AN ORDINANCE providing for the acquisition of real estate needed by the City for the extension of Runway 23 at Roanoke Municipal Airport, Woodrum Field; authorizing the City Manager to negotiate with the landowners for acquisition of this property; providing for the City's acquisi- tion 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 providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the project to extend Runway 23, at Roanoke Municipal Airport, Woodrum Field, the City wants and needs the fee simple title, with appurtenant rights, to the fol- lowing six (6) parcels: Parcel No. Owner Approximate Acres Coulter Estate 6.483 Jessee Jones & wife 11.847 Anne Ingram Lee 1.270 Friendship Manor 10.2 W. F. Kessler 7.88 McDowell & Wood, Inc. 0.7 The proper City officials are authorized to appraise and acquire this land for the City for the amount of the final appraised value, the amount negotiated by the City administration and the landowner or the amount of any condemnation award. 2. The City Manager is directed to offer to said landowners on behalf of the City any amount he deems appropriate, provided the offer meets applicable statutory 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 amount of the final appraised value or the amount negotiated by the City administration, whichever may be applicable, 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 the owner be a person under a disability lacking capacity to convey real estate or should the whereabouts of the owner be unknown to the City Attorney, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquired for the City the appropriate real estate. 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 Section 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 make payment into Court the sums authorized by this ordinance to be offered to the respective owners, and ordered by a court to be paid thereto. 4. The City Clerk is directed to mail a copy of this ordinance to each property owner. 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 pas- sage. ATTEST~_~ ~ ~' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25765. AN ORDINANCE providing for the amendment of the engineering contract with Delta Associates, Inc., in connection with the project to extend Runway 23 at Roanoke Municipal Airport, Woodrum Field; 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 execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with Delta Associates, Inc., amending the contract dated December 2, 1980, providing for engineering work relative to a project to extend Runway 23 at Roanoke Municipal Airport, Woodrum Field. This amendatory contract shall provide for Delta Associates, Inc.'s additional structural, electrical and mechanical work relative to the underpass for Route 118, in consideration of an additional fee not to exceed $48,400 without the approval of the appropriate authorities of this Council. 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 28th day of September, 1981. No. 25766. A RESOLUTION authorizing an agreement to be entered into with Bedford County relating to the use of the City's Outreach Detention Program. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized and directed to extend to the proper authorities of Bedford County the City's offer to enter into written agreement with such jurisdiction, in a form acceptable to the City Attorney, for the City to accept, detain and board at the Roanoke Juvenile Detention Home, provided space therein is available, juveniles brought from Bedford County and the City of Bedford pursuant to arrangements described in a report of the City Manager dated September 28, 1981, on proper and legal detention order. Such agreement shall further provide, inter alia, that Bedford County shall pay to the City for each day each child is detained an amount equal to the local per diem cost of operating the Outreach Detention Program for the prior fiscal year, which amount is currently $3.83 per day per child, but said amount to be adjusted and changed on the first day of January, 1982, and each and every year thereafter during the time such agreement remains in effect to the amount of the local per diem cost of operating the program for the past fiscal year, and such agreement shall be terminable by either party upon ten (10) days written notice to the other. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25767. A RESOLUTION authorizing agreements to be entered into with certain other local jurisdic- tions relating to the use of the City's Crisis Intervention Center. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to extend to the proper authorities of other local jurisdictions the City's offer to enter into written agreement with such jurisdiction, in a form acceptable to the City Attorney, for the City to accept and board at the City's Crisis Intervention Center, provided space therein is available, juveniles from said jurisdictions. Such agreement shall further provide, inter alia, that said jurisdictions shall pay to the City for each day each child from such jurisdiction is kept the sum of $18.27, which sum shall be adjusted by written amendment to the aforesaid agreements at such times as changes in the authorized per diem rate may be approved by the Virginia Department of Corrections. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25768. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Fifth District Consortium Fund 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 1981-82 Fifth District Consortium Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fifth District Consortium, FY 10/1/80 - 9/30/81 $5,235,856.85 Admin. Pool (51-1-204-05) (1) ......................... 1,072,225.33 Title IV SPEDY (51-1-204-32) (2) ...................... 565,994.07 Title VII (51-1-204-27) (3) ........................... 255,222.19 Title IV YETP (51-1-204-48) (4) ....................... 418,358.22 Title IV YCCIP (51-1-204-38) (5) ...................... 78,556.95 REVENUE Fifth District Consortium, FY 10/1/80 - 9/30/81 $5,235,856.85 Admin. Pool (51-1-204-05) (6) ............................... 1,072,225.33 Title IV SPEDY (51-1-204-32) (7) ............................ 565,994.07 Title VII (51-1-204-27) (8) ................................. 255,222.19 Title IV YETP (51-1-204-48) (9) ............................. 418,358.22 Title IV YCCIP (51-1-204-38) (10) ........................... 78,556.95 (1) Unobligated Admin. Pool (A34816099999) (2) Unobligated SPEDY (A34816599999) (3) Unobligated Title VII (A34816799999) (4) Unobligated YETP (A34816399999) (5) Unobligated YCCIP (A34816499999) (6) Admin. Pool (51-1-204-05) (R34810101) (7) Title IV SPEDY (51-1-204-32) (P,34810165) ...... (8) Title VII (51-1-204-27) (R34810167) (9) Title IV YETP (51-1-204-48) (R34810163) (10) Tilte IV YCCIP (51-1-204-38) (R34810164) ...... $141,498.00 24,416.00 3,005.00 (1,950.00) (12,216.00) 141,498.00 24,416.00 3,005.00 (1,950.00) (12,216.00) 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 28th day of September, 1981. No. 25769. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WH~EREAS, for the usual dally operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Operating ........................................ $4,982,487.85 Maintenance (1) ....................................... 479,000.00 REVENUE Retained Earnings ........................................ (1,215,647.09) Appropriated (2) ...................................... 4,448,344.82 (1) Blowers (A03210334020) (2) Appropriated (X03937205) $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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25770. AN ORDINANCE authorizing and providing for the lease by the City of certain office space at 403 Campbell Avenue, S. W., Roanoke, Virginia, from the owner of said property, to be used as office accommodations for the Fuel Assistance Program conducted by the Social Services Department, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to negotiate the terms of and enter into a written lease agreement on behalf of the City with Albert R. Alouf for approximately 3,000 square feet of office space in the building located at 403 Campbell Avenue, S. W., Roanoke, Virginia, for use as office space by the Fuel Assistance Program conducted by the Social Services Department for a term of six (6) months from November 1, 1981, through April 30, 1982, at a monthly rental of $1,250.00; such lease to contain such other reasonable terms and provisions as may be required by the City Manager and to be, otherwise, upon such form as is approved by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25771. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Health and Welfare $9,454,276.92 Fuel Assistance (1) ............................... 1,017,902.00 REVENUE Grants-in-Aid Commonwealth 29,722,070.00 Fuel Assistance (2) ............................... 930,000.00 (1) Fuel Assistance Allotments (A01531551801) .... $930,000.00 (2) Fuel Assistance (R01061525) 930,000.00 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 28th day of September, 1981. No. 25772. AN ORDINANCE accepting a bid and awarding a contract for furnishing preformed plastic pavement marking material; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of 3M Company of St. Paul, Minnesota for furnishing to the City the following preformed plastic pavement marking material: Bid Item 24" Stop Bar 6" Crosswalk "ONLY" Legends Thru Arrows Left Turn Arrows Right Turn Arrows Mechanical Applicators Unit Price $ 3.02 $ 0.75 $ 81.20 $ 34.55 $ 41.48 $ 41.48 $2,900.00; all in accordance with the City's plans and specifications therefor, is hereby ACCEPTED. 2. The City's Manager of General Services be, and he is hereby authorized and directed to issue the requisite purchase orders for the aforementioned preformed plastic pavement marking material in such quantities as are required by the City and at such unit prices set forth in the bid of 3M Company, the total amount of purchase orders authorized by this ordinance to be $209,000.00. 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: ~~, APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25773. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects 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 1981-82 Capital Projects Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Public Buildings $4,723,683.02 Main Library (1) ..................................... 348,276.00 Public Improvement Bond Series 1980A 2,453,790.00 Public Buildings (2) ................................. 547,279.00 (1) Appropriated from Bond Funds (A08180191301) (2) Public Buildings (A08310172602) ...... 250,000.00 (250,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25774. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Frantz and Chappelear, Architects, for architectural and engineering services related to the Central Library Addition; 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 Frantz and Chappelear, Architects, dated February 4, 1981, such contract being authorized by Ordinance No. 25466, adopted January 26, 1981. 2. Change Order No. 1 shall provide for the following changes in the work to be performed: CONTRACT AMOUNT Design of a new heating and cooling system CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 Additional time resulting from Change Order No. 1 $ 89,300.00 + 15,500.00 $ 104,800.00 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25775. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects and Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Projects and Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: CAPITAL PROJECTS FUND Appropriations Other Public Buildings (A081800) ................................ $4,473,683.02 Blue Cross Blue Shield Plaza (A081801907) .................... 300,000.00 GRANT PROGRAMS FUND Appropriations Community Development Block Grant (A356000) (1-8) .............................................. 14,455,607.71 (1) Local Option Contingency (A35667701201) (2) Downtown East VAR-42 Mall (A35667701701) (3) Fire Station #1 (A35667701401) (4) Downtown East VAR-42 Mall (A35667701701) (5) Morningside Park (A35667800401) (6) Downtown East VAR-42 Mall (A35667801101) (7) Southern Hills (A35667800901) (8) Downtown East VAR-42 Mall (A35667801101) $ (576.78) 576.78 (1,758.84) 1,758.84 (2,000.00) 2,000.00 (3,961.00) 3,961.00 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 28th day of September, 1981. No. 25776. AN ORDINANCE approving the City Manager's issuance of Change OrderNo. 3 to the City's contract with McDevitt & Street for construction of a public plaza and pedestrian mall adjacent to the Blue Cross-Blue Shield Building; 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. 3 to the City's contract with McDevitt & Street for construction of a public plaza and pedestrian mall adjacent to the Blue Cross-Blue Shield Building. 2. Change Order No. 3 shall provide for the following changes in the work to be performed: CONTRACT AMOUNT INCLUDING CHANGE ORDER NOS. 1 and 2 $ 491,117.00 Revise grading on east side of site to provide circular amphitheatre near the market area. Revise landscaping on the east side of site to accommodate the construction of amphitheatre C. Revise site light fixture. Add additional ground fault inter- rupter type breaker to serve addi- tional electric circuit. + 13,298.00 Remove nine (9) Bradford pear trees and three (3) oak trees and deliver to City of Roanoke. Delete five (5) oak and six (6) Bradford pear trees and replace with eleven (11) little leaf linden trees. G. Furnish and plant four (4) new little leaf linden trees. Delete granite pavers around eight (8) tree wells along Franklin Road and install certain additional con- crete walk. + 4,850.00 $ 18,148.00 TOTAL AMOUNT OF CHANGE ORDER NO. 3 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 3 $ 509,265.00 ADDITIONAL TIME 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 28th day of September, 1981. No. 25777. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Youth Services Grant #80-I-13 (A355108) (1-11) ................ $25,559.31 REVENUE Youth Services Grant #80-I-13 (R355108) (12) .................. 25,559.31 (1) Salary and Wages (A35510810002) (2) Maintenance Contract (A35510820005) (3) Advertising (A35510820020) (4) Materials & Supplies (A35510830005) (5) Expendable Tools & Equipment (A35510830035)--- (6) Printing Supplies (A35510830084) (7) Telephone (A35510831005) (8) Travel & Education (A35510833015) (9) Other Rental (A35510840010) (10) Appropriation Estimate - Other Rental (A35510840010) (11) Refund Balance (A35510895005) (12) Revenue Estimate - Local Match (R35510831) .... $(1,620.09) (5o.oo) (76.20) (319.27) (20.67) (117.40) (49.48) (315.34) (148.02) (.22) 2,716.47 (.22) 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 28th day of September, 1981. No. 25778. AN ORDINANCE accepting the bid of Boxley Construction Company, Inc. for improvement of five city parks, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; permitting the withdrawal of a bid made to the City 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 Boxley Construction Company, Inc., made to the City in the total amount of $335,500.00, for improvement to five city parks, such bid being in full compliance with the City's plans and specifications made therefor, and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Boxley Construction Company, Inc. based on its bid made therefor, and the City's specifications, 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. A contingency account of $20,100.00 is established for such work. 3. John A. Hall & Company, Inc. is permitted to withdraw its bid submitted to the City for such work, such bid withdrawal having been requested by said company in accordance with Section 11-20.2, Code of Virginia (1950), as amended, and the requirements of such statute having been fulfilled by said company. 4. All other bids made to the City for the aforesaid work be and they are hereby REJECTEDi the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bids. 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 C%TY OF ROANOKE, V%RGINIA, The 28th day of September, 1981. No. 25779. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Bio-Grow Systems, Inc., dated April 21, 1981 for sludge removal from the Sewage Treatment Plant, such contract being authorized by Ordinance No. 25546, adopted April 13, 1981; 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 Bio- Gro Systems, Inc., dated April 21, 1981, such contract being authorized by Ordinance No. 25546, adopted April 13, 1981. Change Order No. 1 shall provide for the following change in the work to be performed: CONTRACT AMOUNT $ 359,145.00 Removal and disposal of an additional 6000 dry tons, more or less, of sludge at $71.829 per dry ton, the total amount of additional work auth- orized hereby not to exceed $430,975.00 TOTAL CHANGE ORDER NO. 1 $ 430~975.00 TOTAL CONTRACT AMOUNT INCLUD%NG CHANGE ORDER NO. 1 $ 790,120.00 Additional time resulting from Change Order No. 1 None. 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 28th day of September, 1981. No. 25780. AN ORDINANCE authorizing the City Manager to enter into a lease agreement with respect to certain property owned by George R. Preas at 3772 Aerial Way Drive, S. W., in the City of Roanoke, Virginia, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to enter into a written lease agreement with George R. Preas (the owner) by which the owner will lease certain property at 3772 Aerial Way Drive, S. W., in the City of Roanoke, Virginia, for use as a fire station, at a monthly rental of $1,100.00 per month, for a three (3) year term with the City having the right to terminate such lease agreement upon thirty (30) days notice to the owner, and upon certain other terms and condi- tions. 2. The form of such lease agreement shall be approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN%A, The 28th day of September, 1981. No. 25781. AN ORDINANCE authorizing the City Manager to enter into a lease agreement with respect to certain property owned by Otis R. and Bertha W. Funk at 4810 Salem Turnpike, N. W., in the City of Roanoke, Virginia, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to enter into a written lease agreement with Otis R. and Bertha W. Funk (the owners) by which the owners will lease certain property at 4810 Salem Turnpike, N. W., in the City of Roanoke, Virginia, for use as a fire station, at a monthly rental of $1,000.00 per month, for a five (5) year term with the City having the right to terminate such lease agreement upon ninety (90) days notice to the owner, and upon certain other terms and conditions. 2. The form of such lease agreement shall be approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25782. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay .................................................. $ 38,500.00 Property Acquisition (1) ..................................... 38,500.00 REVENUE Retained Earnings ............................................... 411,594.84 Appropriated (2) ............................................. 660,139.39 1) Hanion and Avery Property (A05511090101) 2) Appropriated (X05937205) 38,500.00 (38,500.00) 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 28th day of September, 1981. No. 25783. AN ORDINANCE providing for the City's acquisition and clearance of real property on Third Street, N. E., and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Jesse A. Hanion and Bernice Avery to sell and convey to the City real property lying in the City of Roanoke, Virginia, bearing Official Tax No. 3014004 and located at 506 Third Street, N. E., for $37,500.00, is ACCEPTED. 2. Upon delivery to the City of a good and sufficient deed of conveyance, granting to the City the fee simple title to the aforesaid real property, free and clear of all encumbrances and title objections and containing the grantors' general warranty and modern English covenants of title, such deed to be in such form as approved by the City Attorney, the proper City officials shall be authorized to issue and deliver to the owners of this property the $37,500.00 purchase price less any amounts required by law or contract to be paid by grantors at closing. 3. Upon acquisition of this property, the City Manager is authorized to have the improvement on this site razed. 4. In order to provide for the usual daily operation of the municipa! 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 28th day of September, 1981. No. 25785. A RESOLUTION accepting the possession and control of the Jefferson High School building and grounds from the School Board of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that this Council, having received notification by the School Board of the City of Roanoke that Jefferson High School will no longer be utilized by the Board for public school purposes and having been requested by the Board to assume control over the school, does hereby accept, from the School Board of the City of Roanoke, the possession and control of those certain premises known as the Jefferson High School, lying on the south side of Campbell Avenue, S. W., Roanoke, Virginia, containing 2.629 acres, bearing Official Tax No. 1113401, excluding, however, the former Jefferson High School gymnasium site, on the south side of Church Avenue, S. W., Roanoke, Virginia, containing 0.516 acre, bearing Official Tax No. 1113414 and the parking lots on the south side of Luck Avenue, S. W., Roanoke, Virginia, bearing Official Tax Nos. 1113508 and 1113509. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25786~ A RESOLUTION authorizing and directing the appropriate City officials to enter into and execute a cooperation agreement with the City of Roanoke Redevelopment and Housing Authority for the development of the Jefferson High School building for housing for the elderly and for senior citizen activities, and authorizing the City of Roanoke Redevelopment and Housing Authority to file an application with the United States Department of Housing and Urban Development for funding for said development, subject to certain terms and conditions. WHEREAS, Federal regulations and the United States Housing Act of 1937, as amended, require that the City of Roanoke Redevelopment and Housing Authority and the City enter into a cooperation agreement prior to the implementation of a federally funded low-rent housing project; and WHEREAS, under the provisions of the Housing Act of 1937, as amended, the Secretary of Housing and Urban Development (HUD) is authorized to provide financial assistance to local public housing agencies for developing low-rent housing projects; and WHEREAS, the Housing Act provides that there shall be a local determination of need for low-rent housing to meet the needs not being adequately met by private enterprise and that HUD shall not make any contract with a public housing agency in respect to any low-rent housing projects unless the governing body of the locality involved has by appropriate action approved the application of the public housing agency for such assistance; and WHEREAS, there exists a need for low-rent housing in the City, such as the provision of low-rent housing for the elderly which is not being met completely by private enterprise; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority is a public housing agency and wishes to apply to HUD for certain funding to develop the Jefferson High School building as housing for the elderly and for senior citizen activities; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council recognizes that there is a need in the City for the provision of housing for the elderly which is not being met fully by private enterprise at the present. 2. The City Manager is hereby authorized and directed to execute a cooperation agreement for and on behalf of the City of Roanoke with the City of Roanoke Redevelopment and Housing Authority with respect to the development of the Jefferson High School building as housing for the elderly and for senion citizen activities and the City Clerk is hereby authorized and directed to affix or impress the official seal of the City of Roanoke thereon and to attest the same, maid agreement to be upon such form as is approved by the City Attorney. 3. The City of Roanoke Redevelopment and Housing Authority is hereby authorized to apply to HUD for funding for the aforesaid development, said application to be subject to the review and approval of the City Manager prior to submission to HUD. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1981. No. 25787. A RESOLUTION accepting a certain Urban Development Action Grant awarded the City by the United States Department of Housing and Urban Development; authorizing the City Manager to execute the requisite Grant Agreement and all of the agreements with the participating parties required by said Grant Agreement; and authorizing the appropriate City officials to make any certifications required by the terms of the Grant Agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer of an Urban Development Action Grant in the amount of $350,000 awarded by the United States Department of Housing and Urban Development (HUD) under Section 119 of the Housing and Community Development Act of 1974 (Public Law 93-383, as amended), to fund certain community development' activities set out and described in the City's application for said funding made as Grant No. B-81-AA-51-0154, upon all of the terms, provisions and conditions set out in the Grant Agreement preliminarily approved by HUD on July 6, 1981. 2. That H. B. Ewert, City Manager, be and he is hereby authorized and directed to execute, for and on behalf of the City, the requisite Grant Agreement~with HUD to accept the aforesaid award, and to execute all of the agreements with the participating parties required by the Grant Agreement, subject to the terms and conditions of the said Agreement. 3. That H. B. Ewert, City Manager, and Wilburn C. Dibling, Jr., City Attorney, be and they are hereby authorized to make such certifications on behalf of the City as may be required by the provisions of the aforesaid Grant Agreement, and as they may deem necessary and proper to make. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1981. No. 25760. AN ORDINANCE authorizing the City Manager to institute a water conservation plan to deal effectively with the present water shortage. WHEREAS, since May 1980, rainfall in the Roanoke Valley has been approximately one half of the normal quantity, which has caused a shortage of potable water in this area, and in particular, the water level in the City's main water source, Carvins Cove Reservoir, is over 19 feet below its normal level; WHEREAS, in the prudent management of the City's water supply and, in the absence of a declared state of emergency, it is necessary to adopt, as allowed by Section 44-146.16(6), Code of ~Virginia (1950), as amended, a water conservation plan to prevent or postpone a serious water shortage; WHEREAS, the purpose of this plan is to maintain a 100-day supply and to insure, in any event, at least a 30-day supply, to protect and promote the health, welfare, safety, convenience and economic well-being of the citizens of this City and its surrounding localities, taking care to disrupt business and industry as little as possible; WHEREAS, the plan provides for the City Manager's imposition of successively more stringent conservation measures, enforced generally by increasingly higher water user fees and, in some cases, by a prohibition of new water service connections and of the conduct of certain water- intensive businesses, which measures would be activated if the water level in the Carvins Cove Reservoir should drop to specified critical levels, as against rates of decline computed both with and without reference to actual rainfall; WHEREAS, on May 20, 1981 and on September 16, 1981, the City's Water Resources Committee favorably considered the water conservation plan, set forth in a document entitled "Water Resources Restriction/ Allocation Plan," dated May 7, 1981, on file in the Office of the City Clerk, reference to which plan is hereby made, and on September 16, 1981, the Water Resources Committee recommended that this Council authorize the City Manager to implement this plan, if necessary, for the present water shortage; WHEREAS, this Council is authorized to adopt such a plan and to delegate such powers to the City Manager under Sections 15.1-854, 15.1-875 and 44-146.16(6), Code of Virginia (1950), as amended, and under Sections 2(10), 2(28), 2(30), 2(31), 2(32) and 21(g), Roanoke Charter of 1952, as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized and directed forthwith to implement the above-described "Water Resources Restriction/Allocation Plan," dated May 7, 1981. 2. Prior to activating any of the several stages in the plan, the City Manager shall report in writing his intention to do so to each member of Council, indicating the criteria and data utilized in his decision. 3. This Council calls upon the governing bodies of other localities purchasing water from this City for their cooperation in this time of water shortage and implores such governing bodies to adopt ordinances imposing the substantive provisions of the "Water Resources Restriction/ Allocation Plan," dated May 7, 1981. 4. In order to provide for the preservation of the public health and safety, an emergency is declared to exist, and this ordinance shall be in full force and effect upon its passage. 5. This ordinance shall remain in full force and effect until such time as the City Manager shall report in writing to this Council that the current water shortage has ceased or until amended or repealed by this Council, whichever shall occur first in point of time. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1981. No. 25761. AN ORDINANCE permanently vacating, discontinuing and closing a certain alleyway within the City of Roanoke, Virginia, as is more particularly described hereinafter, and providing for an effective date. WHEREAS, Total Action Against Poverty in the Roanoke Valley, Inc., has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described alleyway, which is more particularly described hereinafter; and WHEREAS, Total Action Against Poverty in the Roanoke Valley, Inc., did, on July 8, 1981, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of its application to the Council by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), and at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to Council; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (i979), as amended, and having a hearing at its regular meeting on August 19, 1981, reported to Council and recommended that the hereinafter described alleyway be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on September 28, 1981, at 2:00 p.m., after due and timely notice thereof by publication in The Roanoke Times and World-News, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREFORE, it appearing from the foregoing that the land proprietors affected by the requested closing of the hereinafter described alleyway 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 for permanently vacating, discontinuing, and closing said alleyway, as requested by Total Action Against Poverty in the Roanoke Valley, Inc., and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alleyway situate in the City of Roanoke, Virginia, and more particularly described as follows: BEING that certain alleyway beginning on 5th Street, N. W., in the City of Roanoke, Virginia, and running between Lots 1 through 11, Block 19, Northside Subdivision, and Lots 17 through 27, Block 5, Rogers, Fairfax & Houston Subdivision. 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 alleyway, together with the right of ingress and egress for the maintenance of such lines, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described alleyway of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDA%NED that the City Engineer be, and he is, directed to mark "permanently vacated" on said alleyway on all maps and plats on file in his office on which said alleyway 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 this ordinance shall not take effect until Total Action Against Poverty in the Roanoke Valley, Inc. (TAP) shall have constructed to standards acceptable to the City Engineer a twenty foot (20') public right-of-way for a new public alley leading from Harrison Avenue across the Harrison School property leased by TAP and connecting with that portion of thc alley vacated by this ordinance remaining open, and until TAP shall have dedicated and the City Council shall have accepted the same for public use. BE IT FURTHER ORDAINED, that the Clerk of the Council deliver, upon the effective date of this ordinance, 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 Total Action Against Poverty in the Roanoke Valley, Inc., and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1981. No. 25784. AN ORDINANCE providing for the sale and conveyance of a parcel of land owned by the City and located at the intersection of Liberty and Courtland Roads. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Calvin W. Powers and Mary C. Powers to purchase a parcel of land owned by the City, lying in this city at the intersection of Liberty and Courtland Roads, being described as Lot 60, Block M, Williamson Grove, for the consideration of $3,500.00, is ACCEPTED. Ail costs incident to the transfer of title to this land shall be paid by the purchasers. 2. The Mayor and the City Clerk are authorized, respectively, to execute on behalf of the City and to seal and attest the City's deed of conveyance of this property to Calvin W. Powers and Mary C. Powers. This deed shall be in such form as approved by the City Attorney and contain the City's Special Warranty of title. Thereafter, the City Attorney is authorized to tender this deed to the purchasers upon their payment to the City of the $3,500.00 purchase price. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1981. No. 25789. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaine~ to read as follows, in part: APPROPRIATIONS Community Development (A356000) $14,474,797.71 National Endowment for the Arts (A356701) (1) ............ 19,190.00 REVENUE Community Development (R356600) 14,474,797.71 National Endowment for the Arts (R356667) (2) ............. 19,190.00 (1) Television Documentary (A35670100101) (2) Grant Receipts (R35666721) $19,190.00 19,190.00 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 October, 1981. No. 25790. A RESOLUTION accepting a grant from the National Endowment for the Arts for the production of a television documentary on the Neighborhood Partnership program; and authorizing the execution of the "Special Terms" and other documents applicable to this grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer of the National Endowment for the Arts of Grant No. 12-4250-255 through the Design Arts Program in the amount of $19,190.00 to the City of Roanoke to support production of a television documentary on the Roanoke Neighborhood Partnership program, as described in the City's application of December 12, 1980. 2. The City Manager, H. B. Ewert, be and he is hereby authorized and directed to execute any documents necessary to accept such grant, including the "Special Terms for Grants from the National Endowment for the Arts", and to furnish such additional information as may be required by the National Endowment for the Arts in connection with the aforesaid grant. APPROVED ATTEST~~~. City Clerk Mayor %N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of October, 1981. No. 25791. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund and Airport Fund Appropriation Ordinances, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund and Airport Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriation Transfers to Other Funds ....................................... $8,142,790.00 Airport Fund (1) ............................................. 596,705.00 Undesignated Fund Balance ...................................... 1,745,723.00 AIRPORT FUND Appropriation Capital Outlay ................................................. 5,294,795.69 Land Acquisition (2) ......................................... 350,000.00 Revenue Contributed Capital (3) ........................................ 13,329,017.68 1) Transfers to Airport Fund (A01931037004) .$350,000.00 2) Land Acquisition (A04511092401) 350,000.00 3) Contributed Capital (X04932501) 350,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, V%RGINIA, The 5th day of October, 1981. No. 25792. AN ORDINANCE providing for the acquisition of real estate needed by the City for airport purposes, authorizing the City Manager to fix to a certain limit 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 any of the parcels; directing the mailing of this ordinance to certain persons; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the development, improvement and maintenance of the Roanoke Municipal Airport, Woodrum Field, the City wants and needs the fee simple title with appurtenant rights of the follow- ing described real estate: Owner Property (a) Blanche Mitchell William M. Newman, Jr. William Gates (option holder) 7.55 acres on Dent Road, Roanoke County, Virginia (b) Ralph Ayers 5.43 acres on Dent Road, Roanoke County, Virginia (c) Patrick Wingfield George M. Marshall 2.03 acres on Dent Road, Roanoke County, Virginia (d) Clifford E. Smith Lot 12, Southview Addition Roanoke, Virginia The proper City officials are authorized to acquire the above real estate from the respective owners thereof for such consideration as the City Manager may deem appropriate, subject to the limitations set forth below and subject to applicable statutory guidelines. 2. The City Mmnager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels such consideration as he deems appropriate and other benefits allowed by law, provided however, ti~ese offers, plus associated administrative costs, shall not, together, exceed $350,000.00 without further authorization of this 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 these 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 motion on behalf of the City for entry of an order, pursuant to Section 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 into court the sums offered to the respective owners. 5. The City Clerk is directed to mail an attested copy of this ordinance to each property owner listed above, to the Clerk of the Roanoke County Board of Supervisors, the Acting County Administrator and to the Airport Advisory Commission. 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1981. No. 25788. AN ORDINANCE permanently vacating, discontinuing and closing an alley lying to the west of Lot 130, Roanoke Land and Improvement Company, between Campbell Avenue, S. E., and Kirk Avenue, S. E., Roanoke, Virginia, granting certain easements and rights with respect thereto and authorizing agreements with adjoining landowners as to certain other proposed uses therefor. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The following described alley lying in the City of Roanoke, west of Lot 130, Roanoke Land and Improvement Company, between Campbell Avenue, S. E. and Kirk Avenue, S. E., is permanently vacated, discontinued and closed and all right, title and interest of the public in and to the same is hereby released and terminated insofar as the Council of the City of Roanoke, Virginia is empowered to do so: All that certain alley between Campbell Avenue, S. E. and Kirk Avenue, S. E., adjacent to and bounded on the west by Lots 122 through 129, inclusive, Ward 5, Roanoke Land and Improvement Company and on the east by Lot 130, Ward 5, Roanoke Land and Improvement Company, less that portion of the alley vacated by Roanoke City Council by Ordinance No. 24162, adopted June 12, 1978, all as shown on Roanoke City Tax Map No. 401. 2. The City Engineer is directed to mark "Permanently Vacated" on all maps on file in his office on which the alley is shown, referring to the deed book and page of the Circuit Court for the City of Roanoke, Virginia (Court), wherein a certified copy of this ordinance shall be recorded. 3. The City Clerk shall deliver to the Court Clerk a certified copy of this ordinance in order that she may make proper notation on any maps recorded in her office on which this alley may be shown. The Court Clerk is requested to record a certified copy of this ordinance in the current deed book in her office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and the City of Roanoke, Virginia, as Grantee, except that the Court Clerk is requested to index the closing of the following portion of the alley in the name of the City of Roanoke, Virginia, as Grantor andPeoples Federal Savings and Loan Association, as Grantee: All that westerly portion of the above described alley upon which the improvement located on Lots 126 and 127, Ward 5, Roanoke Land and Improvement Company appears to encroach, as shown on "Survey For Peoples Federal Savings and Loan Association," dated December 3, 1976, by Jack G. Bess, reference to which is hereby made. This property lies adjacent to the east boundary of Lots 126 and 127, Ward 5, Roanoke Land and Improvement Company, and varies in width from 1.12 feet to 1.09 feet and is 50 feet in length. 4. The owner, its successors and assigns, of Lots 126 and 127, Ward 5, Roanoke Land and Improvement Company, on which is located the improvement occupied by Peoples Federal Savings and Loan Association, are authorized to allow the encroachment over the above alley of existing ducts on the building, for as long as these ducts may encroach over this real property. 5. The appropriate City Officials are authorized and directed to enter into agreements, upon such form as approved by the City Attorney, with the proper parties, and to take such other appropriate steps, for the following purposes: (a) the granting of an easement over the above alley for pedestrian ingress and egress to the rear door of the Colonial Arms Building, located on Lots 122 through 125, Ward 5, Roanoke Land and Improvement Company; (b) the granting of an easement over the above alley for vehicular and pedestrian ingress and egress from Kirk Avenue to the rear door of the Peoples Federal Savings and Loan Association Building, located on Lots 126 and 127, Ward 5, Roanoke Land and Improvement Company; (c) the granting of an easement, or other authority, to permit construction of stairways over the above alley to attach to the rear of the Peoples Federal Savings and Loan Association Building and to encroach upon the above alley. 6. The City gives assurance that it will cooperate with the owners of the Colonial Arms Building and the Peoples Federal Savings and Loan Association Building to make all reasonable and necessary efforts to perfect title to the above alley; and the appropriate City officials are authorized and directed to take such measures to this end. 7. Subject to further action of this Council as required by law, the appropriate City Officials are authorized and directed to enter into agreements providing for the grant by the City of air rights to permit construction and maintenance of two pedestrian bridges from the proposed parking garage to be constructed east of the above alley, across the same, and connecting on the one hand with the Colonial Arms Building and, on the other, with the Peoples Federal Savings and Loan Association Building; provided, however, that all applicable constitutional, statutory and local procedural and substantive provisions governing the granting of air rights shall be complied with in this regard. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1981. No. 25793. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund and Grant Programs Fund 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 1981-82 General Fund and Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations Education ..................................................... $33,545,041.65 Instruction (1 & 2) ......................................... 16,667,516.00 Fixed Charges (3-6) ......................................... 5,046,072.16 Other Instructional Costs (7,8,10) .......................... 2,789,733.00 Transfers (9) ............................................... 30,539.75 GRANT FUND Appropriations Artists in Schools (11-14) .................................... Revenue 12,400.00 Artists in Schools (15-16) .................................... 12,400.00 (1) Compensation - Elementary Teachers (A01610210115) (2) Compensation - Secondary Teachers (A01610210116) (3) Fringe Benefits - Retirement (A01610911101) (4) Fringe Benefits - FICA (A01610911102) (5) Fringe Benefits - Health Insurance (A01610911104) (6) Fringe Benefits - Life Insurance (A01610911105) (7) Contractual Services - Tuition Paid Private Sources (A01610320104) (8) Materials and Supplies - Secondary Textbooks (A01610330106) (9) Grant Fund Local Match (A01631037035) (10) Instructional Supplies - Art (A01610330227) (11) Contractual Services - Consulting Artists (A35480320010) (12) Contractual Services - Honoraria (A35480320011) (13) Materials and Supplies - Supplies (A35480330005) (14) Materials and Supplies - Publications (A35480330047) .... (15) Artists in Schools - Federal Grant Receipts (R35480321)- (16) Artists in Schools - Local Match (R35480331) 30,175.00 12,000.00 5,061.00 2,742.00 423.00 1,200.00 (50,477.00) (1,124.00) 7,000.00 (7,OOO.OO) 9,000.00 1,200.00 2,000.00 200.00 5,400.00 7,000.00 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 12th day of October, 1981. No. 25795. A RESOLUTION inviting neighboring local governments to appoint representatives to serve as liaison members to the Airport Advisory Commission. WHEREAS, City Council established the Airport Advisory Commission to act in an advisory capacity to Council in matters relating to the operation, use, development and improvement of Roanoke Municipal Airport, Woodrum Field; WHEREAS, in order to promote and maintain communication and cooperation among the local governments of the Roanoke Valley concerning the Airport, Council in 1976 provided by ordinance that the governing bodies of Roanoke County, Botetourt County, the City of Salem and the Town of ¥inton were invited to appoint one person each as liaison members of the commission, to meet with the mem- bers of the commission, to take part in its deliberations and studies and to make recommendations with respect to its proceedings; WHEREAS, the Airport is an important regional asset, the operation, maintenance and improve- ment of which are issues vital, not just to the City, but to all local governments of the Roanoke Valley, and so this Council would like to renew the above invitation to these jurisdictions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council extends a cordial invitation to the governing bodies of Roanoke County, Botetourt County, the City of Salem, and the Town of Vinton to appoint one person each as a liaison member to the Airport Advisory Commission and welcomes such participation by these local governments in the work of the commission, in accordance with Section 4-25, Code of the City of Roanoke (1979), as amended. 2. The City Clerk is directed to mail a certified copy of this resolution to the respective Clerks of the above governing bodies and the City Manager is directed to notify the appropriate representative of such governing bodies of meetings of the Airport Advisory Commission. APPROVED ATTEST/__~~/~. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1981. No. 25796. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Non-Departmental $14,348,851.09 Miscellaneous (1) .................................. 142,840.00 General Fund Contingency Reserve (2) ................. 517,000.00 (1) Settlement of Claims (A01914099920) ..... $ 35,000.00 (2) Contingency Reserve (A01941032006) ...... (35,000.00) 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 12th day of October, 1981. No. 25797. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Recreation $ 787,687.50 Elmwood Park (1) ..................................... 601,810.00 Capital Improvement Reserve 5,405,006.82 Public Improvement Bond Series ....................... 1,924,290.00 Parks (2) ............................................ 6,945.00 (1) Appropriated from Bond Funds (A08170190801)--$ 529,500.00 (2) Parks (A08310172603) (529,500.00) 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 12th day of October, 1981. No. 25798. AN ORDINANCE providing for the implementation of Century Project 12-96, consisting of various improvements to Elmwood Park, upon certain terms and conditions, by accepting the lowest bid made to the City; authorizing execution of the requisite contract; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Watts and Breakell, Inc., of Roanoke, Virginia, for furnishing within 200 consecutive calendar days all necessary equipment, labor, and materials, required for construc- tion of Century Project 12-96, consisting of various improvements to Elmwood Park, as described in reports of the City Manager and Bid Committee dated October 10, 1981, being the lowest and best bid made in full accordance with the City's plans and specifications, including Alternatives 1, 2, 4, 6 and 7 to the base bid, for the total sum of $504,500.00, is hereby ACCEPTED. A contingency for the project in the amount of $25,000.00 shall be established. These sums shall derive from funds hereto- fore or simultaneously appropriated for this purpose. 2. The City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. That the other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and express to each the City's appreciation of 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. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1981. No. 25799. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Recreation ............................................. $ 544,187.50 Improvements - Five City Parks (1) ................... 61,000.00 Capital Improvement Reserve ............................ 5,822,506.82 Park Improvements (2) ................................ 112,000.00 (1) Appropriated from General Revenue (A08170191003) (2) Park Improvements (A08310172506) $ 61,000.00 (61,000.00) 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 12th day of October, 1981. No. 25800. AN ORDINANCE authorizing certain agreements and contracts to be entered into with Blue Cross of Southwestern~Virginia and Blue Shield of Southwestern Virginia to provide medical and health services 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 the following documents with Blue Cross of Southwestern Virginia and Blue Shield of Southwestern Virginia for the provision of certain medical and health services to employees of the City and members of their families: (1) Enrollment Summaries and Agreement extending present coverage from August 1, 1981, to December 31, 1981; (2) a Group Contract for medical and health services as described in a report of the City Manager to Council dated September 28, 1981, as Plan II, for the period January 1, 1982, to December 31, 1982; and (3) any other necessary and appropriate agreements setting forth the terms of the contract and the obligations of each party to the contract. Ail such agreements and contracts 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 Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of October, 1981. No. 25801. A RESOLUTION confirming the City Manager's appointment of W. Robert Herbert as Assistant City Manager. BE IT RESOLVED by the Council of the City of Roanoke that the said Council doth hereby confirm the City Manager's appointment, as communicated to Council by the City Manager in his report of October 12, 1981, of W. Robert Herbert as Assistant City Manager, effective October 13, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1981. No. 25794. AN ORDINANCE authorizing and providing for an amendment to a lease between the City as lessor and J & S Parking Company as lessee, to provide for the paving of the parking lot at the corner of Tazewell Avenue and Williamson Road, S. E., thereby leased, and to extend the term thereof four years. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager is authorized and directed to execute on behalf of the City, and the City Clerk is authorized to attest, an amendment to the lease dated April 1, 1972 between the City of Roanoke, assignee of the Norfolk & Western Railway Company, lessor, and J & S Parking Company, lessee, to provide for the paving of the parking lot at the corner of Tazewell Avenue and Williamson Road, S. E., thereby leased, and to extend the term of this lease for four years. The amendment will provide that the lessee shall recoup its $15,558 paving cost over twenty-four months by means of reduced rental payments. This amended lease may contain any other provisions which the City Manager may require. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1981. No. 25802. A RESOLUTION concurring in the City Manager's recommendation with respect to free parking in the Municipal Parking Garage on Saturdays for one year commencing November 1, 1981. BE IT RESOLVED by the Council of the City of Roanoke that this Council concurs in the City Manager's recommendation that parking in the Municipal Parking Garage shall be free on Satur- days, during the hours the Municipal Parking Garage is open to the public, for one year commencing November 1, 1981. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1981. No. 25803. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Recreation ............................................... $ 483,187.50 Entranceway Park (1) ................................... 225,000.00 Fund Balance Unappropriated (2) ........................ 1,443,167.30 (1) Appropriated from General Revenues (A08170190903)--$ 225,000.00 (2) Fund Balance Unappropriated (X08937210) (225,000.00) 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 26th day of October, 1981. No. 25804. AN ORDINANCE providing for the acquisition of real estate needed by the City for the creation of a park between Commonwealth Avenue, N. E., Wells Avenue, N. E., Williamson Road, N. E., and Interstate 581; authorizing the City Manager to offer certain sums to the owners of this property; 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 preparing the land for park purposes; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the creation of a park between Commonwealth Avenue, N.E., Wells Avenue, N. E., Williamson Road, N. E., and Interstate 581 in this City, the City wants and needs the fee simple title to the real property lying in the City of Roanoke, Virginia described below: OWNER George Tanoff Alton B. Prillaman Nancy K. Prillaman Edgar D. Prillaman Mary A. Prillaman; J. W. Inge, III, t/a Stanford & Inge (leasehold interest) PROPERTY Lots 1, 2, 3 & 4, Scott-Wright Map Lot 5, Scott-Wright Map Lot 6, Scott-Wright Map CITY'S OFFER $ 140,000.00 $ 19,375.00 $ 43,300.00 (which includes $16,300.00 allocated to the value of the leasehold) The proper City officials are authorized to acquire for the City from the respective owners listed above the necessary real property, with appropriate ancillary rights, for the considerations set forth above, subject to the limitations set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land, the respective considerations set forth above. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 102 3. Should the City be unable agree with the owner of any real estate to be acquired, should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of any owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to Section 25- 46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of creating the park. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the sums offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordinance to each 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1981. No. 25805. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 3 to the City's contract with R. E. Lee & Son, Inc., for construction of the Roanoke Courts Facility, 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. 3 to the City's contract with R. E. Lee & Son, Inc., of Charlottesville, Virginia, for construction of the P, oanoke Courts Facility. 2. Change Order No. 3 shall provide for the following changes in the work to be performed: CONTRACT AMOUNT INCLUDING PREVIOUS CHANGE ORDERS $8,669,492.86 CHANGE ORDER NO. 3 Additional work to footings to find adequate bearing and redesign of footings 53,127.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 3 $8,722,619.86 Additional time resulting fomr Change Order No. 3 45 Calendar days. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN%A, The 26th day of October, 1981. No. 25806. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Public Safety .......................................... $11,953,260.61 Jail (1) ............................................. 1,422,512.00 Contingency Reserve (2) ................................ 499,895.00 (1) Construction of Structures (A01331090060) (2) Contingency Reserve (A01941032006) $ 7,000.00 (7,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST:f_~ ~ ~' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1981. No. 25807. A RESOLUTION opposing proposed cuts in the revenue sharing program and urging continuation of this valuable program at current levels. WHEREAS, the City of Roanoke has benefited greatly from the general revenue sharing program since 1973, having received $22,214,992 through Fiscal Year 1981, which sum has been expended mostly for police and fire services in the City; WHEREAS, the City has budgeted the sum of $2,636,676 in projected general revenue sharing income for Fiscal Year 1982, which sum is to be expended for payroll costs for policemen and firemen; WHEREAS, the President has proposed a 12% cut in the general revenue sharing program which would apply to the last three quarters of Fiscal Year 1982, and such cut would cost this City $231,138; WHEREAS, the continued existence of the entire revenue sharing program is uncertain at this time; WHEREAS, President Reagan's strong endorsement of the program during the campaign, and his intention to shift responsibilities currently being performed by the Federal government back to State and local governments had created reasonable expectations that the program would be increased; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council urges the United States Congress to continue the Federal general revenue sharing program at its current level. 2. The City Clerk is directed to transmit an attested copy of this resolution to The Honorable Harry F. Byrd, Jr., United States Senator, The Honorable John W. Warner, United States Senator, and The Honorable M. Caldwell Butler, Member, House of Representatives. APPROVED ATTEST: ~~ ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1981. No. 25808. A RESOLUTION calling upon the City's elected representatives to the 1982 Session of the General Assembly to sponsor and work for the enactment of legislation amending legislation enacted at the 1981 Session which placed home heating fuel dealers in localities retaining the 1% sales and use tax on home heating fuels at a competitive disadvantage. WHEREAS, effective October 1, 1981, the 1981 Session of the General Assembly repealed the 3% State sales and use tax on artificial or propane gas, firewood, coal and home heating oil pur- chased by an individual for domestic consumption; WHEREAS, the 1% local tax on such fuels continues to apply unless specifically exempted by local ordinance; WHEREAS, the City of Roanoke would lose approximately $74,200 in Fiscal Year 1982 by eliminating the 1% sales tax effective November 1, 1981, and would incur a loss of approximately $154,400, or approximately 2.1% of total sales tax collection by eliminating such tax for the entire Fiscal Year 1983; WHEREAS, many small or rural localities are able to eliminate the 1% local tax with little or no revenue loss and have, in fact, done so; WHEREAS, the 1% local tax is allocated to the locality in which the place of business from which the sale is made is located, i.e. the business location that first takes the purchaser's order, either in person, by purchase order, or by letter or telephone, regardless of the location of the merchandise or the point of acceptance of the order or shipment; WHEREAS, the foregoing provision places the home fuel dealer in a locality retaining the 1% local tax at an unfair competitive disadvantage because such dealers will be compelled to collect the local tax even when delivering in localities which do not collect a tax and because dealers from localities which have eliminated the 1% local tax will be able to deliver within the City of Roanoke without collecting any tax; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City's elected representatives to the 1982 Session of the General Assembly are urged to sponsor andwork for the enactment of legislation which would provide that the 1% local sales and use tax on fuels used for domestic consumption should be allocated to the locality in which such fuel is delivered and used for domestic purposes. 2. The City Clerk is directed to forward an attested copy of this resolution to The Honorable Ray L. Garland, Member of Senate of Virginia, The Honorable A. Victor Thomas, Member, House of Delegates, The Honorable Clifton A. Woodrum, III, Member, House of Delegates, and to the Virginia Municipal League. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1981. No. 25810. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Public Buildings ..................................... $5,650,050.02 Cultural Center Parking Garage (1) ...................... 4,526,613.19 REVENUE Due from Western Virginia Foundation (2) ................... 926,200.00 (1) Appropriated from Third Party (A08180190804)--$926,200.00 (2) Western Virginia Foundation for Arts (X08113301)- 926,200.00 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 26th day of October, 1981. No. 25811. AN ORDINANCE accepting the bid of J. M. Turner & Co., Inc., for construction of the Market Square Parking Garage, including certain improvements for the Western Virginia Foundation for the Arts and Sciences, 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. That the bid of J. M. Turner & Co., Inc., of Salem, Virginia, for furnishing within twelve (12) consecutive calendar months all necessary equipment, labor and materials required for construction of the Market Square Parking Garage, including certain improvements to be owned by the Western Virginia Foundation for the Arts and Sciences, as described in reports of the City Manager and Bid Committee dated October 26, 1981, being the lowest and best bid made in full accord- ance with the City's plans and specifications, for the total sum of $3,212,000.00, is hereby ACCEPTED. A contingency for the project in the amount of $114,200.00 shall be established. These sums shall derive from Urban Development Action Grant Funds previously awarded the City and hereto- fore or simultaneously appropriated for this purpose, and from funds in the amount of $926,200 which the Western Virginia Foundation for the Arts and Sciences has agreed to reimburse the City for the portion of this project to be owned by it. 2. The City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications for such work, as prepared by Hayes, Seay, Mattern & Mattern, Architects, Engineers and Planners, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. That the other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and express to each the City's appreciation of 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, i981. No. 25812. AN ORDINANCE authorizing a certain contract to be entered into between the City and the Western Virginia Foundation for the Arts and Sciences, a non-profit corporation, providing for reimbursement to the City of certain land acquisition costs and of a portion of the construction costs of the Market Square Parking Garage; 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 a written contract with the Western Virginia Foundation for the Arts and Sciences, a non-profit corporation organized and existing under the laws of the Commonwealth of Virginia (hereinafter referred to as the Foundation), providing for the Foundation's reimbursing the City $132,000.00, a sum representing the Foundation's portion of the City's land acquisition costs for Parcels identifie~. as Official Tax Nos. 4010805 and 4010806, and providing for the Foundation's agreement to reimburse the City $926,200.00, a sum representing the cost to the City of constructing certain facilities on behalf of the Foundation in the Market Square Parking Garage, and upon certain other terms and conditions. 2. The form of the contract, a copy of which is on file in the Office of the City Clerk, shall be approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1981. No. 25813. AN ORDINANCE providing for the contracting for certain alterations and improvements to Youth Haven, upon certain terms and conditions, by accepting the lowest bid made to the City; authorizing execution of the requisite contract; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Construction Services of Roanoke, Inc., of Roanoke, Virginia, for furnishing within sixty (60) consecutive calendar days all necessary equipment, labor, and materials, required for certain alterations and improvements to Youth Haven, as described in a report of the Bid Committee dated October 26, 1981, being the lowest and best bid made in full accordance with the City's plans and specifications, including Alternatives 1, 2, 3, 4 and 5 to the base bid, for the total sum of $17,980.00, is hereby ACCEPTED. A contingency for the project in the amount of $520.00 shall be established. These sums shall derive from funds heretofore or simultaneously appropriated for this purpose. 2. The City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, ~uch contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. That the other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and express to each the City'a appreciation of 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 pas- sage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of October, 1981. No. 25814. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaine4 to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) ......................... $5,847,184.74 Pre-School Incentive 1981-82 (1) ........................... 4,900.00 REVENUE Roanoke City School Grants (R354000) ......................... 5,847,184.74 Pre-School Incentive 1981-82 (2) ........................... 4,900.00 (1) Equipment (A35451590005) (2) Federal Grant Receipts (R35451521) $980.00 980.00 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 October, 1981. No. 25815. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS City Council (1) ....................................... $ Commissioner of Revenue (2) ............................ Personnel Management (3) ............................... Sheriff (4) ............................................ Commonwealth's Attorney (5) ............................ Police - Investigation (6) ............................. Police - Services (7) .................................. Fire - Prevention (8) .................................. 91,251.00 342,372.00 211,749.00 462,689.00 250,736.00 829,542.00 465,901.00 141,861.00 Fire - Suppression (9) ................................. 4,365,704.00 Animal Control (10) .................................... 97,772.00 Refuse Collection (11) ................................. 1,744,291.00 Commercial Refuse (12) ................................. 571,812.00 Social Services - Services (13) ........................ 3,433,530.00 Parks and Recreation (14) .............................. 718,788.00 Library (15) ........................................... 797,501.00 City Information Services (16) ......................... 825,389.00 Materials Control (17) ................................. 491,984.00 Communications (18) .................................... 528,259.00 Street Maintenance (19) ................................ 2,753,084.00 Utility Line Facilities (20) ........................... 1,376,150.00 Building Maintenance (21) .............................. 1,806,753.00 Custodial Services (22) .................................. $ Grounds Maintenance (23) ................................. Motor Vehicle Maintenance (24) ........................... Personnel Lapse (25,26) .................................. 555,767.00 643,928.16 971,922.00 356,252.00 REVENUE Grants-in-Aid Commonwealth .............................. $29,687,070.00 Shared Expenses - Commissioner of Revenue (27) ........ 138,400.00 Shared Expenses - Sheriff (28) ........................ 499,236.00 Shared Expenses - Commonwealth's Attorney (29) ........ 234,741.00 Reimbursements - Public Assistance (30) ............... 5,185,070.00 (1) Salaries and Wages (A01111010002) (2) Salaries and Wages (A01123310002) (3) Salaries and Wages (A01126110002) (4) Salaries and Wages (A01214010002) (5) Salaries and Wages (A01221010002) (6) Salaries and Wages (A01311210002) (7) Salaries and Wages (A01311410002) (8) Salaries and Wages (A01321210002) (9) Salaries and Wages (A01321310002) (10) Salaries and Wages (A01353010002) (11) Salaries and Wages (A01421010002) (12) Salaries and Wages (A01421210002) (13) Salaries and Wages (A01531410002) (14) Salaries and Wages (A01711010002) (15) Salaries and Wages (A01731010002) (16) Salaries and Wages (A06160110002) (17) Salaries and Wages (A06161310002) (18) Salaries and Wages (A06161910002) (19) Salaries and Wages (A06262110002) (20) Salaries and Wages (A06262510002) (21) Salaries and Wages (A06263110002) (22) Salaries and Wages (A06263210002) (23) Salaries and Wages (A06263510002) (24) Salaries and Wages (A06264110002) (25) Personnel Lapse (A01941010025) (26) Personnel Lapse (A06941010025) (27) Shared Expenses-Commissioner of Revenue (R01061015) (28) Shared Expenses - Sheriff (R01061010) (29) Shared Expenses - Commonwealth's Attorney (R01061005) (30) Reimbursements - Public Assistance (R01061505) 2,700.00 (1o,ooo.oo) (3,ooo.oo) (17,000.00) (5,000.00) (14,000.00) (5,000.00) (lO,OOO.OO) (7,000.00) 652.00 (6,OOO.OO) (1,700.00) (10,000.00) (1,000.00) (10,000.00) (8,ooo.oo) (1,900.00) (7,500.00) (14,000.00) (5,0o0.0o) (12,000.00) (4,ooo.oo) (5,000.00) (25,ooo.oo) 61,348.00 82,400.00 (5,000.00) (17,ooo.oo) (5,0OO.00) (8,000.00) 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 26th day of October, 1981. No. 25816. A RESOLUTION appointing a director of the Industrial Development Authority of the City of Roanoke, Virginia, to fill a four-year term on its Board of Directors. WHEREAS, the Council is advised that the term of office of Mr. Horace G. Fralin, a director of the Industrial Development Authority of the City of Roanoke, Virginia, expires on October 20, 1981; and WHEREAS, Section 15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body on such Board of Directors shall, after initial appointment, be made for terms of four (4) years on such Board; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Horace G. Fralin is reappointed directer on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years, commencing October 21, 1981, and expiring October 20, 1985, to fill a vacancy created by expiration of the term of office of said member on the Board occurring on October 20, 1981. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1981. No. 25809. AN ORDINANCE authorizing the City Manager to enter into a party wall agreement with Modern Development Corporation to permit the encroachment of the latter's wall over the City's property on the north side of Church Avenue and to provide certain controls over the development of the wall. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite party wall agreement with Modern Development Corporation to allow the encroachment of several inches of the eastern wall of that firm's building over the City's land lying on the north side of Church Avenue, Roanoke, Virginia, described as Lot 169 and 170, Ward 5, Roanoke Land and Improvement Company. This agreement shall further provide that the City Manager shall retain the rights to approve initial construction of the wall and, afterward, to review and comment on proposed alterations thereto; shall include any other provisions required by the City Manager; and shall be in such form as approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNC%L OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1981. No. 25817. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Fifth District Consortiu Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Fifth District Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fifth District Consortium 10/1/81 to 9/30/82 (A348200) ................................................ $ Admin. Pool (51-2-204-05) (1) ............................ Title IIB (51-2-204-10) (2) .............................. Title IV YETP (51-2-204-48) (3) .......................... Title IV SPEDY (51-2-204-32) (4) ......................... Title VII (51-2-204-27) (5) .............................. Educational Link Coordinator (6) ......................... 668,841.00 297,358.00 225,776.00 52,171.00 12,194.00 57,723.00 23,619.00 Fifth District Consortium 10/1/80 to 9/30/81 (A348100) ................................................ 4,590,848.85 Admin. Pool (51-1-204-05) (7) ............................ (297,358.00) Title IIB (51-1-204-10) (8) .............................. (225,776.00) Title IV YETP (51-1-204-48) (9) .......................... (49,493.00) Title IV YCCIP (51-1-204-38) (10) ........................ ( 2,678.00) Title IV SPEDY (51-1-204-32) (11) ........................ (12,194.00) Title VII (51-1-204127) (12) ............................. (57,723.00) REVENUE Fifth District Consortium 10/1/81 to 9/30/82 (R348200) ................................................ Admin. Pool (51-2-204-05) (13) ........................... Title IIB (51-2-204-10) (14) ............................. Title IV YETP (51-204-48) (15) ........................... Title IV S?EDY (51-2-204-32) (16) ........................ Title VII (51-2-204-27) (17) ............................. Educational Link Coordinator (18) ........................ 689,627.00 297,358.00 225,776.00 52,171.00 12,194.00 57,723.00 23,619.00 Fifth District Consortium 10/1/80 to 9/30/81 (R348100) ............................................... $4,569,848.85 Admin. Pool (51-1-204-05) (19) ....................... Title IIB (51-1-204-10) (20) ......................... Title IV YETP (51-1-204-48) (21) ..................... Title IV YCCIP (51-1-204-38) (22) .................... Title IV SPEDY (51-1-204-32) (23) .................... Title VII (51-1-204-27) (24) ......................... (297,358.00) (225,776.00) (49,493.00) (2,678.00) (12,194.00) (57,723.00) (1) Unobligated Admin. Pool (A34826099999) ...... $ 297,358.00 (2) Unobligated IIB (A34826199999) 225,776.00 (3) Unobligated YETP (A34826399999) 52,171.00 (4) Unobligated SPEDY (A34826599999) 12,194.00 (5) Title VII (A34826799999) 57,723.00 (6) Salary (A34826880101) 23,619.00 (7) Unobligated Admin. Pool (A34816099999) ...... (297,358.00) (8) Unobligated IIB (A34816199999)- ............. (225,776.00) (9) Unobligated YETP (A34816399999) (10) Unobligated YCCIP (A34816499999) (11) Unobligated SPEDY (A34816599999) (12) Unobligated Title VII (A34816799999) (13) Admin. Pool (51-2-204-05) (R34820160) (14) Title IIB (51-2-204-10) (R34820161) (15) YETP (51-2-204-48) (R34820163) .............. (16) SPEDY (51-2-204-32) (I{34820165) (17) Title VII (51-2-204-27) (R34820167) (18) Educational Link Coord. (R34820360) (19) Admin. Pool (51-1-204-05) (R34810101) (20) Title IIB (51-1-204-10) (R34810161) (21) YETP (51-1-204-48) (R34810163) (22) YCCIP (51-1-204-38) (R34810164) (23) SPEDY (51-1-204-32) (R34810165) (24) Title VII (51-1-204-27) (R34810167) (49,493.00) (2,678.00) (12,194.00) (57,723.00) 297,358.00 225,776.00 52,171.00 12,194.00 57,723.00 23,619.00 (299,358.00) (225,776.00) (49,493.00) (2,678.00) (12,194.00) (57,723.00) 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 2nd day of November, 1981. No. 25818. A RESOLUTION waiving the standard rental fee for use of a City facility. WHEREAS, by Resolution No. 24982, dated January 28, 1980, this Council established a policy with respect to waiver of rental fees for use of City facilities and property by certain organizations. WHEREAS, the applicant organization has represented that it is an organization qualifying for waiver of rental fees pursuant to the provisions of paragraph 2 of Resolution No. 24982. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Roanoke Valley Chamber of Commerce shall be authorized use of Victory Stadium, with waiver of the standard rental fee on November 8, 1981. 2. The applicant organization shall comply with all the terms and conditions of Resolu- tion No. 24982, dated January 28, 1980. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1981. No. 25819. A RESOLUTION requesting remedial action to alleviate overcrowding at the Roanoke City Jail. WHEREAS, in February 1976, the Council of the City of Roanoke, recognizing the need for a new city jail, authorized and subsequently issued bonds for such purpose; WHEREAS, the new City Jail, a modern, safe institution constructed at a cost in excess of $7,000,000, began operating in June 1979; WHEREAS, since that time, the facility has met or exceeded all the requirements of the State Department of Corrections; WHEREAS, the City Jail, like many other local institutions, is experiencing overcrowding which is largely the result of the necessity of housing state prisoners whose custody has not been assumed by the State Department of Corrections; WHEREAS, jail overcrowding is a potentially dangerous and hazardous condition which may result in inmate disturbances, riots, and assaults and which imposes additional costs upon the localities which must attempt to deal with the overcrowded conditions and the results thereof. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council requests that the Commonwealth of Virginia take immediate action to provide adequate state facilities to care for state prisoners, thereby relieving the localities of this unjust burden. 2. In the event the burden of housing state prisoners is still imposed upon the localitie the General Apsembly is requested to authorize and permit such localities to bring suit against the Commonwealth for damages, including any capital investment and operational and other costs, incurred by the localities. 3. The City Clerk is directed to forward attested copies of this resolution to the Honorable John N. Dalton, Governor of the State of Virginia, to the Members of the City's Delegation to the General Assembly and to the Legislative Committee of the Virginia iv£unicipal League. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1981. No. 25820. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Water Purification ...................................... $ 453,505.08 Fees for Professional Services (1) ................... 35,000.00 REVENUE Appropriated from Retained Earnings (2) ................. 2,436,200.22 (1) Fees for Professional Services (A02213020010) (2) Appropriated from Retained Earnings (X02937205) $30,000.00 30,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1981. No. 25821. AN ORDINANCE authorizing the temporary purchase of water from the City of Salem to augment the City of Roanoke's water supplies; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorize~>and directed on behalf of the City to take any and all reasonable and customary measures to purchase at cost from the City of Salem approximately two mil- lion gallons per day of treated water, at an estimated cost of $30,000.00 per month. 2. To implement this plan, the City Manager shall use Roanoke pumping equipment to pump water from a Salem hydrant to a Roanoke hydrant near East Salem Elementary School. The defined stream flow of the Roanoke River used for water quality standards shall not be diminished as a result of City of Roanoke's purchase of this water. 3. The acquisition of the water shall commence as soon as possible and continue until one of the following events occurs: (a) the water level in Carvins Cove Reservoir reaches twenty feet or less below the spillway; (b) no surplus water is available from the City of Salem; (c) thirty days from the date of the first purchase have elapsed and, after reviewing the water supply and the budgetary impact of these purchases, this Council has not authorized any extension of this program. 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 2nd day of November, 1981. No. 25822. A RESOLUTION expressing appreciation to the City of Salem for its offer to supply surplus water to the City to help alleviate the City's water shortage. WHEREAS, the City of Roanoke is experiencing a period of water shortage because of the drought which has afflicted the Roanoke Valley and surrounding parts of the state; WHEREAS, the City has actively sought to alleviate the effects of the drought; WHEREAS, the City of Salem has generously agreed to assist the City by selling some of its surplus water to the City at cost. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 113 1. This Council doth express its sincere gratitude and appreciation to the City of Salem for its willingness to assist the City during this period of drought and for its cooperative attitude in making surplus water available to the City. 2. The City Clerk is directed to transmit an attested copy of this resolution to James E. Taliaferro, Mayor of the City of Salem. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1981. No. 25826. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund and Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund and Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropria'cions: Education (A016000) (1-3) .................................... $33,533,529.65 GRANT FUND Appropriations: Roanoke City School Grants (A354000) ......................... 5,886,227.74 Safety First 1981-82 (A354603) (4-11) ....................... 17,600.00 Work Study 1981-82 (A354707) (12) ........................... 9,043.00 Revenue: Roanoke City School Grants (R354000) ......................... 5,886,227.74 Safety First 1981-82 (R354603) (13-14) ...................... 17,600.00 Work Study 1981-82 (RB54707) (15-16) ........................ 9,043.00 (1) Bus Drivers Salaries (A01610510126) $(8,800.00) (2) Data Processing (A01610320119) (2,712.00) (3) Grant Fund - Local Match (A01631037035) ..... 11,512.00 (4) Instructor (A35460310030) (5) Instructor Aide (A35460310031) (6) In-Service Training (A35460310040) (7) Fringe Benefits (A35460311070) (8) Office Supplies (A35460330005) (9) Instructional Supplies (A35460330070) (10) Audio Visual Aides (A35460330071) (11) Training Vehicle (A35460330072) (12) Student Wages (A35470710030) (13) Federal Grant Receipts (R35460321) (14) Local Match (R35460331) (15) Federal Grant Receipts (R35470721) (16) Local Match (RB5470731) 8,500.00 600.00 1,000.00 1,000.00 500.00 3,000.00 1,000.00 2,000.00 9,043.00 8,800.00 8,800.00 6,331.00 2,712.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor ii4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1981. No. 25827. AN ORDINANCE relating to the improvement of Hershberger Road and approving a contract to be entered into between the City and the Virginia Department of Highways and Transportation with respect thereto; 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, and the City Clerk is authorized to attest, the requisite contract between the City and Commonwealth of Virginia, Department of Highways and Transportation for implementation of the first phase of the first segment of the Hershberger Road Project No. 0101- 128-102, C-501, which segment is known as the "Storm Sewer Outfall" and covers the construction of an underpass to the Lick Run Channel to drain this project. This agreement shall bind the City to pay 37% of the project cost, estimated to be $420,921.44, making the City's estimated share $155,740.93. This agreement may contain any other provisions that the City Manager may require and be in such form as 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 Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1981. No. 25828. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Water Fund and Airport Fund Appropriation Ordinances, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Water Fund and Airport Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: WATER FUND Appropriations Operating Expense (1-3) ....................................... $2,778,820.14 AIRPORT FUND Appropriations Operating Expense (4-7) ....................................... 1,278,650.85 (1) Salaries and Wages (A02213010002) (2) Retirement Contributions (A02211011005) (3) Clothing (A02213030040) (4) Salaries and Wages (A0421041.0002) (5) Retirement Contributions (A04210411005) (6) Clothing (A04210430040) (7) Security Services (A04210460058) $ 19,352.96 4,548.76 1,500.00 27,647.04 6,529.94 2,250.00 (36,426.98) 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, VIRGIN%A, The 9th day of November, 1981. No. 25829. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriatic Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Fire Suppression (1) ........................................ $4,425,754.00 Capital Replacement Reserve (2) ............................. 164,950.00 (1) Vehicular Equipment (A01321390010) $ 60,050.00 (2) Capital Replacement Reserve (A01941090001) .... (60,050.00) 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 November, 1981. No. 25830. AN ORDINANCE providing for the purchase of two new fire pumpers for use by the City, upon certain terms and conditions, by accepting a certain bid made to the City for furnishing and delivering such equipment; rejecting certain 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 Grumman Emergency Products, Inc., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia two new fire pumpers for a total price of $221,922.00 is hereby ACCEPTED. 2. The Manager of General Services be, and he is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of the 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 be and 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 municipa! government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1981. No. 25831. A RESOLUTION urging the Attorney General to study the possibility of intervening on behalf of the Commonwealth in the case of Musser, et al. v. United States of America, et al. (W.D.Va.i Civil Action No. 81-0348). WHEREAS, Appalachian Power Company (APCO) had been issued a license by the Federal Power Commission to build the Blue Ridge Hydroelectric Project on the New River; WHEREAS, in reliance on such permit APCO expended millions of dollars in furtherance of such Project; WHEREAS, after APCO had spent some fourteen years in study of the Project and expended millions of dollars, Congress adopted the Scenic Rivers Act of 1976 which nullified the license previously issued to APCO; WHEREAS, APCO will now be compelled to turn to more expensive sources of energy; WHEREAS, APCO customers in Virginia and West Virginia will have to bear this financial burden of the congressional action nullifying APCO's license, and the Federal Power Commission has estimated that the loss of this Project will cost APCO customers $500,000,000.00 in higher rates for electricity to be supplied from costlier alternative sources over the next thirty-five years; WHEREAS, certain APCO customers have filed suit in the United States District Court for the Western District of Virginia under the style of Musser, et al. v. United States of America, et al., against the United States, the State Corporation Commission of Virginia, and APCO, seeking recovery from the United States, and APCO if necessary, of the damages that the customers say they will bear in the form of higher rates because of the Government's actions; WHEREAS, the plaintiff customers in the aforesaid case have petitioned City Council to request the Attorney General to intervene in the case on behalf of the Commonwealth; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Attorney General is urged to study the possibility of intervening on behalf of the Commonwealth of Virginia in the case of Musser,'et'al. v. United States of America~ et al. (W.D.Va., Civil Action No. 81-0348). 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Marshall Coleman, Attorney General of the Commonwealth of Virginia. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1981. No. 25832. A RESOLUTION commending the Center in the Square Project. WHEREAS, the Center in the Square Project is a unique one which will bring together under one roof the Roanoke Museum of Fine Arts, the Roanoke Valley Historical Society, the Mill Mountain Playhouse, the Roanoke Valley Science Museum and the Roanoke Valley Arts Council, and the Center, when completed, will play an important cultural and educational role in the Roanoke Valley and, indeed, in all Western Virginia; WHEREAS, Center in the Square will attract numerous people to downtown Roanoke and is a key to downtown revitalization; WHEREAS, the Market Square Parking Garage, which will be constructed adjacent to the McGuire Building currently being renovated for Center in the Square, is being constructed with Federal Urban Development Action Grant funds; WHEREAS, part of the Market Square Parking Garage will include a shell for a theatre and a shell for a planetarium to be owned, completed and operated by Western Virginia Foundation for the Arts and Sciences (Foundation) and the Foundation has agreed by contract to reimburse the City for the land to be utilized in construction of its portion of the building and to pay for the constructiol costs of its portion of the building under the contract between the City and J. M. Turner & Company, Inc., the latter obligation of $926,200.00 being secured by a irrevocable letter of credit; WHEREAS, the Center in the Square is a private, citizen organization, and those citizens, both individual and corporate, who have been involved in this civic-minded endeavor have given freely of their time, talent and financial resources; WHEREAS, the City Manager and other City officers have worked closely with Center in the Square to make this project possible; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: (1) Council adopts this means of memorializing the history of the Center in the Square Project. (2) Council expresses its deep appreciation and thanks to those citizens, both individual and corporate, who have been involved in the Center in the Square Project and to the City Manager and other City officers who have supported this civic effort. (3) The City Clerk is directed to forward an attested copy of this resolution to Elizabeth H. Muse, President, Western Virginia Foundation for the Arts and Sciences, and to E. K. Mattern, Sr., Chairman, Board of Directors, Western Virginia Foundation for the Arts and Sciences. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1981. No. 25833. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Law Enforcement M.I.S. Grant #80-A5166 (A353512) (1-5) ....................................... $65,772.00 Revenue Law Enforcement M.I.S. Grant #80-A5166 (R353512) (6) ......................................... 65,772.00 (1) Appropriation Estimate - Salaries and Wages (A35351210002) (2) Salaries and Wages (A35351210002) (3) Stationery & Office Supplies (A35351230005) (4) Equipment & Rental (A35351240005) (5) Refund Balance (A35351295005) (6) Appropriation Estimate - Grant Receipts (~535122Z) $(8,800.00) (1,86o.82) (3.74) (9,967.23) 11,831.79 (8,800.00) 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 November, 1981. No. 25834. A RESOLUTION expressing the appreciation of the City of Roanoke to the Honorable Harry F. Byrd, Jr., and the Honorable John W. Warner for their support of an amendment to S.898, the Telecom- munications Competition and Deregulation Act of 1981, which deleted cable television provisions from the Bill. WHEREAS, the Senate Committee on Commerce, Science and Transportation, by lastminute amendments to S.898, the Telecommunications Competition and Deregulation Act of 1981, reported legislation which eliminated local government authority to regulate cable television franchises; WHEREAS, the Act as reported would have prohibited local governments from prescribing or in any way restricting rates charged for the use or sale of cable channel capacity or time on such channels and would have required the Federal Communications Commission to set ceilings on fees cable operators are charged by local governments for receiving the franchise for a particular area; WHEREAS, an amendment to this Act offered by the Honorable Barry Goldwater, which was supported by the Honorable Harry F. Byrd, Jr., and the Honorable John W. Warner, deleted the cable television provisions; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this measure as an expression of appreciation to Senators Byrd and Warner for their support on this matter of vital importance to local governments. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Harry F. Byrd, Jr., and to the Honorable John W. Warner. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 1981. No. 25835. A RESOLUTION confirming the City Manager's appointment of George C. Snead, Jr., as Director of Administration and Public Safety in the administrative service of the City. BE IT RESOLVED by the Council of the City of Roanoke that pursuant to Section 7 of the City Charter, this Council doth hereby confirm the City Manager's appointment of George C. Snead, Jr., as Director of Administration and Public Safety. Such appointment shall be effective December 21, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25823. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 161, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that 0.138 acre tract located in the 2700 Block of Brandon Avenue, S. W., described as the southerly portion of Lots 16 and 17, Block 5, Lee-Hy Gardens, Official Tax No. 1610349, rezoned from RS-3, single family residential district, to RG-1, general residential district; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-3, single family residential district, to RG-1, general residential district; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 9th day of November, 1981, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 161 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located in the 2700 Block of Brandon Avenue, S. W. containing 0.318 acres and described as the southerly portion of Lots 16 and 17, Block 5, Lee-Hy Gardens, designated on Sheet 161 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1610349 be, and is hereby, changed from RS-3, single family residential district, to RG-1, general residential district, and that Sheet No. 161 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25824. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 308, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have a 1.71 acre parcel of land fronting 380 feet on Noble Avenue opposite the City of Roanoke Service Center and Fire Station No. 2 known as Lots 7, 8, 9, 10, 11, 12 and 13, of Block I according to the Map of Williamson Grove and designated as Official Tax Nos. 3080322, 3080323, 3080324, 3080325, 3080326, 3080327 and 3080328 rezoned from IDM, Industrial Development District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from IDM, Industrial Development District, to Light Manufacturing District; the said rezoning to be subject to the conditions proffered by the applicants in their amended application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 9th day of November, 1981, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 308 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on Noble Avenue described as Lots 7, 8, 9, 10, 11, 12 and 13, Block I, according to the Map of Williamson Grove designated on Sheet 308 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3080322, 3080323, 3080324, 3080325, 3080326, 3080327 and 3080328 be, and is hereby, changed from IDM, Industrial Development District, to LM, Light Manufac- turing District, subject to the conditions proffered by and set forth in the applicant's amended application for rezoning, and that Sheet No. 308 of the aforesaid map be changed in this respect. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25825. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 520, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have a certain 2.77 acre parcel lying and being on the northerly side of Lee Highway (U. S. Route No. 11) just west of the intersection of Deyerle Road, and having the Official Tax No.~ 5200104 rezoned from C-2, General Commercial District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District; the said rezoning to be subject to the conditions proffered by the applicants in their application (or amended application) for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 9th day of November, 1981, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 520 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the northerly side of Lee Highway (U. S. Route No. 11) just west of the intersection of Deyerle Road, described as a 2.77 acre parcel designated on Sheet 520 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5200104 be and is hereby, changed from C-2, General Commercial District, to LM, Light Manufacturing District, subject to the conditions proffered by and set forth in the applicant's application (or amended application) for rezoning, and that Sheet No. 520 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25836. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Public Buildings .................................. $5,661,145.02 Market Lighting and Anchors (1) ....................... 11,095.00 Capital Improvement Reserve ............................. 5,187,826.82 Public Improvement Bonds-Public Buildings (2) ......... 394,934.00 (1) Appropriated from Bond Funds (A08180191701) ........................... $11,095.00 (2) Public Buildings (A08310172602) ........... (11,095.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk l. iayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25837. AN ORDINANCE authorizing the City Manager to enter into two purchase orders with Architec- tural Design Group to design certain lighting and banner anchoring systems for the Market Square as part of the City's Century Projects; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager shall be authorized to enter into two purchase orders with Architec- tural Design Group of Roanoke, Virginia, for the said firm to design certain lighting and banner anchoring systems in Market Square as a part of the implementation of the City's Century Projects, such services being more particularly set forth in a report of the City Manager dated November 23, 1981. 2. The said purchase orders shall provide for compensation to Architectural Design Group in the amount of $7,400.00 for the design work for the Market Square lighting, and the sum of $3,695.00 for the design of a banner anchoring system. 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 i 2 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25838. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Recreation ................................................. $1,087,155.50 Church Avenue Park (1 & 2) .............................. 14,300.00 Capital Improvement Reserve ................................ 5,333,226.82 Parks ................................................... -0- (1) Appropriated from Bond Funds (A08170190301) ............................. $ 6,945.00 (2) Appropriated from General Revenues (A08170190303) ............................. 6,355.00 (3) Public Improvement Bonds - Parks (A08310172603) ............................. (6,945.00) (4) Fund Balance Unappropriated (X08937210) ................................ (6,355.00) 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 23rd day of November, 1981. No. 25839. AN ORDINANCE authorizing the City Manager to enter into a contract with Architectural Design Group to provide architectural services for the Church Avenue Park, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk shall be authorized to execute and attest, respective- ly, an agreement with Architectural Design Group for the provision by such firm of architectural services for the design of the Church Avenue Park, such services being more particularly set forth in the proposal submitted to the City by said firm. 2. The contract authorized by this ordinance shall be in the amount of $10,600.00, plus $2,700.00 for additional services and reimburseable expenses. 3. The form of the Contract with Architectural Design Group 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 23rd day of November, 1981. No. 25840. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with J. M. Turner and Company, Inc., for construction of the Market Square Parking Garage; 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. i to the City's contract with J. M. Turner and Company, Inc., of Salem, Virginia, such contract being authorized by Ordinance No. 25811, adopted October 26, 1981. 2. Change Order No. 1 shall provide for a time extension of six (6) consecutive calendar months for Phase II thereby providing for a total of eighteen (18) consecutive calendar months for Phase II. There shall be no change in contract amount as a result of this Change Order. 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 pas- sage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. Mo. 258A1. AN ORDINANCE to amend and reordain subsection (b) of Section 20-32, Plate, tag or decal - issuance; contents and color of decals, of the Code of the City of Roanoke (1979), as amended, to provide for the design of the City decal to be selected by Council; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of Section 20-32, Plate tag or decal - issuance; contents and color of decals, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 20-32. Plate, tag or decal - issuance; contents and color of decals. (b) Licenses of the decal type shall be issued only for trucks, tractor trucks, auto wagons and motor vehicles, including motorcycles, designed to carry passengers, excluding taxicabs and for-hire automobiles, as those terms are defined in section 34-58 of this Code. The decals shall measure three (3) inches square. On the decal will be printed "City of Roanoke, Va." and the design on the decal shall be as selected by Council, from time to time. The colors of the decal may include light blue, dark blue, white and green, and the Commissioner of Revenue may alternate colors from year to year for ease of identification. 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 23rd day of November, 1981. No. 25842. AN ORDINANCE providing for the purchase of certain police uniforms; accepting a certain bid made to the City for furnishing and delivering such uniforms; rejecting another bid; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Kay Uniform Company to furnish and deliver to the City certain police uniforms pursuant to the City's specifications and requirements made therefor, for the total bid price of $16,199.21 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 cost of said uniforms, when delivered, shall be paid for out of funds appropriated for the purpose, and upon acceptance of the same, the Director of Finance is hereby authorized and directed to make requisite payment to the said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out. 4. The other bid received for the supply of the aforesaid uniforms be, and said bid is hereby REJECTED; and the City Clerk is directed to so notify said other bidder and to express the City's appreciation for said 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 pas- sage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25843. A RESOLUTION prescribing the amount of the bond of the Treasurer of the City of Roanoke and approving the surety therefor. WHEREAS, Gordon E. Peters has been elected Treasurer of the City of Roanoke for a term commencing on January 1, 1982, and ending on December 31, 1985, and has requested the Council to fix the amount of his official bond and to approve the surety offered thereon. WHEREAS, the Travelers Indemnity Company, 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 Section 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, 1982, and ending on December 31, 1985, the said City Treasurer-elect, Gordon E. Peters, shall properly make, execute and lodge with the City Clerk, a bond approved as to form and execution by the City Attorney, payable to the City of Roanoke and executed by the said Gordon E. Peters and by the surety hereinafter approved, in the sum of $200,000.00, 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 the ordinances of the Council. 2. Council hereby approves the Travelers Indemnity Company, a corporate bonding company, of Hartford, Connecticut, and authorized to transact business as a surety in the Commonwealth of Virginia, as the surety of the aforesaid bond. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25845. A RESOLUTION accepting the possession and control of the Jefferson High School parking lots from the School Board of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that this Council, having received notification by the School Board of the City of Roanoke that the Jefferson High School parking lots will no longer be utilized by the Board for public school purposes and having been requested by the Board to assume control over this real estate, does hereby ACCEPT, from the School Board of the City of Roanoke, the possession and control of those certain premises known as the Jefferson High School parking lots lying on the south side of Luck Avenue, S.W., Roanoke, Virginia, bearing Official Tax Nos. 1113508 and 1113509. It is this Council's intent that these parking lots will be used in conjunction with the City's proposed community center for senior citizens, to be located in the former Jefferson High School building. The School Board shall retain the non-exclusive privilege to use these parking lots pursuant to the Joint-Use Policy, set forth in Resolution No. 13236 adopted by this Council on November 11, 1957, as this policy may be from time to time amended, for School Board activities at the former Jefferson High School gymnasium. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25846. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Public Buildings ................................ $5,791,300.02 Raleigh Court Branch Library (1) .................... 163,917.00 Capital Improvement Reserve ........................... 5,198,921.82 Public Improvement Bonds - Public Buildings (2) ..... 406,029.00 (1) Appropriated from Bond Funds (A08180191501) (2) Public Buildings (A08310172602) $141,250.00 (141,250.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25847. AN ORDINANCE providing for the implementation of Century Project 13-05, consisting of certain alterations and additions to the Raleigh Court Branch Library, upon certain terms and con- ditions, by accepting the lowest bid made to the City; authorizing execution of the requisite contract; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Thor, Inc., of Roanoke, Virginia, for furnishing within 200 consecutive calendar days all necessary equipment, labor and materials required for construction of Century Project 13-05, consisting of certain improvements and additions to the Raleigh Court Branch Library, as described in reports of the City Manager and Bid Committee dated November 23, 1981, being the lowest and best bid made in full accordance with the City's plans and specification prepared by Bowling and Martin Associates, Architects, Engineers and Planners, and including Alternates 1 and 2 to the base bid, for the total sum of $134,524, is hereby ACCEPTED. A contingency for the project in the amount of $6,726 shall be established. These sums shall derive from funds heretofore or simultaneously appropriated for this purpose. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with Thor, Inc., such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. The other bids made to the City for the performance of this work are hereby REJECTED. The City Clerk shall so notify the other bidders and express to each the City's appreciation of 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25848. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Projects Fund 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 1981-82 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sanitation Projects .................................... $2,874,403.36 Hanover Avenue Storm Drain(l) ........................ 97,707.12 Public Improvements Bond Series 1980A .................. 1,826,582.88 Storm Drains (2) ..................................... 1,272,358.88 1) Appropriated from Bond Funds (A08220192901) ......................... $97,707.12 2) Storm Drains (A08310172601) ............. (97,707.12) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25849. AN ORDINANCE providing for the construction of the Hanover Avenue Storm Drain Project, located in the City, upon certain terms and conditions, by accepting the lowest bid made to the City; authorizing execution of the requisite contract; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of S. C. Rossi & Company, Inc., for furnishing all necessary equipment, labor and materials for construction of the Hanover Avenue Storm Drain Project, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $185,190.00, based upon unit prices, is hereby ACCEPTED. A contingency for the project in the amount of $9,250.00 shall be established. These sums shall derive from funds heretofore or simultan- eously appropriated for this purpose. 2. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. The other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and express to each the City's appreciation of 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of November, 1981. No. 25851. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) .................... $5,888,634.74 Cooperative Service Project (A354516) (1-5) ........... 29,050.00 REVENUE Roanoke City School Grants (R354000) .................... 5,888,634.74 Cooperative Service Project (R354516) (6) ............. 29,050.00 (1) Teacher In-service (A35451610048) $ 750.00 (2) Consultant (A35451620008) 300.00 (3) Tuition (A35451620009) 23,625.00 (4) Student Transportation (A35451620010)--- 1,000.00 (5) Supplies (A35451630005) 3,375.00 (6) State Grant Receipts (R35451625) 29,050.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1981. No. 25844. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 32-140, Exemptio.n of certain energy sources, to exempt from the City's sales tax certain energy sources used for domestic consumption; directing that a copy of this ordinance shall be forwarded to the Virginia Department of Taxation; and providing an effective date for this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new section: Section 32-140. Exemptionof certain ener~ysources. The tax imposed by this article shall not apply to artificial or propane gas, firewood, coal or home heating oil used for domestic consumption as defined in Section 58-441.6(gl) of the Code of Virginia (1950), as amended. 2. The City Clerk is directed to forward an attested copy of this ordinance to the Virginia Department of Taxation. 3. This ordinance shall be effective on and after January 1, 1982. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1981. No. 25850. AN ORDINANCE permitting until December 31, 1982, the encroachment of a canopy to be erected on a building at 408 South Jefferson Street, over the public sidewalk in front of such building, to a line not greater than two feet from the adjacent curb line, 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 lessee, the Roanoke Centennial Committee, its assigns or successors in interest, of the property at 408 South Jefferson Street, which will be used for the Roanoke Centennial Information Center, to construct and maintain until December 31, 1982, a certain canopy extending from the building on the said property over and across the sidewalk area adjacent to said building and to a line not nearer than two feet from the adjacent curb line of South Jefferson Street, said canopy to be constructed and maintained in conformance with the provisior of Chapter 27, Code of the City of Roanoke (1979), as amended, and to be in accordance with the plans for such canopy filed with the lessee's application to the City, dated September 30, 1981. 2. The Council reserves the right to cause the aforesaid encroachment to be discontinued at any time for good cause and at the expense of the Roanoke Centennial Committee. 3. The Roanoke Centennial Committee shall provide the City Clerk with a certificate of insurance, naming the City of Roanoke as an additional insured, providing liability insurance in the amount of at least $50,000 for injury to or death of one person, at least $100,000 for injury or death of two or more persons, and at least $10,000 property damage. The said certificate shall contain a provision that coverage will not be cancelled or materially altered except after thirty (30) day's written notice to the City. 4. The Roanoke Centennial Committee agrees that it, its officers, agents, assigns, or successors in interest shall indemnify and hold harmless the City of Roanoke from any and all claims, legal actions and judgments advanced against the City and for any expenses the City may incur in this regard, arising out of the encroachment permitted hereby over a public sidewalk. 5. The City Clerk shall transmit an attested copy of this ordinance to the Roanoke Centennial Committee. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed and attested by the duly authorized officers of the Roanoke Centennial Committee, has been filed with the City Clerk, and the proper permit has been obtained from the Building Commissioner. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1981. No. 25852. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, fo'r the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City Schools (A354000) .................................... $5,889,332.74 CETA Title II-B Geriatric Nursing 1981-82 (1) .................. 180.00 CETA Title II-B LPN 1980-81 (2) ................................ 2,362.50 CETA Title II-B LPN 1981-82 (3) ................................ 562.50 REVENUE Roanoke City Schools (R354000) .................................... 5,889,332.74 CETA Title II-B Geriatric Nursing 1981-82 (4) .................. 180.00 CETA Title II-B LPN 1980-81 (5) ................................ 2,362.50 CETA Title II-B LPN 1981-82 (6) ................................ 562.50 (1) Tuition Fees (A35440620012) (2) Tuition Fees (A35440420012) (3) Tuition Fees (A35440520012) (4) Federal Grant Receipts (R35440621) (5) Federal Grant Receipts (R35440421) (6) Federal Grant Receipts (R35440521) $ 180.00 2,362.50 562.50 180.00 2,362.50 562.50 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1981. No. 25853. AN ORDINANCE granting official Council approval to the plans for the War Memorial to be constructed at the east end of Lee Plaza; authorizing the City Manager to enter a contract with Hayes, Seay, Mattern and Mattern to provide architectural services for the War Memorial; providing that the City shall enter into a construction contract for the War Memorial Project; agreeing that a member of the War Memorial Committee shall be appointed to the Bid Committee for review of con- struction bids; directing the City Manager to commence the necessary proceedings to close any portions of Church Avenue, S. W., or Lee Plaza necessary to accommodate the construction of the War Memorial; and providing for an emergency. WHEREAS, the Roanoke War Memorial Committee is soliciting funds for a war memorial to be constructed on City property at the east end of Lee Plaza and the goal is to have this project completed by Memorial Day, May 31, 1982; WHEREAS, the City has previously agreed to make a $100,000.00 contribution toward the War Memorial, such contribution being conditioned upon its being matched by donations solicited by the War Memorial Committee from other sources; and the City has advanced $20,000.00 to such Committee for design and overhead expenses; WHEREAS, the Project will require two contracts, an architectural services contract and a construction contract, and the City is in a much better position than the citizen Committee to administer these contracts and account for the funds; WHEREAS, the War Memorial improvements will be made to public property and such improvements will be held in the ownership of the City of Roanoke; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council grants its official approval to the plans for the War Memorial, and approves its location at the east end of Lee Plaza with the understanding that all improvements to public property will be in ownership of the City of Roanoke; 2. The City Manager and the City Clerk shall be authorized to execute and attest, respectively, an agreement with Hayes, Seay, Mattern and Mattern, Architects, Engineers and Planners, of Roanoke, Virginia, for architectural services relating to the War Memorial, such contract to be in form approved by the City Attorney. 3. The maximum compensation to Hayes, Seay, Mattern and Mattern under the above-described architectural services contract shall not exceed $20,000.00 without approval of this Council. 4. It is agreed that, at the appropriate time, the City shall enter into a construction contract in a reasonable amount considering funds available at the time for construction of the project. 5. A member of the War Memorial Committee shall be appointed by the Mayor to the Bid Committee appointed for the purpose of tabulation and review of the bids received for construction of the War Memorial. 6. The City Manager is directed to commence anynecessary proceedings to close any portions of Church Avenue, S. W., or Lee Plaza which may be necessary to accommodate the construction and completed design features of the War ~moriai. 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1981. No. 25854. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriatio Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Internal Services ................................. $10,712,049.16 City Information Services (1) ................... 846,814.00 Non-Departmental .................................. 14,665,342.09 Contingency Reserve (2) ......................... 434,470.00 (1) Equipment Rental (A06160140005) ..... $19,425.00 (2) Contingency Reserve (A01941037006)--(19,425.00) 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 December, 1981. No. 25855. AN ORDINANCE authorizing a certain lease agreement to be entered into with IBM Corporation to provide three additional megabytes of memory for the City's computer operation; 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 a written lease agreement with IBM Corporation providing for such firm's furnishing to the City three additional megabytes of memory, by leasing IBM 4331-2, for an additional monthly cost of $3,785.00, plus an additional monthly maintenance cost of $100.00. 2. The form of the above-described lease agreement shall be upon 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1981. No. 25856. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Fifth District Consortium Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Fifth District Consortium Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fifth District Consortium 10/1/81 to 9/30/82 (A348200) ............................................. $2,174,623.00 Title IIB (51-2-204-05) (1) ............................ 1,404,824.00 Title IV YETP (51-2-204-48) (2) ........................ 252,171.00 Title VII (51-2-204-27) (3) ............................ 229,457.00 Admin. Pool (51-2-204-05) (4) .......................... 252,358.00 Fifth District Consortium 10/1/80 to 9/30/81 (A348100) ............................................. 4,647,850.85 Admin. Pool (51-1-204-05) (5) ............. ............. 819,867.33 YCCIP (51-1-204-38) (6) ................................ 88,094.95 REVENUE Fifth District Consortium 10/1/81 to 9/30/82 (R348200) ............................................. 2,195,409.00 Title IIB (51-2-204-05) (7) ............................ 1,404,824.00 Title IV YETP (51-2-204-48) (8) ............................ $ Title VII (51-2-204-27) (9) ................................ Admin. Pool (51-2-204-05) (10) ............................. 252,171.00 229,457.00 252,358.00 Fifth District Consortium 10/1/80 to 9/30/81 (R348100) ................................................. 4,627,064.85 Admin. Pool (51-1-204-05) (11) ............................. 819,867.33 YCCIP (51-1-204-38) (12) ................................... 88,094.95 (1) Unobligated IIB (A34826199999) (2) Unobligated YETP (A34826399999) (3) Unobligated Title VII (A34826799999) ..... (4) Unobligated Admin. Pool (A34826099999)--- (5) Unobligated Admin. Pool (A34816099999)--- (6) Unobligated YCCIP (A34816499999) (7) Title IIB (51-2-204-10) (R34820161) ...... (8) YETP (51-2-204-48) (R34820163) (9) Title VII (51-2-204-27) (R34820167) ...... (10) Admin. Pool (51-2-204-05) (R34820160) .... (11) Admin. Pool (51-1-204-05) (R34810101) .... (12) YCCIP (51-1-204-38) (R34810164) $1,179,048.00 200,000.00 171,734.00 (45,OOO.OO) 45,000.00 12,216.00 1,179,048.00 200,000.00 171,734.00 (45,000.00) 45,000.00 12,216.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of December, 1981. No. 25857. AN ORDINANCE accepting a certain proposal and awarding a contract for the construction of the Vinton Pumping Station, upon certain terms and conditions; authorizing the proper City officials to execute the requisite construction and grant contracts; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Conditioned upon the concurrence and approval of the Environmental Protection Agency to the amendment of existing EPA grant contract C-510 442 with the City to provide for EPA's funding of at least 75% of eligible costs for the following project, and subject to the contractor's meeting the applicable criteria and requirements of the above grant agreement, the bid and proposal made by Boxley Construction Company for the construction of the Vinton Pumping Station, in full accordance with the City's plans and specifications made therefor, for the sum of $464,700.00, is hereby ACCEPTE] 2. Upon receipt of such EPA concurrence and approval, the City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorpor- ated therein the City's plans and specifications made for such work, the terms of the proposal made to the City and to be in such form as approved by the City Attorney. The contract amount of $464,700 shall be paid from funds to be appropriated for this purpose and, upon receipt of said EPA concurrenc~ and approval, there shall be established a contingency fund for this project of $56,205.00, or of such other reasonable amount as may be approved by EPA. 3. The City Manager, H. B. Ewert, or the Assistant City Manager, W. Robert Herbert, is hereby authorized, for and on behalf of the City, to accept, execute and file the requisite contract and associated instruments, amending the aforesaid EPA grant, provided the grant contract provides for the use of the remaining grant funds to finance a minimum of 75% of the eligible costs for this project. All local project costs shall be reimbursed to the City by the Town of Vinton under a written contract dated October 3, 1978. 4. The other bids for this work are hereby REJECTED. The City Clerk shall so'notify the other bidders and express the City's appreciation for the submission of their bids. 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 00 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of December, 1981. No. 25858. A RESOLUTION requesting the 1982 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on December 14, 1981, at 7:30 o'clock P.M., in the Council Chamber in the Municipal Building, after due and proper publication of the notice of public hearing pursuant to Section 15.1-835, Code of Virginia (1950), as amended, which notice contained, inter alia, an informative summary of each of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to such proposed amendments was held before the City Council at which all citizens so desiring were afforded opportunil 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 each proposed amendment to such Charter,~ the Council is of opinion that the 1982 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 that the General Assembly of Virginia be and is hereby requested at its 1982 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: Section 51. Lien for taxes, et cetera. There shall be a prior lien on all real estate and on each and every interest therein for the city taxes as assessed thereon, from the commencement of the year for which they were assessed, and also for all local assessments which may be made thereon according to law. There shall also be a lien on any land or premises for the amount of expense incurred by said city in abating any nuisance thereon or cutting or removing weeds therefrom, after notice to the owner thereof by publication or otherwise as may be provided by ordinance; provided, however, that the lien for the amount of any such local assessment or for the expense of abating any nuisance or cutting or reproving weeds from any premises shall not be good against a purchaser of land or premises for value without notice except and until from the time that the same shall be recorded in records or books kept for that purpose in the office of the city clerk and recorded and indexed in the office of the clerk of the h~g~ circuit court in the name of the person or persons owning such estate or land at the time the said lien accrued. The council may require such real estate in the city delinquent for the non-payment of taxes, or assessments or expenses incurred as above provided, to be sold for said taxes or assessments or expenses, with interest thereon at the ~e ~ ~ pe~ee~m pet ~mw maximum rate authorized by general law of the State, and such percentage as may be prescribed for charges; and the council may regulate the terms on which the real estate so delinquent may be sold or redeemed. BE IT FURTHER RESOLVED that the City Clerk do forthwith as provided in Section 15.1-834, Code of Virginia (1950), as amended, transmit to the members of the General Assembly of Virginia representing the City of Roanoke at the 1982 Session of said General Assembly two copies of this resolution setting forth the requested amendments to the Roanoke Charter of 1952 to be put into the form of a bill to be introduced at the 1982 Session of the General Assembly. APPROVED ATTEST: City Clerk Mayor Y IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of December, 1981. No. 25861. A RESOLUTION authorizing the City Manager to execute an Urban Preservation and Infill Program Commitment Agreement with the Virginia Housing Development Authority, and establishing a plan for the allocation of funds reserved for use in the City by the Authority. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute a certain Urban Preservation and Infill Program Commitment Agreement with the Virginia Housing Development Authority (VHDA), a copy of which is attached to a report to Council on the subject from the City Manager dated December 14, 1981. 2. The City Manager is hereby authorized to submit to VHDA in such form as may be requested, the City's plan for allocating the funds reserved by the VHDA for use in the Urban Preservation and Infill Program in the City, as described by the City Manager in a report to Council dated December 14, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of December, 1981. No. 25862. A RESOLUTION requesting the state Board of Corrections to revise the outdated salary ranges permitted for certain City personnel whose salaries are partially funded by the Common- wealth, and urging the General Assembly of Virginia to appropriate the funds necessary to implemen! the revised salary ranges. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The State Board of Corrections is requested to take action at its meeting on Januar] 12, 1982, to approve 1981-1982 salary ranges established by the City for personnel employed at the City's Juvenile Detention Home, the Juvenile Probation House, the Crisis Intervention Center, and in the City's Outreach Detention program, as set out and described in a report from the City Manager to the Council dated December 14, 1981. 2. The State Board of Corrections is requested to take action at its meeting on January 12, 1982, to provide for reasonable cost-of-living increases for the employees identified above effective July 1, 1982, and yearly thereafter until adequate pay scales are established by the Board. 3. The General Assembly of Virginia is urged to appropriate adequate funds to r~imburse fairly the City and similar jurisdictions who are entitled to reimbursement in the amount of two- thirds of the cost of salaries for operation of juvenile correctional programs pursuant to Section 16.1-313, Code of Virginia (1950), as amended. 4. The State Board of Corrections is requested to permit representatives from the City to address the issues set out in the City Manager's report during the Board's meeting on January 12, 1982. 5. The City Clerk is directed to transmit attested copies of this resolution and the City Manager's report of December 14, 1981, to the State Board of Corrections, the Director of the Department of Corrections, the Department's Regional Manager for Local Facilities, the members of the General Assembly of Virginia who represent the City of Roanoke, and to any local jurisdictions identified by the City's Director of Human Resources as having an interest in this matter. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of December, 1981. No. 25864. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriation Ordinance, and providfng for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Non-Departmental General Fund Contingency (1) .............................. Miscellaneous (2) ......................................... $14,831,090.94 491,874.93 188,251.92 REVENUE Miscellaneous Revenue 1,280,779.85 FICA Reimbursements (3) ................................... 150,823.85 (1) General Fund Contingency (A01941032006)---$105,411.93 (2) MICA - FICA Recovery (A01914099921) 45,411.92 (3) FICA Reimbursements (R01091040) 150,823.85 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 December, 1981. No. 25865. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations: Education $34,383,740.91 Capital Outlay (1-9) .................................... 843,274.00 Transfers to Other Funds Transfers to Capital Projects Fund (10) ................. Transfers to Airport Fund (11) .......................... Transfers to Civic Center Fund (12) ..................... 9,011,739.00 (303,034.00) 968,688.00 593,424.00 Community Development Economic Development and Grants (13) .................... 944,575.11 92,052.00 CAPITAL PROJECTS FUND Appropriations: Sanitation Projects Landfill Baler (14) ..................................... 3,114,~69.36 240,4~6.00 (1) School Buses (A01611290101) $100,000.00 (2) Other Motor Vehicles (A01611290103) 29,700.00 (3) Furniture & Equipment Operational (A01611290105). 8,170.00 (4) Furniture & Equipment Offices (A01611290107)--- 11,000.00 (5) Furniture & Equipment Schools (A01611290109)--- 244,173.00 (6) Improvement of Sites (A01611290113) (7) Alteration of Old Buildings (A01611290115) ...... (8) New Buildings (A01611290114) (9) Other Capital Outlay (A01611290119) (10) Transfer to Capital Projects Fund (A01931037008) (11) Transfer to Airport Fund (A01931037004) (12) Transfer to Civic Center Fund (A01931037005) (13) Fees for Professional Services (A01812020010)-- (14) Appropriated from General Revenues (A08220193003) 9,100.00 37,060.00 65,000.00 339,071.00 240,466.00 371,983.00 260,000.00 30,000.00 240,466.00 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 l4th day of December, 1981. No. 25866. A RESOLUTION approving the plan that the Roanoke Valley Regional Solid Waste Management Board design and construct a baler facility at the Roanoke Valley Regional Landfill and recommending this plan to other participating local governments. WHEREAS, the City of Roanoke, County of Roanoke and Town of Vinton, under a body called the Roanoke Valley Regional Solid Waste Management Board (Board) participate in the financing and operation of the Roanoke Valley Regional Landfill, under agreement dated July 29, 1975; WHEREAS, under the present regulatory environment, the landfill will enjoy a life of approximately only three more years; WHEREAS, the Board in February 1981, commissioned a study of solid waste alternatives in order to address a possible landfill capacity shortage; WHEREAS, the study recommended the installation of a baler facility to compact refuse into bales, to be constructed on the landfill site, the operation of the "balefill" thereon and initial vertical expansion of the landfill with the potential for some site expansion; WHEREAS, this alternative is expected to prolong the life of the landfill by ten and one- half years and represents the most economical and expedient means of maximizing landfill capacity for the participating local governments; WHEREAS, the design, bidding and construction of the baler facility is estimated to cost the Board $1,000,000, with financing to be obtained through contributions of participating local governments; WHEREAS, the agreement dated July 29, 1975, contemplates that the participating local governments will share on a pro-rata basis capital and other costs necessary properly to operate and maintain the landfill; WHEREAS, the City's share is sixty-four percent of these costs, making the City's financial contribution to the Board for the baler facility $640,000.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council endorses the plan for the Board to design and construct a baler facility at the Roanoke Valley Regional Landfill and requests that the Board forthwith proceed to select an engineering firm and accomplish the design, bidding and construction of such a facility. 2. This Council agrees that the City shall contribute to the Board up to $640,000.00, its pro-rata share toward this project, which amount will be payable to the Board on a month-to- month basis on demand. This sum shall not be exceeded without further authorization of this Council. 3. This Council calls upon the governing bodies of the County of Roanoke and the Town of Vinton similarly to endorse the above plan and to comit to the Board their respective shares of the costs thereof. 4. Final plans for the use of the landfill site after completion of the refuse disposal operation will be subject to the prior approval of this Council, in accordance with the provisions of the agreement dated July 29, 1975. 5. The City Clerk is directed to transmit an attested copy of this resolution to the Clerks of the Roanoke County Board of Supervisors and Vinton Town Council and to the State Health Commissioner. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of December, 1981. No. 25867. A RESOLUTION establishing Thursday, December 24, 1981, as a half day holiday for certain employees for this calendar year only. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Thursday, December 24, 1981, shall be observed as a half day holiday commencing at 12:00 noon for certain City employees as provided herein. 2. The City Manager and Council-appointed officers of the City be, and are hereby authorize to permit such of the City's personnel who are not then engaged in performing necessary and essential services for the City to be excused from work at noon on Thursday, December 24, 1981, and to permit those employees who are required to work after noon on such day to receive equivalent time off, provided, however, that there shall, be no disruption or cessation of the performance of any essential or necessary public services required to be rendered or performed by the City. 3. This resolution shall not be applicable to members of the Fire Department assigned to the three platoon shift. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1981. No. 25859. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have two contiguous tracts of land located in the City of Roanoke, Virginia, on the south side of Peters Creek Road near Interstate Route 581, one containing 2.299 acres and designated on the Roanoke City Appraisal Map as Official Tax No. 6490814 and the other containing 8.161 acres and designated as Official Tax No. 6490807, rezoned from RS-l, Single Family Residential District, to C-l, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-i, Single Family Residential District, to C-l, Office and Institutional District, the said rezoning to be subject to the conditions proffered by the applicant in his Second Amended Petition for Rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 14th day of December, 1981, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of the opinion that the herein- after described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 649 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Two tracts of land located on the south side of Peters Creek Road near Interstate Route 581, containing 2.299 and 8.161 acres respectively, and designated on Sheet 649 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6490814 and 6490807, be, and they hereby are, changed from RS-i, Single Family Residential District, to C-i, Office and Institutional District, subject to the conditions proffered by and set forth in the applicant's Second Amended Petition for Rezoning, and that Sheet No. 649 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1981. No. 25860. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 140, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have a 16.478 acre tract of land bounded on the west by Ogden Road and Winding Way Road, on the east by the Norfolk and Western right of way, and on the north by the Jefferson Park Subdivision and designated on Roanoke City Appraisal Map as Official Tax No. 1400301; rezoned from RS-l, Single Family Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-l, Single Family Residential District, to RG-1, General Residential District; the said rezoning to be subject to the conditions proffered by the applicants in their third amended petition for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 14th day of December, 1981, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 140 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the easterly side of Ogden Road described as a 16.478 acre tract of land bounded on the west by Ogden Road and Winding Way Road, on the east by the Norfolk and Western right of way, and on the north by the Jefferson Park Subdivision; designated on Sheet 140 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1400301, be, and is hereby, changed from RS-l, Single Family Residential District to RG-1, General Residential District, subject to the conditions proffered by and set forth in the applicant's third amended petition for rezoning, and that Sheet No. 140 of the aforesaid map be changed in this respect. APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1981. No. 25863. AN ORDINANCE granting a certificate of public convenience and necessity to Lewis Willis Hopkins t/a R.I.D.E. for the operation of van service vehicles. WHEREAS, pursuant to the provisions of Division II, Certificate of Public Convenience and Necessity of Chapter 34, Vehicles for-hire, of the Code of the City of Roanoke (1979), as amended, Lewis Willis Hopkins, t/a R.I.D.E., has made application for a certificate of public convenience and necessity to operate one or more van service vehicles within the City and has supplied the City Clerk with an application containing the requisite information pursuant to the provisions of such chapter; and WHEREAS, upon the basis of such application and upon showing made at a public hearing held thereon the 19th day of August, 1981, after proper notice of such hearing having been duly given, and upon investigation by the City Manager, Council is of the opinion that such application should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a certificate of public convenience and necessity be and is hereby granted to Lewis Willis Hopkins t/a R.I.D.E. authorizing the aforesaid applicant to operate one or more van service vehicles, such operation to be in full compliance with and subject to the limitations of Chapter 34 of the Code of the City of Roanoke (1979), as amended, relating to the operation of van service vehicles and to all other applicable laws and ordinances of the state and this city. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1981. No. 25868. AN ORDINANCE amending and reordaining Section 34-58, Definitions, to provide for a defini- tion of van service vehicle; Section 34-61, Compliance with article as prerequisite to use of certain advertising, trade names, etc., to regulate use of the term "van service vehicle;" Section 34-73, Violations of sections 34-67 through 34-72 or 34-80, to provide that violation of the require- ments for operation of a van service vehicle shall be a misdemeanor; Section 34-74, Refusal of passengers, and Section 34-75, Carrying additional passengers, to exempt van service vehicles; adding new Section 34-80, Operation of van service vehicle, to provide for regulation of such vehicles; repealing Section 34-112, Applicant must be owner of vehicle or employee of such owner, to delete the requirement that all public vehicles must be owned by the applicant for a public vehicle license or an employee of such owner; and amending and reordaining Section 34-130, Rate schedule, by adding new subsection (h) to provide that a schedule of rates for van service be filed with the City Manager and subject to review by City Council; Section 19-50, Taxicabs, van service vehicles and other for-hire passenger motor vehicles, to provide for the payment of a monthly license tax by operators of van service vehicles; and Section 20-32, Plate, tag or decal - issuance; contents and color of decals, to provide that van service vehicles shall not be eligible for licenses of the decal type, all such sections being contained in the Code of the City of Roanoke (1979), as amended. BE IT ORDAINED by the Council of the City of Roanoke as follows: follows: The Code of the City of Roanoke (1979), as amended, is amended and reordained as Sec. 34-58. Definitions. The following definitions are hereby adopted and declared for the construction of this article: For-hire automobile. The term "for-hire automobile" shall mean and include any motor-driven vehicle used for the transportation for hire of passengers, except buses operating on fixed routes, specially chartered buses, sight-seeing buses, van service vehicles and taxicabs. Owner. The word "owner" shall include the purchaser of any vehicle under a reserve title contract. Public vehicle. The term "public vehicle" shall mean and include any taxicab, van service vehicle, or for-hire automobile, as herein defined. Taxicab..The term "taxicab" shall mean and include any motor-driven vehicle for the transportation for hire of passengers, which vehicle is equipped with a taximeter. Taximeter. The term "taximeter" shall mean and include any mechanical instrument or device by which the charge for hire of a taxicab is mechani- cally calculated and on which such charge is plainly indicated. Van service vehicle. The term "van service vehicle" shall mean a motor- driven vehicle hauling sixteen or fewer passengers and providing pre-scheduled service on a publicly filed vehicle route. Sec. 34-61. Compliance with article as prerequisite to use of certain advertisin~.,trade~names,'etc~ No person shall use the term "taxi," "taxicab," "for-hire automobile," "van service vehicle" or "for-hire car" in any advertising, or hold himself out as a taxicab, van service vehicle or for-hire automobile operator, or represent himself to be such by means of advertisements, signs, trade names or otherwise, or collect money or its equivalent for carrying passengers from place to place, unless he has complied with the conditions, regulations and restrictions prescribed by. this article. The distinction made by this article between taxicabs, van service vehicles and for-hire automobiles shall be maintained in such advertisements, signs, trade names and other devices. Sec. 34-73. Violations of sections 34-67 throush 34-72 or 34-80. Any violation of sections 34-67 through 34-72 or 34-80 shall constitute a Class 4 misdemeanor and both the owner and the driver of the public vehicle involved shall be responsible for such violation. Sec. 34-74. Refusal of passengers. The driver of a public vehicle except a van service vehicle shall not refuse to carry any orderly person anywhere in the city, unless previously engaged to do so and except as provided in section 34-133. Sec. 34-75. Carrying additional passengers. Except in the case of a van service vehicle, no other person shall be carried in a public vehicle except with the consent of the passenger who first engages the vehicle. Sec. 34-80. Operation of van service vehicle. Van service vehicles shall be operated on a pre-scheduled basis. The route for each such vehicle shall be filed in advance with the City Manager and shall be subject to no more frequent changes than once every seven days. Such service shall be provided pursuant to a written agree- ment between the vendor of such service and the recipient of such service. The agreement shall be entered into prior to the calendar week the service is to be commenced and shall state the origin and destination, number of trips and weekly rate for the service and shall require at least four (4) one-way trips or two (2) round trips per week. 2. Section 34-112, Applicant must be owner of vehicle or employee of such owner, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 3. Section 34-130, Rate schedule, is hereby amended and reordained by the addition of a new subsection to be numbered (h), as follows: Sec. 34-130. Rate schedule. (h) A schedule of rates of those providing van service shall be filed with the City Manager. These rates shall be subject to review by City Council, from time to time at its discretion. follows: The Code of the City of Roanoke (1979), as amended, is amended and reordained as Sec. 19-50. Taxicabs, van service vehicles and other for-hire p.assen~er motorvehicles. Every operator of taxicabs, van service vehicles or for-hire passenger motor vehicles, any part of whose business originates within the corporate limits of the city, shall pay, in addition to other fees and taxes imposed upon motor vehicles, a monthly license tax computed according to the rates set out in this article. The tax shall be payable monthly on or before the tenth day of each month on the gross receipts derived from such business during the preceding month. If any tax is not paid, the amount due shall be subject to a penalty of ten percent of the amount due, in addition to the regular license tax. The penalty shall be assessed and paid along with the license tax and shall become a part of the license tax. ATTEST: Sec. 20-32. Plate, tag or decal - issuance; contents and color of decals. (b) Licenses of the decal type shall be issued only for trucks, tractor trucks, auto wagons and motor vehicles, including motorcycles, designed to carry passengers, excluding taxicabs, van service vehicles and for-hire automobiles, as those terms are defined in section 34-58 of this Code. The decals shall measure three (3) inches square. On the decal will be printed "City of Roanoke, Va." and the design on the decal shall be as selected by Council, from time to time. The colors of the decal may include light blue, dark blue, white and green, and the Commissioner of Revenue may alternate colors from year to year for ease of identification. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CIT~ OF ROANOKE, VIRGINIA, The 28th day of December, 1981. No. 25869. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund and General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GRANT PROGRAMS FUND APPROPRIATIONS Roanoke City School Grants (A354000) ............................. $ 5,975,868.74 ESSA Special Arts 1981-82 (1-5) ................................ 16,300.00 Title IV-B Library 1981-82 (6) ................................. 41,186.00 ESAA Title VI 1981-82 (7-14) ................................... 227,427.00 ESEA Title I Carryover 81-2 (15-19) ............................ 217,112.74 ESEA Title I Winter 80-81 (20-24) .............................. 787,713.99 REVENUE Roanoke City School Grants (A354000) ............................. 5,975,868.74 ESAA Special Arts 1981-82 (25) ................................. 16,300.00 Title IV-B Library 1981-82 (26) ................................ 41,186.00 ESEA Title I Carryover 81-82 (27) .............................. 217,112.74 ESEA Title I Winter 80-81 (28) ................................. 787,713.99 GENERAL FUND APPROPRIATIONS Education ........................................................ 33,540,466.91 Instruction (29, 30) ........................................... 16,853,866.00 Other Instructional Costs (31-36) .............................. 2,714,521.00 Maintenance of School Plant (37) ............................... 1,332,066.00 (1) Contracted Artists (A35430620010) (2) Special Events (A354306200102) (3) Busing for Special Events (A35430633005) (4) In-Service Art Workshops (A35430610040) (5) Supplies (A35430630005) (6) Library Materials (A35420830047) (7) Supervisor (A35430510030) (8) Administrative Supplies (A35430530005) (9) Counselor Supplies (A35430530070) (10) Administrative Travel (A35430533015) (11) Counselor Travel (A35430533016) (12) Counselors (A35430510032) (13) Fringe Benefits (A35430511070) (14) Human Relations Travel (A35430533017) $ 8,950.00 2,750.00 500.00 2,100.00 2,000.00 41,186.00 ( 613.00) ( 222.00) ( 200.00) ( 200.00) ( 500.00) 588.00 267.00 880.00 (15) Instructional Salaries (A35410310031) (16) Aide Salaries (A35410310032) (17) Clerical Aide Salaries (A35410310033) (18) Indirect Costs (A35410335040) (19) Administrative Salaries (A35410310030) (20) Administrative Salaries (A35410210030) (21) Teachers (A35410210033) (22) Clerical Aides (A35410210035) (23) Fixed Charges (A35410211070) (24) Indirect Costs (A35410235040) (25) Federal Grant Receipts (R35430621) (26) Federal Grant Receipts (R35420821) (27) Federal Grant Receipts (R35410321) (28) Federal Grant Receipts (R35410221) (29) Elementary Teachers (A01610210115) (30) Secondary Teachers (A01610210116) (31) Secondary Clerical (A01610310108) (32) Elementary Clerical (A01610310109) (33) Aides (A01610310118) (34) Elementary Textbooks (A01610330105) (35) Secondary Textbooks (A01610330106) (36) Alternative Education (A01610330202) (37) Maintenance Laborers (A01610810133) $(6,675.oo) (17,788.49) ( .51) ( 485.85) 4,793.99 9,588.66 4,664.50 2,137.50 3,279.35 485.85 16,300.00 41,186.00 (20,155.86) 20,155.86 51,000.00 51,000.00 (15,000.00) (15,000.00) (5,000.00) (8,270.00) (16,730.00) (12,500.00) (29,500.00) 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 26tit day of December, i98i. No. 25870. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Airport Fund Appropriati Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay .................................... $5,326,396.58 A.D.A.P. Project No. 651004510 (1) .............. 198,402.98 Retained Earnings - Unrestricted (2) ............ 2,676,797.29 1) Air Carrier Ramp Reconst. (A04511091901) 2) Unrestricted (X04937225) .$ 38,298.89 (38,298.89) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor n IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1981. No. 25871. AN ORDINANCE approving the City Manager's issuance of Change Order No. 15 to the City's contract with John A. Hall Company, Inc., for air carrier apron improvements at Roanoke Municipal Airport, Woodrum Field; establishing guidelines for funding certain aspects of this project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute'and issue, for and on behalf of the City, and the City Clerk is authorized to attest, upon such form approved by the City Attorney, Change Order No. 15 to the City's contract with John A. Hall and Company, Inc., dated October 8, 1979, as amended, such contract being authorized by Ordinance No. 24853, adopted September 17, 1979. Change Order No. 15 shall provide for the installation of cast iron pipe and connections in lieu of specified concrete pipe and joints for the terminal roof drain system, at an additional cost to the City of $3,850.24, to be paid from funds heretofore or simultane- ously appropriated for this purpose. 2. Since quantity overrun and approved change orders have exceeded the project budget by $17,448.65, the appropriate City officials are authorized to increase the project budget by that amount, to substantiate this increase from funds heretofore or simultaneously appropriated for this purpose and to expend these funds for project purposes. 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 28th day of December, 1981. No. 25872. AN ORDINANCE approving the City Manager's execution of a supplemental agreement with Hayes, Seay, Mattern and Mattern for the design of and project management with respect to the air carrier apron improvements at Roanoke Municipal Airport, Woodrum Field; and providing for an emergenc 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 and deliver, for and on behalf of the City, and the City Clerk is authorized to attest, upon such form approved by the City Attorney, a supplemental agreement with Hayes, Seay, Mattern and Mattern, amending the City's contract dated March 17, 1978 with that firm, for the design of and project administration with respect to the air carrier apron improvements at Roanoke Municipal Airport, Woodrum Field. The supplemental agreement shall provide for the City's payment to Hayes, Seay, Mattern and Mattern, from funds heretofore or simultaneously appropriated for this purpose, of an additional $17,000 for extra resident inspection and construction administration. 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 28th day of December, 1981. No. 25873. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Water Purification ....................................... $ 538,358.04 Contractual Services (1) ............................... 99,000.00 Retained Earnings - Unrestricted (2) ................... 13,590,744.62 1) Fees for Professional Services (A02213020010) 2) Unrestricted (X02937225) $64,000.00 (64,000.00) 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 28th day of December, 1981. No. 25874. AN ORDINANCE authorizing the extension of the plan to purchase on a temporary basis water from the City of Salem to augment the City of Roanoke's water supplies; and providing for an emergency WHEREAS, by Ordinance No. 25821, adopted November 2, 1981, this Council authorized the City Manager to purchase at cost on behalf of the City approximately two million gallons per day of treated water from the City of Salem at an estimated cost of $30,000 per month; WHEREAS, the program provided that, unless certain other contingencies occurred, it would continue until thirty days from the first purchase had elapsed and this Council had not authorized the extension of this program; WHEREAS, this Council would like to continue this program as set out in the above ordinance, as modified herein. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. This Council continues the program to purchase at cost approximately two million gallons of treated water per day from the City of Salem, at an estimated cost to the City of Roanoke of $31,330 per month, to be paid from funds heretofore or simultaneously appropriated for this purpose, as this program is set forth in Ordinance No. 25821, adopted November 2, 1981, with subpara- graph (c) of paragraph (3) of the latter ordinance being amended as follows: "Sixty days from the date hereof have elapsed and, after reviewing the water supply and the budgetary impact of these purchases, this Council has not authorized any extension of this program." 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 28th day of December, 1981. No. 25875. AN ORDINANCE providing for the purchase of one comminutor drum for use by the City's Sewage Treatment Plant, upon certain terms and conditions, by accepting a certain bid made to the City for furnishing such equipment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Kappe Associates, Rockville, Maryland, made to the City offering to furnish to the City, f.o.b, shipping point, one new Model 36-A Comminutor Drum at a price of $29,052.61, 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. In order to provide for the usual daily 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 28th day of December, 1981. No. 25877. A RESOLUTION relating to the 67% rate increase sought to be imposed upon the City by Appalachian Power Company. WHEREAS, utility rates for local governments have been determined by the Supreme Court of Virginia not to be subject to State Corporation Commission regulation, and local governments and utility corporations have heretofore always been able to reach agreement as to rates through good faith discussions and the traditional "give and take" of rate negotiations; WHEREAS, Appalachian Power Company (APCO) began rate negotiations with local governments by seeking a 74% electric increase including the cost of fuel, and more recently APCO has unilaterall~ dictated a 67% increase, including the cost of fuel, effective January 1, 1982; WHEREAS, counsel for the City of Roanoke and other localities have been quite reasonable in their negotiations with APCO, always agreeing that APCO should be entitled to a fuel adjustment clause and first offering a 10% increase in base rates, excluding fuel, effective January 1, 1982, and more recently offering a 13% increase; WHEREAS, the 13% rate increase offered to APCO, added to previous rate increases, amounts to a total increase of 37% since July 1, 1978, during which time the consumer price index, which includes the cost of fuel, has increased by approximately 33%; WHEREAS, APCO has refused to consider the tremendous economic benefits accruing to it by virtue of its having free use of the public rights-of-way for construction and maintenance of its equipment; WHEREAS, this Council cannot agree to the exhorbitant rate increase demanded by APCO, but, nevertheless, agrees that APCO is entitled to a fair and reasonable rate increase; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Effective January 1, 1982, this City shall pay APCO a 13% rate increase, according to the rate schedules to be calculated and provided by attorneys and consultants to the City, for electricity furnished to the City of Roanoke for its use. 2. The appropriate City officials are directed to commence investigation of alternative sources of electric power, reasonable charges which might be levied for use of City right-of-way and purchase of easements from the City necessary for the conduct of an electric utility business and the validity of the franchise, if any, under which APCO purports to conduct its business in the City of Roanoke. 3. APCO is urged to return to good faith negotiations in an effort to resolve this issue in a reasonable manner. 146 4. The City Clerk is directed to forward attested copies of this resolution to the members of the City's delegation to the General Assembly, to the Virginia Municipal League and to the Chairman of the Roanoke City School Board and the Superintendent of the Roanoke City Schools with the request that the School Division adopt a position consistent with that of the City in this important matter, and to Robert D. Webster, Division Manager, Appalachian Power Company. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, V%RGINIA, The 28th day of December, 1981. No. 25878. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Planning Grant #80A5164 (A353518) (1-5) ......................................... $10,208.00 ~V~i~UE Police Planning Grant #80A5164 (R353518) (6-7) ......................................... 10,208.00 (1) Appropriation Estimate - Salaries & Wages (A35351810002) (2) Salaries & Wages (A35351810002) (3) Stationery & Office (A35351830005) (4) Books & Publications (A35351830047) (5) Refund Balance (A35351895050) (6) Revenue Estimate - Grant Receipts (R35351821) (7) Revenue Estimate - Local Match (R35351831) $(3,101.00) (803.41) (641.20) (137.62) 1,582.23 (3,100.00) (1.00) 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 28th day of December, 1981. No. 25879. A RESOLUTION authorizing the City Manager to request the Secretary of the Interior to certify the City's historic district zoning regulations and the City Market Area Historic District, for certain Federal tax purposes. BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, is hereby authorized and directed to request the United States Secretary of the Interior to certify the City's historic district zoning regulations, Section 36-371' et seq., Code of the City of Roanoke (1979), as amended, and the City Market Area Historic District created by Council on September 10, 1979, by Ordinance No. 24833, in order that the owners of eligible structures within the City Market Area Historic District may qualify for certain tax credits for rehabilitation expenditures now permitted by the Economic Recovery Tax Act of 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, V%RGIN%A, The 28th day of December, 1981. No. 25880. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Public Works ............................................... $ 3,544,403.00 Commercial Refuse (1) .................................... 371,812.00 REVENUE General Property Taxes ..................................... 26,751,780.00 1982 Eeal ~state Tax (2) ................................. 18,475,000.00 1982 Personal Property Tax (3) ........................... 5,062,000.00 Other Local Taxes .......................................... 20,323,455.00 Sales Tax 1% State (4) ................................... 7,100,000.00 Business and Occupational Licenses (5) ................... 5,220,000.00 Motor Vehicle License (6) ................................ 1,060,000.00 Revenue from Use of Money and Property ..................... 767,500.00 Interest on Investments (7) .............................. 300,000.00 Grants in Aid Commonwealth ................................. 29,838,376.00 Non Categorical Aid (8) .................................. 403,300.00 Education (9) ............................................ 14,952,378.00 Other Categorical Aid (10 & 11) .......................... 6,825,670.00 Charges for Current Services ............................... 2,993,036.73 Sanitation Charges (12) .................................. 200,500.00 Non Revenue Receipts ....................................... 1,376,695.00 Sale of Land, Buildings and Equipment (13) ............... 300,200.00 (1) Vehicular Equipment (A01421290010) (2) 1982 Real Estate Tax (R01013150) (3) 1982 Personal Property Tax (R01014150) (4) Sales Tax 1% State (R01020501) (5) Business and Occupational License (R01023505) (6) Motor Vehicle Licenses (R01025001) (7) Interest on Investments (R01050505) (8) ABC Tax (R01060501) (9) State Sales Tax - Education (R01062001) (10) Street Construction and Maintenance (R01063005) (ll) Law Enforcement (R01063080) (12) Bulk Trash Collection (R01082520) (13) Sale of Equipment (R01101015) ($200,000.00) ( 312,507.00) 309,480.00 (250,000.00) (180,000.00) 70,000.00 100,000.00 ( 160,000.00) (157,000.00) 388,000.00 80,406.00 (518,743.00) 3O0,OOO.OO BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor i47 148 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of December, 1981. No. 25881. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordain- ed to read as follows, in part: APPROPRIATIONS Community Development Block Grant B-81-MC-51-0020 (A356681) ............................... $2,443,000.00 Urban Homesteading Project (1) ......................... 97,000.00 Private Rehabilitation Loan Program (2) ................ 90,000.00 (1) Urban Homesteading (A35668101650) .... $(90,000.00) (2) Private Rehabilitation Loan Program (A35668101701) 90,000.00 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 28th day of December, 1981. No. 25882. A RESOLUTION authorizing the City Manager to submit to the United States Department of Housing and Urban Development (HUD) a request to draw down $90,000 of the City's Community Develop- ment Block Grant funds in a lump sum, and authorizing the commitment of such funds as a loan loss reserve in connection with the issuance of $900,000 in mortgage revenue bonds by the City of Roanoke Redevelopment and Housing Authority, such commitment of the City's CDBG funds to be subject to the prior written approval of HUD. BE IT RESOLVED by the Council of the City of Roanoke that: 1. H. B. Ewert, City Manager, is hereby authorized to submit to the United States Department of Housing and Urban Development (HUD) a request to draw down $90,000 of the City's Community Development Block Grant funds in a lump sum, as requested in a report of the City Manager to Council dated December 28, 1981. 2. The City Manager, after receiving the prior written approval of HUD of the draw-down of the above described funds, and of the manner in which and the purpose for which such funds will be expended, and after obtaining the approval of the draw-down agreement by the City Attorney and Director of Finance, is authorized to commit such funds as a loan loss reserve in connection with the issuance of $900,000 in mortgage revenue bonds by the City of Roanoke Redevelopment and Housing Authority, subject to the terms and conditions set out in the aforementioned report of the City Manager. APPROVED ATTEST: City Clerk Mayor 149 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1982. No. 25876. AN ORDINANCE amending and reordaining Sections 32-84, Generally, 32-86, Financial .eligibili- ty, 32-88, Applicant's affidavit, and 32-90, Amount of exemption, Code of the City of Roanoke (1979), as amended, to provide new total combined income and net combined financial worth eligibility levels for the real estate tax exemption for persons over sixty-five years of age or permanently and totally disabled persons and to provide that the base year for any exemption shall be the tax year during which an eligible person first qualifies. BE IT ORDAINED by the Council of the City of Roanoke that Sections 32-84, Generally, 32- 86, Financial Eligibility, 32-88, Applicant's affidavit, and 32-90, Amount of exemption, Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows: Section 32-84. Generally~ The commissioner of revenue shall, upon application made and within the limits as hereinafter provided, order exemption of tax on real property owned by and occupied as the sole dwelling house of a person or persons not less than sigty-five (65) years of age or a person or persons less than sixty-five (65) years of age determined to be permanently and totally dis- abled as defined in this division, upon the terms and conditions hereinafter set out. A dwelling jointly held by a husband and wife may qualify for exemption if either spouse is over sixty-five (65) years of age or is disabled. Section 32-86. Financial eligibility. (a) To be eligible for the exemption provided for in this division, the total combined income, during the immediately preceding calendar year, from all sources, of the owner and relatives of the owner living in the dwelling house on such property shall not exceed fifteen thousand dollars ($15,000.00), provided that, the first four thousand dollars ($4,000.00) of income of each relative, other than the spouse of the owner, who is living in the dwelling shall not be included in such total, and the net combined financial worth of such persons, including equitable interests, as of the thirty-first day of December of the immediately preceding calendar year, excluding the value of the dwelling house and the land, not exceeding one acre, upon which it is situated, shall not exceed fifty-five thousand dollars ($55,000.00). No person receiving public assistance, other than medical assistance of any form, shall be eligible for such exemption. (b) For the fiscal tax collection year commencing July 1, 1982, the total combined income as defined in subsection (a) above of any owner claiming an exemption under this division as of December 31, 1981, shall not exceed sixteen thousand dollars ($16,000.00), and the next combined financial worth as defined in subsection (a) above as of December 31, 1981, shall not exceed fifty-eight thousand, five hundred dollars ($58,500.00). For the fiscal tax collection year commencing July 1, 1983, the total combined income as defined in subsection (a) above of any owner claiming an exemption under this division as of December 31, 1982, shall not exceed seventeen thousand dollars ($17,000.00), and the net combined financial worth as defined in subsection (a) above as of December 31, 1982, shall not exceed sixty-two thousand dollars ($62,000.00). For the fiscal tax collection year commencing July 1, 1984, the total combined income as defined in subsection (a) above of any owner claiming an exemption under this division as of December 31, 1983, shall not exceed eighteen thousand dollars ($18,000.00), and the net combined finan- cial worth as defined in subsection (a) above as of December 31, 1983, shall not exceed sixty-five thousand dollars ($65,000.00). (c) A change in ownership to a spouse less than sixty-five (65) years of age or not permanently and totally disabled, which results solely from the death of his or her qualified spouse, shall result in a pro rata exemption for the then current taxable year. Such prorated portion shall be determined by multiplying the amount of the exemption by a fraction wherein the number of complete months of the tax year such property was properly eligible for such exemption is the numerator and the number twelve (or the number of whole months in any short tax year) is the denominator. Section 32-88. Applicant's affidavit. The owner claiming an exemption under this division shall file with the commissioner, an affidavit setting forth an identification of the taxable real estate, the names of the persons occupying such real estate, that the total combined income of the owners and relatives living in the dwelling on such property for the preceding calendar year did not exceed the maximum total com- bined income permitted by Section 32-86 of this Code, provided that the first four thousand dollars ($4,000.00) of income of each relative, other than the spouse of the owner, who is living in the dwelling shall not be included in such total, and that the total combined net worth of such owner and relatives, as of the thirty-first day of December of the immediately preceding calendar year, excluding the value of the dwelling house and the land, not exceeding one acre upon which it is situated, did not exceed the total combined net worth permitted by Section 32-86 of this Code. Such affidavit shall be filed annually or, in lieu 150 ATTEST: thereof, such affidavit may be filed on a three-year cycle with an annual certification by the taxpayer that no information contained on the last preceding affidavit filed has been changed to violate the limitations and conditions provided herein. Persons claiming an exemption as of December thirty-first of any year shall file the affidavit or certificate by the thirtieth of June next following and any exemption granted shall apply to the fiscal tax collection year, beginning the next following July first. The commissioner may permit the late filing of the affidavit required by this section for first-time applicants and may permit late filing of such affidavit or certificate for other than first-time applicants in hardship cases. Section 32-90. Amount of exemption. With respect to persons sixty-five (65) years of .age and older and permanently and totally disabled persons, the amount of tax exempted under this division on any one property for any year shall be a sum equal to the amount by which the tax for any tax year exceeds the amount of tax on the property for the tax year during which the owner claiming an exemption under this division first qualified for such exemption. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1982. No. 25883. A RESOLUTION relating to the relocation or adjustment of utility facilities in connection with the City's Hershberger Road Project designated as Highway Project 0101-128-102, RW 201, C-501, C-502. WHEREAS, the Virginia Department of Highways and Transportation proposed to construct or otherwise improve a section of Hershberger Road, designated as Highway Project 0101-128-102, RW 201, C-501, C-502. WHEREAS, the City is responsible for making arrangements for the adjustment and/or reloca- tion of existing utilities and for the installation of any new utility facilities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City certifies that all arrangements have been made or will be made for the relocation and/or adjustment of all existing utility facilities and for the installation of any new utility facilities in connection with the construction of the aforementioned Highway Project; that in the event of any justifiable claims from the road contractor for delays or interference caused by adjustment and/or relocation of said utilities, the City of Roanoke hereby agrees to be responsible for said claims, provided the City is advised in writing by the Highway Department at the time of the delay that the road contractor intends to file a claim; and that the utilities hereinabove referred to are identified as follows: UTILITY OWNER TYPE OF FACILITY City of Roanoke Water, Sewer and Fire Alarms Roanoke Gas Company Gas The Chesapeake & Potomac Telephone Company of Virginia Communication Appalachian Power Company Power BE IT FURTHER RESOLVED that attested copies hereof be transmitted through the proper channels of communication by the City Manager to the Commonwealth of Virginia, Department of High- ways and Transportation. APPROVED ATTEST:f..~~.~~. ~~______ City Clerk Mayor 151 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1982. No. 25884. A RESOLUTION relating to the relocation or adjustment of utility facilities in connection with the City's Vinton Mill Road Project designated as Highway Project U000-128-114, RW 201, C-501. WHEREAS, the Virginia Department of Highways and Transportation proposed to construct or otherwise improve a section of Vinton Mill Road, designated as Highway Project U000-128-114, RW 201, C-501. WHEREAS, the City is responsible for making arrangements for the adjustment and/or reloca- tion of existing utilities and for the installation of any new utility facilities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City certifies that all arrangements have been made or will be made for the relocation and/or adjustment of all existing utility facilities and for the installation of any new utility facilities in connection with the construction of the aforementioned Highway Project; that in the event of any justifiable claims from the road contractor for delays or interference caused by adjustment and/or relocation of said utilities, the City of Roanoke hereby agrees to be responsible for said claims, provided the City is advised in writing by the Highway Department at the time of the delay that the road contractor intends to file a claim; and that the utilities hereinabove referred to are identified as follows: UTILITY OWNER TYPE OF FACILITY City of Roanoke Water and Sewer Roanoke Gas Company Gas The Chesapeake & Potomac Telephone Company of Virginia Communication Appalachian Power Company Power Roanoke Valley Cablevision Cable TV BE IT FURTHER RESOLVED that attested copies hereof be transmitted through the proper channels of communication by the City Manager to the Commonwealth of Virginia, Department of Highways and Transportation. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1982. No. 25885. AN ORDINANCE accepting a bid for furnishing rock 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 990 tons of rock salt to the City in the total amount of $32,957.10 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 rock salt, said purchase orders to be made and filed in accordance with the City's specifications, the bidder's proposal made therefor and in accordance with this ordinance. 3. The other bids received for the supply of rock 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 said bids; and 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1982. No. 25887. A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, Virginia, to fill a vacancy on its Board of Directors. WHEREAS, Mr. C. E. Hunter, Jr., heretofore appointed by the Council as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencin on October 21, 1977, has tendered to the City his resignation from said Board of Directors, to be effective October 20, 1981, the date of the expiration of his term; and WHEREAS, Section 15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Mr. Russell O. Hannabass, be and is appointed a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term commencing October 21, 1981, and expiring October 20, 1985, to fill a vacancy created by the expiration of the term of office of C. E. Hunter, Jr., occurring on October 20, 1981. ATTEST: ~~._ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1982. No. 25888. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Operating Expense (1) ................................ $5,444,487.85 (1) Fees for Professional Services (A03210320010) $13,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 153 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of January, 1982. No. 25886. AN ORDINANCE authorizing the appropriate City officials to execute and deliver a deed and party wall agreement with the Western Virginia Foundation for the Arts and Sciences, providing for the City's conveyance to that firm of real estate lying on the south side of Campbell Avenue, Roanoke, Virginia, under certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are authorized and empowered respectively to execute and deliver on behalf of the City and to seal and attest the City's deed and party wall agreement, to be prepared by the City Attorney, conveying with Special Warranty of title the fee simple title to New Lot l-B, as shown on "Plat Showing Property to Be Conveyed to the Western Virginia Foundation for the Arts and Sciences...by the City of Roanoke", dated December 1, 1981, Roanoke City Plan No. 5875 and establishing certain rights and obligations with respect to a party wall to be owned by the City between the Market Square Parking Garage and the adjacent improvements to be constructed by the Foundation on the above real estate. The con- veyance shall except all of the airspace over New Lot 1-B to be occupied by the Market Square Parking Garage and certain easements over and through said land from the parking garage to Campbell Avenue, at certain locations to be designated by the City Manager. The consideration for this grant shall be the payment to the City by the Foundation of $132,000. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of January, 1982. No. 25891. A RESOLUTION requesting the General Assembly to adopt appropriate legislation providing for one hundred percent (100%) State reimbursement to the City for the operation of its Juvenile and Domestic Relations District Court Services Unit, while retaining local administrative control over the Unit. WHEREAS, transfer of the City of Roanoke Juvenile and Domestic Relations District Court Services Unit to State operation would result in certain savings to the City, but such savings might come at the expense of the City losing certain advantages inherent in the locally operated Court Services Unit; WHEREAS, transfer to State Control might make it difficult to maintain programs which have been tailored to meet the particular needs of this community and would result in this City having less input in the quantity and quality of services offered; WHEREAS, local operation of the Unit with State reimbursement of operating expenses would seem to offer advantages to both the State and the City in that supervision of the Court Services Unit would be provided by the City Manager and his staff, and such arrangement would be in keeping with the spirit of recently enacted "local option legislation" for human resources agencies; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The General Assembly of Virginia is urged to adopt appropriate legislation providing for one hundred percent (100%) State reimbursement to the City for the operation of its Juvenile and Domestic Relations District Court Services Unit, while retaining local administrative control over the Unit, and the members of the General Assembly who represent the City of Roanoke are hereby urged to make every reasonable effort to obtain the adoption of such legislation. 2. The City Clerk is directed to transmit attested copies of this resolution to the State Board of Corrections, the Director of the Department of Corrections, and to the members of the General Assembly of Virginia who represent the City of Roanoke. APPROVED ATTEST: City Clerk Mayor 154 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of January, 1982. No. 25893. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Government .................................... $10,356,857.06 War'Memorial (1 &~2) ................................. 172,700.00 Capital Improvement Reserve ........................... 5,009,324.70 War Memorial (3) ..................................... 6,150.00 REVENUE Other Funding Sources ................................. Contributions - War Memorial Committee (4) ........... 98,850.00 78,850.00 (1) Appropriated from General Revenues (A08110190403) (2) Appropriated from Capital Grant (A08110190402) (3) Capital Improvement Reserve - War Memorial (A08310172510) (4) Due from War Memorial Committee (X0811502) (R08013002) $ 73,850.00 78,850.00 (73,850.00) 78,850.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of JanuarY, 1982. No. 25894. AN ORDINANCE accepting the bid 'of Watts & Breakell, Inc., for construction of the Roanoke Valley War Memorial, upon certain terms and conditions, and awarding the contract therefor; authoriz- ing the proper City officials to execute'the requisite contract for such work; rejecting all other bids made to the City for the work; providing for the transfer of funds from the War Memorial Commit- tee to the City; and providing for an emergency. WHEREAS, the Roanoke Valley War Memorial Committee has been soliciting funds for the construction of a war memorial at the east end of Lee Plaza; WHEREAS, the City has previously agreed to make a contribution not to exceed $100,000 to the War Memorial Project, such contribution being conditioned upon its being matched on a dollar- for-dollar basis by donations made to such Committee for the War Memorial Project; WHEREAS, bids for construction of the War Memorial have been received and tabulated, and all Project costs, including architects' and engineers' fees, construction costs, constructien con- tingencies and overhead, have been estimated at $187,700, and the Director of Finance has certified the availability of $93,850 from the War Memorial Committee as its share of Project costs; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 155 1. The bid of Watts & Breakell, Inc., made to the City in the total amount of $139,700 (base bid including Deduct Alternate No. 1), for construction of the Roanoke Valley War Memorial at the east end of Lee Plaza in the City of Roanoke, Virginia, such bid being in full compliance with the plans and specifications made for such Project and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Watts & Breakell, Inc., based upon 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. Ail other bids made to the City for the aforesaid Project 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. The Roanoke Valley War Memorial Committee shall remit to the City of Roanoke, within 30 days after execution by all parties of the construction contract, all funds collected for the War Memorial Project less overhead expenses; thereafter, such Committee shall remit all payments received on pledges within 10 days of receipt by such Committee. The Committee's obligation to remit funds to the City shall terminate when $78,850 has been remitted to the City. 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 pas- sage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of January, 1982. No. 25895. AN ORDINANCE to amend and reordmin certain sections of the 1981-82 Capital Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sanitation Projects $3,287,562.61 Storm Drain Project III (1) ......................... 190,502.25 Public Improvement Bonds Series 1980A 1,494,599.63 Storm Drains (2) .................................... 1,099,665.63 (1) Appropriated from Bond Funds (A08220192001) (2) Storm Drains (A08310172601) .$ 172,693.25 (172,693.25) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 156 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of January, 1982. No. 25896. AN ORDINANCE accepting the bid of Mullins & Jones, Inc., for work on the Carver Avenue Storm Drain Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Mullins & Jones, Inc., of Troutville, Virginia for furnishing all tools, labor, machinery and materials necessary for the construction of the Carver Avenue Storm Drain Project, in full accordance with the City's plans and specifications made for such work, for the amount of $164,463.25 is hereby ACCEPTED. A contingency in the amount of $8,230.00 is hereby estab- lished. 2. The City Manager and City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute, seal and attest, respectively, the requisite contract with the aforesaid successful bidder, such contract to have incorporated therein the City's requirements and plans and specifications made for said work, the bidder's proposal made to the City, the provi- sions of this ordinance, and to be upon such form as is approved by the City Attorney. 3. Ail other bids made to the City for such work are hereby REJECTED, and the City Clerk is directed to notify said bidders and to express 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 25th day of January, 1982. No. 25889. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 404 and 405, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have property fronting on the easterly side of Belleview Avenue, S. E., and the southerly side of Thyme Street, S. E., described as a tract of land containing .65 acre, Official Tax No. 4050101, a tract of land containing 3.3 acres, Official Tax No. 4050102, Lots 4, 5 and 6, Block 7, Mill Mountain Court, Official Tax Nos. 4041901, 4041902 and 4041903, and Lots 6 - 12, inclusive, Block 8, Mill Mountain Court, Official Tax Nos. 4041904 - 4041910, inclusive, rezoned from RS-3, Single-Family Residential District, to C-i, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-3, Single-Family Residential District, to C-l, Office and Institutional District; the said zoning to be subject to the conditions proffered by the applicant in its addendum to appli- cation for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the llth day of January, 1982, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet Nos. 404 and 405 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property fronting on the easterly side of Belleview Avenue, S. E., and the southerly side of Thyme Street, S. E., described as a tract of land containing .65 acre, Official Tax No. 4050101, a tract of land containing 3.3 acres, Official Tax No. 4050102, Lots 4, 5 and 6, Block 7, Mill Moun- tain Court, Official Tax Nos. 4041901, 4041902 and 4041903, and Lots 6 - 12, inclusive, Block 8, Mill Mountain Court, Official Tax Nos. 4041904 - 4041910, inclusive,, designated on Sheets 404 and 405 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby changed from RS-3, Single- Family Residential District, to C-l, Office and Institutional District, subject to the conditions proffered by and set forth in. the addendum to application for rezoning, and that Sheet Nos. 404 and 405 of the aforesaid map be changed in this respect. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of January, 1982. No. 25890. AN ORDINANCE amending Section 19-81, Wholesale Merchant, and Article III, Special License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, by adding new Section 19-81.1, Itinerant Merchants and Peddlers, in order to change the method and rate of license taxation for itinerant merchants and peddlers; and providing for an effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 19-81, Wholesale Merchant, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Sec. 19-81. Wholesale merchant and peddlers at wholesale. (a) There is imposed upon every person doing business in this city as a wholesale merchant or as a peddler at wholesale an annual license tax of forty-four dollars ($44.00) plus twenty-six cents ($0.26) on each one hundred dollars ($100.00) of purchase made by him in his business. (b) A wholesale merchant is any person who sells goods to persons for resale, or who sells goods to institutional, commercial or industrial users and who has a definite place of business or store in this city. (c) A peddler at wholesale is such as is defined in Article 10 of Chapter 7 of Title 58 of the Code of Virginia (1950), as amended. No tax shall be levied upon those peddlers at wholesale exempt from local taxation under the latter authority. Any such tax levied shall be subject to the situs require- ments set out in Section 58-266.5, Code of Virginia (1950), as amended. (d) When used in connection with the license tax on wholesale merchants and peddlers at wholesale, the term "purchase" is defined as the total cost to the wholesale merchant or peddler at wholesale of all goods purchased or obtained by him for resale, consumption or manufacture whether paid or not during the year preceding the then current year, including, but not limited to, transportation charges, fines, service charges, interest and rentals. (e) A wholesale merchant or peddler at wholesale who proposes to conduct both retail and wholesale sales shall obtain a separate license therefor under this chapter. (f) If a manufacturer having any facility in this city proposes to sell goods at wholesale at a place or places other than the place of manufacture, he shall obtain a wholesale merchant's license. The cost of manufacture of the goods sold at wholesale shall be deemed the cost of purchase for purposes of license tax assessment. 2. Article III, Special License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the follow- ing section: Sec. 19-81.1. Itinerant Merchants and Peddlers. There is imposed on every person doing business in this city as an itinerant merchant or as a retail peddler, as defined in "Guidelines," a tax of fifty dollars ($50.00) per year. This tax shall not apply to dealers in precious metals, as defined in Chapter 23.2, of Title 54, Code of Virginia (1950), as amended, which, for BPOL taxation purposes, are governed by other provisions of this chapter. 158 This ordinance shall be effective on and after January 1, 1982. APPROVED ATTEST~_~~~. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of January, 1982. No. 25892. AN ORDINANCE providing for the lease by the City to Air Virginia of office space in Building No. 1 at Roanoke Municipal Airport, Woodrum Field. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the City's lease, in such form as approved by the City Attorney, to Air Virginia, for one year beginning December 1, 1981, of 360 square feet of office space in Building No. 1 at Roanoke Municipal Airport, Woodrum Field, for $3.00 per square foot per year, in advance, including utilities, but not custodial service. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of January, 1982. No. 25897. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) ..................... $5,990,572.96 Public Law-874 1981-82 (A354903) (1-2) ................. 138,967.22 REVENUE Roanoke City School Grants (R354000) ..................... $5,990,572.96 Public Law-874 1981-82 (R354903) (3) ................... 138,967.22 (1) Supplies (A35490330005) (2) Contingency (A35490332107) (3) Federal Grant Receipts (R35490321) $ 1,500.00 13,204.22 14,704.22 BE IT FURTMER 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 January, 1982. No. 25898. AN ORDINANCE authorizing the City Manager to execute an Urban Homesteading agreement with the United States Department of Housing and Urban Development; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, H. B. Ewert, or the Assistant City Manager, W. Robert Herbert, is hereby authorized, for and on behalf of the City, to enter into a written agreement with the United States Department of Housing and Urban Development relating to the City's Urban Homesteading Program, a copy of which agreement is attached to a report of the City Manager dated January 25, 1982, on approval of the form of the agreement 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of January, 1982. No. 25899. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. !~EREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works ............................................. $ 3,579,961.00 Snow Removal (1) ....................................... 172,608.00 Non Departmental ......................................... 15,656,897.94 General Fund Contingency Reserve (2) ................... 430,008.00 (1) Chemicals (A01414030051) (2) General Fund Contingency Reserve (A01941032006) $40,558.00 (4O,558.OO) 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 January, 1982. No. 25900. A RESOLUTION ratifying an emergency purchase of rock salt. WHEREAS, Section 41 of the City Charter authorizes the City Manager to make emergency purchases without the necessity for advertising and receiving bids, and said section further re- quires the City Manager to report the facts and circumstances relating to such purchases to the Council at its next regular meeting; WHEREAS, by report of January 25, 1982, the City Manager has advised of an emergency purchase of rock salt. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the emergency purchase of 1,200 tons of rock salt (200 tons from International Salt Company at $33.29 per ton for a total of $6,658.00 and 1,000 tons from Morton Salt Company at $33.90 per ton for a total of $33,900), on or about January 20, 1982, is hereby RATIFIED; and the Director of Finance is hereby authorized and directed to make requisite payment to said vendors. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of January, 1982. No. 25901. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay ......................................... $3,940,251.97 Vinton Connection Facility (1) ....................... 656,245.00 REVENUE Due from Federal Government (2) ....................... Due from Town of Vinton (3) ........................... 491,400.00 163,845.00 (1) Vinton Connection Facility (A03511092001) .... $550,245.00 (2) Vinton Connection Facility (X03113206) 491,400.00 (3) Vinton Connection Facility (X03113501) 58,845.00 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 January, 1982. No. 25902. AN ORDINANCE repealing Section 34-78, Renting or leasing vehicles prohibited, in order to delete the requirement that public vehicles must be owned by the person in the business of trans- porting passengers for hire; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 34-78, Renting or leasing vehicles prohibited, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of January, 1982. No. 25903. A RESOLUTION reconfirming the appointment of Mrs. Jo Anne Justis as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill an unexpired term on the Commission of such Authority and waiving the requirement of City residency. WHEREAS, Mrs. Jo Anne Justis was appointed on December 8, 1980, to fill the unexpired term of The Reverend Marvin E. Jacobs as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, which term expires August 31, 1983; and WHEREAS, at the time that Mrs. Justis was appointed a Commissioner she was a resident of the City, but has since moved to the Town of Vinton; and WHEREAS, the Council desires to retain the valuable services of Mrs. Justis as a Commissioner; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the appointment of Mrs. Jo Anne Justis to fill the unexpired term of The Reverend Marvin E. Jacobs as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, expiring on August 31, 1983, is hereby reconfirmed, and the requirement of City residency set forth in Section 2-281(b), Code of the City of Roanoke (1979), as amended, is hereby waived. APPROVED ATTEST City Clerk Mayor 162 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of January, 1982. No. 25904. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS City Manager (1) .................................... $ Office of Billings and Collections (2) .............. Commissioner of Revenue (3) ......................... Director of Administration and Public Safety (4) .... Sheriff (5) ......................................... Police - Investigation (6) ................... 200,315.00 381,915.00 333,372.00 58,373.00 448,189.00 816,542.00 Police - Patrol (7) ................................. 3,057,835.00 Fire - Protection (8) ............................... 127,861.00 Fire - Suppression (9) .............................. 4,418,754.00 Jail (10) ........................................... 1,407,012.00 Refuse Collection (11) ......................... ' ..... 1,725,291.00 Commercial Refuse (12) ...... ........................ 367,812.00 Social Services - Services (13) ..................... 3,423,530.00 Nursing Home (14) ................................... 663,706.00 Community Planning (15) ............................. 139,300.00 City Information System (16) ........................ 834,814.00 Street Maintenance (17) ............................. 2,743,084.00 Building Maintenance (18) ........................... 1,798,753.00 Custodial Services (19) .............................. 545,767.00 Grounds Maintenance (20) ............................ 633,928.16 Motor Vehicle Maintenance (21) ...................... 936,922.00 Personnel Lapse (22, 23) ............................ 172,252.00 REVENUE Grants-in-Aid Commonwealth .......................... 29,795,976.00 Shared Expenses - Commissioner of Revenue (24) ...... 116,900.00 Shared Expenses - Sheriff (25) ...................... 506,236.00 Other Categorical Aid - Jail (26) ................... 1,309,005.00 Reimbursements - Public Assistance (27) ............. 5,177,070.00 (1) Salaries and Wages (A01121110002) (2) Salaries and Wages (A01123210002) (3) Salaries and Wages (A01123310002) (4) Salaries and Wages (A01126010002) (5) Salaries and Wages (A01214010002) (6) Salaries and Wages (A01311210002) (7) Salaries and Wages (A01311310002) (8) Salaries and Wages (A01321210002). (9) Salaries and Wages (A01321310002) (10) Salaries and Wages (A01331010002) (11) Salaries and Wages (A01421010002) (12) Salaries and Wages (A01421210002) (13) Salaries and Wages (A01531410002) (14) Salaries and Wages (A01534010002) (15) Salaries and Wages (A01811010002) (16) Salaries and Wages (A06160110002) (17) Salaries and Wages (A06262110002) (18) Salaries and Wages (A06263110002) (19) Salaries and Wages (A06263210002) (20) Salarmes and Wages (A06263510002) (21) Salaries and Wages (A06264110002) (22) Personnel Lapse (A01941010025) (23) Personnel Lapse (A06941010025) (24) Shared Expenses - Commissioner of Revenue (R01061015) (25) Shared Expenses - Sheriff (R01061010) ...... (26) Other Categorical Aid - Jail (R01063007) (27) Reimbursements - Public Assistance (R01061505) $(5~000.00) (3.000.00) (9,ooo.oo) (7.500.00) (10,000.00) (13,000.00) (15.000.00) (14.000.00) (7,000.00) (20.000.00) (14,000.00) (4,000.00) (lO,OOO.OO) (lO,OOO.OO) (2,000.00) (12,000.00) (lO,OOO.OO) (8,ooo.oo) (8,oo0.00) (lO,OOO.OO) (35,000.00) 101,000.00 83,0O0.0O ( 4,500.00) (10,000.00) (20,000.00) ( 8,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of January, 1982. No. 25905. A RESOLUTION authorizing the appropriate City officials to make a certain proposal to the Federal Aviation Administration for their lease from the City of Airport Building No. 1 for a centralized flight service station. BE IT RESOLVED by the Council of the City of Roanoke that the appropriate City officials are authorized and directed to make a proposal to the Federal Aviation Administration for their lease from the City of approximately 9,892 square feet (to expand to 12,000 square feet) in Building No. 1 at Roanoke Municipal Airport, Woodrum Field, and parking space for 100 cars within 750 feet of this building, for $1.00 per year, for a term expiring May 1, 2004, with the FAA to pay all costs of expansion, renovation, maintenance and insurance with respect to its occupancy of this property. The proposal shall be in such form as approved by the City Attorney and may contain such other provisions that the City Manager may require. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1982. ~ No. 25906. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT oRDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) Title I Carryover 79-80 (A354101) (1-5) ......................... ESEA IV-C In-School Suspension (A354201) (6) .................... ESEA IV-C CAP 79-80 (A354202) (7-16) ............................ Title IV-C STAY 80-81 (17-18) ................................... ESAA Special Arts 79-80 (A354302) (19) .......................... ESAA Title VII 79-80 (A354304) (20-34) ........ ~ ................. CETA Title VI Community Education (A354403) (35-44) ............. Child Development Clinic 80-81 (A354501) (45-49) .............. .. Bureau of Cripple Children 80-81 (A354502) (50-54) .............. Roanoke Memorial Hospital 80-81 (A354503) (55-59) ............... Juvenile Detention Home 80-81 (A354504) (60-64) ................. Flow-Through 80-81 (A354505) (65-71) ............................ Special Education In-Service (A354507) (72) ...................... Flow-Through 79-80 (A354513) (73-74) ............................ Apprenticeship Program 80-81 (A354702) (75-78) .................. Vocational Guidance (A354703) (79-80) ........................... $6,574,557.17 189,829.01 5,129.13 57,038.54 7,302.99 29,170.35 363,747.27 39,127.16 35,405.62 30,269.40 23,710.06 24,072.07 395,915.00 4,679.62 340,749.19 75,881.58 3,897.55 ~V~UE Roanoke City School Grants (R354000) ESEA IV-C In-School Suspension (R354201) (81) ................. ESEA IV-C CAP 79-80 (82) ...................................... Title IV-C STAY 80-81 (R354203). (83) .......................... ESAA Special Arts 79-80 (R354302) (84) ........................ ESAA Title VII 79-80 (R354304) (85) ........................... CETA Title VI Community Education (11354403) (86) .............. Child Development Clinic 80-81 (R354501) (87) ................. Bureau of Crippled Children 80-81 (R354502) (88) .............. Roanoke Memorial Hospital 80-81 (R354503) (89) ................ Juvenile Detention Home 80-81 (R354504) (90) .................. Special Education In-Service (R354507) (91) ................... Flow-Through 79-80 (R354513) (92) ............................. Apprenticeship Program 80-81 (R354702) (93) ................... Vocational Guidance (R354703) (94) ............................ (1) Director (A35410110030) (2) Teachers (A35410110022) (3) Aides (A35410110034) (4) Nurses (A35410110036) (5) Indirect Costs (A35410135040) (6) Instructional Supplies (A35420130005) (7) Teachers Salaries (A35420210030) (8) In-Service Training (A35420210040) (9).Fringes - Fixed Charges (A35420211070) (10) Consultants (A35420220010) (11) Dissemination (A35420220042) (12) Instructional Supplies (A35420230070) (13) Telephones (A35420231005) (14) Travel - Administration (A35420233005) (15) Travel - Consultants (A35420233030) (16) Travel - Instruction (A35420233071) (17) In-Service Training (A35420310040) (18) Supplies (A35420330005) (19) Visiting Artists (A35430220010) (20) Supervisor (A35430410030) (21) Secretary (A35430410031) (22) Teachers (A35430410032) (23) Counselors (A35430410033) (24) Teacher Aides (A35430410035) (25) In-Service Teachers (A35430410040) (26) In-Service Counselors (A35430410041) (27) In-Service Aides (A35430410042) (28) Fringes - Fixed Charges (A35430411070) (29) Administrative Supplies (A35430430005) (30) Instructional Supplies (A35430430070) (31) Counselor Supplies (A35430430071) (32) Aide Supplies (A35430430072) (33) Administrative Travel (A35430433005) (34) Counselor Travel (A35430433030) (35) Participant Wages (A35440310030) (36) In-Service Training (A35440310040) (37) Participant F.I.C.A. (A35440311010) (38) Participant Health Insurance (A35440311015)--- (39) Administrative Supplies (A35440330005) (40) Utilities (A35440331005) (41) Administrative Travel.(A35440333005) (42) Training Staff Travel (A35440333030) (43) Travel - Instructional (A35440333031) (44) Participant Travel (A35440333032) (45) Salary (A35450110002) (46) Fringes - Fixed Charges (A35450111070) (47) Supplies (A35450130005) (48) Travel (A35450133005) (49) Indirect Costs (A35450135040) (50) Salary (A35450210002) (51) Fringes - Fixed Charges (A35450211070) (52) Supplies (A35450230005) (53) Travel (A35450233005) (54) Indirect Costs (A35450235040) (55) Salary (A35450310003) (56) Fringes - Fixed Charges (A35450311070) (57) Supplies (A35450330005) (58) Travel (A35450333005) (59) Indirect Costs (A35450335040) (60) Salary (A35450410002) (61) Fringes - Fixed Charges (A35450411070) (62) Supplies (A35450430005) (63) Travel (A35450433005) (64) Indirect Costs (A35450435040) (65) Special Education Teachers (A35450510030) ..... (66) Special Education Aides (A35450510031) (67) Fringes - Fixed Charges (A35450511070) (68) Health Services (A35450520009) (69) Therapy (A35450520010) (70) Supplies & Equipment (A35450530005) $6,574,557.17 5,129.13 57,038.54 7,302.99 29,170.35 363,747.27 39,127.16 35,405.62 30,269.40 23,710.06 24,072.07 4,679.62 340,749.19 75,881.58 3,897.55 $( .34) .16 .12 .40 ( .34) ( 118.87) ( .o9) (4,268.09) (2,006.04) ( 300.00) 89.29 (2,051.07) ( 293.63) ( 399.13) 437.40 (1,170.10) ( 142.80) 145.79 .35 ( 980.04) (4,215.50) 2,497.20 2,612.04 ( 528.96) ( 400.00) ( 226.27) ( 18.24) (8,493.43) 427.14 496.76 510.05 494.82 427.70 480,00 (' 73.57) ( 154.00) 707.21 169.29 ( 105.26) 262.91 ( 74.00) ( 164.00) ( 96.00) ( 781.42) 2,157.96 ( 4.68) ( 299.22) ( 17.05) ( 724.39) 2,467.72) 436.74 2.86 ( 65.92)' (1,371.00) ( .08) ( 31.94) ( 247.00) ( 170.00) 626.08 607.60 ( 151.53) (. 3.60) ( 200.00) 522.60 9,223.41 5,947.76 (6,326.26) ( 607.75) (2,250.00) (4,415.66) (71) Travel (A35450533005) ........ £ ........... (72). In-Service Training (A35450710040) (73) Special Ed. Teachers (A35451310030) (74) Fringes - Fixed Charges (A35451311070) (75) Coordinator Salary (A35470210030) (76) Teacher Salaries (A35470210031) (77) Fringes - Fixed Charges (A35470211070) (78) Travel (A35470233005) (79) Materials & Supplies (A35470330005) (80) Printing (A35470330084) (81) Federal Grant Receipts (R35420121) (82) Federal Grant Receipts (R35420221) (83) Federal Grant Receipts (R35420321) (84) Federal Grant Receipts (R35430221) (85) Federal Grant Receipts (R35430421) (86) Federal Grant Receipts (R35440321) (87) State Grant ReceiPts (R35450125) (88) State Grant Receipts (R35450225) (89) State Grant Receipts (1135450325) (90) State Grant Receipts (R35450425) (91) State Grant Receipts (R35450725) (92) Federal Grant Receipts (R35451321) (93) State Grant Receipts (R35470225) (94) Federal Grant Receipts (R35470321) S(1,571.50) ,( 32o.38) .19 40.00 .40 (15,178.67) 2,701.05 89.80 1,019.75 (1,872.20) ( 118.87) (9,961.46) 2.99 .35 (6,916.73) ( 308.84) 1,112.62 1,470,40 177.06 775.07 ( 320.38) 40.19 (12,387.42) ( 852.45) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1982. No. 25907. AN ORDINANCE authorizing the City Manager to enter into a contract with Wiley and Wilson, Architects-Engineers-Planners, of Lynchburg, Virginia, to design and perform related work with regard to chillers at the Civic Center; 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, be and they are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with Wiley and Wilson, Architects- Engineers-Planners, of Lynchburg, Virginia, for the provision by such firm of professional services for the design of chillers for the Civic Center and related work in accordance with the City's specifications for such work. 2. The contract authorized hereby shall be in the amount of $29,900.00 and shall be in form approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1982. No.' 25908. A RESOLUTION authorizing the City Manager to execute certain amendments to the Urban Development Action Grant (UDAG) agreement pertaining to the City Market and Fire Station No. 1 development. BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, be and he is hereby authorized and directed to execute, for and on behalf of the City, certain amendments dated October 8, 1981, and December 28, 1981, to the Urban Development Action Grant (UDAG) agreement between the City and the United States Department of Housing and Urban Development pertaining to Grant No. B-81-AA-51-0154, being the City Market and' Fire Station No. 1 development, the subject of such amendments being described and set out in a report to the Council from the City Manager dated February 1, 1982. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1982. No. 25909. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Hayes, Seay, P~ttern and Mattern, Architects-Engineers in connection with improvements to the Franklin Road Bridge; 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 Hayes, Seay, Mattern and Mattern, Architects and Engineers, dated February 1, 1978, such contract being authorized by Ordinance No. 24222, adopted June 26, 1978. 2. Change Order No. i shall provide for the following changes in the work to be performed CONTRACT AMOUNT, AS AMENDED $ 18,880.00 (a) Updating of contract documents to include use of light weight concrete deck with epoxy coated reinforcing bars + $ 1,000.00 (b) Additional engineering work due to rusting on several beams and girders and damage in two piers + $ 1,720.00 Contract amount including Change Order No. 1 $ 21,600.00 Additional time resulting from Change Order No. 1 None. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1982. No. 25910. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended' and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects $3,289,696.61 Storm Drain Project III (1) ................ ....... 13,855.00 Public Improvement Bonds Series 1980A 1,494,099.63 Storm Drains (2) .................................. 1,099,165.63 (1) Appropriated from Bond Funds (A08220192501)--$ 500.00 (2) Storm Drains (A08310172601) (500.00) 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 1st day of February, 1982. No. 25911. AN ORDINANCE providing for the City's acquisition of Lot 29, Block 4, R. J. Wright Map, bearing Official Tax No. 1211105, Roanoke Virginia; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Scott W. Bauman, to sell and convey to the City all of Lot 29, Block 4, R. J. Wright Map, bearing Official Tax No. 1211105, Roanoke, Virginia, for $500.00 is ACCEPTED. 2. Upon the 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 land, free and clear of all encum- brances and containing general warranty and modern English covenants of title on behalf of the grantor, such deed to be in form approved by the City Attorney, the proper City officials shall be authorized to issue and deliver to such person or persons as certified by the City Attorney to be entitled thereto the $500.00 purchase price, less any amount due to be paid by the grantor for taxes and other lawful encumbrances in favor of the City. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1982. No. 25912. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Public Buildings $5,963,045.02 Williamson Road Branch Library (1) .............. 182,540.00 Capital Improvement Reserve Public Improvement Bond Series 1980A - Public Buildings (2) ........................... 4,674,347.45 234,284.00 (1) Appropriated from Bond Funds (A08180191401) (2) Public Buildings (A08310172602) .... $ 160,650.00 (160,650.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1982. No. 25913. AN ORDINANCE accepting the bid of Avis Construction Co., Inc., for construction of alterations and additions to the Williamson Road Branch Library, upon certain terms and conditions, and awarding a contract therefor; authorizing.the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Avis Construction Co., Inc., made to the City in the total amount of $153,000.00 for construction of alterations and additions to the Williamson Road Branch Library, such bid being in full comp%iance with the City's plans and specifications made therefor, including alternatives 1, 2 and 3, 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 and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Avis Construction Co.., 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. 3. All other bids made to the City for the aforesaid work be and they 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 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 Mayor 159 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 1982. No. 25917. A RESOLUTION requesting the Commonwealth to accept the transfer of the City's Juvenile and Domestic Relations District Court Services Unit to the State Department of Corrections for State operation and requesting the General Assembly to appropriate adequate funds to accomplish the same. WHEREAS, the Council of the City of Roanoke supports the development of a State-operated court service unit to provide services to the Juvenile and Domestic Relations District Court for the City of Roanoke, and the Chief Judge of the Juvenile and Domestic Relations District Court for the Twenty-third Judicial District has been consulted in accord with Section 16.1-235, Code of Virginia (1950), as amended; WHEREAS, the City of Salem and Roanoke County, each also being included in the Twenty-third Judicial District, have had their court service units accepted for State operation resulting in substantial savings to such localities, and this Council is desirous of the City's Court Services Unit being transferred to State operation effective July 1, 1982; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The State Department of Corrections is hereby urged to accept the transfer of the City's Juvenile and Domestic Relations District Court Services Unit as a part of the Department's Regional Court Service Unit for the Twenty-third Judicial District effective July 1, 1982. 2. The General Assembly of Virginia is urged to appropriate adequate funds to accomplish the transfer of the City's Juvenile and Domestic Relations District Court Services Unit to the State Department of Corrections effective July 1, 1982, and the members of the General Assembly who repre- sent the City of Roanoke are hereby urged to make every reasonable effort to obtain such an appropria- tion. 3. The City Clerk is directed to transmit attested copies of this resolution to the State Board of Corrections, the Director of the Department of Corrections, the members of the General Assembly of Virginia who represent the City of Roanoke and the judges of the Juvenile and Domestic Relations District Court for the Twenty-third Judicial District. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25914. AN ORDINANCE providing for the conveyance of real estate on the south side of Hershberger Road, Roanoke, Virginia, to the Commonwealth of Virginia for road improvements. 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 the City's deed, containing special warranty of title and conveying to the Commonwealth of Virginia, Department of Highways and Transportation, 6.32 acres of land on the south side of Hershberger Road, Roanoke, Virginia, as described on Roanoke City Plan No. 5804B, for road improvements. Upon its approval as to form, the City Attorney is authorized to deliver this deed to the grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25915. AN ORDINANCE permitting the encroachment of a canvas canopy to be erected on the State and City Building, 104 West Campbell Avenue, over the public sidewalk in front of such building, to a line not greater than two feet from the adjacent West Campbell Avenue curb line, 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, F & B Developers, its grantees assigns or successors in interest, of the property at 104 West Campbell Avenue, within the City of Roanoke, to construct and maintain a certain canvas canopy extending from the State and City Building on said property, over and across the sidewalk area adjacent to said building and to a line not nearer than two feet from the adjacent curb line of West Campbell Avenue, said canopy to be construct- ed and maintained in conformance with the provisions of Chapter 27, Code of the City of Roanoke (1979), as amended, and to be in accordance with the plans for such canopy filed with the owner's application to the City, dated December 10, 1981. 2. The Council reserves the right to cause the aforesaid encroachment to be discontinued at any time for good cause and at the expense of the then owner. 3. The owner shall provide the City Clerk with a certificate of insurance, naming the City of Roanoke as an additional insured, providing liability insurance in the amount of at least $50,000 for injury to or death of one person, at least $100,000 for injury or death of two or more ~ persons, and at least $10,000 property damage. The said certificate shall contain a provision that coverage will not be cancelled or materially altered except after thirty (30) day's written notice to the City. 4. The owner agrees that it, its officers, agents, grantees, assigns, or successors in interest shall indemnify and hold harmless the City of Roanoke from any and all claims, legal actions and judgments advanced against the City and for any expenses the City may incur in this regard, arising out of the encroachment permitted hereby over a public sidewalk. 5. The City Clerk shall transmit an attested copy of this ordiance to F & B Developers. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed and attested by a duly authorized partner of F & B Developers, has been filed with the City Clerk, and the owner has obtained the proper permit from the Building Commissioner. ACCEPTED and EXECUTED by the undersigned this day of , 1982. ATTEST: F & B Developers By. By ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25916. AN ORDINANCE authorizing the City Manager to execute an agreement granting an option to Fralin and Waldron, Inc., General Contractors, to purchase the Harrison School property, subject to certain conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The offer of Fralin and Waldron, Inc. General Contractors, Roanoke, Virginia, to execute an option to purchase for $40,000 from the City the property and improvements thereon commonly known as the Harrison School, located at 523 Harrison Avenue, N. W., and more particularly described as Official Tax Nos. 2]2]763, 2]2]764 and 2]2]765, such option to remain in effect for a two year period and to be subject to certain provisions and conditions detailed in the offer of said corporation dated January 29, ]982, and described in a report to Council from the City Manager dated February 8, 1982, is hereby ACCEPTED. 2, The City Manager and the City Clerk be, and they are hereby authorized and empowered respectively to execute on behalf of the City and to seal and attest an option to purchase the Harrison School property with Fralin and Waldron, Inc., such option to be subject to the aforemen- tioned conditions, and said option to be approved as to form by the City Attorney. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25918. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) $3,959,952.78 ESAA Special Arts 1981-82 (A354306) (1) .............. 17,393.83 REVENUE Roanoke City School Grants (R354000) $3,959,952.78 ESAA Special Arts 1981-82 (R354306) (2) ............... 17,393.83 (1) Special Events (A35430620012) $1,093.83 (2) Federal Grant Receipts (R35430621) ..... 1,093.83 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25919. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Library (A017300) $ 801,029.00 Library - Extra Help (A017310) (1) ..................... 42,728.00 REVENUE Grants-in-Aid Federal Government (R010700) $4,070,638100 Federal Aid to Libraries (R010720) (2) ................. 20,728.00 (1) Extra Help (A01731010005) $3,528.00 (2) Federal Aid to Libraries (R01072015)--- 3,528.00 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 22nd day of February, 1982. No. 25920. A RESOLUTION authorizing the City Manager to execute the requisite document to enable the City to receive funds to continue the computerization of the holdings of the City Library. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to execute a certain document entitled "Authorization of Expenditure of Federal Aid Funds 1981-1982," as requested in a report from the City Manager to Council dated February 22, 1982, to enable the City to receive funding to continue the computerizatior of the holdings of the City Library, such document to be forwarded to the State Librarian after execution. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25921. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 173 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Water Purification $ 613,358.04 Materials and Supplies (1) ........................... 173,487.35 Utilities and Communications (2) ..................... 49,200.00 Retained Earnings - Unrestricted (3) ................... 13,579,744.62 (1) Chemicals (A02213030051) (2) Electric (A02213031010) (3) Retained Earnings Unrestricted (X02937225) $ 54,000.00 21,000.00 (75,000.00) 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 22nd day of February, 1982. No. 25922. A RESOLUTION fixing the date of a special meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that a special meeting of the Council be held on the 15th day of March, 1982 at 2:30 P.M., in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W., in said City for the purpose of receiving bids on Downtown Street Improvements and Lighting and appointing a bid committee to examine, tabulate, study and report back to Council with an appropriate recommendation with regard to said bids. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25923. AN ORDINANCE accepting bids for furnishing traffic paint and traffic beads 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 proposals of the following bidders as hereinafter set forth, viz: ITEM QUANTITY SUCCESSFUL BIDDER TOTAL PRICE Yellow Traffic Paint in 30 gal. drums (20 second drying) White Traffic Paint in 30 gal. drums (20 second drying) White Traffic Paint in 5 gal. drums No. HD34 Reflective Traffic Beads in 50 lb. bags 2,500 gals. Baltimore Paint & Chemical Co. $ 11,125.00 800 gals. Baltimore Paint & Chemical Co. $ 3,480.00 250 gals. Baltimore Paint & Chemical Co. $ 1,750.00 35,000 lbs. Potter Industries $ 7,938.00 Total be and said proposals are hereby ACCEPTED. 2. The City's Manager of General Services be, and he is hereby authorized and directed to issue the requisite purchase orders for the aforementioned traffic paint and glass beads, said purchase orders to be made and filled in accordance with the City's specifications, the bidders' proposals made therefor and in accordance with this ordinance. 3. The other bids received for the supply of the aforementioned items be, and said bids are hereby REJECTED. 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25924. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Smithey & Boynton, Architects and Engineers, for design services for alterations and additions to Fire Station #3; 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 Smithey & Boynton, Architects and Engineers, for design services for alterations and additions to Fire Station #3, such contract having been authorized by Ordinance No. 25466, adopted January 26, 1981. 2. Change Order No. 1 shall provide for the following changes in the work to be performed CONTRACT AMOUNT $ 15,600.00 Additional basic services per- taining to design of remodeled building and heating system, as more particularly set forth in the report of the City Manager dated February 16, 1982 5,300.00 $ 20,900.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 Additional time resulting from Change Order No. 1 None. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25925. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fire Protection & Prevention $ Fire Station No. 3 (1) ................................. 76,858.54 20,200.00 Public Improvement Bonds Series 1980A 1,329,349.63 Public Buildings (2) ................................... 230,184.00 (1)'Appropriated from Bond Funds (A08120190601) (2) Public Buildings (A08310172602) ..... $ 4,100.00 (4,100.00) 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 February, 1982. No. 25926. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Community Development Block Grant $14,479,384.89 C.D.B.G. (B-81-MC-51'0020) (1-2) ......................... 2,466,777.18 REVENUE Community Development Block Grant $14,479,384.89 C.D.B.G. Other Program Income & Payment (3) ............. 304,301.30 (1) Unprogrammed CDBG - Rehabilitation Loans (A35668100415) (2) Unprogrammed CDBG - Nonsettlement (A35668100416) (3) Other Program Income and Payment (R35666603) $20,182.18 3,595.00 23,777.18 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor !76 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25927. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks Study Grant (H.C.R.$.) (A355101) (1) ................. $44,996.21 REVENUE Parks Study Grant (H.C.R.S.) (A355101) (2) ................. 44,996.21 (1) Fees for Professional Services (A35510120010) .... $(3.79) (2) Grant Receipts (R35510121) (3.79) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 1982. No. 25928. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sanitation Projects Storm Drain Project I (1) ................................ Williamson Road Storm Drain Construction (2) ............. $3,949,696.61 741,925.00 247,915.93 Public Improvement Bonds Series 1980A Storm Drains (3) ......................................... 673,449.63 439,165.63 (1) Appropriated From Bond Funds (A08220191801)--$ 710,000.00 (2) Appropriated From Bond Funds (A08220191101)-- (50,000.00) (3) Storm Drains (A08310172601) (660,000.00) 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 22nd day of February, 1982. No. 25929. AN ORDINANCE accepting the bid of Ramey, Inc. for the construction of Bond Issue Storm Drain Project I, 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Ramey, Inc., made to the City in the total amount of $694,486.00, for the construction of Bond Issue Storm Drain Project I (Hershberger Road, Hazelridge Road to Delray Street and Hubert Road/Whitney Avenue), such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite unit price contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City and to be in such form as approved by the City Attorney. 3. The cost of this project shall be paid from funds heretofore or simultaneously appropriated for this purpose; and the proper City officials shall establish a contingency fund for the project of $15,514.00. 4. The other bids made to the City for this work are REJECTED and the City Clerk is directed to notify each bidder and to express to each the City's appreciation for its bid. The proper City officials shall return the bid and bid bond of Branch & Associates, Inc., which bid was withdrawn pursuant to Section 11-20.2, Code of Virginia (1950), as amended. 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 1st day of March, 1982. No. 25931. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Fifth District Consor- tium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Fifth District Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Fifth District Consortium FY81 $4,388,679.70 Administrative Pool (A348160) (1) ........................... 819,396.80 Title IIAB (A348161) (2-12) ................................. 1,327,401.96 Title IID (A348162) (13) .................................... Title YETP (A348163) (14) ................................... Title YCCIP (A348164) (15) .................................. Title SPEDY (A348165) (16) .................................. Title VI (A348166) (17) ..................................... Title VII (A348167) (18) .................................... Educational Link Coordinator (A348168) (19) ................. 766,730.15 350,899.29 74,415.61 532,377.86 324,899.26 177,511.04 15,047.73 Revenue Fifth District Consortium FY81 $4,373,631.97 Governors Employment & Training Council 15,047.73 Administrative Pool (R348101) (20) .......................... 819,396.80 Title IIAB (R348101) (21) ................................... 1,327,401.96 Title IID (R348101) (22) .................................... 766,730.15 178 YETP (R348101) (23) ...................................... YCCIP (R348101) (24) ..................................... SPEDY (R348101) (25) ..................................... Title VI (R348101) (26) .................................. Title VII (R348101) (27) ................................. Educational Linkages 81-208 (28) ......................... 350,899.29 74,415.61 532,377.86 324,899.26 177,511.04 15,047.73 (1) Unobligated Admin. Pool (A34816099999) $( (2) Salaries (3) Fringes (4) Office Supplies (5) Salaries (6) Fringes (7) Supplies & Materials (8) Salaries (9) Fringes (10) Supplies & Materials (11) Equipment Non-Expendable (12) Unobligated IIAB (13) Unobligated IID (14) Unobligated YETP (15) Unobligated YCCIP (16) Unobligated SPEDY (17) Unobligated Title VI (18) Unobligated Title VII (19) Wages (20) Administrative Pool (21) Title IIAB (22) Title IID (23) YETP (24) YCCIP (25) SPEDY (26) Title VI (27) Title VII (28) Educational Linkages 81-208 470.53) (A34816180801) (5,318.00) (A34816180802) (1,117.00) (A34816180803) ( 200.00) (A34816180901) (1,755.48) (A34816180902) ( 641.24) (A34816180903) ( 27.11) (A34816181001) (3,299.23) (A34816181002) (2,037.42) (A34816181003) ( 79.82) (A34816181004) ( 136.05) (A34816199999) (41,496.59) (A34816199999) (119,703.21) (A34816399999) (17,965.93) (A34816499999) (13,679.34) (A34816599999) (21,422.21) (A34816699999) (4,149.79) (A34816799999) (19,988.15) (A34816880401) (5,738.27) (R34810101) ( 470.53) (R34810161) (56,053.72) (R34810162) (119,703.21) (R34810163) (17,965.93) (R34810164) (13,679.34) (R34810165) (21,422.21) (R34810166) (4,149.79) (R34810167) (19,988.15) (R34820201) ( 5,738.27) 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 8th Day of March, 1982. No. 25930. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amend- ed, and Sheet No. 266 Section 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to cer- tain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have a certain 2.184 acre parcel lying and being at 3361 Melrose Avenue, N. W., and having the Official Tax No. 2660519 rezoned from C-2, General Commercial District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-2, General Commercial District to LM, Light Manufacturing District; the said rezoning to be subject to the conditions proferred by the applicants in their amended application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing was provided for said notice was held on the 1st day of March, 1982, at 2:00 p.m., before the Council of the City of Roanoke, 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 applications, the recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located at 3361 Melrose Avenue, N. W., Roanoke, Virginia, described as a 2.184 acre ~,~ ~ ~ 9AA ~F ~h~ ~n~l 1976 Zone Mao. City of Roanoke. as Official Tax No. for rezoning, jnd that Sheet No. 266 of the aforesaid map be changed in this respect. ATTEST City Clerk APPROVED Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1982. No. 25934. A RESOLUTION amending Resolution No. 25922, adopted February 22, 1982, to expand the business to be conducted at the Special Meeting of the Council of the City of Roanoke on March 15, 1982, at 2:30 p.m. BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 25922, adopted February 22, 1982, to provide for a Special Meeting of Council on March 15, 1982, at 2:30 p.m., is hereby amended to provide that, in addition to those purposes set forth in such resolution, Council shall also receive Bid Committee reports on the Raleigh Court Branch Library Furnishings, the Church Avenue Park Project and the Market Square Lighting and Banner Anchors at such Special Meeting to be held on March 15, 1982, at 2:30 p.m., in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W. APPROVED ATTEST: City Clerk Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1982. No. 25935. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund 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 1981-82 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Non-Departmental $15,840,679.94 Miscellaneous (1) ............................................. 201,091.92 Contingencies (2) ............................................. 346,351.93 REVENUE Miscellaneous Revenue $ 1,366,925.85 Cost Allocation (3) ........................................... 86,146.00 (1) David Griffith & Associates (A01914099919) $12,840.00 (2) Contingency Reserve (A01914032006) 73,306.00 (3) Cost Allocation (R01091040) 86,146.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor 180 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1982. No. 25937. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Fifth District 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 exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Fifth District Consortium Fund Appropriations, be, and the same are hereby, amended and reor- dained, to read as follows, in part: APPROPRIATIONS Fifth District Consortium FY81 $4,518,270.97 Fifth District Consortium F¥82 2,355,473.88 Title IID (A348162) (1) .......................................... 886,433.36 Title VI (A348166) (2) ........................................... 329,049.05 Educational Link Coordinator (A348168) (3) ....................... 20,786.00 Title IIB (A348261) (4-6) ........................................ 1,372,267.72 Title VII (A348267) (7-9) ........................................ 250,700.15 Title YETP (A348263) (10-15) ..................................... 378,488.48 Title SPEDY (A348265) (16) ....................................... - 0 - Administrative Pool (A348260) (17-18) ............................ 330,398.53 REVENUE Fifth District Consortium FY81 $4,497,484.97 Fifth District Consortium FY82 2,331,854.88 Governor's Employment & Training Council 20,786.00 Title IID (R348101) (19) ......................................... 886,433.36 Title VI (R348101) (20) .......................................... 329,049.05 Educational Linkages 81-208 (21) ................................. 20,786.00 Title IIB (R348201) (22-24) ...................................... 1,372,267.72 Title VII (R348201) (25-27) ...................................... 250,700.15 Title YETP (R348201)(28-33) ...................................... 378,488.48 Title SPEDY (R348201) (34) ....................................... - 0 - Administrative Pool (R348201) (35-36) ............................ 330,398.53 (1) Unobligated IID (2) Unobligated Title VI (3) !~ges (4) Unobligated IIB (5) Unobligated (6) Unobligated IIB (7) Unobligated Title VII (8) Unobligated Title VII (9) Unobligated Title VII (10) Unobligated YETP (11) Unobligated YETP (12) Unobligated YETP (13) Unobligated YETP (14) Unobligated YETP (15) Unobligated YETP (A34816299999) (A34816699999) (A34816880401) (A34826199999) (A34826199999) (A34826199999) (A34826799999) (A34826799999) (A3482679999) (A3482639999) (A3482639999) (A3482639999) (A3482639999) (A3482639999) (A3482639999) (16) Unobligated SPEDY (A3482659999) (17) Unobligated Admin. Pool (18) Unobligated Admin. Pool (19) Title IID (20) Title VI (21) Educational Linkages 81-208 (22) Title (23) Title I%B (24) Title liB (25) Title VII (26) Title VI! (27) Title VII (28) YETP (29) YETP (30) YETP (31) YETP (32) YETP (33) YETP (34) SPEDY (35) Admin. Pool (36) Admin. Pool (A3482609999) (A3482609999) (R34810162) (R34810166) (RB4820201) (R34820161) (R34820161) (R34820161) (1134820167) (R34820167) (R34820167) (R34820163) (R34820163) (R34820163) (R34820163) (R34820163) (R34820163) (R34820165) (R34820160) (R34820160) $119,703.21 4,149.79 5,738.27 (29,657.00) (58,953.00) 56,053.72 ( 8,587.00) 19,988.15 9,842.00 (10,000.00) 17,965.93 71,056.00 13,679.34 21,422.21 12,194.00 (12,194.00) 470.53 77,570.00 119,703.21 4,149.79 5,738.27 (29,657.00) (58,953.00) 56,053.72 (8,587.00) 19,988.15 9,842.00 (10,000.00) 17,965.93 71,056.00 13,679.34 21,422.21 12,194.00 (12,194.00). 470.53 77,570.00 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 8th day of March, 1982. No. 25938. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges $3,943,292.17 Campbell Avenue Traffic Reduction (1) ....................... 49,129.00 Capital Improvement Reserve 4,005,861.45 War Memorial (2) ............................................ 2,264.00 Fund Balance Appropriated (3) .................................... 1,461,059.00 (1) Appropriated from General Revenues (2) War Memorial (3) Fund Balance Appropriated (A08210192303) (A08310172510) (X08937210) $ 34,639.00 (3,886.00) 30,753.00 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 8th day of March, 1982. No. 25939. AN ORDINANCE authorizing a certain contract to be entered with Appalachian Power Company for a term of July 1, 1981, to June 30, 1984, establishing electrical rates to be charged to the City for electrical power provided for City buildings and facilities; 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 a written contract with Appalachian Power Company for a term of three years, retroactive to July 1, 1981, and terminating June 30, 1984, providing for such firm's providing electric power for City buildings and facilities according to rates set forth in the City Manager's report of March 8, 1982, and the attachments thereto, copies of which are on file in the Office of the City Clerk, and upon such other terms and conditions as are provided therein. 2. The form of such contract shall be approved by the City Attorney prior to execution by the City Manager. 3. This ordinance shall not be construed as granting any franchise or as granting the City Manager the authority to enter any franchise agreement. 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 15th day of March, 1982. No. 25940. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Recreation $1,275,930.50 Church Avenue Park (1) ..................................... 203,075.00 Capital Improvement Reserve (2) ................................. 3,228,397.82 Fund Balance - Unappropriated (3) ................................ 1,302,520.30 (1) Appropriated From General Fund (A08170190303) $ 188,775.00 (2) Park Improvements (A08310172506) (122,000.00) (3) Fund Balance - Unappropriated (X08937210) (76,775.00) 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 15th day of March, 1982. No. 25941. AN ORDINANCE accepting the bid of Thor, Inc., for construction of the Church Avenue Park Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work, rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Thor, Inc., of Roanoke, Virginia, made to the City, in the total amount of $179,785.00, including Alternates 1, 2, 4 and 6, for construction of the Church Avenue Park Project, Century Project No. 12-94, 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, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Thor, 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. 3. Ail 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 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 15th day of March, 1982. No. 25942. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Other Public Buildings $6,017,809.02 Market Lighting and Anchors (1-2) .................. 65,859.00 Public Improvement Bonds Series 1980A Public Buildings (3) ............................... 641,349.63 202,184.00 Fund Balance - Unappropriated (4) ....................... 1,379,295.30 (1) Appropriated from Bond Funds (A08180191701) (2) Appropriated from General Revenue (A08180191703) (3) Public Buildings (A08310172602) (4) Fund Balance - Unappropriated(X08937210) $ 28,000.00 26,764.00 (28,000.00) (26,764.00) 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 March, 1982. No. 25942. AN ORDINANCE accepting a bid for providing and installing Market Square lighting and Market area banner anchors; authorizing a contract to be entered into for such work; rejecting another bid made to the City for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The base bid including five alternates of Watts and Breakell, Inc., made to the City in the total amount of $52,157.00, for providing and installing Market Square lighting and Market area banner anchors, such bid being in full compliance with the City's specifications made therefor, and as provided in the contract documents offered to said bidder, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Watts and Breakell, Inc. based on its bid made therefor and the City's specifications, said contract to be in such form as is approved by the City Attorney. 3. The other bid made to the City for the aforesaid work is hereby REJECTED, and the City Clerk is directed to notify such bidder and to express the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal governmen! 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 March, 1982. No. 25944. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sec- tions of the 1981-82 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Other Public Buildings Raleigh Court Branch Library (1) ................... Public Improvement Bonds Series 1980A Public Buildings (2) ............................... $6,043,212.02 189,320.00 615,946.63 176,781.00 (1) Appropriated from Bonds Funds (A08180191501) $ 25,403.00 (2) Public Buildings (A08310172602) (25,403.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: Mayor APPROVED City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 1982. No. 25945. AN ORDINANCE accepting a bid for providing and installing furnishings at the Raleigh Court Branch Library; authorizing a contract to be entered into for such work; rejecting other bids made to the City for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of King Business Interiors, Inc., made to the City in the total amount of $24,203.00, for providing and installing furnishings for the Raleigh Court Branch Library, such bid being in full compliance with the City's specifications made therefor, and as provided in the contract documents offered to said bidder, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with King Business Interiors Inc. based on its bid made therefor and the City's specifications, said contract to be in such form as is approved by the City Attorney. 3. 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 22nd day of March, 1982. No. 25932. AN ORDINANCE to add and to amend and reordain certain subsections and sections of Chapter 36, Zoning, of the Code of the City of Roanoke (1979), as amended, to effect certain changes in the zoning regulations of the City pertaining to signs and sign structures. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36-2, Definitions, of Article I, In General, of Chapter 36, Zoning, Code of the City of Roanoke (1979), as amended, be and said section is hereby amended to include, in proper alphabetical order, definitions of the terms "roof sign" and "shopping center", to read and provide as follows: Roof sign: Any sign erected upon or above the roof of a building or structure, or part thereof. Shopping center: A group of commercial establishments, planned, owned and managed as a unit, providing on-site parking in definite relationship to the types and sizes of stores therein. 2. Chapter 36, Zoning, Code of the City of Roanoke (1979), as amended, be amended and said Chapter is hereby amended by the addition of a new section, §36-126, entitled Sign Regulations, to Article III, District Regulations, Division 5, AG Agricultural District, providing for sign regulations in the AG Agricultural District of the City, to read and provide as follows: Section 36-126. Sign re,~ulations. Sign regulations for the AG Agricultural District shall be the same as for RS single family residential districts. 3. Subsection (2) of §36-69, Sign regulations, of Division 2, RS-i, RS-2 and RS-3 Single-Family Residential District and §§36-167,'MaXimumheight of structures, and 36-169, Sign regulations, of Division 7, C-2 General Commercial District, §~36-189, Maximum height of structures, and 36-191, Sign regulations, of Division 8, C-3 Central Business District, s~36-211, Maximum height of structures, and 36-213, Sign regulations, of Division 9, C-4 Central Business Expansion District, §§36-229, Prohibited uses'and structures, 36-233, Maximum height of structures, and §36-235, Sign regulations, of Division 10, IDM Industrial Development District, ~36-255, Maximum height of structures, and §36-257, Sign regulations, of Division 11, LM Light Manufacturing District, and ~§36-276, Maximum height of structures, and §36-278, Sign regulations, of Division 12, HM Heavy Manufacturin~ District, of Article III, District Regulations, and §36-298, Signs Generally, of Division 1, Generally, of Article IV, Supplementary District Regulations, of Chapter 36, Zoning, of the Code of the City of Roanoke (1979), as amended, be and said sections and subsections are hereby amended to read and provide as follows: ARTICLE III. DISTRICT REGULATIONS DIVISION 2. RS-i, RS-2 AND RS-3 SINGLE FAMILY RESIDENTIAL DISTRICTS Section 36-69. Sign regulations. (2) In advertising any property for sale, rent, or lease, signs with a combined total surface area not exceeding five (5) square feet are permitted and, in addition, for each one hundred fifty (150) feet of lot line adjacent to a public street, another five (5) square feet of signs are permitted. No such signs shall be erected within ten (10) feet of any adjacent residential property line. Notwithstanding any other provision of this subsection, in case of a co-li~ting for sale purposes of a parcel of real property by two real estate agents, two signs not to exceed five (5) square feet each shall be permitted whenever this subsection would allow one sign in the case of a sole listing agent, and, upon the sale of a parcel of real property, the selling real estate agent, if different from the listing agent, shall be permitted to erect one sign not to exceed five (5) square feet for not to exceed thirty (30) days which shall not be counted against the signage permitted on a parcel of real estate. DIVISION 7. C-2 GENERAL COMMERCIAL DISTRICT Section 36-167. Maximum height of structures. In the C-2 general commercial district, there are no height limitations for commercial structures, other than those required by the building code, 185 186 except that no ground sign structure shall be over twenty-five (25) feet high, except where the topography of the land would preclude vision of such a sign from automobiles on primary streets or highways abutting the lot upon which the sign structure is located, in which case such ground sign structure shall not be over forty (40) feet high, provided that in no instance shall any such sign structure be higher than twenty-five (25) feet above the level of the abutting street or highway. For high-rise apartments, see §36-422 of this chapter. Section 36-169. Sisn regulations. Sign regulations for the C-2 general commercial district shall be as follows: ~ (a) Not more than two (2) sign structures, which structures shall include a total of not more than three (3) signs with a combined surface area not exceeding one hundred fifty (150) square feet may be erected in any required yard adjacent to a street for up to the first one hundred fifty (150) feet of lot frontage. For each additional seventy-five (75) feet of lot front-age, one additional sign structure and one additional sign may be erected. For each additional three (3) feet of lot frontage after the first one hundred and fifty (150) feet of lot frontage, two (2) additional square feet of sign surface area is permitted. (b) The combined surface area of all signs on a lot, including any signs erected in a required yard, shall not exceed five (5) square feet for each foot of lot frontage for the first one hundred (100) feet of frontage, with an additional two and one- half (2 1/2) square feet of surface area permitted for each foot of lot frontage in excess of the first one hundred (100) feet of lot frontage for up to two hundred (200) feet of lot frontage, and with an additional one (1) square foot of surface area permitted for each one (1) foot of lot frontage in excess of the first two hundred (200) feet of such frontage. For the purpose of computing the combined surface area of all signs permitted on corner lots and through lots, only one lot frontage, as defined in this Chapter, shall be used. (c) Outdoor advertising structures shall not exceed three hundred (300) square feet in surface area, with an additional allowance for embellishments of not more than ten percent (10%) of the sign surface area. (d) In shopping centers, ground signs shall be limited to one (1) sign per street frontage, and wall signs shall be permitted for each establishment therein, subject to such limitations as may be set out in this chapter. (e) In addition to signs enumerated above, one or more signs, with a total combined surface area not exceeding twenty (20) square feet, may be displayed to advertise the premises on which erected for sale, rent or lease. DIVISION 8. C-3 CENTRAL BUSINESS DISTRICT. Section 36-189. Maximum hei~ht'of'structures. In the C-3 central business district, there are no limitations on the height of structures, except as provided by the building code; provided, that no ground sign structure shall be over twenty-five (25) feet high, except where the topography of the land would preclude vision of such a sign from auto- mobiles on primary streets or highways abutting the lot upon which the sign structure is located, in' which case such ground sign structure shall not be over forty (40) feet high, provided that in no instance shall any such sign structure be higher than twenty-five (25) feet above the level of the abutting street or highway. See $36-422 of this Chapter for high-rise apartment provisions. Section 36-191. Si~n regulations. Sign regulations for the C-3 central business district shall be the same as for the C-2 general commercial district. DIVISION 9. C-4 CENTRAL BUSINESS EXPANSION DISTRICT. Section 36-211. Maximum height of structures. In the C-4 central business expansion district, the maximum height of structures shall be one hundred (100) feet, except as otherwise specified; provided that no ground sign structure shall be over twenty-five (25) feet high, except where the topography of the land would preclude vision of such a sign from automobiles on primary street or highways abutting the lot upon which the sign structure is located, in which case such ground sign structure shall 187 abutting street or highway. provisions. See §36-422 of this Chapter for high-rise apartment Section 36-213. Sign regulations. Sign regulations for the C-4 central business expansion district shall be the same as for the C-2 general commercial district. DIVISION 10. IDM INDUSTRIAL DEVELOPMENT DISTRICT. Section 36-229. Prohibited uses and structures. In the IDM industrial development district, the following uses and structures shall be prohibited: (1) Dwellings, except as provided under §36-227. (2) Commercial uses and public or private elementary or high schools. (3) Yards or lots for scrap or salvage operations or for processing, storage, display or sale of any scrap, salvage or secondhand building materials or automobile parts or junk automobiles. (4) Wrecking yards or junkyards. (5) Ail uses not of a nature specifically or provisionally permitted herein, and any use not conforming to the performance standards set forth in division 2 of article IV of this Chapter. (6) Outdoor advertising. Section 36-233. Maximum heightof structures. In the IDM industrial development district, the maximum height of structures shall be one hundred fifty (150) feet except that no ground sign structure shall be over twenty-five (25) feet high, except where the topography of the land would preclude vision of such a sign from automobiles on 'primary streets or highways abutting the lot upon which the sign structure is located, in which case such ground sign structure shall not be over forty (40) feet high, provided that in no instance shall any such sign structure be higher than twenty-five (25) feet above the level of the abutting street or highway. Section 36-235. Sign regulations. In the IDM industrial development district, not more than four (4) separate signs identifying the operation, product or owner shall be permitted. Other- wise, the regulations for the IDM industrial development district shall be the same as for the C-2 general commercial district. DIVISION 11. LM LIGHT MANUFACTURING DISTRICT. Section 36,255. Maximum heightofstructures. In the LM light manufacturing district, the maximum height of structures and ground sign structures shall be the same as for the IDM industrial development district. Section 36-257. Sign regulations. The sign regulations for the LM light manufacturing district shall be the same as for the C-2 district except that outdoor advertising structures shall not exceed six hundred and seventy-two (672) square feet in surface area, with an additional allowance for embellishments of not more than ten percent (10%) of the sign surface area. DIVISION 12. HMHEAVYMANUFACTURING DISTRICT. Section 36-276. Maximum height of structures. In the HM heavy manufacturing district, the maximum height of structures and ground sign structures shall be the same as for the IDM industrial development district. 188 ATTEST: Section 36-278. Sign regulations. Sign regulations for the HM heavy manufacturing district shall be the same as for the LM light manufacturing district. ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS. DIVISION 1. GENERALLY. Section 36-298. Signs 8enerally. (a) Notwithstanding other provisions of this chapter, no outdoor advertising sign or structure making provision for outdoor displays or display space on a lease or rental basis shall be erected: (1) Within two hundred and fifty (250) feet from the boundary line of any residen- tial district (RS-l, RS-2, RS-3, RD, RG-1, and RG-2). (2) Within two hundred and fifty (250) feet from the property line of any public school, library, church sanctuary, museum, or public park. (3) Within two hundred and fifty (250) feet from another such sign on the same side of the same street. (4) Within two hundred and fifty (250) feet from the nearest edge of the right-of-way of 1-581 and the Roy L. Webber Expressway (Southwest Expressway). (5) Within six hundred and sixty (660) feet of the nearest edge of the right-of-way of the Blue Ridge Parkway. (b) Double-decker stacked billboards and double-decker poster boards are prohibited in all districts. (c) Roof signs are prohibited in all districts, except that roof signs identifying a business on the premises where such sign is erected may be erected when the topography of the land would preclude vision of permitted ground or wall signs from automobiles on nearby primary streets or highways serving the business, pro vided that under no circumstances shall any roof sign cause a structure to exceed the maximum height permitted in the particular district. (d) Ail signs shall be erected in conformance and compliance with those portions of Chapter 7, Title 33 of the Code of Virginia (1950), as amended, which by the provisions of that Chapter are made applicable to areas of the City within six hundred sixty (660) feet of the nearest edge of the right-of-way of any interstate or federal- aid primary highway, as defined in Chapter 7. APPROVED City Clerk ~~Vi~c e_Mayor - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1982. No. 25933. AN ORDINANCE providing for the City's lease to the United States of America of land at Roanoke Municipal Airport, Woodrum Field, for a remote transmitting receiver site. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the City's lease to the United States of America of 0.253 acre of land, lying in the City of Roanoke, Virginia, approximately 500 feet south of Piedmont Maintenance Building No. 4, at Roanoke Municipal Airport, Woodrum Field, for a term beginning July 1, 1982 and ending September 30, 1982, with the option afforded the United States of America to renew this lease for yearly terms through September 30, 2007. This lease shall provide that this land shall be leased rent free and that it shall be used for placement of equipment for a remote transmitting receiver. The lease may contain any other provisions that the City Manager may require and be in such form as approved by the City Attorney. APPROVED ATTESTg--~ ~w~ ~,: ~~('-- City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March,~1982. No. 25936. AN ORDINANCE providing for the City's lease of real estate between Norfolk and Sal~em Avenues, S. E., Roanoke, Virginia, to Allright, J & S Parking~Company, Inc., for public parking. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the City's lease to Allright~ J & S Parking Company, Inc. of real estate between Norfolk and Salem Avenues, S. E., Roanoke, Virginia, for a term of thirty months, at a monthly rental of $1,250.00. This lease shall provide that this land shall be used for public parking, may contain any other provisions that the City Manager may require and shall be in such form approved by the City Attorney. APPROVED ATTEST~--~ ~ ~': ~~_~ City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1982. No. 25946. AN ORDINANCE to amend and reordain certain.sections of the 1981-82 Grant Fund 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 1981-82 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) CETA Title II-B LPN 81-82 (1) · CETA Title II-B Geriatric Nursing 81-82~(2) ...................... $3,960,457.78 887.50 360.00 REVENUE Roanoke City School Grants (R354000) CETA Title II-B LPN 81-82 (3) .................................... CETA Titla II-B Geriatric Nursing 81,82 (4) ...................... 3,960,457.78 887.50 360.00 (1) Tuition Fees (A35440520012) $325.00 (2) Tuition Fees (A35440620012) 180.00 (3) Federal Grants Receipts (R35440521) 325.00 (4) Federal Grants Receipts (R35440621) 180.00 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 22nd day of March, 1982. No. 25947. AN ORDINANCE to amend andreordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency.- WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Health and Welfare $9,402,922.73 Title XX (1) ................................................... 185,673.73 Social Services - Services (2) ................................. 3,320,730.00 'REVENUE Charges for Current Services 3,093,036.73 Title XX (3) .................................... f .............. 185,673.73 Grants in Aid Commonwealth 29,795,976.00 Public Assistance (4) .......................................... 5,077,070.00 (1). Employment Services (A01532020066) (2) Purchased Servies (A0153t450033) (3) Title XX (R01082420) (4) Public Assistance (R01061505) 100,000.00 (100,000.00) 100,000.00 (100,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its paspage. APPROVED ATTEST~_~ ~ ~ City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1982. No. 25949. A RESOLUTION accepting the generous gift of First National Exchange Bank on the occasion of the City's Centennial. WHEREAS, Warner N. Dalhouse, Chairman of the Board and Chief Executive Officer of First National Exchange Bank, appeared before this Council on March 15, 1982, and offered on behalf of First National Exchange Bank a corporate gift in the amount of $50,000 such gift to be applied toward the construction of Century Project No. 12-94, a small park on Church Avenue across from Fire Station No. 1; WHEREAS, ~2-263, Code of the City of Roanoke (1979), as amended, requires that gifts to the City in the amount of $5,000 or more be accepted or rejected by resolution of Council; WHEREAS, the aforementioned park project is an important element of the Century Project, a group of capital improvements to be completed during the Centennial celebration of ;i9!_ the City, and the development of such park will compliment the construction of Center in the Square and will have a major impact in the revitalization of Downtown Roanoke; WHEREAS, Council is desirous of accepting this generous gift from a good corporate citizen; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council accepts, on behalf of the City, the generous gift of $50,000 offered by First National Exchange Bank. 2. It is directed that such gift, which will be paid in two installments, shall be applied toward the construction of Century Project No. 12-94 and that, upon completion of such project, a plaque reading as follows shall be installed: Major Elements of this Roanoke City Park were made possible by First National Exchange Bank 1982 3. Council extends its sincerest appreciation, on behalf of this City and its citizens, to First National Exchange Bank for its thoughtful and generous gift on the occasion of the City's Centennial, and Council sends best wishes to the Bank on the occasion of the celebration of its 100th anniversary. 4. The City Clerk is directed to forward an attested copy of this resolution to Warner N. Dalhouse, Chairman of the Board and Chief Executive Officer of First National Exchange Bank. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1982. No. 25950. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects Storm Drain Project II (1-2) ..................................... Southern Hills Storm Drains (3) .................................. $3,994,696.61 54,985.00 127,800.36 Public Improvement Bonds Series 1980A Storm Drains (4) ................................................. 624,349.63 394,165.63 (1) Appropriated from Bond Funds (A08220191901) (2) Appropriated from General Revenue(A08220191903) (3) Appropriated from General Revenue(A08220191203) (4) Storm Drain (A08310172601) 45,000.00 5,000.00 (5,OOO.OO) (45,OOO.OO) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its pgassage. ATTEST: City Clerk APPROVED Vice-Mayor 192 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1982. No. 25951. AN ORDINANCE accepting a bid and awarding a contract for Bond Issue Storm Drain Project II (Northwood Drive and Barnett Road and Woodbridge Avenue and Kay Street); authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of H & S Construction Company for furnishing all tools, labor, machinery and materials necessary to construct the Bond Issue Storm Drain Project II (Northwood Drive and Barnett Road and Woodbridge Avenue and Kay Street), in full accordance with the City's plans and specifications made for said work, for the contract amount of $47,846.85, is hereby ACCEPTED. 2. 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, the requisite contract with the aforesaid successful bidder, such contract to have incorporated therein the City's requirements and plans and specifications made for said work, the bidder's proposal made to the City, the provisions of this ordinance, and to be upon such form as is approved by the City Attorney. 3. Upon satisfactory completion of all said work accepted by the City as meeting all of said specifications, the Director of Finance shall be authorized to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to appropriations heretofore or simultaneously being made by the Council for this purpose. 4. All of the bids made to the City for said work are hereby REJECTED; the City Clerk shall so notify said other bidders and to express the City's appreciation for said bids. 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 Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1982. No. 25952. A RESOLUTION authorizing the City Manager to execute an agreement with the Virginia Housing Development Authority providing for an allocation of $1.1 'million 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. H.B. ~wert, City Manager, be and he is hereby authorized, for and on behalf of the City, to execute a certain Urban Preservation and Infill Program Commitment Agreement with the Virginia Housing Development Authority (¥HDA) providing for the allocation by Vt{DA of $1.1 million in mortgage financing at the rate of 13.7 percent interest for the purchase of properties located within certain qualified census tracts and/or approved areas of chronic economic distress, within the City, as identified in a report of the City Manager to Council dated March 22, 1982; such agreement to be in such form as approved by the City Attorney. 2. Of the $1.1 million in mortgage financing allocated to the City by VHDA, $550,000 shall be reserved for use only in the Gainsboro redevelopment area; the remainder may be used in any qualifying area, including Gainsboro. 3. The City Manager shall have the authority, five months after the adoption of this resolution, to either increase or decrease the amount of funds reserved for the Gainsboro re- development area if the indicated demand for loans demonstrates that there is a need to do so. 4. The City Manager is authorized to cooperate with the VHDA in obtaining recognition as "Areas of Chronic Economic Distress", as defined in the Mortgage Subsidy Bond Tax Act of 1980, for as much of the City as possible, including the Hurt Park and Old Southwest neighborhoods. 5. The City Manager is authorized to cooperate with appropriate neighborhood organizations and the VHDA to select financial institutions to receive and process loan applications as part of the program described above. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of March, 1982. No. 25953. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General, Capital and Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED hy the Council of the City of Roanoke that certain sections of the 1981-82 General, Capital and Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND APPROPRIATIONS Judicial Administration $ 1,677,176.29 Circuit Court (1) ............................................... 43,020.00 Public Safety 12,771,247.50 Police Patrol (2) ............................................... 3,216,885.00 Public Works 10,297,929.25 Street Paving Program (3) ....................................... 1,325,000.00 Refuse Collection (4) ........................................... 1,670,976.00 Health and Welfare 9,378,828.69 Roanoke City Health Department (5) .............................. 573,252.00 Non-Departmental Miscellaneous Refunds (6) ....................................... Transfer to Civic Center Fund (7) ............................... Transfer to Capital Projects Fund (8) ........................... Transfer to Debt Service Fund (9) ............................... 7,045,561.00 Contingency Reserve (10 & 13) ................................... 152,082.00 Capital Reserve (11) ............................................ - 0 - Internal Services 10,652,624.16 Materials Control (12) .......................................... 447,799.00 70,000.00 623,424.00 (103,034.00) CIVIC CENTER FUND APPROPRIATIONS Capital Outlay $ Air Conditioning Chillers (14) .................................. 330,893.00 290,000.00 REVENUE Non-Operating Revenue General Fund Operating Supplement (15) .......................... 630,424.00 623,424.00 CAPITAL FUND APPROPRIATIONS Sanitation Projects 4,149,696.61 Landfill Baler (16) .............................................. 440,466.00 (1) Recovered Cost (A01211080001) (2) Vehicular Equipment (A01311390010) (3) Annual Paving Contract (A01412020081) (4) Fees for Professional Services (A01421020010) (5) Recovered Costs (A01511080001) (6) Miscellaneous Refunds (A01914099915) (7) Transfer to Civic Center Fund (A01931037005) (8) Transfer to Capital Fund (A01931037008) (9) Transfer to Debt Service Fund (A01931037012) (10) Contingency Reserve (A01941032006 $(11,455.00) 160,000.00 800,000.00 (49,315.00) (93,868.00) (25,000.00) 30,000.00 200,000.00 (7OO,OOO.OO) (40,000.00) 194 (11) Capital Reserve (A01941090001) (12) Insurance (A06161335005) (13) Contingency Reserve (A06941032006) (14) Chillers (A05511090201) (15) General Fund Operating Supplement(R05224701) (16) Landfill Baler (A08220193003) (270,362.00) (40,000.00) 40,000.00 30,000.00 30,000.00 200,000.00 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 22nd day of March, 1982. No. 25954. A RESOLUTION allowing the withdrawal of a bid in connection with the Downtown Street Improvements and Lighting Project and rejecting all other bids therefor. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Pursuant to §11-20.2, Code of Virginia (1950), as amended, this Council allows New River Electrical Corporation to withdraw its bid in the amount of $751,617.00, received March 15, 1982, for the Downtown Street Improvements and Lighting Project. The proper City officials shall return to this firm its bid and bid bond. 2. Ail other bids received by the City for this project are hereby REJECTED. 3. The City Clerk is directed to notify all bidders and to express to each the City's appreciation of its bid. 4. The City Manager is authorized to make any changes in the scope of the project deemed advisable and to cause the project to be readvertised for bids. APPROVED ATTEST: City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25948. AN ORDINANCE amending ~11-7, ExemPtions'f~om chapter, subsections (b) and (c) of ~1i-8, Control plan for iand-disturbin8 activity'iGenerally, andlll-12, Same-'Appiicant's'suarantee as to control measures, of Chapter 1i, Erosion'andlSediment Control, of the Code of the City of Roanoke (1979), as amended, to conform the City's erosion and sediment control ordinance to State requirements. BE IT ORDAINED by the Council of the City of Roanoke that §11-7, Exemptions from chapter, subsections (b) and (c) of ~11-8, Control plan for land-disturbin8 activity - Generally, and ~11-12, Same - Applicant's ~uarantee as to control measures, of Chapter 11, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, be and said sections are hereby amended to read and provide as follows: ~11-7. Exemptions from chapter. The provisions of this chapter shall not be construed to apply to the following: (1) Such minor land-disturbing activities as home gardens and individual home repairs and maintenance work. (2) Individual service connections. (3) Construction, installation or maintenance of electric and telephone lines. 195 (4) Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk, provided such land-disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced. (5) Tilling, planting or harvesting of agricultural, horticultural or forest crops, including related operations. (6) Construction, repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company. (7) Preparation for single-family residences separately built on an existing lot of record. (8) Disturbed land areas of less than two thousand (2,000) square feet. (9) Septic tank lines or drainage fields, unless included in an overall plan for a land-disturbing activity relative to other construction. (10) Installation of posts or poles. (11) Emergency work to protect life, limb or property and emergency repairs; provided, that the land area disturbed shall be shaped and stabilized in accordance with the requirements of the city manager. (12) Land-disturbing activities on federal or state lands. (13) Surface or deep mining, or exploration or drilling for oil and gas including the well site, roads and off-site disposal areas. (14) Other minor land-disturbing activities where, in the written opinion of the city manager, erosion and sediment control measures are deemed unnecessary. Bll-8. Control plan for land-disturbing activities - Generally. (b) Ail erosion and sediment control plans required under this chapter shall detail those methods and techniques to be utilized in the control of erosion and sediment. As a minimum, the plan shall follow the format detailed in Chapter 6 of the Virginia Erosion and Sediment Control Handbook (2nd Edition, 1980), as amended from time to time; provided, however, that wherever such information as is required therein duplicates that required under chapters 31 and 36 of this Code, a single submission indicating all required information is acceptable. When any of the information required under this plan is not readily available or necessary for the review of any particul~r~plan, in the opinion of the ~ity manager, its submission may be waived in writing By the city manager. (c) Approved criteria, standards and specifications for control techniques to be utilized in preparing the plan required by this section are set forth in Chapter 3 of the Virginia Erosion and Sediment Control Handbook (2nd Edition, 1980), as amended from time to time, which criteria, standards and specifications are hereby adopted by reference as a part of this chapter and incorporated herein by reference, as if the same were set out herein in extenso. ~11-12. Same - Applicant's guarantee as to control measures. (a) Ail control measures required by the provisions of this chapter shall be undertaken at the expense of the applicant for the permit required by §11-11. Pending actual provision thereof, the developer or subdivider shall execute and file with the city clerk, prior to the issuance of the land-disturbing permit, an agreement, and bond, cash escrow, letter of credit, or any combination thereof, in an' amount determined by the city manager to be equal to the approximate total cost of providing erosion and sediment control improvements, with surety approved by the director of finance and the city attorney, guaranteeing that the required control measures will be properly and satisfactorily undertaken and maintained. Should the developer or subdivider fail, after proper notice, within the time specified, to initiate or maintain the control measures required, then the City may use such surety to undertake action to ensure that such measures are taken and completed. Such bonding may be combined with other performance bonds required in conjunction with chapters 31 and 36 of this Code. (b) Within sixty (60) days of the satisfactory completion of the land- 196 disturbing activity, such bond, cash escrow, or letter of credit or combination thereof, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated, as the case may be. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25955. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Fund 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 1981-82 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) ESEA Title IV-C CAP (1-9) ........................................ CETA Title II-D PSE (10-19) ...................................... CETA Title IV YETP (20-29) ....................................... Transitional Services 80-81 (30) ................................. Safety First 80-81 (31-37) ....................................... Highway Safety 79-80 (38-43) ..................................... ABE/DIAL 80-81 (44-54) ........................................... Special Ed/Vocational 80-81 (55) ................................. $3,894,782.71 85,006.16 154,942.24 166,002.92 3,368.24 11,393.62 10,178.05 71,316.16 6,913.54 REVENUE Roanoke City School Grants (R354000) ESEA Title I¥-C (56) ............................................. CETA Title II-D PSE (57-58) ...................................... CETA Title IV YETP (59-60) ....................................... Transitional Services 80-81 (61) ................................. Safety First 80-81 (62-63) ....................................... Highway Safety (64-65) ........................................... ABE/DIAL 80-81 (66-67) ........................................... Special Ed/Vocational (68-69) .................................... (1) Counselors (2) In-Service Training (3) Fringes (4) Contracted Services (5) Dissemination (6) Supplies (7) Telephone (8) Administrative Travel (9) Instructional Travel (10) Salaries (11) Clerical (12) Operational Services Workers (13) Laborers (14) Aides (15) Administrative Fringes (16) FICA (17) Health Insurance (18) Uniforms (19) Indirect Costs (20) Salaries (21) Wages (22) On-the-Job Training (23) Fringes (24) Supplies (25) Books (26) Administrative Travel (27) Training Travel (28) Services Travel (A35420410030) (A35420410040) (A35420411070) (A35420420010) (A35420420041) (A35420430005) (A35420431005) (A35420433005) (A35420433030) (A35440110002) (A35440110030) (A35440110031) (A35440110032) (A35440110033) (A35440110070) (A35440111010) (A35440111015) (A35440130040) (A35440135040) (A35440210002) (A35440210030) (A35440210040) (A35440211070) (A35440230030) (A35440230047) (A35440233005) (A35440233030) (A35440233031) $3,984,782.71 85,006.16 154,942.24 166,002.92 3,368.24 11,393.62 10,178.05 71,316.16 6,913.54 $ 1,855.24 ( 773.80) 2,303.04 ( 686.78) (1,2oo.oo) ( 686.52) ( 2oo.oo) ( 318.64) ( 286.38) ( 598.98) (11,212.12) (5,322.79) (5,877.12) .63 ( 77.20) (1,440.41) 882.26 (2,804.70) ( 795.33) (6,725.91) (17,240.38) (4,390.84) (1,857.19) ( 122.47) ( 5.09) ( 130.52) ( 382.76) ( 388.53) 197 (29) Indirect Costs (30) Supplies (31) Safety Instructor (32) Safety Aide (33) In-Service Training (34) Fixed Charges (35) Office Supplies (A35440235040) (A35450630005) (A35460110030) (A35460110031) (A35460110040) (A35460110070) (A35460130005) (36) Vehicle Operational Expenses(A35460130030) (37) Audio-Visual Equipment (38) Instructor Salary (39) Trainees Salary (40) In-Service Training (41) Fringes (42) Gasoline (43) Indirect Costs (44) Part-time Admin./Super. Salary (45) Sec./Clerical Asst. Salary (46) Teachers (47) Teacher Aides (48) Administrative Fringes (49) Instructional Employee Fringes (50) Instructional Materials (51) Instructional Equipment (52) Other Materials (53) Administrative Travel (54) Instructional Travel (55) Audio-Visual Aides (56) Local Match (57) Federal Grant Receipts (58) Local Match (59) Federal Grant Receipts (60) Local Match (61) Federal Grant Receipts (62) Federal Grant Receipts (63) Local Match (64) Federal Grant Receipt (65) Local Match (66) Federal Grant Receipts (67) Local Match (68) State Grant Receipts (69) Local Match (A35460130070) (A35460210030) (A35460210031) (A35460210040) (A35460211070) (A35460230030) (A35460235040) (A35470110030) (A35470110031) (A35470110032) (A35470110033) (A35470111070) (2,753.39) ( 111.76) ( 35.03) ( 352.92) ( 53.99) ( 497.04) ( 816.86) (2,00o.00) ( 950.54) ( 220.35) 1,488.95 (1,250.89) ( 230.01) ( 425.00) ( 22.65) ( 2,407.80) 288.84 (2,237.19) 2,992.54 4,016.94 (A35470111071) (1,880.73) (A35470130005) 2,812.47 (A35470130035) (2,296.14) (A35470130070) 365.10 (A35470133005) ( 253.89) (A35470430070) 191.02 (A35470430070) ( 46.46) (R35420431) 6.16 (R35440121) (28,236.43) (R35440131) 990.67 (R35440221) (34,245.14) (R35440231) 248.06 (R35450621) ( 111.76) (R35460121) (2,353.19) (R35460131) (2,353.19) (R35460221) ( 550.37) (R35460231) ( 109.58) (R35460221) 3,644.33 (R35460231) (2,053.17) (R35470425) (2,847.04) (R35470431) 2,800.58 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 April, 1982. No. 25956. AN ORDINANCE approving the City Manager's issuance of Change Order No. 3 to the City's contract with Watts and Breakell for construction of a War Memorial, Project No. 20-18A; 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. 3 to the City's contract with Watts and Breakell for construction of a War Memorial, Project No. 20-18A. performed: Change Order No. 3 shall provide for the following changes in the work to be Provide white concrete for plaza around monuments and for steps which were originally shown as marble Amount of Change Orders 1 & 2 Original Contract Amount Contract Amount including Change Order Nos. 1, 2 & 3 $ 6,691.00 $ 4,928.35 $ 139,700.00 $ 151,319.35 198 Additional time 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 5th day of April, 1982. No. 25957. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Airport Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Airport Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay $5,376,896.58 ADAP Project No. 651004507 (1) ................................... 35,000.00 Due From Federal Government 4,790.364.62 ADAP Project No. 651004507 (2) ................................... 35,170.75 (1) Land Acquisition (A04511091301) (2) ADAP Project No. 651004507 (X04113205) $35,000.00 35,000.00 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 5th day of April, 1982. No. 25958. AN ORDINANCE providing for the amendment of a grant contract with the United States America in connection with ADAP Project No. 6-51-0045-07 to utilize remaining funds to purchase real property necessary for the extension of Runway 5-23 at Roanoke Municipal Airport, Woodrum Field; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, H. B. Ewert, or the Assistant City Manager, W. Robert Herbert, is hereby authorized, for and on behalf of the City to accept, execute and file "Amendment No. 1 to Grant Agreement for Project No. 6-51-0045-07" dated March 12, 1982, provided this instrument be on such form as approved by the City Attorney. This grant amendment shall provide that excess grant funds of approximately $35,000.00, to be derived from funds heretofore or simultaneously appropriated for this purpose, be utilized in part to acquire land from McDowell and Wood, Inc., for the extension of Runway 5-23, at Roanoke Municipal Airport, Woodrum Field. 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 5th day of April, 1982. No. 25959. AN ORDINANCE providing for the amendment of a grant contract with the United States of America ~z Connection with ADAP Project No. 6-51-0045-09 to utilize remaining funds to purchase real property at or near Roanoke .Municipal Airport, Woodrum Field, for safety purposes; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, H. B. Ewert, or the Assistant City Manager, W. Robert Herbert, is hereby authorized, for and on behalf of the City, to accept, execute and file "Amendment No. 1 to Grant Agreement for Project No. 6-51-0045-09," dated March 12, 1982, provided this instrument be on such form as approved by the City Attorney. This grant amendment shall provide that excess grant funds of approximately $72,000.00, to be derived from funds heretofore or simultaneousl~ appropriated for this purpose, be utilized in part to fund the acquisition from Patrick Wingfield and George M. Marshall of land at or near Roanoke Municipal Airport, Woodrum Field, for safety purposes. 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 5th day of April, 1982. No. 25960. AN ORDINANCE providing for the amendment of a grant contract with the Commonwealth of Virginia Department of Aviation in connection with ADAP Project No. 6-51-0045-06, in order to extend the term of this contract; 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, and the City Clerk is authorized to attest "Amendment No. 2 to Grant Agreement for Project No. 0045-06" effective January 1, 1982, provided this instrument be on such form as approved by the City Attorney. This grant amendment shall provide for the extension of the term of this contract covering airport improvement projects until June 30, 1982 in order to allow reimbursement to the City of allowable expenses under the grant. The above City officials are further authorized to execute and attest, respectively, any future similar time-extension contracts with respect to this grant. 2. In order to provide for the usual daily operation of the municipal government, an 2OO 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 5th day of April, 1982. No. 25961. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §22-61.1, Payment of accumulated contributions'after April 1~ 1982, relating to refund after April 1, 1982, of certain accumulated contributions made by members of the Employees' Retirement System; and providing for an emergency. ~. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: §22-61.1. Payment of accumulated contributions after April 1, 1982. (a) Thissection shall apply to the payment.of any "accumulated contributions," as such term is defined in J22-14 of this code, on or after April 1, 1982, and, to the extent of any inconsistency with any other provision of this chapter, this section shall prevail. (b) The Secretary-Treasurer of the Employees' Retirement System shall be authorized to pay to any person entitled thereto who was a member of the system on and after June 1, 1973, any accumulated contributions being held by the system for such person. (c) The existing authority of the Secretary-Treasurer to pay to any person who has no vested allowance or benefit in the system and who has accumulated contributions in his account in such system such accumulated contributions, regardless of whether such person was a member of the system on or after June 1, 1973, shall be unaffected by this section. (d) Interest on accumulated contributions shall be paid at the rate of four percent (4%), compounded annually, to be calculated through March 31, 1982, and no interest shall accrue on any accumulated contributions remaining in the system after such date. (e) Accumulated contributions refundable pursuant to this section shall be paid by the Secretary-Treasurer in the following course: (1) First, to the person who earned the accumulated contributions and on whose behalf such amounts were deducted from compensation; (2) Second, if such person be deceased, to such person as may have been nominated by written designation duly authorized and filed with the Board of Trustees of the system; (3) Third, with respect to any person entitled to accumulated contributions who dies leaving a valid will under the laws of this Commonwealth, then in accordance with such person's will. (4) Fourth, if there be no such designation or record of such designation or valid will, then in accordance with the laws of the Commonwealth of Virginia or other applicable laws. (f) When paid accumulated contributions pursuant to this section, the person entitled to and receiving such contributions shall waive any right to receive the annuity authorized by ~22-61(a) of this code, and such payment of accumu- lated contributions shall extinguish any claim of such person, his agent, his personal representative or other person on his behalf, to receive such accumulated contributions as part of a retirement or death benefit or at the time of retirement or death. 201 (g) The Secretary-Treasurer is authorized to make such inquiries and require such documentation as, in his discretion, is deemed appropriate to ascertain the identity of persons eligible for a refund of accumulated contributions and to insure payment of accumulated contributions to the proper persons. For this purpose, he may require a written receipt or other document acknowledging receipt and correctness of the amount of accumulated contributions paid pursuant to this section. (h) This section shall have no application to persons who died or who retired from City service prior to June 1, 1973, and who had vested benefits in the system at the time of such death or retirement. 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~ ~ 2: ~~-- City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25962. AN ORDINANCE amending and reordaining §22-14, Definitions of Article II, Employees' Retirement System of Chapter 22, PenSions'andlRetirement, of the Code of the City of Roanoke (1979), as amended, to provide that the Sheriff a~d his deputies and employees are excluded from membership in the Employees' Retirement System; directing that certain payments be made to Virginia Supplemental Retirement System on behalf of members of the Sheriff's Department hired on and after July 1, 1981; authorizing an amendment to the contract between the City and the Sheriff to provide that all of the Sheriff's deputies and employees shall be covered by Virginia Supplemental Retirement System; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 22-14, Definitions of Article II, Employees' Retirement System, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 22-14. Definitions. Employee shall mean any officer or employee of the city, except a part-time officer or employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), whether he devotes his whole time or only a part of his time to such employment, and shall include, but shall not be limited to, police and firemen employed on or after the first day of January, 1946; officials selected by the city council or appointed by the city manager; members of any permanent board of real estate assessors and every person employed in connection with the assessment of real estate; every general district court judge and judge of the juvenile and domestic relations district court; every clerk of said courts and every person employed in the service thereof; every officer and other person employed by the school board of the city who is not eligible for membership in the state employees' retirement system of Virginia (provided, however, that secretaries to the superintendent of schools, in service prior to the effective date of Chapter 325 of the Acts of the General Assembly of Virginia of 1942, may become members of this system if prior to September 15, 1950, they elect to later retire under this system and not that of the state, and otherwise comply with the provisions of this chapter); and every other person employed in the service of the city; except the medical examiners of the city and judges of the circuit court of the city; provided, however, that constitutional officers elected by the people of the city, assistants, deputies and employees in said constitutional offices, and employees of the judges of the circuit court, may, at their election, be classified as an "employee" and contribute to and share in the benefits of the system to the extent that their salary is paid by the city and state. The sheriff of the city and all deputies and employees of his office, and their successors and all subsequent 202 employees in said office, are hereby excluded from membership in this system except as provided in section 22-63. In all cases of doubt, the board shall determine who is an "employee" within the meaning of this article, subject, however, to review by the council. 2. The Director of Finance be and is authorized and directed to pay and transfer out of the funds of the Employees' Retirement System those sums, amounts and contributions paid on behalf of the employees of the Sheriff's Department hired on and after July 1, 1981 and required by Virginia Supplemental Retirement System for such employees. The City shall make future payments to Virginia Supplemental Retirement System for such employees on the same basis as payments are made on behalf of other employees of the Sheriff's Department. 3. The City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and attest, respectively, an amendment to the contract dated July 1, 1981, between the City and the Sheriff, such amendment to provide that all members of the Sheriff's Department shall participate in the Virginia Supplemental Retirement System. 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 ATTESTM_~ ~ ~.: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25964. AN ORDINANCE amending subsections (a), (b) And (d) of ~20-89, Penalties for unlawful parking, of Chapter 20, MotOr~VehiCles'and'Traffic, Code of the City of Roanoke (1979), as amended, in order to change the proCedure pursuant to which penalties for parkingviolations are collected, and to whom they are paid; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsections (a), (b) and (d) of ~20-89, Penalties for unlawful parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, be and said sub- sections are amended to read and provide as follows: (a) It shall be unlawful and shall constitute a parking violation, unless otherwise designated as a misdemeanor, for any person to violate any of the provisons of the preceding two (2) divisions of this chapter. (b) Every person receiving written notice from a police officer that he has violated any of the sections of the preceding two (2) divisions of this chapter may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the City Treasurer during the regular working hours of his office or through any other method established by City Council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefor has been received by the City Treasurer, regardless of whether such penalty is paid in person or is mailed. The City Treasurer shall not be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: (1) A penalty of two dollars ($2.00) may be paid for a violation of §20-68 or §20-79, if paid within ten (10) days of the issuance by an officer of a notice officer of a notice of a violation thereof; if paid thereafter, the penalty shall be seven dollars ($7.00). If not paid within ten (10) days, a notice pursuant to M46.1-179.01, Code of Virginia (1950), as amended, 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 seven dollars ($7.00) within five (5) days of receipt of such notice. (2) A penalty of five dollars ($5.00) may be paid for a violation of ~20-65, 20-66, 20-67, 20-69, 20-70, 20-71, 20-72, 20-73, 20-75, 20-80 or 2081, 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 ten dollars ($10.00). If not paid within ten (10) days, a notice pursuant to S46.1-179.01, Code of Virginia (1950), as amended, 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 ten dollars ($10.00) within five (5) days of receipt of such notice. (3) A penalty of ten dollars ($10.00) may be paid for a violation of ~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 fifteen dollars ($15.00). If not paid within ten (10) days, a notice pursuant to §46.1-179.01, Code of Virginia '(1950), as amended, 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. (d) In the event that the City Treasurer is advised that any person desires to contest any parking citation, the City Treasurer shall transmit notice of such fact as soon as possible to the City's Office of Billings and Collection, which shall certify such fact in writing, in an appropriate form, to the clerk of the general district court. 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 Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25965. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Water purification Operating Expense ( 1 & 2 ) ' $612,858.00 (1) Fees for Professional Services (2) Chemicals (A02213020010) $ 3,000.00 (A02213030051) (3,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 20: 204 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25966. A RESOLUTION authorizing the expenditure of $3,000.00 toward a Roanoke County engineering study relating to the proposal to link the Roanoke River with Carvins Cove to improve utilization of the Roanoke Valley's water supply. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The appropriate City officials are authorized and directed to expend up to $3,000.00, to be paid to Roanoke County, Virginia, as the City's share of the cost of an engineering study to be conducted by Hmyes, Seay, Mattern and Mattern, Architects and Engineers, under contract with Roanoke County, Virginia. This study shall explore the feasibility of the proposal to link the Roanoke River with Carvins Cove to improve utilization of the Roanoke Valley's water supply. 2. The City Clerk shall mail an authenticated copy of this resolution to the County Administrator and Clerk of the Board of Supervisors, Roanoke County, Virginia and to the City Clerk for the City of Salem, Virginia. , ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25968. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Fire Protection & Prevention $ 223,572.74 Fire Station No. 3 (1) .......................................... 162,630.00 Public Improvement Bonds Series 1980A 428,516.63 Public Buildings (2) ............................................ 34,351.00 (1) Appropriated From Bond Funds (A08120190601) $ 142,430.00 (2) Public Buildings (A08310172602) (142,430.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 205 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25969. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Inc. for construction of alterations and additions to Fire Station No. 3, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Construction Services of Roanoke, Inc., made to the City for construction of alterations and additions to Fire Station No. 3, including alternates 1 and 2, in the amount of $135,645.00, 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, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with 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, the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Ail 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 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: ~~l~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25970. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects Storm Drain Project VI (1-2) ..................................... Norwood Street Storm Drain (3) .................................... $4,514,696.61 376,294.00 665,057.99 Public Improvements Bonds Series 1980A Storm Drains (4) ................................................. 108,516.63 74,165.63 (1) Appropriated From Bond Funds (2) Appropriated From General Revenues (3) Appropriated From General Revenues (4) Storm Drains (A08220192301) $ 320,000.00 (A08220192303) 40,000.00 (A08220191703) (40,000.00) (A08310172601) (320,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~6%~.--- City Clerk Mayor 206 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 1982. No. 25971. AN ORDINANCE accepting the bid of Mullins & Jones, Inc., for the construction of Bond Issue Storm Drain Project VI and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Mullins & Jones, Inc., made to the City in the total amount of $338,649.75, for the construction of Bond Issue Storm Drain Project VI (Mt. Vernon Road and Windsor Avenue/Sher- wood Avenue/ Brandon Avenue from Langdon Road to Lincoln Avenue/Carlton Road), 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, is hereby ACCEPT- ED. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite unit price con- tract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City and to be in such form as approved by the City Attorney. 3. The cost of this work shall be paid from funds heretofore or simultaneously appropriat- ed for this purpose. The appropriate City officials shall establish a contingency fund with respect to this contract in the amount of $21,350.25. 4. All the 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 its 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 5th day of April, 1982. No. 25972. AN ORDINANCE accepting a bid and awarding a contract for the construction of a 12-inch water main extension on Southern Lane to 01d Rocky Mount Road and an 8-inch water main extension on Southern Hills Drive to Griffin Road; authorizing the proper City officials to execute the requisite contract; rejecting other bids made therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of E. C. Pace Company, Inc., of Roanoke, Virginia, for furnishing all tools, labor, machinery and materials necessary to construct in ninety days a.new 12-inch water main extensio on Southern Lane to Old Rocky Mount Road and a new 8-inch water main extension on Southern Hills Drive to Griffin Road, in full accordance with the City's plans and specifications made for said work, for the total sum of $61,501.00, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite lump sum contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specification made for such work, the terms of the proposal made to the City and to be in such form as approved by the City Attorney. The proper City officials are further authorized to establish a contingency fund in the amount of $3,099.00 with respect to this project, which, along with said contract amount, shall be paid from funds heretofore or simultaneously appropriated for this purpose. 3. Ail other bids made to the City for this work are hereby REJECTED and the City Clerk is directed to so notify the other bidders and to express the City's appreciation for their bids. 207 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 April, 1982. No. 25963. AN ORDINANCE amending and reordaining §82-324, General powers and duties, 2-325, Comprehensive plan - Generai1z, 2-326, same - Surveys and studies during .preparation; general purpose, 2-327, Same ' Procedure for adqp.ting; amending, and 2-328, Same - Legal status, of Article XV, Planning Commission , of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to conform certain provisions of the City Code with State law. BE IT ORDAINED by the Council of the City of Roanoke that ~§2-324, General powers and duties, 2-325, Comprehensive plan - Generally, 2-326, Same - Surveys and studies during preparation; general purpose, 2-327, Same - Procedure for adopting; amending, and 2-328, Same - Legal status, of Article XV, Planning Commission, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, be and they are hereby amended and reordained to read and provide as follows: 82-324. General powers and duties. The Commission shall have the following powers and duties, in addition to those prescribed elsewhere in this Code and by state law, including those set out in 815.1-444, Code of Virginia (1950), as amended. (1) It shall make a study of the subdivision regulations of the city, as set out in chapter 31 of this Code, to assure the orderly subdivision of lands and their development within the city; the Charter and other city ordinances and state statutes of similar purport and design; and from time to time offer such suggestions and recommendations to the council as the study by the commission may reveal to be essential to the attainment of fair, equitable and harmonious ordinances and laws in the premises and to the promotion, preparation, development and preservation of the comprehensive plan and revisions thereof. (2) It may promote public interest in and understanding of the comprehensive plan, and to that end, may publish and dis- tribute copies of the comprehensive plan or of any report and may employ such other means of publicity and education as it may determine. (3) It shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof and shall consult and advise with public officials and agencies, public utility companies, civil, educational, professional and other organizations and with citizens with relation to protecting or carrying out the comprehensive plan. (4) It may control, preserve and care for all historical landmarks now owned or hereafter acquired by the citY; control the design and location of statuary and other works of art, which are or may become the property of the city; and provide for the removal, relocation and alteration of any such works belonging to the city; and make suggestions concerning the design of bridges, viaducts, street fixtures and other public structures and appurtenances. (5) It shall consider all requests for revokable licenses to erect marquees over public ways as provided by ordinance and to promptly make such recommendations to the council in relation thereto as it deems advisable in keeping with the comprehensive plan. 208 ATTEST: (6) In general, the commission shall have such powers as may be necessary to enable it to fulfill its functions, promote planning and carry out the purposes of this article. §2-325. Comprehensive plan - Generally. The commission shall prepare and recommend a comprehensive plan for the physical development of the city in accordance with the requirements of §15.1- 446.1, Code of Virginia (1950), as amended. J2-326. Same - Surveys and studies during preparation; general purpose. In the preparation of a comprehensive plan, the commission shall conduct such surveys and studies as are required by §§15.1-446 and 15.1-447, Code of Virginia (1950), as amended. ~2-327. Same - Procedure fox adopting; amending. The commission shall recommend and the city council shall adopt and amend the comprehensive plan, or parts thereof, in conformance with the procedural requirements set out in Article IV of Chapter 11, Planning, Subdivision of Land and Zoning, of Title 15.1 of the Code of Virginia (1950), as amended. ~2-328. Same - Legal status. Whenever the commission shall have recommended a comprehensive plan or part thereof for the city and such plan shall have been approved and adopted by the city council, it shall control the general or approximate location, character and extent of each feature shown on the plan according to the provisions of ~15.1- 456, Code of Virginia (1950), as amended. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25967. AN ORDINANCE providing for the amendment of the City's lease to Macado's, Inc. of space in the Municipal Parking Garage to include additional space under the lease. 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, and the City Clerk is authorized to attest, an amendment to the City's lease dated August 1, 1978 with Macado's, Inc. covering real estate at ill Church Avenue, Roanoke, Virginia. The amended lease shall provide that Macado's, Inc. shall lease an additional 3,028 square feet in the Municipal Parking Garage, which space is located at 117 Church Avenue (the premise~ shall be upon such form as approved by the City Attorney, may contain such terms and conditions as the City Manager may require and shall contain the following provisions: (a) Macado's, Inc. shall pay to City rent for the premises as follows: $250.00 per month from the effective date of this ordinance to the earlier of August 31, 1982, or the date the pre- mises are opened for business; from the latter date, whichever is employed, through January 31, 1983, $883.17 per month; from February 1, 1983 through August 31, 1983, $1,009.33 per month. Macado's, Inc. should exercise its option to extend the lease for a second five-year term, as set out in the lease, Macado's, Inc. shall pay to City $1,324.75 per month rent for the premises; (b) Macado's, Inc. shall at its own expense perform all necessary interior and exterior improvements with respect to the premises; (c) The terms and conditions of the basic lease dated August 1, 1978 between the City and Macado's, Inc. shall be incorporated mutatis mutandis into the amended lease, except where specifical- ly provided otherwise in the latter document; (d) City will pay to its leasing agent C. W. Francis & Son, Incorporated, a 6% commission on all rentals received by City from Macado's, Inc. with respect to the premises. 2. Upon the effective date of the amended lease, the appropriate City officials are authorized to take any necessary and proper steps to terminate the interim lease dated November 12, 1980 between City and Macado's, Inc. with respect to the premises. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25973. A RESOLUTION providing for certain amendments to the City's Community Development Block Grant Program Citizen Participation Plan. BE IT RESOLVED by the Council of the City of Roanoke that the Citizen Participation Plan for the City's Community Development Block Grant Program, as such Plan was approved by Council by Resolution No. 24803, be and said Plan is hereby amended to provide for those amendments requested in a report from the City Manager to Council dated April 21, 1982, and as set out in a revised Citizen Participation Plan attached to said report. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25974. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund Appropriatioz and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Fire Protection & Prevention Fire Alarms - Hershberger Road (1-2) ............................. Streets and Bridges Hershberger Road (3) ............................................. Due From State Government Fire Alarms Hershberger Road (4) ............................... $ 248,095.19 24,522.45 3,929,804.57 5.66 604,171.35 24,073.00 (1) (2) (3) (4) Appropriated From State Funds (A08120190702) $ 24,073.00 Appropriated From General Revenues Appropriated From General Revenues Fire Alarms- Hershberger Road (A08120190703) 449.45 (A08210191403) ( 449.45) (X08113203) (24,073.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 210 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25977. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tions Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Public Works $4,305,646.00 Refuse Collection (1 & 2) ................................... 1,671,891.00 (1) Vehicular Equipment (A01421090010) (2) Fees for Professional Services(A01421020010) $ 36,000.00 (36,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTESTf-~ ~w~~': ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25978. AN ORDINANCE providing for the purchase of two rear-loading refuse collection bodies, upon certain terms and conditions, by accepting a certain bid made to the City for furnishing and deliver- ing such equipment; rejecting certain 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 A. E. Finley and Associates of Virginia, Inc., made to the City offering to furnish and deliver to the City two (2) new rear-loading 20~cubic yard high compaction refuse bodies at a total price of $36,600.00 is hereby ACCEPTED. 2. The City's Manager of General Services be, and he is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said purchase 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 be and 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. ATTE ST:~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25979. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriations Ordinance, and providing for an emergency. ~EREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sec- tions of the 1981-82 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Motor Vehicle Maintenance (1) ....................................... $ General Fund Contingency Reserve (2 & 3) ............................ Snow Removal (4) .................................................... 965,790.00 219,576.00 162,447.00 REVENUE Non-Revenue Receipts 1,395,152.00 Insurance Recoveries (5) ....................................... 18,557.00 (1) Vehicular Equipment (2) General Fund Contingency Reserve. (3) General Fund Contingency Reserve (4) Snow Removal (5) Insurance Recoveries (A06264190010) $ 28,618.00 (A01941032006) 10,161.00 (A06941032006) (10,161.00) (A01414010016) (10,161.00) (R01100505) 18,457.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25980. AN ORDINANCE providing for the purchase of one new truck cab/chassis for use by the City, upon certain terms and conditions, by accepting a certain bid made to the City for furnishing and delivering such equipment; rejecting certain 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 Magic City Motor Corporation made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one new truck cab/chassis for 12-foot dump body, 27000 GVW, Diesel 636 engine, at a price of $28,617.64 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. Upon delivery to the City of the aforesaid equipment and upon the City's acceptance of the same, the Director of Finance shall be authorized and directed to make requisite payment to the aforesaid successful bidder for the aforesaid purchase price, from funds having been simultaneousl~ or heretofore appropriated for this purpose. 4. The other bids made to the City for the supply of such equipment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. 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 21i ATTEST: 212 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25981. AN ORDINANCE amending and reordaining §22-58, Modification of pension when disability beneficiary is capable of gainfulemployment, of the Code of the City of Roanoke (1979), as amended, to authorize certain inquiries of disability beneficiaries of the Employees' Retirement System as to gainful occupation and income and to require such beneficiaries to provide the requested infor- mation; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 22-58, Modification of pension when disability beneficiary is capable of sainful employment, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 22-58. Modification ofpension when disability beneficiary is capable of gainful emplOyment;inquiries as to gainful employment. (a) Should the Board of Trustees find that any disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his pension and his average final compensation, the Board shall reduce the amount of such beneficiary's pension to an amount which, together with the amount earnable by him, shall equal the amount of his average final compensation. Should the earning capacity of such beneficiary from any gainful occupation be later changed, the amount of his pension may be further modified in a like manner. (b) The Board or the Secretary-Treasurer of the system, upon the authority of the Board, shall be authorized to make such inquiries of persons who are disability beneficiarie: under the system as are necessary to determine whether any such person is engaged or is able to engage in a gainful occupation paying more than the difference between his pension and his average final compensation. Such inquiries shall be answered under oath. Any disability beneficiary may also be required to produce certified tax return and W-2 forms to establish income. If any disability beneficiary should refuse or fail to provide the information required by this section, the Board shall be authorized to terminate such person's benefits until compliance is achieved. 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/~.~~7. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25982. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Sewage Treatment Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily, operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Sewage Treatment Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay Norfolk Avenue Sewer Project (1) ............................ Ore Branch Upper Segment (2) ................................ $3,940,251.97 310,448.12 209,312.96 (1) Norfolk Avenue Sewer Project (A03511091201) $ 36,118.46 (2) Ore Branch Upper Segment (A03511091501) (36,118.46) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of April, 1982. No. 25983. AN ORDINANCE approving the City Manager's issuance of Change Order No. 3 to the City's contract with Preston Carroll Company, Inc. for the construction of the Downtown-Norfolk Avenue Sanitary Sewer Interceptor Replacement Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, on such form as approved by the City Attorney, Change Order No. 3 to the City's contract dated April 19, 1978, with Preston Carroll Company, Inc. for the construction of the Downtown-Norfolk Avenue Sanitary Sewer Interceptor Replacement Project; provided, ~however, the City first receive from Preston Carroll Company, Inc. any such assurances or other documents deemed necessary in this regard by the City Attorney. Change Order No. 3 will cause the contractor to be reimbursed for extra costs associated with an underestimation of the quantity of rock to be removed from the construction site, delays due to utility adjustments and an error on the construction plans; and will extend the contract completion date by 346 days. 2. Change Order No. 3 shall increase the amount due by the City to Preston Carroll Company, Inc. under the above contract by $246,670.98, to be paid from funds heretofore or simultaneously appropriated for this purpose. 3. The appropriate City officials are authorized to take any necessary and proper steps to seek and, if possible, obtain reimbursement from competent governmental agencies for all or part of the amount of Change Order No. 3. 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: ~O~O.---- City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April,~1982. No. 25975. AN ORDINANCE authorizing the City Manager to enter into a lease agreement with the United States Department of Transportation, Federal Aviation Administration, for installation, operation and maintenance on City property of a middle marker facility to serve Runway 33 at Roanoke Municipal Airport; upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to enter into a written lease agreement with the United States Department of Transportation, Federal Aviation Administration, Lease No. DTFAO5-82-L60504, to authorize the installation, operation and maintenance of a middle marker to serve Runway 33 at Roanoke Municipal Airport on a 20 square foot parcel located on City property, Official Tax No. 2141412, for a term of May 1, 1982, to September 30, 1997, with no rental fee, and upon certain other terms and conditions. 2. The form of such lease agreement shall be approved by the City Attorney. APPROVED ATTEST: City Clerk Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1982. No. 25976. AN ORDINANCE providing for the sale or other disposition of certain residential improve- ments owned or to be owned by the City on Lewiston Road, N. W., and Ben Street, N. W., under certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the appropriate City officials are authorized and directed to sell on behalf of the City the residential improvements, owned or to be owned, by the City and located at the following addresses: 4410, 4419, 4425, 4402 and 4348 Lewiston Road, N. W., and 4395 Ben Street, N. W., Roanoke, Virginia. In each such case, the sale of these improvements shall be conditioned upon the City's ownership thereof, the purchaser's removal of the improvements from the lots and clearing and grading the land to its original contour. Otherwise, these sales may be conducted according to such procedure and under such terms and conditions as the City Manager may establish. Funds received from any such sale may be paid into the grant project account from which the City's purchase price for the lot in question originated. Should the City be unableto sell these improvements within a reasonable time, the appropriate City officials are authorized to demolish and remove, or to otherwise remove, this property and to clear and grade the land to its original contour. ATTEST~ ~ ~': ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,' The 26th day of April, 1982. No. 25987. A RESOLUTION authorizing-the City Manager to make application to the United States Department of Housing and Urban Development for an Urban Development Action Grant in connection with the renovation of the Liberty Trust Building, 101 S. Jefferson Street, in the downtown area of the City. BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, or W. Robert Herbert, Assistant City Manager, is hereby authorized and directed to file, for and on behalf of the City of Roanoke, a written application for an Urban Development Action Grant from the United States Department of Housing and Urban Development in the amount of $180,000.00, as further described in a report from the City Manager to Council dated April 26, 1982, to pro- vide partial financing for the renovation of the Liberty Trust Building, 101 S. Jefferson Street, Roanoke, Virginia, such application-to be subject to the terms and conditions set out in the report of the City Manager. APPROVED ATTEST: ~~__ City Clerk Mayor 2_15 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1982. No. 25988. A RESOLUTION prescribing rates and charges for the rental of curb spaces on the streets in the City Market area and providing an effective date for such rates and charges. BE IT RESOLVED by the Council of the City of Roanoke that: 1. From and after July 1, 1982, the rates and charges for the use of the curb spaces on the streets in the City Market area shall be as follows: A. Market Square Spaces Rates Space 40 $25.00 monthly $ 3.00 daily Space 7 $22.00 monthly $ 3.00 daily Spaces 1-6, 36-39, 41-43 $20.00 monthly $ 3.00 daily B. First Street, S. E. (Nelson Street) Rates Space 17 $25.00 monthly $ 3.00 daily Spaces 8, 18, 35 $22.00 monthly $ 3.00 daily Spaces 9, 11-16, 19-24, 26-30, 32-34 $20.00 monthly $ 3.00 daily Spaces 10, 25, 31 $15.00 monthly $ 3.00 daily West Side of First Street, S.E. & East Side of Wall Street Bates Ail Spaces $15.00 monthly $ 3.00 daily West Side of Wall Street (Large Vehicle Spaces) Ail Spaces Rates $ 3.00 daily for vehicles not over 2 tons $ 5.00 daily for vehicles over 2 tons. 2. Nothing in this resolution shall be deemed to amend or repeal the rates and charges established for market stalls by Resolution No. 24332, adopted September 11, 1978, which shall remain in effect, except for curbage fees which are established by the instant resolution. APPROVED ATTEST: ~L~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1982. No. 25989. AN ORDINANCE authorizing the appropriate City officials to enter into a contract with the School Board of the City of Roanoke to provide for consolidation of payroll systems of the City and the School Board; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor and the City Clerk are authorized to execute and attest, respectively, an agreement with the School Board for the City of Roanoke to provide for the consolidation of payroll systems of the City and the School Board as more. particularly set f6rth in a report of 216 the City's Director of Finance dated April 12, 1982. The contract shall provide that the consolldati n of payroll systems will be effective on or about July 1, 1982, but not later than September 30, ~! 1982. The contract shall be in a form approved by the City Attorney and shall contain such other terms and conditions as are deemed appropriate. The City administration is authorized to proceed to take the necessary steps to facilitate and implement the consolidation of payroll systems. 2. In order to provide for the usual daily operation of the municipal corporation, an emergency is deemed to exist, and this ordinance.shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mmyor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1982. No, 25990. AN ORDINANCE providing for the award of a real estate management and leasing contract with respect to the City's vacant retail space in the Municipal and Center-in-the-Square Parking Garages; 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, and the City Clerk is authorized to attest, the requisite real estate management and leasing contract with Hall Associates, Inc. for the leasing and management of the City's vacant retail space in the Municipal and Center-in-the-Square Parking Garages, pursuant to a proposal made to City by Hall Associates, Inc. therefor. This contract shall provide for a three year term renewable upon ninety days notice and for compensation to Hall Associates, Inc., computed on the basis of three percent of any g~os$.rentais.received by the City for management services and three percent of such gross rentals for leasing services, payable monthly. The contract may contain any other provisions that the City Manager should require and shall be in such form as approved by .the City Attorney. 2. The other proposal made to the City for this contract is REJECTED. The City Clerk shall notify the firm making it and express the City's appreciation for this proposal. 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 26th day of April, 1982. No. 25991. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordain- ed, to read as follows, in part: APPROPRIATIONS City Clerk (1) ........................................................... $ City Manager (2) ......................................................... Director of Finance (3) .................................................. Office of Billings and Collections (4) ................................... Commissioner of Revenue (5) ..................................... ~ ......... Treasurer (6) ............................................................ Real Estate Valuation (7) ................................................ Electoral Board (8) ...... -..~ ............................................. Juvenile & Domestic Relations Court (9) .................................. Sheriff (10) ............................................................. Commonwealth's Attorney (11) ............................................. Police Investigation (12) ................................................ 121,200.00 197,903.00 438,749.00 375,615.00 333,447.00 296,599.00 429,506.00 101,955.00 420~092.00 442,639.00 250,406.00 802,042.00 Police Patrol (13) ....................................................... 3,158,877.00 Police Training (14) ..................................................... 82,208.00 Jail (15) ................................................................ 1,410,412.00 Juvenile Detention Home (16) ............. ' ................................ '331,908.00 Outreach Detention (17) .................................................. 80,465.00 Regional Intake (18) ..................................................... 54,275.00' Refuse Collection (19) ................................................... 1,656,891.00 Social Service - Administration (20) ..................................... 343,017.00 Social Service - Services (21) ....................................... · .... 3,300,730.00 Nursing Home (22) ........................................................ 652,906.00 Parks and Recreation (23) ............ , .................................... 714,276.00 City Information Systems (24) ............................................ 791,514.00 Materials Control (25) ................................................... 443,799.00 Communications (26) ...................................................... 527,859.00 Street Maintenance (27) .................................................. 2,729,084.00 Utility Line Services (28) ............................................... 1,360,150.00 Custodial Services (29) ................ ~ ................................. 522,767.00 Grounds Maintenance (30) ................................................. 596,928.00 Motor Vehicle Maintenance (31) ........................................... 920,672.00 Personnel Lapse (32 & 33) ................................................ - 0 - General Fund Contingency Reserve (34 & 35) ............................... 231,139.00 REVENUE Grants-in-aid Commonwealth 29,604,335.00 Commissioner of Revenue (36) ....................................... 116,.175.00 Treasurer (37) ..................................................... 147,020.00 Sheriff (38) ....................................................... 492,286.00 Commonwealth's Attorney (39) ....................................... 231,771.00 Jail (40) ...................... ................ · .......... ' .......... 1,303,605.00 Juvenile Detention Home (41) ..................... ? ................. 288,953.00 Outreach Detention (42) ............................................ 69,215.00 Regional Intake (43) ............................................... 38,807.00 Public Assistance (44) ............................................. 5,016,670.00 (1) Salaries & Wages (2) Salaries & Wages (3) Salaries & Wages (4) Salaries & Wages (5) Salaries & Wages (6) Salaries & Wages (7) Salaries & Wages (8) Salaries & Wages (9) Salaries & Wages (10) Salaries & Wages (11) Salaries & Wages (12) Salaries & Wages (13) Salaries & Wages (14) Salaries & Wages (15) Salaries & Wages (16) Salaries & Wages (17) Salaries & Wages (18) Salaries & Wages (19) Salaries & Wages (20) Salaries & Wages (21) Salaries & Wages (22) Salaries & Wages (23) Salaries & Wages (24) Salaries & Wages (25) Salaries & Wages (26) Salaries & Wages (27) Salaries & Wages (28) Salaries & Wages (29) Salaries & Wages (30) Salaries & Wages (31) Salaries & Wages (32) Personnel Lapse (33) Personnel Lapse (34) General Fund Contingency (35) General Fund Contingency (36) Commissioner Revenue (37) Treasurer (38) Sheriff Reserve Reserve of (A01112010002) $(3,570.00) (A01121110002) (3,200.00) (A01123110002) (12,000.00) (A01123210002) (5,500.00) (A01123310002) ( 725.00) (A01123410002) (4,000.00) (A01123510002) (3,000.00) (A01131010002) (5,000.00) (A01213010002) (3,300.00) (A01214010002) (1,550.00) (A01221010002) ( 330.00) (A01311210002) (14,500.00) (A01311310002) (58,000.00) (A01311510002) ( 300.00) (A01331010002) ( 600.00) (A01332010002) (1,370.00) (A01333010002) ( 367.00) (A01334010002) ( 367.00) (A01421010002) (15,000.00) (A01531110002) ( 100.00) (A01531410002) (15,000.00) (A01534010002) (12,000.00) (A01711010002) ( 300.00) (A061601!0002) (43,300.00) (A06161310002) (4,000.00) (~06161910002) ( 400.00) (A06262110002) (14,000.00) (A06262510002) (16,000.00) ~(A06263210002) (23,000.00) (A06263510002) (37,000.00) (A06264110002) (16,500.00) (A01941010025) 87,652.00 (A06941010025) 84,600.00 (A06941032006) (A01941032006) -. 69,600.00 (58,037.00) (R01061015) ( 725.00) (R01061020) (4,000.00) (ROi061010) (13,950.00) 218 (39) Commonwealth's Attorney (40) Jail (41) Juvenile Detention Home (42) Outreach Det. (43) Regional Intake (44) Public Assistance (R01061005) (R01063007) (2,970.00) (5,400.00) (R01063025) (2,730.00) (R01063030) ( 733.00) (R01063020) ( 733.00) (R01061505) (60,400.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTESTF_~ ~ d: ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of April, 1982. No. 25994. A RESOLUTION commending and extending appreciation to the City's representatives to the 1982 Session of the General Assembly for their support of and work on behalf of the City's 1982 Legislative Program and also thanking the City's representatives for their consideration of the City's position on various bills introduced during the 1982 Session. WHEREAS, the 1982 Legislative Program of the City was highly successful; WHEREAS, the City Attorney has reported that our !egislators were most responsive and supportive of the City's position, and the City Attorney has further reported that our representa- tives to the General Assembly were most helpful to him in performing his role as legislative liaison; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this means of recognizing and commending the City's legislators for their able and effective representation of the City and its citizens at the 1982 Session of the General Assembly, and Council expresses to the Honorable Ray L. Garland, Member, Senate of Virginia, the Honorable A. Victor Thomas, Member, House of Delegates, and the Honorable Clifton A. Woodrum, III, Member, House of Delegates, its sincere thanks and deep appreciation for their responsiveness to the legislative needs of the City and its citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to the City's representatives to the 1982 Session of the General Assembly. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 25984. AN ORDINANCE to amend Section 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 228, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have the property described as follows, to-wit: BEGINNING at a point on the southerly side of Hershberger Road, N. W., at the northwesterly corner of the property owned by Airlee Court Baptist Church (Deed Book 1174, page 43, and Deed Book 878, page 250); thence with the lines of the said Airlee Court Baptist Church property, S. 20 deg. 53' 50" E. 241.83 feet to a point; thence N. 69 deg. 06' 10" E. 72.0 feet, more or less, to a'point; thence S. 34 deg. 53' E. 100.0 feet, more or less, to a point; thence S. 55 deg. 07' W. 280.00 feet, more or less, to a point; thence N. 34 deg. 53' W. 47.0 feet, more or less, to a point; thence $. 55 deg. 07' W. 145.0 feet, more or less, to a point; thence N. 34 deg. 53' W. 247.0 feet, more or less, to a point; thence S. 72 deg. 57' W. 14.30 feet to a point; thence N. 34 deg. 53' W. 184.22 feet to a.point on Hershberger Road; thence with the southerly side of Hershberger Road, the following five '(5) courses and distance: N. 75 deg. 43' 18" E. 85.93 feet to a point; N. 73 deg. 51' 33" E. 50.00 feet to a point; N. 70 deg. 31' 35" E. 122.84 feet to a point; N. 73 deg. 46' 11" E. 77.88 feet to a point; thence with a curved line to the left, whose radius is 2896.79 feet, and whose chord bearing is N. 70 deg. 18' 24" E., an arc distance of 108.88 feet to the place of BEGINNING, and being the northerly portion of Official Tax No. 2280601 rezoned from C-i, Office and Institutional District, to C-2, General Commercial District: and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-i, Office and Institutional District, to C2, General Commercial District; and the said rezoning to be subject to the conditions proffered by the applicants in their amended application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively , by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 26th day of April, 1982, at 2:00 p.m., before the Council of the City of Roanoke, 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 recon~nendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning and Sheet No. 228 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: to'wit: Property located on the southerly side of Hershberger Road, N. W., described as follows, BEGINNING at a point on the southerly side of Hershberger Road, N. W., at the northwesterly corner of the property owned by Airlee Court Baptist Church (Deed Book 1174, pg. 43, and Deed Book 878, pg. 250); thence with the lines of the said Airlee Court Baptist Church property, S. 20 deg. 53' 50" E. 241.83 feet to a point; thence N. 69 deg.~ 06' 10" E. 72.0 feet, more or less, to a point; thence S. 34 deg. 53' E. 100.0 feet, more or less, to a point; thence S. 55 deg. 07' W. 280.00 feet, more or less, to a point; thence N. 34 deg. 53' W.' 47.0 feet, more or less, to a point; thence S. 55 deg. 07' W. 145.0 feet, more or less, to a point; thence N. 34 deg. 53' W. 247.0 feet, more or less, to a point; thence S. 72 deg. 57' W. 14.30 feet to a point; thence N. 34 deg. 53' W. 184.22 feet to a point on Hershberger Road; thence with the southerly side of Hershberger Road, the following five (5) courses and distances: N. 75 deg. 43' 18" E. 85.93 feet to a point; N. 73 deg. 51' 33" E. 50.00 feet to a point; N. 70 deg. 31' 35" E. 122.84 feet to a point; N. 73 deg. 46' 11" E. 77.88 feet to a point; thence with curved line to the left, whose radius is 2896.79 feet, and whose chord bearing is N. 70 deg. 18' 24" E., an arc distance of 108.88 feet to the place of BEGINNING, and being the northerly portion of Official Tax No. 2280601 designated on Sheet 228 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2280601 be, and is hereby, changed from C-l, Office and Institutional District, ~to C-2, General Com- mercial District, subject to the conditions.proffered by and set forth in the applicant's amended application for rezoning, and that Sheet No. 228 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor 219 220 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 25985. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No.~412, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have certain tracts of land containing 0.5969 acres, located between Jamison Avenue, S. E., and Bullitt Avenue, S. E., in the vicinity of 9th Street, $. E., and designated on Roanoke City Appraisal Map'as official Tax No. 4120604, 4120605, 4120616, 4120617, and 4120618, and being further described as Lot numbers 5, 6, 16, 17, and 18, Block 18, of Belmont Subdvision rezoned from RG-2, General Residential District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RG-2, General Residential District, to C-2, General Commercial District; the said rezoning to be subject to the conditions proffered by the applicants in their amended application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 26th day of April, 1982, at 2:00 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by 'the Council of the City of Roanoke that Sections36-3 and 36-4, Code of the City of Roanoke (1979), as amended,.relating to Zoning, and Sheet No. 412 of the Sectional 1976 Zone PEp, City of Roanoke, be amended in the fOllowing particular and no other, viz: Property located between Jamison Avenue, S. E., and Bullitt.Avenue, $. E., in the vicinity of 9th Street, S. E., and containing two parcels of land described as follows: PARCEL NO. 1 BEGINNING at a point on the south side of Jamison Avenue (Va. Route 24) at a point 160.00 feet west of 9th Street; Thence leaving Jamison Avenue and with the Fred G. Lynch Sheet Metal Co., Inc., property, S. 16 deg. 42' 46" E. 130.00 feet to the north side of an alley; Thence with the north side of the alley, S. 73 deg. 17' 47" W. 80.00 feet to an iron pin set, a corner to Andrew J. Cook; Thence with the Andrew J. Cook property N. 16 deg. 42' 46" W. 130.00 feet to an iron pin set on the south side of Jamison Avenue; Thence with Jamison Avenue N. 73 deg. 17' 47" E. 80.00 feet to the point of BEGINNING, and being Lots 5 and 6, Block 18, Belmont Land Company and also as shown on Official Survey S. E. #8 of City of Roanoke, Viriginia and being parcels "C" and "G" as shown on map made by T. P. Parker & Son, Engineers & Surveyors, Ltd., dated January 22, 1982, and revised April 1, 1982. PARCEL NO. 2 BEGINNING at an iron pin set on the north side of Bullitt Avenue, at a point 80.00 feet west of 9th Street; Thence with the north side of Bullitt Avenue, S. 73 deg. 17' 02" W. 120.00 feet to an iron pin set, a common corner with N. E. Preas, Jr.; Thence leaving Bullitt Avenue and with N. E. Preas, Jr., N. 16 deg. 42' 46" W., 130.00 feet to an iron pin set on the south side of an alley; Thence with the south side of the alley, N. 73 deg. 17' 02" E. 120.00 feet to an iron pin set, a common corner with John E. Thornhill; Thence leaving the alley and with the John E. Thornhill property, S. 16 deg. 42' 46" E. 130.00 feet to the point of BEGINNING and being Lots 16, 17, and 18, Block 18, Belmont and also as shown on Official Survey, S. E. #8 of City of Roanoke, Virginia and being parcels "D", "E", and "F" as shown on map made by T. P. Parker & Son, Engineers & Surveyors, Ltd.; dated January 22, 1982, and revised April 1, 1982. and designated on Sheet 412 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No.(s). 4120604, 4120605, 4120616, 4120617 and 4120618 be, and is hereby, changed from RG-2, General Resident- ial District, to C-2, General Commercial District, subject to the conditions proffered by and set forth in the applicant's amended application for rezoning, and that Sheet No. 412 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor 221 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 25986. AN ORDINANCE permanently vacating, discontinuing and closing two hundred feet of alley on the west side of 9th Street, S. E., lying between Bullitt Avenue, S. E. and Jamison Avenue, S. E., in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Boddie-Noell Enterprises, Inc.,'has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described alley, which is more particularly described hereinafter; and WHEREAS, Boddie-Noell Enterprises, Inc., did on March 3, 1982, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of his applica- tion to the Council by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), and at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application a~.reo~.ed to Council; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on April 7, 1982, reported to Council and recommended that the hereinafter described alley be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on April 26, 1982, at 2:00 p.m., after due and timely notice thereof by publication in The Roanoke Times & World-News, 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 hereinafter described alley 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 for permanently vacating, discontinuing, and closing said alley, as requested by Boddie-Noell Enterprises, Inc., and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley situate in the City of Roanoke, Virginia, and more particularly described as follows: BEGINNING at a point on the west side of 9th Street, S. E., and at the intersection with south side of a 10 ft. wide alley, said point being 140.15 feet southerly from the south side of Jamison Avenue, S. E., and being the northeast corner of Lot 20, Block 18, Belmont; Thence with the southerly side of said 10 ft. alley and the northerly line of Lots 20, 19, 18, 17, and 16, S. 73 deg. 17" 02" W. 200.00 feet to a point, said point being the northerly common corner to Lots 15 and 16; Thence leaving the southerly line of the alley, N. 16 deg. 42' 46" W. 10.20 feet to a point in the northerly line of the alley, said point being the southerly common corner to Lots 5 and 6; Thence with the northerly line of the alley and the southerly line of Lots 6, 7, 8, 9, and 10, N. 73 deg. 17' 47" E. 200.00 feet to a point, said point being on the west side of 9th Street, S. E. and the southeast corner of Lot 10; Thence with the west line of 9th Street, S. E., S. 16 deg. 42' 46" E. 10.15 feet to the point of BEG!NN%NG and containing 0.047 acres and being a portion of the 10 foot alley as shown on Block 18, Map of Belmont, as shown on the Official Survey S. E. No. 8 of the City of Roanoke and as shown on a map made by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated January 22, 1982. 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 lcoated in or across said alley, together with the right of ingress or egress for the maintenance of such lines, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described alley 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 alley on all maps and plats on file in his office on which said alley is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of Boddie-Noell Enterprises, Inc., and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: ~~ City Clerk Mayor 222 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 25992. AN ORDINANCE permitting the encroachment of a canopy to be erected at the entrance to the Liberty Trust Building, 101 South Jefferson Street, over the public sidewalk in front of such building, to a line not greater than two feet from the adjacent curb line, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted MFW Associates, its assigns or successors in interest, owner of the Liberty Trust Building, 101 South Jefferson Street, to construct and maintain a certain canopy extending from the building on the said property over and across the sidewalk area adjacent to said building and to a line not nearer than two feet from the adjacent curb line of South Jefferson Street, said canopy to be constructed and maintained in conformance with the provisions of Chapter 27, Code of the City of Roanoke (1979), as amended, and to be in accordance with the plans for such canopy f%led with the owner's application to the City, dated March 11, 1982, and thereafter approved by the Planning Commission. 2. Council reserves the right to cause the aforesaid encroachment to be discontinued at any time for good cause and at the expense of the then owner of the property at 101 South Jefferson Street. 3. The permittee shall provide the City Clerk with a certificate of insurance, naming the City of Roanoke as an additional insured, providing liability insurance in the amount of at least $50,000 for injury to or death of one person, at least $100,000 for injury to or death of two or more persons, and at least $10,000 for property damage. The said certificate shall contain a provision that coverage will not be cancelled or materially altered except after thirty (30) day's written notice to the City. 4. The permittee agrees that it, its officers, agents, assigns, or successors in interest shall indemnify and hold harmless the City of Roanoke from any and all claims, legal actions and judgments advanced against the City and for any expenses the City may incur in this regard, arising out of the encroachment permitted hereby over apublic sidewalk. 5. The City Clerk shall transmit an attested copy of this ordinance to the permittee. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed and' attested by a duly authorized officer of the permittee, has been filed with the City Clerk, and the proper building permit has been obtained from the Building Commissioner. ATTEST: City Clerk APPROVED Ma~or '~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 25993. AN ORDINANCE accepting a bid for certain concession privileges to be exercised at Carvins Cove, upon certain terms and conditions; and directing the execution of the requisite contract therefor. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of C. B. Clemmer of Roanoke, Virginia, for concession privileges at Carvins Cove for the period April 1, 1982 to March 31, 1983, including an option to renew such contract for an additional two (2) years, for an annual fee of $200.00 is hereby ACCEPTED. Said option to renew is subject to the City Manager's determination that, in his sole discretion, the concession vendor has conducted the concession in a manner which reflects credit upon the City of Roanoke. 2. The City Manager or the Assistant City Manager is hereby authorized and directed for and on behalf of the City of Roanoke to enter into and execute the requisite contract in writing with the aforesaid concessionaire respecting the concession privileges at Carvins Cove. Such contract shall include all the terms, provisions and conditions contained in the City's bid specification notice and such other reasonable terms and conditions as directed by the City. Such contract shall be approved as to form by the City Attorney. APPROVED ATTESTf~_~ ~ ~' Mayor 223 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 25995. AN ORDINANCE to amend and reordain Section 13-1, Definitions, of the Code of the City of Roanoke (1979), as amended, to add a new definition of "restaurant"; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 13-1, Definitions, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 13-1. Definitions. The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this section: "Restaurant" means any one of the following: (1) Any place where food is prepared for service to the public on or off the premises, or any place where food is served. Examples of such places include but are not limited to lunchrooms, short order places, cafeterias, coffee shops, cafes, taverns, delicatessens, regardless of whether food is prepared for consumption on or off the premises, dining accommodations of public or private clubs, kitchen facilities of hospitals and nursing homes, and dining accommodations of public and private schools and colleges. Excluded from the definition are places manufacturing packaged or canned foods which are distributed to grocery stores or other similar food retailers for sale to the public. (2) Any place or operation which prepares or stores food for distribution to persons of the same business operation or of a related business opera- tion for service to the public. Examples of such places or operations include but are not limited to operations preparing or storing food for catering services, puschart operations, hotdog stands, and other mobile points of service. Such mobile points of service are also deemed to be restaurants unless the point of service and of consumption is in a private residence. 2. In order to provide for the preservation of the public health, 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 May, 1982. No. 25996. A RESOLUTION requesting the General Assembly to amend Section 15.1-36.2, Code of Virginia (1950), as amended, the "Local Option Bill," so as to cure constitutional defects noted by the Attorney General in his Opinion of February 9, 1982. WHEREAS, the 1978 Session of the General Assembly adopted Section 15.1-36.2, Code of Virginia (1950), as amended, which become known as the "Local Option Bill;" WHEREAS, the local option legislation permitted localities to establish human services delivery systems which prior to adoption of the local option legislation were prohibited by State law and administrative regulations; WHEREAS, pursuant to the local option legislation, many localities, including the City of Roanoke, expended considerable time, effort and money in exploration of ways to more efficiently deliver human services; WHEREAS, on February 9, 1982, The Honorable Gerald L. Baliles, Attorney General, in an Opinion to The Honorable Joseph V. Gartlan, Member, Senate of Virginia, ruled that the local option legislation is unconstitutional insofar as it permits local governing bodies to reorganize their human services programs in ways that would otherwise conflict with existing laws, rules or regulations without the specific approval of the General Assembly; 224 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The local option legislation is commended as an important and exellent legislative innovation which would permit local governments to reorganize human services delivery systems so as to meet peculiar local needs and promote efficiencies. 2. The General Assembly is implored to explore amendments to Section 15.1-36.2, Code of Virginia (1950), as amended, to cure the constitutional defects cited by the Attorney General and to enact the necessary amendatory legislation at the 1983 Session of the General Assembly. 3. The City Clerk is directed to forward an attested copy of this resolution to The Honorable Ray L. Garland, Member, Senate of Virginia, The Honorable A. Victor Thomas, Member, House of Delegates, The Honorable Clifton A. Woodrum, III, Member, House of Delegates, The Honorable Joseph V. Gartlan, Jr., Member, Senate of Virginia, and The Honorable Frank Slayton, Member, House of Delegates, original patrons of the local option legislation, and to the Virginia Mu~ icipal League. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 25998. A RESOLUTION waiving the standard rental fee for use of a City facility. WHEREAS, by Resolution No. 24982, dated January 28, 1980, this Council established a policy with respect to waiver of rental fees for use of City facilities and property by.certain organizations; WHEREAS, the applicant organization has represented that it is an organization qualified for waiver of rental fees pursuant to the provisions of paragraph 2 of Resolution No. 24982; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: ]. Festival in the Park, Inc. shall be authorized use of Victory Stadium, with waiver of the standard rental fee, on May 29 and 30, 1982. 2. The applicant organization shall comply with all the terms and conditions of Resolution No. 24982, dated January 28, 1980. APPROVED ATTEST: ~ ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 26000. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Fifth District 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 1981-82 Fifth District Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 225 APPROPRIATIONS Fifth District Consortium 10/1/81 to 9/30/82 (A348200) $2,355,473.88 Administration Pool (51-2-204-05) (1) .................... 572,756.53 Title liB (51-2-204-10)'(2) .............................. 1,201,344.72 YETP (51-2-204-48) (3) ................................... 334,279.48 Title VII (51-2-204-27) (4) .............................. 222,974.15 REVENUE Fifth District Consortium 10/1/81 to 9/30/82 (R348200) $2,331,854.88 Administration Pool (51-2-204-05) (5) .................... 572,756.53 Title IIB (51-2-204-10) (6) .............................. 1,201,344.72 YET? (51-2-204-48) (7) ................................... 334,279.48 Title VII (51-2-204-27) (8) .............................. 222,974.15 (1) Unobligated Admin. Pool (A34826099999) 242,858.00 (2) Unobligated IIB (A34826199999) (170,923.00) (3) Unobligated YET? (A34826399999) ( 44,209.00) (4) Unobligated Title VII (A34826799999) ( 27,726.00) (5) Administration Pool (R34820160) 242,858.00 (6) Title IIB (R34820161) (170,923.00) (7) YETP (R34820163) (~ 44,209.00) (8) Title VII (R34820167) ( 27,726.00) 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 3rd day of May, 1982. No. 26001. AN ORDINANCE providing for the purchase of certain vehicles for use by the City, upon certain terms and conditions, by accepting a certain 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. of Roanoke, Virginia made to the City offering to furnish and deliver to the City 16 new marked 4-door sedan police vehicles for the total sum of $151,424.00 is hereby accepted; 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefore, including in the 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; and 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 226 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 26002. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Fund 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 1981-82 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Department of Labor Grants (A357000) JOMP Title II-B 9/81 (1-9) ............................. Program Agent Title II-D 9/81 (10-17) .................. Title VI - Historical Transportation (18-29) ........... Title VI Library Inventory (30) ........................ Title VI Elderly Outreach (31) ......................... Title VI Parent Aide (32) .............................. $ 271,102.43 91,435.76 94,693.61 45,942.01 5,108.95 17,798.25 16,123.85 REVENUE Department of Labor Grant (R357000) $ 271,102.43 JOMP (33) .............................................. 91,435.96 FDETC - Program Agent (34) ............................. 176,560.39 Local Match (35) ....................................... 3,106.28 (1) Salaries & Wages (Adm.) (A35716710001) (2) Salaries & Wages (Services) (A35716710002) (3) Fringe Benefits (Adm.) (A35716710017) (4) Fringe Benefits (Services) (A35716711029) (5) Stationary & Office (Services) (A35716730004) (6) Stationary & Office (Adm.) (~7) Utilities (Adm.) (8) Utilities (Services) (9) Travel & Education (10) Salaries & Wages (Adm.) (11) Salaries & Wages (PSE) (12) Fringe Benefits (Adm.) (13) Fringe Benefits (PSE) (14) Stationary & Office (15) Physicals (16) Telephone (17) Insurance (18) Salaries & Wages (Adm.) (19) Salaries & Wages (Proj.) (20) Salaries & Wages (Services) (21) Fringe Benefits (Adm.) (22) Fringe Benefits (Proj.) (23) Fringe Benefits (Services) (24) Stationary & Office (25) Physicals (Services) (26) Telephone (27) Telephone (Services) (28) Tuition & Training (29) Insurance (30) Expenditures 6/81 (31) Expenditures 6/81 (32) Expenditures 6/81 (A35716730005) (A35716731010) (A35716731015) (A35716733005) (A35757710001) (A35757710002) (A35757711017) (A35757711029) (A35757730005) (A35757730025) (A35757731005) (A35757735005) (A35758210001) (A35758210002) (A35758210003) (A35758211017) (A35758211029) (A35758211031) (A35758230005) (A35758230025) (A35758231005) (A35758231007) (A35758233005) (A35758235005) (A35758399901) (A35758499901) (A35758599901) (33) Fifth District Consortium - JOMP (R35700102) (34) FDETC - Program Agent 9/81 (R35700502) (35) Local Match (R35700531) $ 159.91 1,919.87 ( 58.21) (4,251.49) ( 222.10) ( 167.50) ( 25.20) ( 230.74) ( 465.98) (1,170.38) (122,867.68) ( 437.79) (31,680.17) ( 76.08) ( 137.00) ( .30) ( 340.71) (1,063.16) (30,881.23) ( 442.47) ( 301.65) (10,987.22) ( 144.59) ( 7.32) ( .50) ( .86) ( 9.30) ( 9.28) ( lil.4i) ( 12,572.05) (24,724.75) (56,757.15) (3,341.44) (297,829.33) 3,106.28 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 26003. AN ORDINANCE accepting the bid of Lanford Brothers Company, Inc., for asphalt pavement profiling of various streets within the City; authorizing the proper City officials to execute the requisite contract; rejecting other bids received for said work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Lanford Brothers Company, Inc., for asphalt pavement profiling of various streets within the City, in accordance with the City's plans and specifications, at a unit price of $1.41 per square yard is ACCEPTED, the total amount of the contract to be $35,000.00. 2. The City Manager or the Assistant 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, the requisite contract with the successful bidder, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specification. made for said work; said contract to be upon form approved by the City Attorney, and the cost of the work, when completed, to be paid out of funds appropriated by the Council for the purpose. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVEb Mayor IN THE COUNCIL OF T}~ CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1982. No. 26004. AN ORDINANCE accepting the joint proposal of Adams Construction Company (and Subsidiary) and Virginia Asphalt Paving Company, Incorporated, for the paving of streets at various locations in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting other bids received for said work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The joint proposal made by Adams Construction Company (and Subsidiary) and Virginia Asphalt Paving Company, Incorporated for the paving of streets at various locations throughout the City, in accordance with the Virginia Department of Highways and Transportation's specifications and the City's plans and specifications, be ACCEPTED at the unit prices contained in the bid committee report attached to a report of the City Manager dated May 3, 1982 on this subject, the total amount of the contract not to exceed $765,000.00. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest the requisite contract with Adams Construction Company (and Subsidiary) and Virginia Asphalt Paving Company, Incorporated, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for such work; said contract to be upon such form approved by the City Attorney, and the cost of the work, when completed, to be paid out of funds appropriated by Council for the purpose. 3. Ail other bids made to the City for the paving of various streets in the City are hereby REJECTED; the City Clerk shall so notify all said other bidders and express to each the City's appreciation of said bids. 4. 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: ~~bx.~ City Clerk APPROVED Mayor 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th day of May, 1982. No. 25997. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a deed of easement to the Appalachian Power Company. BE IT ORDAINED by the Council of the City of Roanoke that the proper City ,officials are hereby authorized and directed, for and on behalf of the City, to execute and deliver an indenture to the Appalachian Power Company~ conveying unto this Company a rightofway and easement, with the right, privilege and authority to said Company, its successors and assigns, to construct, erect, operate and maintain an overhead line or lines for the purpose of transmitting electric power, said right- of-way being in the County of Botetourt, Virginia through land owned by the City and used as the City Nursing Home, the location of said easement being shown in detail on AppalachianPower Company's Drawing No. R-1561, dated October 20, 1981, a copy of which is on file in the Office of the City Clerk, for the nominal consideration of $1.00, all after the form of such indenture shallhave been approved by the City Attorney. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The iOth day of May, 1982. No. 25999. AN ORDINANCE providing for the lease to the United States of A~n~erica of certain real property at Roanoke Municipal Airport, Woodrum Field, for an instrument landing system facility. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager, H. B. Ewert, or the Assistant City Manager, W. Robert Herbert, is hereby authorized,' for and on behalf of the City, to execute and deliver the City's lease to the United States of A~erica of certain real estate and appurtenant rights, near Runway 33 at Roanoke Municipal Airport, Woodrum Field, for the relocation of an instrument landing facility. The term of this lease shall be May 1, 1982 through September 30, 1982, with the lessee enjoying the right to renew this lease yearly through September 30, 1997. The consideration for this lease shall be the benefits to the City by the installation and maintenace of this navigational aid. ~The lease may contain any other provisions that the City Manager might require and shall be on such form as approved by the City Attorney. ATTEST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1982. No. 26009. AN ORDINANCE providing for the amendment of the'engineering contract with Delta Associates, Inc., in connection with the project to extend Runway 23 at Roanoke Municipal Airport, Woodrum Field; 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, and the City Clerk is authorized to attest, the requisite contract with Delta Associates, inc., amending for ~the second time the contract dated December 2, 1980, providing for engineering work relative to a project to extend Runway 23 at Roanoke Municipal Airport, Woodrum Field. This amendatory contract shall provide for Delta Associates, Inc.'s additional design and engineering services in conjunction with Phase II, and construction administration and resident i~spection in connection with Phase I, of this project, in consideration of the following additional fees, which shall not, respectively, exceed without approval of the'appropriate authoritie~ of this City $32,100 for the design and engineering services, $58,200 for construction administration and $80,000 for resident inspection, to be paid from funds appropriated for this purpose. 9 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect Upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1982. No. 26011. A RESOLUTION authorizing the filing oS an application with the United States Department of Housing and Urban Development (HUD) for a'current grant of Federal funds to permit implementing, continuing and carrying out a Community Development Block Grant (CDBG) Program. WHEREAS, under the terms of the Housing and Community Development Act of 1974, Public Law 93-383, as amended, the Congress of the United States has authorized the making of annual grants to public bodies to aid in financing identified community development needs, both as to short-term and long-term objectives; and WHEREAS, in the preceding seven fiscal years the City of Roanoke has commenced the implementation of such programs, and the ~ity needs further~Federal assistance to continue to finance certain short-term and long-term programs having housing needs, neighborhood improvements, economic development, and management and control of community development programs as their objectives and the City desires to make current application for Federal assistance to continue such programs; and WHEREAS, the City Manager has by report dated May 10, 1982, transmitted to Council a certain "Proposed Statement of Community DeveloPment Objectives and Projected Use of Funds," as now required by HUD to be submitted with the City's application for CDBG funds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, is hereby authorized and directed to execute and file on behalf of the City of Roanoke with the United States Department of Housing and Urban Development an application for a new grant of $2,018,000 in Federal funds under Public Law 93-383 to aid in financing oertain community development grant programs for the eighth year, to be as set out in Federal forms prepared for the purpose of such application and to contain the aforesaid "Proposed Statement of Community Development Objectives and Projected Use of Funds"; and, in making such application, the City Manager is hereby authorized and directed to make and execute on behalf of the City all understandings and assurances contained in said formal application and attachments thereto; and the City Manager is hereby designated as the representative of the City of Roanoke to act in connection with said application, and is directed to Provide such additional information as may be required. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1982. No. 26012. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordain- ed, to read as follows, in part: 23O APPROPRIATION~ Commissioner of Revenue (1) .......................................... $ 332,722.00 Treasurer (2) ........................................................ 292,599.00 Sheriff (3) .......................................................... 428,689.00 Commonwealth's Attorney (4) .......................................... 247,436.00 Jail (5) ............................................................. 1,411,012.00 Juvenile Detention Home (6) .......................................... 329,178.00 Outreach Detention (7) ......................................... , ..... 57,015.00 Regional Intake (8) .................................................. · 53,542.00 Social Services Administration (9) ................................... 347,617.00 Social Services - Services (10) ...................................... 3,237,730.00 General Fund Contingency Reserve (11) ................................ 228,130.00 (1) Salaries & Wages (2) Salaries & Wages (3) Salaries & Wages (4) Salaries & Wages (5) Salaries & Wages (6) Salaries & Wages (7) Salaries & Wages (8) Salaries & Wages (9) Salaries & Wages (10) Salaries & Wages (11) General Fund Con- tingency Reserve (A01123310002) (A01123410002) (A01214010002) (A01221010002) (A01331010002) (A01332010002) (A01333010002) (A01334010002) (A01531110002) (A01531410002) (A01941032006) $( 725.00) (4,000.00) (13,950.00) (2,970.00) (5,4oo.oo) (2,730.00) ( 733.00) ( 733.00) ( 4oo.oo) (60,000.00) 100.00 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 10th day of May, 1982. No. 26013. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General and Capital Fund Appropriations, and providing for emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General and Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND APPROPRIATIONS Transfers to Qther Funds $ 8,568,343.00 Transfers to Capital Projects Fund (1) ........................... ( 76,430.00) REVENUE Miscellaneous Revenue Contributions for Elmwood Park (2) ............................... 1,393,529.85 26,604.00 CAPITAL FUND APPROPRIATIONS Other Public Buildings Main Library (3 & 4) ............................................. Capital Improvement Reserve Post Office Renovation (5) ....................................... Fund Balance - Unappropriated (6) ..................................... 7,835,912.02 2,140,976.00 1,841,980.45 310,270.00 1,302,520.30 Transfers to Capital Projects Fund Contributions for Elmwood Park Appropriated from General Revenues Appropriated from Third Party Post Office Renovation Fund Balance (A01931037008) (R01091015) (A08180191303) (A08180191304) (A08310172505) 26,604.00 26,604.00 1,766,096.00 26,604.00 (1,489,730.00) 23_1_ 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 10th day of May, 1982. No. 26014. AN ORDINANCE providing for the implementation of Century Project 13-01, consisting of certain alterations and improvements and an addition to the Central Library, upon. certain terms and conditions, by accepting the lowest bid made to the City; authorizing execution of the requisite contract; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the, City of Roanoke that: 1. The proposal of Days Construction Company, Inc., of Salem, Virginia, for furnishing within 540 consecutive calendar days all necessary equipment, labor, and materials required for construction of Century Project 13-01, consisting of certain alterations and improvements and an addition to the Central Library, as described in reports of the City Manager and Bid Committee dated May 10, 1982, being the lowest and best bid made in full accordance with'the City's plans and specfications, including Alternatives 3 through and including 10 to the base bid, for the total sum of $1,926,400.00, is hereby ACCEPTED. A contingency for the project in the amount of $96,300.00 shall be established. These sums shall derive from funds heretofore or sumultaneously appropriated for this purpose. 2. The City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is.authorized to attest, the requisite contract with the aforesaid firm, such contrac to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. That the other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and-express to'each the City's appreciation of 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 10th day of May, 1982. No. 26015. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 232 APPROPRIATIONS Streets and Bridges $5,075,084.72 Downtown Street Lighting and Improvements (1) .................... 1,165,017.00 Fund Balance Unappropriated (2) ....................................... 2,711,753.30 (1) Appropriated from General Revenues (A08210192403) $ 1,132,867.00 (2) Fund Balance Unappropriated (X08937210) (1,132,867.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~L~O---- City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 1982. No. 26016. AN ORDINANCE accepting the bid of New River Electrical Corporation for construction of certain downtown street, lighting and other improvements, upon certain terms and conditions, autho- rizing execution of the requisite contract; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of New River Electrical Corporation. for furnishing within 270 consecutive calendar days all necessary equipment, labor, and materials required for construction of certain street, lighting and other improvements in the downtown area of the City, as described in the report of the Bid Committee dated May 10, 1982, being the lowest and best bid made in full accordance with the City's plans and specifications, including Alternate 2 to the base bid, for the total sum of $1,078,867.00, is hereby ACCEPTED. A contingency for the project in the amount of $54,000.00 shall be established. These sums shall derive from funds heretofore or simultaneously appropriated for this purpose. 2. The City Manager is hereby authorized to execute for and on behalf of the City and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. That the other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and express to each the City's appreciation of 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. City Clerk APPROVED ATTEST: Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1982. No. 26017. A RESOLUTION setting forth the findings of this Council with respect to the public hearing required concerning the reaI property tax levy and rate by Section 58-785.1, Code of Virginia (1950), as amended. WHEREAS, where any annual assessment of real property results in an increase of one percent (1%) or more of the total real property tax levied, the City is required by provisions of Section 58-785.1, Code of Virginia (1950), as amended, to reduce its rate of levy for the forthcoming tax year so as to cause such rate of levy to produce no more than one hundred one percent (101%) of the previous year's real property tax levies or, after conducting a public hearing, increase or maintain the rate above such reduced rate if such increase is deemed necessary by the Council; WHEREAS, on May 14, 1982, this Council held a public hearing with respect to the proposed real property tax rate, which hearing was properly advertised and all persons desiring to be heard were given an opportunity to present oral testimony concerning the real property tax rate proposed for the forthcoming tax year; WHEREAS, this Council has thoroughly considered and weighed all testimony presented at the aforementioned public hearing; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a real property tax rate of $1.35 on every $100.00 of fair market value of real property is deemed to be necessary effective with the tax year commencing July 1, 1982, to provide revenue for the operation and administration of the City government, the operation of the public schools and for other municipal expenses and purposes. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1982. No. 26018. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1982, and ending June 30, 1983; 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, 1982, and ending June 30, 1983, shall constitute a General Fund and that as much of the same as may be neccesary be, and the same is hereby appropriated to the follow- ing uses and purposes, to-wit: REVENUE General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue From Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Non-Revenue Receipts Internal Services $28,423,305.00 20,655,655.00 222,400.00 412,000.00 739,600.00 30,848,568.00 4,071,576.00 3,379,600.00 1,161,188.00 2,081,220.00 Total Revenue $91,995,112.00 APPROPRIATIONS Council City Clerk City Manager - Administration Budget and Systems Citizen's Request City Attorney Director of Finance Billings and Collections Commissioner of Revenue Treasurer Real Estate Valuation Board of Equalization of Real Estate Municipal Auditing Director~of Utilities and Operations Director of Administration and Public Safety Personnel Director of Human Resources 96,950.00 127,808.00 213,163.00 60,164.00 46,480.00 228,459.00 453,558.00 403,582.00 330,166.00 278,952.00 368,396.00 25,900.00 176,164.00 64,326.00 55,429.00 220,739.00 69,242.00 234 APPROPRIATIONS - CONT.: Director of Public Works Electoral Board 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 Fire - Administration Fire - Prevention Fire - Suppression Fire - Training Contributions to Rescue Squad Jail Juvenile Detention Home Outreach Detention Regional Intake Juvenile Probation House Crisis Intervention Building Inspection Emergency Services Animal Control Medical Examiner Snow Removal Street Lighting Signals and Alarms - Refuse Collection Roanoke City Health Department Mental Health and Retardation Citizens Services Committee Social Services - Administration Food Stamp Authorization Income Maintenance Social Services - Services Fuel Assistance Hospitalization of Indigents Burial of Indigents Nursing Home Roanoke City Public Schools Parks and Recreation Armory Stadium and Athletic Field City Market Contributions - Cultural Library Community Planning Economic Development and Grants Board of Zoning Appeals Parking Garage Greater Roanoke Transit Community College Community Education Cooperative Extension Program Fringe Benefits Miscellaneous Transfer to Other Funds Contingencies Capital Reserve City Information Services Engineering Public Works General Services Materials Control Management Services Communications Street Maintenance Utility Line Facilities Building Maintenance Custodial Services Grounds Maintenance Motor VehicleMaintenance Personnel Lapse Contingency 86,445.00 1,017,185.00 3,119,758.00 570,690.00 .185,212.00 59,953.00 155,191.00 4,446,921.00 22~006.00 304,843.00 312,572.00 2,480,532.00 3,095,840.00 95,436.00 45,909.00 84,689.00 45,298.00 397,597.00 12,925.00 11,580.00 8,188.00 496,381.00 46,384.00 269,630.00 4-,879,290.00 4,684,071.00 74,500.00 1,519,684.00 346,262.00 84,641.00 876.00 158,634.00 181,528.00 305,867.00 81,923.00 109,183.00 15,000.00 132,050.00 541,750.00 395,832.00 1,831,813.00 667,120.00 213,113.00 255,O85.00 6,289,223.00 180,000.00 5,865.00 694,675.00 35,823,341.00 744,147.00 27,350.00 52,101.00 25,900.00 27,000.00 852,628.00 148,870.00 64,057.00 4,155.00 86,070.00 426,780.00 3,539.00 14,606.00 57,256.00 6,464,916.00 95,000.00 7,746,149.00 322,663.00 225,000.00 1,105,638.00 611,139.00 58,421.00 450,360.00 162,667.00 566,986.00 2,545,036.00 1,518,481.00 1,714,222.00 597,184.00 804,121.00 863,285.00 (500,000.00) Total Appropriations $91,995,112.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations here- in, 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 s~ch 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 citied as the 1982-83 General Fund Appropriatior Ordinance; and 5. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1982. APPROVED ATTEST~ ~' '-~': City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1982. No. 26019. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1982, and ending June 30, 1983; 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 Cit~y Treasury for the Water Fund in the fiscal year beginning July 1, 1982, and ending June 30, 1983, shall constitute a Water Fund that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating Non-Operating $3,115,000 460,000 Total Revenue $3,575,000 APPROPRIATIONS General Operating Expense Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay $1,732,571 464,081 563,706 700,000 77,000 763,436 Total Appropriations $4,300,794 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herei shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1982-83 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, 1982. APPROVED ATTEST: City Clerk Mayor 235 236 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1982. No. 26020. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1982, and ending June 30, 1983; 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, 1982, and ending June 30, 1983, shall constitute a Sewage Treatment Fund and that as much of the same as may be necessary be, and the same is hereby appropria- ted to the following uses and purposes, to-wit: REVENUE Operating Non-Opermting Total Revenue $5,535,500 18,000 $5,553,500 APPROPRIATIONS General Operating Expense Lateral Maintenance and Replacement Depreciation Interest Expense Total Appropriations $4,429,978 550,000 860,000 221,975 $6,061,953 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations hereJ shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1982-83 Sewage Treatment Fund Appropriation Ordinance; and 4. That, in order to provide for the usual daily operation of the municipa! government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1982. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1982. No. 26021. AN ORDINANCE adopting the annual Airport Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1982, and ending June 30, 1983; 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 Airport Fund in the fiscal year beginning July 1, 1982, and ending June 30, 1983, shall constitute an Airport Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating $1,513,000 Non-Operating 31,000 Total Revenue $1,544,000 237 APPROPRIATIONS Operating Expense Depreciation Interest Expense Capital O~tlay Total Appropriations $1,297,324 567,000 35,625 127,990 $2,027,939 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herei shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1982-83 Airport 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, 1982. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 1982. No. 26022. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1982, and ending J~e 30, 1953~ 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, 1982, and ending June 30, 1983, 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 $ 630,700 Non-Operating 622,015 Total Revenue $1,252,715 APPROPRIATIONS Operating Expense Promotional Expense Depreciation Total Appropriations $1,188,115 64,600 337,000 $1,589,715 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 1982-83 Civic Center Fund Appro- priation 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, 1982. ATTEST: City Clerk APPROVED Mayor 238 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th day of May, 1982. No. 26005. AN ORDINANCE to amend Sections 36-5 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 518, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the southerly side of Brandon Avenue, S. W., described as a portion of Official Tax No. 5180302, containing approximately 2.5 acres, rezoned from RS-i, Single Family District, to C-i, Office and Institutional District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-i, Single Family District, to C-I, Office and Institutional District; the said rezoning to be subject to the conditions proffered by the applicants in their amended application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, be Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 10th day of May, 1982, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommenda- tions made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 518 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the southerly side of Brandon~Avenue, S. W., described as containing approximately 2.5 acres designated on Sheet 518 of the Sectional 1976 Zone Map, City of Roanoke, and being a portion of Official Tax No. 5180302 be, and is hereby, changed from RS-i, Single Family District, to C-i, Office and Institutional District, subject to the conditions proffered by and set forth in the applicant's amended application for rezoning, and that Sheet No. 518 of the aforesaid map be changed in this respect. APPROVED ATTEST:/_..,~ ~x,~ ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th day of May, 1982. No. 26006. AN ORDINANCE permanently vacating, discontinuing, and closing the 400 foot long, 15 foot wide alley of Block or Section No..15, according to the map of Hyde Park Land Company, as the same now lies between 19th Street and 20th Street, N. W., in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, John D. Walrond and Paula S. Walrond, have heretofore filed their application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described alley,'which is more particularly described hereinafter; and WHEREAS, John D. Walrond and Paula S. Walrond did, on December 14, 1981, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to Council; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on February 3, 1982, reported to Council and recommended that the hereinafter described alley be closed; and 239 WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on Ma? 10, 1982, at 7:30 p.m., after due and timely notice thereof by publication in The Roanoke Times & World News, 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 hereinafter described alley 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 for permanently, vacating, discontinuing, and closing said alley, as requested by John D. Walrond and Paula S. Walrond, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley situate in the City of Roanoke, Virginia, and more particularly described as follows: The 400 foot long, 15 foot wide alley of Block or Section No. 15, according to the map of Hyde Park Land Company, as the same now lies between 19th Street and 20th Street, N. W., of the City of Roanoke, Virginia, and further being identified as the alley lying on the South side of Lots 9 through 18 of said Block and further identified by City Official Tax Number 2310901 through 2310910, and also being the alleyway lying on the North side of Lots 1 through 8 of said Block 15. Being shown on Roanoke City Official Tax Number 2310911 through 2310918. 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 alley, together with the right of ingress or egress for the maintenance of such lines, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described alley 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 alley on all maps and plats on file in his office on which said alley is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the' names of John D. Walrond and Paula S. Walrond, husband and wife, as to all of the alley except the north one-half (½) of the alley which lies on the south side of Lot 18, Block 15 according to the map of Hyde Park Land Company, which is listed in the names of Willie D. Anderson and Sally S. Anderson, husband and wife, as Grantees. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26007. AN ORDINANCE amending and reordaining Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, by repealing Section 31-10, Appeals from decisions made under chapter, by amending subsection (b) of Section 31-33,'Approval distribution'and'recording of final plat, generally, subsection (b) of Section 31-39, Fees for plat review, Section 31-53, Drainase facilities and erosion and sediment control measures, subsection (a) of Section 31-68, Lots; building or setback lines, Section 31-105, GUaranty .for completion of improvements, and Section 31-108, Release of guarantees; certificates of approval, and by adding a new Section 31-54, Off-tract, sewer- age and drainage facilities, and a new subsection (k) to Section 31-68, Lots; building or setback lines, in order to conform the City's Subdivision regulations to changes in State law, to clarify certain regulations, and in order to increase the fee for subdivision plat review. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 31-10, ApPeals from decisions made under chapter, Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. Subsection (b) of Section 31-33, Approval, distribution and recording of final plat, generally, subsection (b) of Section 31-39, .Fees for plat review, Section 31-53,1Drainage facilities and erosion and sediment Control measures, subseCtioJ~ (a) of Section 31-68, Lots; building or setback lines, SeCtion 31-105, Guaranty for completion of improvements, and Section 31-108, Release of guaran- .tees; certificates of approval, Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and proVide as follows: 24O Sec. 31-33. Approval~ distribution and recording of final plat, generally. (b) The final subdivision plat shall be approved in writing by the agent and the city engineer, if found to be in conformity with the requirements of law and of this chapter, within sixty (60) days after it has been officially submitted for approval. If the plat is disapproved, the disapproval shall be in writing, either on the plat itself or in a separate document, and specific reasons shall be given which shall relate iq general terms such modifications or corrections as will permit approval of the plat. If the plat is disapproved by the agent, the subdivider shall have the right to appeal his decision to the Planning Commission. If a plat is not approved or disapproved within sixty (60) days after it has been officially submitted for the approval, the subdivider may petition the Circuit Court of the City of Roanoke to decide whether the plat should or should not be approved, in accordance with the procedure set forth in Section 15.1-475, Code of Virginia (1950), as amended. If a plat is disapproved, and the subdivider contends that such disapproval was not properly based on the provisions of this chapter, or was arbitrary or capricious, he may appeal to the Circuit Court of the City of Roanoke in accordance with the provisions of Section 15.1-475, Code of Virginia (1950), as amended. Sec. 31-39. Fees for plat review. (b) The following fees shall be charged for the review for approval of all subdivision plats and shall be paid to the planning department upon the filing of an application for such review and approval: (1) Subdivision creating three (3) lots or fewer - fifty dollars ($50.00). (2) Subdivision creating more than three (3) lots - fifty dollars ($50.00), plus fifteen dollars ($.15.00) for each lot in excess of three (3). Sec. 31-53. Drainage facilities and erosion and.sedimentcontrol measures. Whenever and wherever conditions, as are caused or aggravated by-reason of the subdivision of land under this chapter, adversely affect the proper use or drainage.of streets, highways, pedestrian ways, slopes or natural watercourses, or adverSelY affect the Public health, .safety or welfare, or cause an increase in erosion or sediment, the following improvements may be required by the agents and engineers authorized to approve the plat, to be provided and installed by the subdivi- ders. (1) Erosion and sediment control measures, including planting. (2) On-tract drainage or drainage structures necessary for the proper use and drainage of slopes, streets, highways and pedestrian ways, or for the public safety. Sec. 31-68. Lots; building or setback lines. (a) The size of lots in a subdivision shall conform to the minimum requirements of the applicable zoning district regulations as to area, frontage, depth, and setback, building line and side yard requirements, except as.hereinafter provided. Sec. 31-105. Guaranty for completion of improvements. Ail physical improvements required by the provisions of this chapter for a subdivi- sion, as platted, shall be installed therein and thereon at:the.expense of the subdivider within a reasonable length of time, not to exceed two (2) years. Pending the actual installation thereof, the subdivider shall execute and file with the City Clerk, prior to approval of the final plan, an agreement to make such improvements within a designated reasonable length of time, not to exceed two.(2) years, and one of the following: (1) For physical improvements required by the provisions of this chapter that have been completed, an attested certification to the City that the construction costs of all such physical improvements have been paid to the person constructing such improvements; (2) A certified check or cash escrow in the amount of the estimated costs of construction of.such improvements, as deter- mined by the.agent and the city engineer; (3) A personal, corporate or property bond, with surety approved by the director of finance and the city attorney, in an amount sufficient for and conditioned upon the construction of such improvements, as determined by the agent and the city engineer; 241 (4) A. contract for the construction of such improvements and the contractor's bond, with surety approved by the director of finance and the city attorney, in an amount sufficient for and conditioned upon the completion of such contract, as determined by the agent and the city engineer; (5) A bank or savings and loan association's letter of credit on certain designated funds satisfactory as to the bank or savings and loan association'and form to the city attorney and director of finance, and in an amount satisfactory to the agent and the city engineer. Sec. 31-108. Release of guarantees; certificates of approval. Upon satisfactory completion of the installation of the required improvements in a subdivision, the subdivider, or his agent, shall be issued a certificate of approval by the administrative officers charged~with the responsibility for each of the various types of improvements. Such certificates shall operate as evidence fQr the release of the performance guarantee required by Section 31-105. Such performance guarantee may be partially released within thirty (30) days after receipt of written notice from the subdivider, or his agent, of completion of a part of any improvements required to be constructed thereunder, unless the agent notifies the subdivider or his agent in writing of any specified defects' or deficiencies in construction and suggested corrective measures prior to the expiration of said thirty (30) day period. No partial release in excess of ninety per centum may be given until such time as a certificate of approval shall have been issued. For purposes of this Article, a certificate of partial or. final completion of required improvements from either a duly licensed professional engineer or land surveyor, as defined in and limited to Section 54.17.1 of the Code of Virginia (1950), as amended, may be accepted in lieu of the inspections required by Section 31-107. 3. A new Section 31-54, Off-tract sewerage and drainage, and a new subsection (k) to Section 31-68, Lots; buildings or setback lines are hereby added to Chapter 31, Subdivisions, to read and provide as follows: Sec. 31-54. Off-tract sewerage and dKainage' facilities. (a) Whenever and whereverdonditions, as are caused or iaggravated by'reason of the subdivision of land under this chapter, necessitate or'require~ at least in part, the provision of reasonable and necessary sewerage and drainage facilities outside the property limits of the land owned or controlled by the subdivider', the agent and the city engineer may require the subdivider to pay his pro rata share of the cost of providing such facilities. Such share shall be limited to the proportion of the total estimated cost which the increased sewage flow and/or increased volume and velocity of storm water runoff to be actually caused by the subject subdivision bears to the total estimated volume and velocity of such sewage and/or runoff from such area in its fully developed state, to be calculated in accordance with reasonable standards established by the city engineer. (b) No such payment shall be required until such time as the agent or the city engineer shall have established a general sewer and drainage improvement program for an area having related and common sewer and drainage conditions and within which the land owned or controlled by the subdivider is located. (c) Each such payment received from a subdivider shallbe expended only for the construction of those facilities for which the payment was required, and until so expended shall be held in an interest-bearing aCcount for the benefit.of the subdivider. sec. 31-68. Lots; building or setback lines. (k) Lot requirements for townhouses are set out unde~ chapter 36, article IV, division 8, of this Code. ATTEST: City Clerk APPROVED Mayor 242 ,IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26008. AN ORDINANCE amending and reordaining Chapter 36, Zoning, of the Code of the City of Roanoke (1979), as amended, by repealing the definition of Building frontage in Section 36-2, Definitions, subsection (c) of Section 36-301, Parkin8 or storage of travel trailers, boats, etc., ~n RS,..RD.~ RG and C-I districts, and Section 36-503, DisCOntinuance of nOnconformin~ open air uses, by amending the definitions of Family and Yard in Section 36-2, Definitions, subsection (a) of Section 36-10, Fees and charses in connection with chapter, subsection (c) of Section 36-30, Appeals to board ~enerally, Section 36-498, Gener.ally, Section 36-523, Certificates of occupancy for nonconformiq~ uses, subsection (c) of Section 36-539, Plannin~ Commission action, and Section 36- 541, Notice of hearings, and by adding two new sections, Section 36-62.1,'Uses and structures permitted as special exceptions in RS-1 districts only, and Section 36-291.1., Yard requirement; fences and wall regulationS, in order to conform certain of the City's Zoning regulations with provisions of State law and in order to clarify certain other zoning regulations. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The definition of Building frontage in Section 36-2,1Definitions, subsection (c) of Section 36-301,'parking'or stora~elof travel trailers, boats, etc~, in'RS.,..RD, RG and'C'i districts, and Section 36'503, Discontinuancelof nonconformiDg'open air'Uses, in Chapter 36, Zoning, Code of the City of Roanoke (1979), as amended, be and said sections and subsections' are hereby REPEALED. 2. The definitions of Family and Yard in Section 36-2, Definitions, subsection (a) of Section 36-10,1Fees and charges in connection with chapter, subsection (c) of Section 36-30, Appeals to ~pard'~enerally, Section 36-498, Generally, Section36-523,1certificates of occupancy for nonconforming'uses, subsection (c) of Section 36-539, Plannin~Commiss$.on action, and Section 36-541, Notice of hearings, of Chapter 36, Zoning, Code of the City of Roanoke (1979), as amended, be and said sections and subsections are amended to read and provide as follows:, Sec. 36-2. Definitions. Family: Except for the regulations applicable to RS-1 single-family.residen- tial districts, the word."family" shall.be construed tomean one or more persons occupying a single dwelling unit and living and cooking togetheras a single housekeeping unit, but the word shall not be construed tomean more than four (4) .persons unrelated by blood, marriage or adoption. In theregulations applicable to RS-1 single familyresidential districts, the word "family" shall be construed to.mean one or mere~persons occupying a single dwelling unit and living and cooking together, all of which persons shall be related to the others by blood, marriage or adoption, and no one of which persons shall be a roomer, boarder or lodger, for compensation. Yard: One of three types of required open spaces on a lot, the regulations for which are set out in the supplementary district regulations: (1) Front yard: A yard extending between side lot lines across the front of a lot. (2) Side yard: A yard extending from the rear line of the required front yard (the setback line) to the rear lot line, unless otherwise provided for in the supplementary district regulations. (3) Rear yard: .A yard extending across the rear of the lot between the inner side yard lines. In the case.of through lots and common lots, there will be no rear yard. Sec. 36-10. 'Fees and charges'in connection with chapter. (a) The city council shall establish a Schedule of fees and charges and a collection procedure for zoning permits, certificates of zoning compliance, appeals, amendments, and other matters pertaining to the regulations prescribed by this chapter. The cost of all advertising notices required for amendments to this chapter, including rezonings, shall be borne by the applicant. The schedule of fees and charges shall be available in the office of the zoning administrator and may be altered or amended only by city council. Sec. 36-30. Appeals to board generally. 243 (c) The board shall fix a reasonable time for the hearing Qf an appeal and decide the same within a reasonable time, after publishing notice of such hearing in a newspaper published or having general circulation in the City and giving written notice to affected parties in the manner required by Section 15.1-495, Code of Virginia (1950), as amended. Sec. 36-498. Generally. Within the districts established by this chapter, or by amendments which may later be adopted, there exist or may exist lots, structures, uses or land and structures, and characteristics of use, which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. Such nonconformities are hereby declared to be incompatible with the character of the districts in which they occur. Nonconformities are permitted to remain until removed, discontinued or changed to conform with the regulations, but it is the intent of this chapter that such continuances should not be indefinite and that the nonconformities should gradually be removed. No nonconformity shall be increased, enlarged upon, expanded, extended, repaired after damage to over fifty (50) percent of the value of the structure or resumed after discontinuance as specified herein, or used as grounds for adding other lots, structures, uses of land and structures or characteristics of use not in keeping with the regulations for the district in which such nonconformity exists. Sec. 36-523. Certificate of occupancy for nonconforming uses. No person shall maintain, renew after discontinuance, change, move or extend any nonconforming use of any land, building, structure or premises, individually or in combination, in whole or in part, unless and until a certificate of occupancy therefor shall have been issued by the zoning administrator. The board of zoning appeals shall have the authority to and may, upon the procedures provided in Section 36-31 of this chapter as for authorization of variances, upon appeal of an applicant to the administrator for such certificate and upon showing made to the board that the nonconforming use was existing on or prior to August 29, 1966, or prior to a subsequent amendment of this chapter making such use nonconforming, that it has not been discontinued for a period of time exceeding two (2) years after the aforesaid date, and that such use is not detrimental to.the immediate neighborhood, direct the imsuance by the administrator of a certificate of occupancy for such nonconforming use; and the provisions of Section 36-34 of this chapter shall apply to any decision of the board made on such appeal. Sec. 36-539. Planning commission action. (c) Within sixty (60) days from the date that any proposed amendment is referred to it (unless a longer period shall have been established by mutual agreement between the city council and the planning commission in the particular case,) the planning commission shall submit its report and recommendations to the city council. The recommendation of.the planning commission shall be advisory only, and shall not be binding on city council. If the planning commission does not submit its report within the prescribed time, the city council may proceed to act on the amendment, without further awaiting the recommendations of the planning commission. Sec. 36-541. Notice of hearing. Prior to conducting any public hearing required by this chapter before the city council or the plan ning commipsion, notice shall be given as required by Section 15.1-431, Code of Virginia (1950), as amended, and in the case of hearings before the city council, in conformance with any additional requirements of Section 62 of the Charter. The expense of advertising shall be borne by the applicant. Any affidavits required by Section 15.1-431, Code of Virginia (1950), as amended, shall be filed with the city clerk. addition, when a proposed amendment affects the district classification of a particular piece of property, the zoning administrator shall cause to be erected on the property a sign, to be posted at least ten (10) days prior to the public hearing before the planning commission, indicating the nature of the change proposed, identification of the property affected, and the time, date and place of such hearing. 3. New sections 36-62.1, Uses and structures permitted as special exceptions in RS-1 districts only, and 36-291.1, Yard requirements; fences and wall regulations be and said new sections shall be added to chapter 36, Zoning, Code of the City of Roanoke (1979), as anended, to read and provide as follows: 244 Sec, 36-62.1, Uses and structures permitted as special exceptions in RS-1 districts only. In the RS-1 single-family residential district only, the following uses and structures may be permitted as special exceptions, after public notice and hearing, by the board of zoning appeals: (1) Not more than two (2) persons unrelated to the others occupying a dwelling unit may be permitted as boarders or roomers. Sec. 36-291.1 'yard;requirements;fence and wall regulations. (a) Required yards shall be open and unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot upward, except that fences and walls may be erected in any yard subject to the limitations indicated herein, and flagpoles, clothes lines, bird houses and other yard accessories may be erected in any yard if they do not substantially impede vision or the free flow of light and air across the yard. (b) The requirements for required front yards are as follows: (1) Front yards shall extend between the side lot lines across the front of a lot. (2) 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. (3) In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall~be provided on all frontages. Where one of the front yards that would normally.be required on a through lot is not in keeping with the prevailing yard pattern, the zoning administrator may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards required on adjacent lots. .(4) In the case of corner lots which do not have reversed frontage, a front yard of the required pattern shall be provided in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. No rear yards are required. (5) In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. (6) In the case of corner lots with more than two (2) frontages, the zoning administrator shall determine the front yard.requirements, subjectto the following limitations: At least one front yard shall~be provided having the full depth required generally in the district and no other front yard on such lot shall have less than half the full depth required generally. (7) The depth of required front yards shall be measured at right angles to the street line or, in the case of a curved street line, the depth shall be measured on the radial line. Front and rear lines of a required front yard shall be parallel. (c) The requirements for:required side yards are as follows: (1) Side yards shall extend from the rear line of a required front yard (the setback line) to the rear lot line. (2) In the case of through lots, side yards shall extend from the rear lines of the front yards required. (3) In the case of corner lots, the yards remaining after full and half- depth front yards have been established shall be considered to be side yards. (4) The width of required side yards shall be measured at right angles to the adjacent side lot line. The inner side yard line of a required side yard shall be parallel to the side lot line. APPROVED ATTEST: ~~bu~.- City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26010. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a deed of easement to Appalachian Power Company for service to the Center In The Square and any necessary instruments to maintain existing public utility facilities in the vacated alley lying to the west of Lot 130, Roanoke Land and Improvement Company, between Campbell and Kirk Avenues, S. E. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proper City officials are authorized and directed, for and on behalf of the City, to execute and deliver an indenture to Appalachian Power Company, conveying to this company a right-of-way and easement to construct and maintain an underground line orlines for the purpose of transmitting electric power to serve the Center In The Square, through property described as the vacated alley lying to the west of Lot 130, Roanoke Land and Improvement Company, between Campbell and Kirk Avenues, S. E., Roanoke, Virginia, as this easement is shown on an Appalachian Power Company Drawing No. R1562, dated October 22, 1981, for the nominal consideration of $1.00, all after the form of such indenture shall have been approved by the City Attorney. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and behalf of the City, and the City Clerk is authorized to attest, the requisite instruments on such form as approved by the-City Attorney, with any public utility or other persons, necessary or convenient, in the opinion of the City Attorney, to preserve, or perfect title to gas, telephone, electric or other public utility facilities located in the vacated alley described above. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26023. AN ORDINANCE to adopt and provide a new Pay Plan for the employees of the City of Roanoke effective July 1, 1982; amending and modifying Ordinance No. 25579 to the extent herein provided. BE IT ORDAINED by the Council of the City of Roanoke that: 1. There be and is hereby adopted by the Council and made applicable to all of the City's classified employees in the City's employ on and after July 1, 1982, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: CITY OF ROANOKE PAY PLAN EFFECTIVE JULY 1, 1982 SALARY/ LONGEVITY HOURLY ANNUAL RANGE EQUIV. STEP A STEP B STEP C STEP D STEP E STEP F EQUIV. (7,563.40) (7,941.70) (8,338.72) (8,755.50) (9,193.34) 2 3.6363 290.90 305.45 320.72 336.75 353.59 371.27 9,653.02 3 (2L) 3.8181 305.45 320.72 336.75 353.59 371.27 389.84 10,135.84 4 (3L) 4.0090 320.72 336.75 353.59 371.27 389.84 409.34 10,642.84 5 (4L) 4.2094 336.75 353.59 371~27 389.84 409.34 429.81 11,175.06 6 (5L) 4.4199 353.59 371.27 389.84 409.34 429.81 451.30 11,733.80 7 (6L) 4.6409 371.27 389.84 409.34 429.81 451.30 473.86 12,320.36 8 (7L) 4.8730 389.84 409.34 429.81 451.30 473.86 497.55 12,936.30 9 (8L) 5.1167 409.34 429.81 451.30 473.86 497.55 522.43 13,583.18 ~0 (9L) 5.3726 429.81 451.30 473.86 497.55 522.43 548.55 14,262.30 11 (10L) 5.6412 4~1.30 473.86 497.55 522.43 548.55 575.98 14,975.48 12 (llL) 5.9232 473.86 497.55 522.43 548.55 575.98 604.78 15,724.28 13 (12L) 6.2194 497.55 522.43 548.55 575.98 604.78 635.02 16,510.52 14 (13L) 6.5304 522.43 548.55 575.98 604.78 .635.02 666.76 17,335.76 15 (14L) 6.8569 548.55 575.98 604.78 635.02 666.76 700.10 18,202.60 16 (15L) 7.1997 575.98 604.78 635.02 666.76 700.10 735.10 19,112.60 17 (16L) 7.5597 604.78 635.02 666.76 700.10 735.10 771.86 20,068.36 18 (17L) 7.9377 635.02 666.76 700.10 735.10 771.86 810.45 21,071.70 (18L) 8.3345 666.76 700.10 735.10 771.86 810.45 850.98 22,125.48 (8.7512) (9.1888) (9.6482) (10.1306) (10.6372) SALARY/ LONGEVITY HOURLY ANNUAL RANGE EQUIV. STEP A STEP B STEP C STEP D STEP E STEP F EQUIV. (17,170.92) (18,029.44) (18,930.86) (19,877.52) (20,871.24) 1119 8.2552 660.42 693.44 728.11 764.52 802.74 842.88 21,914.8871 20 (19L) 8.6680 693.44 728.11 764.52 802.74 842.88 885.02 23,010.521 '121 (20L) 9.1014 728.11 764.52 802.74 842.88 885.02 929.27 24,161.02!~ :22 (21L) 9.5565 764.52 802.74 842.88 885.02 929.27 975.74 25,369.241i 23 (22L) 10.0343 802.74 842.88 885.02 929.27 975.74 1,024.52 26,637.52 24 (23L) 10.5360 842.88 885.02 929.27 975.74 1,024~52 1,075.74 27,969.241~ 25 (24L) 11.0628 885.02 929.27 975.74 1,024.52 1,075.74 1,129.53 29,367.78ii 26 (25L) 11.6159 929.27 975.74 1,024.52 1,075.74 1,129.53 1,186.01 30,836.26 (26L) 12.1967 975.74' 1,024.52 1,075.74 1,129.53 1,186.01 1,245.31 32,378.06 (12.8065) (13.4468) (14.1191) (14.8251) (15.5664) (25,124.88) (26,381.16) (27,700.40) (29,085.42) (30,539.86) 27 12.0793 966.34 1,014.66 1,065.40 1,118.67 1,174.61 1,233.34 32,066.84 28 (27L) 12.6833 1,014.66 1,065.40 1,118.67 1,174.61 1,233.34 1,295.00 33,670.00 29 (28L) 13.3175 1,065.40 1,118.67 1,174.61 1,233.34 1,295.00 1,359.75 35,353.50 30 (29L) 13.9834 1,118.67 1,174.61 1,233.34 1,295.00 1,359.75 1,427.74 37,121.24 31 (30L) 14.6826 1,174.61 1,233.34 1,295.00 1,359.75 1,427.74 1,499.12 38,977.12 32 (31L) 15.4167 1,233.34 1,295.00 1,359.75 1,427.74 1,499.12 1,574.08 40,926.08 33 (32L) 16.1875 1,295.00 1,359.75 1,~427.74 1,499.12 1,574.08 1,652.78 42,972.28 34 (33L) 16.9969 1,359.75 1,427.74 1,499.12 1,574.08 1,652.78 1,735.42 45,120.92 35 (34L) 17.8467 1,427.74 1,499.12 1,574.08 1,652.78 1,735.42 1,822.19 47,376.94 36 (35L) 18.7390 1,499.12 1,574.08 1,652.78 1,735.42 1,822.19 1,913.30 49,745.80 37 (36L) 19.6760 1,574.08 1,652.78 1,735.42 1,822.19 1,913.30 2,008.97 52,233.22 38 (37L) 20.6598 .1,652.78 1,735.42 1,822.19 1,913.30 2,008.97 2,109.42 54,844.92 39 (38L) 21.6928 1,735.42 1,822.19 1,913.30 2,008.97 2,109.42 2,214.89 57,587.14 40 (39L) 22.7774 1,822.19 1,913.30 2,008.97 2,109.42 2,214.89 2,325.63 60,466.38 41 (40L) 23.9163 1,913.30 2,008.97 2,109.42 2,214.89 2,325.63 2,441.91 63,489.66 (41L) 25.1121 2,008.97 2,109.42 2,214.89 2,325.63 2,441.91 2,564.01 66,664.26 (26.3677) (27.6861) (29.0704) (30.5239) (32.0501) NOTE: BI-WEEKLY PAY AMOUNTS ARE BASED ON HOURLY RATES. 2. Ordinance No. 25579 heretofore adopted on May 11, 1981, insofar as it established a Pay Plan for the classified employees of the City be and said Ordinance is hereby amended and modified to the extent herein provided. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF The 24th day of May, 1982. No. 26024. ROANOKE, VIRGINIA, A RESOLUTION recognizing the meritorious service of The Honorable Charles L. Landis, former member of City Council. WHEREAS, The Honorable Charles L. Landis faithfully served the City as a member of this Council from July 1, 1978, until May 10, 1982, when he resigned; WHEREAS, Mr. Landis received the most votes cast in the 1978 Councilmanic election and thereby served as Vice-Mayor of this City from July 1, 1978, to June 30, 1982, during which time he served with distinction; WHEREAS, Mr. Landis gave unselfishly of his time and ability, serving as Chairman of Council's Bid Committee, which reviewed bids for numerous major downtown revitalization construction projects, and as a member of Council's Audit and Personnel Committees and the Fifth Planning District Commission, to which assignments he applied his substantial expertise and common sense approach to local government; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing the very meritorious services rendered to the City of Roanoke and the achievements of The Honorable Charles L. Landis. APPROVED ATTEST: ~a_~- City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26025. A RESOLUTION recognizing the meritorious service of The Honorable Hampton W. Thomas, former member of City Council. WHEREAS, The Honorable Hampton W. Thomas faithfully served as a member of Roanoke City Council from January 13, 1969, until May 10, 1982, when.he resigned; WHEREAS, during his tenure on Council, Mr. Thomas displayed a keen interest in economic development of the Roanoke'Valley and in intergovernmental cooperation, as evidenced by his leader- ship in the creation of the Roanoke Valley Industrial Fact Finding Commission and his chairmanship of the Water Resources Committee which played the key role in the resolution of water and sewer problems remaining from the 1976 annexation; WHEREAS, Mr. Thomas also served as a member of the Audit and Personnel Committee of Council, as member of the Executive Committee of the Fifth Planning District Commission and as a member of the Executive and Legislative Committees of the Virginia Municipal League; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing the very meritorious services rendered to the City of Roanoke and the achievements of Hampton W. Thomas. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26026. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Fund 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 1981-82 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) ABE Dissemination Conference 1982-83 (1-7) ...................... Preschool Incentive Mini-grant 1982-83 (8-10) ................... $2,409,603.98 23,983.93 6,030.00 REVENUE Roanoke City School Grants (R354000) $2,409,603.98 ABE Dissemination Conference 1982-83 (11) ....................... 23,983.93 Preschool Incentive Mini-grant 1982-83 (12) ..................... 6,030.00 (1) Fixed Charges (2) Consultants (3) Conference Charges (4) Supplies (5) Printing Services (6) Travel (7) Indirect Costs (8) Salaries (9) Fringes (10) Contracted Services (11) State Grant Receipts (12) Federal Grant Receipts (A35470811070) (A35470820010) (A35470820011) (A35470820011) (A35470830047) (A35470833005) (A35470835040) (A35451710005) (A35451711070) (A35451720010) (R35470825) (R35451721) $ 279.30 125.00 20,000.00 467.50 2,100.00 176.48 835.65 3,699.15 250.85 2,080.00 23,983.93 6,030.00 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 May, 1982. No. 26027. A RESOLUTION authorizing the assignment of a lease of former Fire Station No. 6 from Mildred Prater to a new lessee, Belmont Neighborhood Watch Group, Inc. BE IT RESOLVED by the Council of the City of Roanoke that the appropriate City officials are authorized to execute.any and all documents necessary to provide for an assignment of the City's lease date July 14, 1980 of Lots 8 and 9, Section 16, Map of Belmont Land Company, Roanoke, Virginia, formerly Fire Station No. 6, from Mildred Prater to Belmont Neighborhood Watch Group, Inc., a Virginia corporation. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26028. A RESOLUTION approving the granting of a leave of absence for educational purposes to Thomas E. Hall, 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 Thomas E. Hall, a Social Worker in the Department of Human Resources commencing September 1, 1982, for a period not to exceed ten (10) consecutive months for the purpose of pursuing a Master's Degree in Social Work at Virginia Commonwealth University, Richmond, Virginia, such approval, however, being made expressly subject to said employee's written agreement to abide by each and every term and provision of Section 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26029. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects $4,511,032.61 Storm Drain Project VIII (1) ..................................... 14,055.00 Capital Improvement Reserve 3,022,993.82 Storm Drains (2) .................................................. 689,800.00 (1) Appropriated from General Revenue (A08220192503) $ 200.00 (2) Storm Drains (A08310162504) (200.00) 249 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26030. AN ORDINANCE authorizing the City Manager or Assistant City Manager to execute a~ written License for Pipeline Facility with the Norfolk and Western Railway Company providing for the City's construction and maintenance of a pipeline encroachment on certain property of such Railway; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is hereby authorized, on behalf of the City, to execute a certain License for Pipeline Facility with the Norfolk and Western Railway Company permitting the City to construct and maintain a pipeline encroachment, including one manhole, on certain property of such Railway, the location of such encroachment being more fully described on Part Plan V-10-VA.4, attached to such License for consideration of $200.00 and an annual fee of $120.00. 2. The form of such License shall be approved by the City Attorney. 3. 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 24th day of May, 1982. No. 26030. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges $4,142,217.72 Hershberger Road (1) ............. ' ..... ........................... 399,550.55 Capital Improvement Reserve 3,023,193.82 Hershberger Access (2) ........................................... 490,000.00 (1) Appropriated from General Revenues (2) Hershberger Access (A08210191403) $ 200,000.00 (A08310172503) (200,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: APPROVED 25O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26032. AN ORDINANCE relating-to the improvement of and approving a contract to be entered into between the City and the Virginia Department of Highways and Transportation with respect thereto; 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, and the City Clerk is authorized to attest, the requisite contract between the City and the Commonwealth of Virginia, Department of Highways and Transportation, for implementation of the second phase of the first segment of the Hershberger Road Project No. 0101-128-102, C-502, which phase'is known as the "Detour Roadway and Service Road Extension" and covers certain construction necessary to detour traffic during construction of the Hershberger Road underpass interchange. This agreement shall bind the City to pay a portion of the total project cost, estimated to be $1,476,370.14, the City's estimated portion to be $139,857,68. This agreement may contain any other provisions that the City Manager may require and shall be in such form as 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 24th day of May, 1982. No. 26033. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 Councilof'the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges Gus Nicks Blvd. (1) .............. .i ............................ Highway Construction Fund (2) .... ~ ................... ~ ......... $4,142,217.72 239,988.17 35,549.14 (1) Appropriated from General Revenue (A08210191303) $ 154,488.17 (2) Appropriated from General Revenue (A08210190703) (154,488.17) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST CityClerk APPROVED Mayor 251 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26034. AN ORDINANCE relating to the improvement of Gus Nicks Boulevard and approving a contract to be entered into between the City and the Virginia Department of Highways and Transportation with respect thereto; 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, and the City Clerk is authorized to attest, the requisite contract between the City and the Commonwealth of Virginia, Department of Highways and Transportation, for implementation of the Gus Nicks Boulevard Project, U000-128-114, C-501, B609, which will realign and widen Gus Nicks Boulevard. This agreement shall bind the City to pay a portion of the total project cost, estimated to be $2,789,763.43, the City's estimated portion to be $154,488.17 This agreement may contain any other provisions that the City Manager may require and shall be in such form as 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 Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26036. A RESOLUTION concurring in the City Manager's recommendation with respect to charges in certain parking rates for the Municipal Parking Garage. BE IT RESOLVED by the Council of the City of Roanoke that Council concurs in the recommendations of the City Manager, as set out in a report to Council dated May 10, 1982, that parking rates for the Municipal Parking Garage be increased effective July 1, 1982, according to the following schedule: New Element Rate First 1/2 hour $ .35 Second 1/2 hour .35 Each Additional 1/2 hour $ .35 Maximum 24 hours $ 1.75 Early Bird $ 1.50 Monthly $25.00. APPR.OVED ATTEST: City Clerk Mayor 25,2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26037. A RESOLUTION authorizing the holding of two regular Council meetings each month during the months of June, July and August, 1982. WHEREAS, Rule 1, Section 2-15, Rules of Procedure, of the Code of the City of Roanoke (1979), as amended, directs that the Council of the City of Roanoke shall hold regular meetings of the Council on the first, second and fourth Mondays of each month, except during the months of June, July and August of each year, during which months the Council may, by ordinance or resolution, establish a schedule of meetings of not less than two per month. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the regular meetings of the Council of the City of Roanoke for the months of June, July and August, 1982, shall be as follows: a) June 14, 1982 - 7:30 P.M. b) June 28, 1982 - 2:00 P.M. c) July 12, 1982 - 7:30 P.M. d) July 26, 1982 - 2:00 P.M. e) August 9, 1982 - 7:30 P.M. f) August 23, 1982 - 2:00 P.M. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26039. AN ORDINANCE accepting a proposal and awarding a contract for removal and disposal of sludge from the Sewage Treatment Plant; authorizing the proper 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 proposal of Bio-Gro Systems, Inc. of Annapolis, Maryland for furnishing all tools, labor, machinery and materials necessary to remove, transport and dispose of by June 11, 1983 a minimum of 11,000 and a maximum of 15,000 tons of digested sludge from the Sewage Treatment Plant, in accordance with the City's plans and specifications, at the unit price of $77.36 per dry ton, for a total sum not to exceed $1,160,400.00 without prior authorization of Council, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest the requisite unit price contract, on such form approved by the City Attorney, with the aforesaid firm, such contract to have incorporated therein 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 require. 3. Upon satisfacory completion of said work, or any agreed upon part thereof, accepted by the City as meeting all of said specifications, the Director of Finance shall be authorized to make payments to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to appropriations heretofore or simultaneously being made by the Council for this purpose. 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 253 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26040. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tions Ordinance and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare Citizens Services Committee (1-22 & 27) ................................... Public Safety Contributions to Rescue Squads (23-25) .................................... General Government Director of Human Resources (26) .......................................... $ 8,299,081.0~ 323,585.01 12,441,459.01 74,500.01 3,350,076.01 75,242.01 (1) Big Brothers (2) Child Abuse & Neglect (3) CORD (4) Blue Ridge Epilepsy Founda- tion (5) Family Service Homemaker (A01522070001) (A01522070002) (A01522070004) (A01522070005) (A01522070006) (6) Free Clinic of Roanoke Valley(AO1522070008)' (7) King & Kennedy (8) League of Older Americans (9) Planned Parenthood (10) Roanoke Area Ministries (11) Roanoke Neighborhood Alliance (12) Roanoke Symphony Society (13) Roanoke Valley Speech & Hearing (14) Southwestern Virginia Health Systems (15) TAP (16) Trust (17) Radar (18) Western Virginia Emergency Medical Services (19) Association for Retarded Citizens (20) Charity Community House (21) Roanoke Valley Information and Referral (22) West End Community Center (23) Roanoke Life Saving Crew (24) Williamson Road Life Saving Crew (25) Hunton Life Saving Crew (26) Fees for Professional Services (27) Contingency (A01522070009) (A01522070010) (A01522070015) (A01522070016) (A01522070017) (A01522070018) (A01522070020) (A01522070022) (A01522070023) (A01522070025) (A01522070026) (A01522070027) (A01522070029) (A01522070030) (A01522070033) (A01522070034) (A01326070002) (A01326070004) (A01326070006) (A01127020010) (A01522070099) 3,100.00 1,000.00 1,120.00 800.00 23,000.00' 11,000.00 2,600.00 16,000.00 8,000.00 20,000.00 15,000.00 3,000.00 1,000.00 4,745.00 70,000.00 5,000.00 25,000.00 3,600;00 25,520.00 2,000.00 3,600.00 4,000.00 32,000.00 21,000.00 21,500.00 6,000.00 (329,585.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from July 1, 1982. ATTEST: City Clerk APPROVED Mayor 254 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26041. AN ORDINANCE concurring in a requested admendment to that certain agreement dated June 26, 1969, between the City and APCOA, Incorporated (assignee of ITT Consumer Services Corpora- tion), as amended, for the operation of the automobile parking lots at Roanoke Municipal Airport, Woodrum Field, so as to permit an increase in some parking rates; establishing the rates to be charged in such lots; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. This Council concurs in the request of APCOA, Incorporated that~ the rates to be charged by APCOA, Incorporated for shortterm parking at Roanoke Municipal Airport, Woodrum Field, shall be, upon and after the date set out below, as follows: Each 1/2 hour - $0.50 Maximum 24 hours - $7.00; and that the rates to be charged by APCOA, Incorporated for longterm parking in the public parking lot at Roanoke Municipal Airport, Woodrum Field, shall be, upon and after the date set out below, as follows: First hour or portion thereof - Each additional hour or portion thereof - Maximum 24 hours - $1.00 $0.35 $3.50. 2. These rates shall be effective on and after July 1, 1982. 3. Paragraph VII of Annex A of the agreement dated June 26, 1969, as amended, between the City and APCOA, Incorporated shall be amended to the extent of any inconsistency with this ordinance and the remainder of the terms and provisions of such agreement shall remain in full force and effect. 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 May, 1982. No. 26043. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Airport Fund Appropria- tion Ordinance and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Airport Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay $ 4,164,016.19 ADAP Project No. 651004513 (1) .................................... 246,522.00 Land Acquisition (2) ........... · ................................... - 0 - Runway Improvements (3) ........................................... 13,448,378.13 (1) DAP Project No. 651004513 (2) Land Acquisition (3) Runway Improvements (4) Contributed Capital (A04511092101) (A04511092401) (A04511092501) (X04932501) $ 572,674.88 (103,478.00) (97,213.88) 371,983.00 255 BE ITFURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26044. AN ORDINANCE accepting a bid of McDowall & Wood, Inc. for construction of Phase I of the project to extend Runway 23 at Roanoke Municipal Airport, Woodrum Field, 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; awarding associated contracts for construction testing and survey work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subject to the approval of the Federal Aviation Administration (FAA), the bid of McDowall & Wood, Inc., made to the City in the amount of $3,]99,209.65, for construction of Phase I of the Project to extend Runway 23 at Roanoke Municipal Airport, Woodrum Field, 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, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifica- tions made for such work, the terms of the proposal made to the City and to be in such form as approved by the City Attorney. The cost of such work shall be paid out of funds heretofore or simultaneously appropriate by Council. 3. All other bids made to the City for the aforesaid work are REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bids. 4. Subject to the approval of the FAA, the City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contracts (1) with Soil and Material Engineers, Inc~, to perform constructio~ testing in connection with the above project, for a fee not to exceed $65,442.00 and (2) with Buford T. Lumsden & Associates, to perform construction surveys in connection with the above project, for a fee not to exceed $9,500.00. 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 24th day of May, 1982. No. 26046. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance and providing for an emergency. , WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Works $4,220,085.00 Commercial Refuse (1-4) ....................................... 304,497.00 REVENUE Non-Revenue Receipts 1,334,752.00 Sale of Equipment (5) ......................................... 239,600.00 (1) Salaries and Wages (2) Overtime (3) Motor Fuels & Lubricants (4) Equipment Rental (5) Sale of Equipment (A01421210002) (A01421210003) (A01421230030) (A01421240005) (R01101015) $(15,000.00) (18,400.00) (19,000.00) (8,oo0.o0) (60,400.00) 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 May, 1982. No. 26047. A RESOLUTION establishing the fees to be charged by the City for certain refuse collection on and after July 1, 1982. BE IT RESOLVED by the Council of the City of Roanoke that: service: The City of Roanoke shall impose and charge the following fees for refuse collection Rear-loading bulk containers (per collection) Individual Refuse Containers Collected Per Week $ 4.00 per container Weekly Rate 0 - 10 11 - 25 26 - 50 51 - 100 100 + No Charge $ 4.00 $ 6.oo $ 8.00 $ 10.00 + $2.00 for each increment of 50 or more addi- tional containers over 100. (Example of 100 + calculation: 211 containers collected per week $10 + 211-100 ($2) = $10 + 111 50 50 ($2) : $10 + 2 ($2) : $14) 2. The terms "rear-loading bulk container" and "individual refuse container" shall be as defined in the Code of the City of Roanoke (1979), as amended. 257 ATTEST: 3. No charge shall be levied against single-family residential dwellings or duplexes. 4. Such fees shall apply to all collections made on and after July 1, 1982. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of May, 1982. No. 26048. AN ORDINANCE to repeal Section 14-23, "Individual refuse container" defined, 14-24, "Minimum level of service" defined; additional charge for exceeding such level, 14-34, When required, 14-35, Defined; specifications, and 14-37, Charge for collections, Code of the City of Roanoke (1979), as amended; to amend and reordain Section 14-19, Placement of business establish- ment containers for collection; "central business district" defined; frequency of and charge for collection in central business district, and 14~36, Location on premises; only refuse in container to be removed from same premises, Code of the City of Roanoke (1979), as amended; to add new Sections 14-4, Definitions, 14-5, When bulk container required, 14-6, Fees for collection, 14-7, Rules and regulations, 14-35.1, Bulk container collection service provided by city, and new Division 3, Private collection of bulk containers, including Sections 14-41, License required; 14-42, Application for license; 14-43, Revocation of license, 14-44, Rate regulation; submission of rate schedules, and 14-45, Placement and maintenance of front-loading containers, to the Code of the City of Roanoke (1979), as amended; the repealed, amended and added sections relating to refuse collection, including individual refuse containers and bulk containers, regulation of refuse collection, including fees, and licensing of certain private bulk container collectors; and providing for an emergency and an effective date. WHEREAS, the City Council has previous%y elected to discontinue front-loading bulk container refuse collection service by the City effective July 1, 1982; WHEREAS, Council is desirous of regulating the collection of refuse in the city by city forces and by private parties in order to protect the public health, safety and welfare and to promote good sanitation and cleanliness, to curb litter and to protect the environment; WHEREAS, the Council is expressly authorized by Section 15.1-28.1, Code of Virginia (1950), as amended, to regulate the services rendered by any business engaged in the pickup and disposal of garbage, trash or refuse, including the regulation of rates for such service; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Sections 14-23, "IndiVidual refuse container" defined, 14-24, "Minimum level of service" defined; additional charge for exceeding such level, 14-34, When required, 14-35, Defined; specifications, and 14-37, Charge for collections, Code of the City of Roanoke (1979), as amended, are hereby REPEALED. 2. Sections 14-19, Placement of business establishment containers for collection; "central business district" defined; frequency of and charge for collection in central business district, and 14-36, LoCation on premises; only refuse in container to be removed from same premises, Code of the City of Roanoke (1979), as amended, are hereby AMENDED and REORDAINED to read and provide as follows: Section 14-19. Collection in central business district. (a) Individual refuse containers'used by commercial establishments must be accessible to refuse collection trucks or placed for collection in locations designated by the city manager. (b) Within the central business district, unless other provisions are made for such service, individual refuse container collection service will be provided to each street address five nights per week; provided, however, service to single family and duplex residential properties shall be provided only once per week. The occupant at every street address receiving city ser- vice or the owner thereof shall make arrangements with the city for refuse collection and such person shall be responsible for and shall pay a charge for such service in such amount as is prescribed by City Council. (c) Should the city manager, in his discretion, determine that the imposition of refuse charges by street addresses is inappropriate or impracticable at any location within the central business district, the city manager shall have the authority to make a reasonable adjustment in such charge at such location. II - -- II 258 (d) Refuse shall be collected from within the central business district nightly, Monday through Friday. Such refuse shall be placed in the required containers adjacent to the curb between the hours of 5:00 p.m. and 8:00 p.m. on the day of collection. (e) As used in this chapter, the term "central business district" shall mean that area bounded on the north by the Norfolk and Western Railroad tracks; on the east by Third Street, S. E.; on the south by Elm Avenue, S. E. from Third Street, S. E., to Jefferson Street, by Day Avenue, S. W., from Jefferson Street, to Franklin Road, S. W., and by Marshall Avenue, S. W., from Franklin Road, S. W., to Fifth Street, S. W.; and on the west by Fifth Street, S. W., and shall include all properties fronting on any of the aforementioned streets. Section 14-36. Placement and use of rear-loading containers. Rear-loading containers shall be placed at a location on the premises satisfactory with the city manager. Only refuse generated from the premises on which such container is located shall be placed in such container. 3. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new sections and new Division 3. Section 14-4. Definitions. (a) "Front-loading bulk container" shall mean a metal container of not less than four (4) cubic yards nor larger than eight (8) cubic yards in capacity and shall be constructed so that it may be mechanically lifted onto a front- loading refuse vehicle upon collection. The' unit, except units in servic~ .Qn the date of adoption hereof, shall have sliding doors on both sides and a hinged door on the top. (b) "Individual refuse container" shall mean any garbage can, plastic bag or other container or bundle of garbage or refuse reasonably capable of being manually emptied by one person into a refuse collection vehicle. "Individual refuse containers" shall comply with the requirements of Sections 14-15 and 14-17 of this Code. (c) "Rear-loading bulk container" shall mean a metal container of not less than two (2) cubic yards nor larger than three (3) cubic yards in capacity and shall be constructed so that it may be mechanically lifted onto a rear- loading refuse vehicle upon collection. The unit shall have top-loading doors and a one and one-half inch drain pipe and casters. The gross weight of the rear-loading container with refuse shall not exceed four thousand (4,000), pounds. Section 14-5. When bulk containers required. -Except in the central business district, as defined by Section 14-19 of this Code, any business, commercial establishment, institution, apartment building or multi-family dwelling complex that, during any consecutive four- week period, has at any location, which location shall be determined by the city manager, an average of eleven (11) or more individual refuse containers per week shall be required to have a front-loading or rear-loading bulk container, unless the city manager determines that bulk container collection is inappropriate because of inaccessibility to collection vehicles or space limitations of the premises involved. Section 14-6. Fees for collection. Fees for garbage, trash and refuse collection and removal by the city shall be established by Council from time to time by resolution. Except as to single family residences and duplexes, there shall be a fee established by resolution of Council for collection of individual refuse containers where at any location, which shall be determined by the city manager, an average of eleven (11) or more individual refuse containers per week are placed for collection by the city during any consecutive four-week period. Section 14-7. Rules and regulations. The city manager shallbe authorized to promulgate rules and regulations with respect to the collection and removal of garbage, trash and refuse by the city and by persons licensed by the city to provide bulk container collection service. Such rules and regulations shall be intended to protect the public health, safety and welfare and to promote good sanitation and cleanliness, to curb litter and to protect the environment. Section 14-35.1. Bulk container collection service provided by city. Rear-loading bulk container service shall be available from the city, and the occupant of every street address desiring such service shall make arrangements with the city for such service and be responsible for and pay such fee as may be prescribed by City Council. Front-loading bulk container service willnot be provided by the city. x59 DIVISION 3. PRIVATE COLLECTION OF BULK CONTAINERS. Section 14-41. License required. No person shall operate or cause to be operated any front-loading bulk container or rear-loading bulk container collection service within the city without first having obtained a license from the city manager. There shall be no fee for such license. No license shall be required for any person to remove and dispose of garbage, trash.or refuse from his own premises. Section 14-42. Application for license. (a) An applicant for the license required by this division shall file with the city manager an application which sets forth: (1) the name and address of the applicant; (2) the trade name under which the applicant does or proposes to do business; (3) the applicant's rate schedule for uncompacted bulk container service; (4) whether the applicant or any officer or principal of the applicant has been convicted of any violation of federal, state or municipal law; and (5) any other information required by the city manager relating to the ability of the applicant to operate consistently with the public health, safety and welfare. (b) The city manager shall make or cause to be made an investigation, including any hearing deemed desirable, and, within sixty (60) days after the filing of such application, grant or deny a license. Should any license be denied, the applicant may appeal to City Council which shall, after appropriate hearing, affirm the action of the city manager'or overrule such action and grant a license. Section 14-43. Revocation of license. The city manager may revoke for cause, including noncompliance with the provisions of this chapter, any license granted under this division, but such action shall be subject to review and reversal by the City Council, provided the holder thereof petitions the City Council for a hearing within ten (10) days after the mailing to him of written notice of such revocation by the city manager, at the holder's last known address. The city manager's revocation of privileges under such license shall be stayed until the time for appeal to City Council has expired, or, if appeal is filed, until the City Council has acted on such appeal. Section 14-44. Rate regulation; submission of rate schedules. Pursuant to Section 15.1-28.1, Code of Virginia (1950), as amended, City Council expressly reserves the right to regulate rates charged by private persons for front-loading container collection service. Prior to June 15 of each year, all persons licensed to engage in bulk container collection service in the city shall file with City Council their rate schedules for uncompacted front-loading bulk container service. Thereafter whenever any license holder intends to amend or alter his rates for uncompacted front-loading bulk container service, notice of such fact and the proposed new rate schedule for such service shall be filed with City Council at least thirty (30) days prior to the effective date of such amendment or alteration to such rate schedule. Section 14-45. Placement and maintenance of front-loading bulk containers. (a) No person shall place any front-loading bulk container on public property or in public right-of-way without written permission of the city manager nor shall any person place such bulk container on private property in such way that collection of garbage, trash or refuse will obstruct or impede pedestrian or vehicular traffic or otherwise create a safety hazard for traffic. (b) Ail front-loading bulk containers and the immediate area arround them shall be kept clean and sanitary at all times. Refuse shall be completely contained within such container and all doors of the unit shall be kept closed. 4. In order to provide for the preservation of the public health and safety and to provide for 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, 1982. ATTEST: City Clerk APPROVED Mayor 260 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26035. AN ORDINANCE providing for the City's release of its right to demand reconveyance of real property ow~%ed by Southwest Virginia Community Development Fund, in return for an option to repurchase this property, under certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are hereby authorized to execute and attest respectively a deed of release, on such form as approved by the City Attorney, providing for the City's release of its right to demand reconveyance by Southwest Virginia Community Development Fund of Lots 9-14, Block 41, Melrose Land Company, Roanoke, Virginia, which right is set forth in deed dated January 20' 1976, Roanoke City Deed Book 1372, page 324. This instrument shall further provide for the City's option to repurchase this real estate at then fair market value, if, within ten years from the recordation of this instrument, the above land should cease to be used for the purpose of housing a childcare facility. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26038. AN ORDINANCE amending and reordaining Section 32-16, Levied; rate, subsection (a) of Section 32-104, Levied; rate, Section 32-122,.Levied; rate, of the Code of the City of Roanoke (1979), as amended, to establish new tax rates for all real estate and improvements thereon not exempt from taxation, for mobile homes and for all real estate~and tangible personal property of public service corporations, and providing for an effective date for these tax rates. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-16, Levied; rate, subsection (a) of Section 32-104, Levied; rate, and Section 32-122, Levied; rate, of the Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: Section 32-16. Levied; rate. Pursuant to section 2, subsection (1), Roanoke Charter of 1952, as amended, and pursuant to the provisions of the general law of the state, and in order to provide revenue for the operation and administration of the city government, the payment of principal and interest upon the city debt, the operation of the public schools, the support of the public library and for other municipal expenses and purposes, there is hereby imposed and levied, and there shall be collected, for each taxyear, a tax upon all real estate and improvements thereon not expressly exempt from taxation and not the property of a public service corporation, at the rate of one dollar and thirty-five cents ($1.35) on every one hundred dollars ($100.00) of the fair market value of such property. Section 32-104. Levied; rate. (a) For the purposes stated in section 32-16, there is hereby imposed and levied, and there shall be collected, for each tax year, a tax upon all vehicles without motive power, used or designed to be used as mobile homes, as defined in section 36-71(4) of the Code of Virginia, and classified in Section 58-829.3 of the Code of Virginia, at the rate of one dollar and thirty-five cents ($1.35) on every one hundred dollars ($100.00) of fair market value of such property, assessed at one hundred (100) percent of fair market value. Section 32-122. Levied; rate. For the purposes stated in section 32-16, there is hereby imposed and levied, and there shall be collected, for each tax year, a tax on the following classifica- tions of property at the following rates: (1) Upon all real estate and tangible personal property of public service corporations assessed for taxation by the state corporation commission and in the process of equalization of assessment by such commission, at the rates computed pursuant to sections 58-512.1 and 58-514.2, Code of Virginia, which are incorporat- ed by reference herein. (2) Upon all real estate and tangible personal property of public service corporations assessed by the state corporation commission at one hundred (100) percent of fair market value and not in the process of equalization by such commission, at the rate of one dollar and thirty-five cents ($1.35) on every one hundred dollars ($100.00) of such assessed value. 2. The rates of tax herein provided and imposed shall be in force and effect for the tax year commencing on July 1, 1982, and thereafter. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26042. AN ORDINANCE accepting a bid for the privilege of operating a video game room at the Municipal Airport, authorizing the execution of the requisite contract therefor; and rejecting one other bid. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Airport Video, Inc., for the privilege of operating a video game room at the Municipal Airport for a monthly fee of the greater of $750.00 or fifty-five percent (55%) of the monthly gross receipts from such concession, as said bid was received on April 5, 1982, and is now on file in the Office of the City Clerk, be ACCEPTED. 2. The City Manager is authorized and directed, for and on behalf of the City, to enter into and execute the requisite contract with Airport Video, Inc., said contract to be co- signed by its parent company, State Amusement Company, Inc., such contract to have incorporated into it all of the terms, provisions and conditions contained in the City's form or proposal advertised for bids for said concession; said contract to be, otherwise, upon such form as is approved by the City Attorney. 3. The other bid received for said concession is REJECTED, and the City Clerk is directed to so notify such bidder and to express to it the City's appreciation for its bid. APPROVED ATTEST: ~~ City Clerk Mayor 262 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26045. AN ORDINANCE providing for the sale of twelve front-loading refuse trucks, upon certain terms and conditions, by accepting certain bids made to the City therefor; and rejecting certain bids made to the City. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bids made to the City and opened on March 23, 1982, for the sale by the City of twelve (12) front-loading refuse trucks, be ACCEPTED, for the purchase prices set out and with each said truck and the name of each successful bidder as follows: Successful bidder Cycle Systems, Inc. Brandywine Auto Sales Cavalier Equipment Co. County of Franklin, Virginia Bay Disposal, Inc. Total Vehicle Nos. Purchase Price Bid 532 $ 9,750.00 538, 539, 543, 573 and 579 $ 27,632.00 531, 544, 586 $ 35,900.00 519 $ 50,001.00 515, 516 $ 61,110.00 $ 184,393.00 2. The City Manager is authorized and directed to dispose of the aforesaid trucks by transferring title to the appropriate highest bidder at the close of business on June 30, 1982. 3. The other bids made to the City are hereby REJECTED, and the City Clerk is directed to so notify such other bidders and to express the City's appreciation for their bids. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26053. A RESOLUTION approving a certain amendment to Priority No. 8 of the 1995 ThOroughfare Plan Element of the City's Comprehensive Plan. WHEREAS, by Resolution No. 23524, adopted on March 14, 1977, Council adopted the 1995 Thoroughfare Plan as an element of the City's Comprehensive Plan, which Thoroughfare Plan included certain priorities for highway improvements. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has requested that Priority No. 8 of the 1995 Thoroughfare Plan be amended to provide for a grade-level intersection (with two lanes on Kimball Avenue) at U.S. 460 and Kimball Avenue, N. E., rather than the planned above-grade interchange (with four lanes on Kimball Avenue). WHEREAS, the City Planning Commission, after giving notice as required by §15.1-453, Code of Virginia (1950), as amended, conducted a public hearing on the aforesaid proposed amendment, and has recommended in a report to Council dated May 24, 1982, that this amendment be approved. WHEREAS, the notice and public hearing requirements of Section 15.1-450, Code of Virginia (1950), as amended, have been complied with by Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council approves the amendment of Priority No. 8 of the 1995 Thoroughfare Plan to provide for a grade-level intersection (with two lanes on Kimball Avenue) at U.S. 460 and Kimball Avenue, N. E., rather than the planned above-grade interchange (with four lanes on Kimball Avenue), 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: City Clerk APPROVED Mayor IN THE COUMCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26054. A RESOLUTION approving a certain amendment, being Amendment No. 6, to the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA.R-46, located in the northeast section of the City. WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 18344, adopted October 7, 1968, approved the Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, located in the northeast section of the City; and WHEREAS, Council has approved five previous amendments to the said Plan; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority has, by resolution adopted on June 14, 1982, approved a proposed Amendment No. 6 to the Kimball Redevelopment Plan, such Amendment to provide for a change from Highway Right-of-Way Use to Highway Commercial and Light Industrial Use at the intersection of Orange Avenue and Kimball Avenue, N. E., and certain other changes necessary to update the Plan; and WHEREAS, the City Planning Commission has submitted a report dated June 14, 1982, describ- ing the proposed Amendment No. 6 and forwarding a copy of the said Plan as revised by Amendment No. 6, and recommending that it be approved. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Amendment No. 6 to the Kimball Redevelopment Plan for the Kimball Redevelopment Project, Project No. VA. R-46, is hereby APPROVED, and the City Clerk is directed to file with the minutes of this meeting a copy of the revised Plan, entitled "Redevelopment Plan, Kimball Redevelopment Project, Project No. VA. R-46, May, 1982", as revised to include Amendment No. 6. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26055. AN ORDINANCE amending the City's Community Development Block Grant Housing Assistance Plan; authorizing the City Manager or the Assistant City Manager to file appropriate papers, if necessary, with the United States Department of Housing and Urban Development to effect such amendment to the City's Plan; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City's Community Development Block Grant Housing Assistance Plan (HAP) be, and said Plan is hereby amended to provide that the goal for construction and rehabilitation of rental housing for the elderly accommodate at least 136 such units, and said Plan shall be amended in any other regard necessary to accomodate the inclusion of such units, as requested in a report of the City Manager to Council dated June 14, 1982. 264 2. The City Manager or the Assistant City Manager be, and they are hereby authorized to file such papers as may be necessary with the United States Department of Housing and Urban Development in order to provide for the aforesaid amendments to the City's Community Development Block Grant Housing Assistance Plan. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26056. A RESOLUTION approving a Comprehensive Plan dated June 14, 1982, authorizing and approving the renovation of Jefferson High School, known as Project VA. 11-13, proposed by the City of Roanoke Redevelopment and Housing Authority to create approximately eighty (80) units of housing for elderly and handicapped citizens. WHEREAS, there is a need in the City of Roanoke for an additional eighty (80) units of housing to serve elderly and handicapped citizens; and W}IEREAS, the City of Roanoke Redevelopment and Housing Authority proposes to create approximately eighty (80) units by renovating Jefferson High School located on Campbell Avenue in the City of Roanoke; and WHEREAS, by virtue of Sections 36-19.1 and 36-19.2 of the Code of Virginia (1950), as amended, such Comprehensive Plan for such Project and the additional elderly and handicapped housing therein proposed to be constructed is required to be authorized and approved by this Council; and WHEREAS, it appears that the renovation of Jefferson High School and the establishment of approximately eighty (80) dwelling units is necessary to enable said Authority to provide decent, safe, and sanitary housing for elderly and handicapped citizens of the City of Roanoke, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Comprehensive Plan of Project No. VA. 11-13, dated June 14, 1982, prepared by the City of Roanoke Redevelopment and Housing Authority for the renovation of Jefferson High School and the creation of approximately eighty (80) dwelling units by the City of Roanoke Redevelopment and Housing Authority, a copy of said Comprehensive Plan being on file in the Office of the City Clerk, be and is hereby approved by this Council; and that the renovation of Jefferson High School and the creation of approximately eighty (80) dwelling units by said Authority be and is hereby authorized and approved, subject to the terms and conditions of the aforesaid Comprehensive Plan. BE IT FURTHER RESOLVED by the Council of the City of Roanoke that the said eighty (80) dwelling units have been designed specifically for the elderly and handicapped and are therefore in conformance with the City Housing Assistance Plan. ATTEST: ~~,~, City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26057. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General and Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General and Grant Fund Appropriations be, and the same are hereby, amended and reordain- ed, to read as follows, in part: GENERAL FUND APPROPRIATIONS Education $34,457,361.03 Administration (1,8) .................................................. 624,038.00 Instruction (9-18) .................................................... 17,001,106.00 Other Instruction (19-34) ............................................. 2,730,196.38 Attendance and Health Services (35-36) ................................ 198,362.00 Transportation (37-46) ................................................ 1,024,062.40 Food Services (47-57) ................................................. 2,374,758.00 Operation of Plant (58-65) ............................................ 2,996,229.00 Maintenance of Plant (66-77) .......................................... 1,286,881.51 Fixed Charges (78-79) ................................................. 4,996,832.16 Contingency (80) ...................................................... - 0 - GRANT FUND APPROPRIATIONS Roanoke City School Grants (A354000) ESEA Title IV-C CPC 1982-83 (81-85) ................................... Child Development Clinic 1982-83 (86-90) .............................. Bureau of Crippled Children 1982-83 (91-95) ........................... Language Learning Center (96-99) ...................................... Refugee Children Transition 1982-83 (100-106) ......................... $ 2,507,305.57 8,200.00 37,961.20 39,305.40 4,930.00 7,304.99 REVENUE Roanoke City School Grants (R354000) ESEA Title IV-C CPC 1982-83 (107) ..................................... Child Development Clinic 1982-83 (108) ................................ Bureau of Crippled Children 1982-83 (109) ............................. Language Learning Center (110) ........................................ Refugee Children Transition 1982-83 (111) ............................. $ 2,507,305.57 8,200.00 37,961.20 39,305.40 4,930.00 7,304.99 (1) Asst. Superintendents (A01610110103) $ 2,000.00 (2) Other Professional (A01610110104) 4,100.00 (3) Clerical (A01610110107) ( 60,982.00) (4) Census (A01610120102) 185.00 (5) Supplies (A01610130102) 3,020.00 (6) Reports (A01610130103) 227.00 (7) School Board Expenses (A01610133101) 725.00 (8) Travel (A01610133102) 725.00 (9) Supervisors (A01610210106) ( 35,000.00) (10) Elem. Principals (A01610210111) ( 1,875.00) (11) Secondary Principals (A01610210112) 6,125.00 (12) Secondary Asst. Prin. (A01610210114) ( 5,000.00) (13) Elementary Teachers (A01610210115) (1,420,000.00) (14) Secondary Teachers (A01610210116) 1,552,000.00 (15) Other Instr. Staff (A01610210117) ( 1,500.00) (16) Visiting Teachers (A01610210142) ( 18,000.00) (17) Elem. Substitutes (A01610210143) 18,125.00 (18) Secondary Subst. (A01610210144) 53,125.00 (19) Admin. Clerical (A01610310107) 5,200.00 (20) Secondary Clerical (A01610310108) ( 8,800.00) (21) Elementary Clerical (A01610310109) ( 3,600.00) (22) Clerical Substitutes (A01610310110) 6,500.00 (23) Aides (A01610310118) 6,700.00 (24) In-Service (A01610310148) 3,000.00 (25) Tuition (A01610320103) ( 8,725.00) (26) Data Processing (A01610320119) ( 9,869.00) (27) Libraries (A01610330103) 700.00 (28) Central Library (A01610330104) ( 1,400.00) (29) Elem. TextboOks (A01610330105) 3,400.00 (30) Secondary Textbooks (A01610330106) ( 2,300.00) (31) Testing (A01610330209) 456.00 (32) Supplies (A01610330216) 24.00 (33) Special Education (A01610330226) 214.00 (34) Local Travel (A01610333103) 8,500.00 REVENUE - Cont. (35) Clerical (A01610410107) (36) Guidance Supplies (A01610430107) (37) Supervisors (A01610510106) (38) Clerical (A01610510107) (39) Bus Drivers (A01610510126) (40) Garage Employees (A01610510127) (41) Insurance (A01610520106) (42) Tires (A01610530114) (43) Gasoline (A01610530115) (44) Repairs (A01610534101) (45) Trips (A01610560102) (46) Bus Replacement (A01610590101) (47) Director (A01610610105) (48) Clerical (A01610610107) (49) Cafeteria Staff (A01610610128) (50) Social Security (A01610611102) (51) Health Insurance (A01610611104) (52) Insured Deposits (A01610611106) (53) Storage (A01610620113) (54) Armored Car Service (A01610620121) (55) Food Service Material (A01610630116) (56) Food (A01610630117) (57) Vehicle Repairs (A01610634101) (58) Custodial (A01610710104) (59) Clerical (A01610710107) (60) Storekeepers (A01610710131) (61) Security (A01610620114) (62) Custodian Supplies (A01610730118) (63) Motor Vehicle Supplies(A01610730121) (64) Electrical Service (A01610731101) (65) Telephone Service (A01610731102) (66) Director (A01610810105) (67) Clerical (A01610810107) (68) Laborers (A01610810133) (69) Security (A01610820114) (70) Service Contracts (A01610820121) (71) Building Materials (A01610834104) (72) Science Repairs (A01610834108) (73) Stoker/Boiler Repairs (A01610834119) (74) Science Replacement (A01610890108) (75) Health/PE Replacement (A01610890114) (76) Repl. of Stolen Equip.(A01610890118) (77) Repl. to Bldgs. (A01610890127) (78) Worker's Comp. Exp. (A01610920115) (79) Lease of Equip. (A01610940102) (80) Res. for Contingency (A01611532107) (81) Contracted Services (A35420920010) (82) Dissemination (A35420920040) (83) Admin. Supplies (A35420930005) (84) Instr. Supplies (A35420930030) (85) Instr. Travel (A35420933030) (86) Salary (A35451810002) (87) Fringes (A35451811070) (88) Supplies (A35451830005) (89) Travel (A35451833015) (90) Indirect Costs (A35451835040) (91) Salary (A35451910002) (92) Fringes (A35451911070) (93) Supplies (A35451930005) (94) Travel (A35451933015) (95) Indirect Costs (A35451935040) (96) In-Service Training (A35452010040) (97) Consultant (A35452020010) (98) Supplies (A35452030005) (99) Capital Improvement (A35452090105) (100) Teachers (A35490510030) (101) Aide (A35450910031) (102) Fringes (A35490511070) (103) Instr. Supplies (A35490530030) (104) Other Materials (A35490530031) (105) Instr. Travel (A35490533030) (106) Pupil Transportation (A35490533031) (107) Fed. Grant Receipts (R35420921) (108) State Grant Receipts (R35451825) (109) State Grant Receipts (R35451925) (110) Fed. Grant Receipts (R35452021) (111) Fed. Grant Receipts (R35490521) BE IT FURTHER ORDAINED that, an emergency existing, its passage. ATTEST:/._~ ~ ~ APPROVED City Clerk ( 5oo.oo) 500.00 ( 2,OOO.OO) 66.00 50,000.00 ( 2,000.00) (11,648.00) 25.00 (10,000.00) 2,000.00 57.00 53,500.00 815.00 265.00 (56,000.00) ( 9,000.00) 9,400.00 7,875.00 2,750.00 4,200.00 25,600.00 (114,000.00) 95.00 (29,592.00) 900.00 ( 8,000.00) 1,000.00 41.00 7,500.00 57,151.00 18,000.00 ( 1,402.00) 1,402.00 (13,000.00) ( 1,000.00) (lo,ooo.oo) (lO,OOO.OO) ( 2,000.00) ( 4,000.00) ( 2,ooo.oo) ( 1,000.00) ( 1,ooo.oo) ( 3,000.00) ( 2,600.00) ( 2,600.00) (5o,ooo.oo) 700.00 200.00 100.00 6,600.00 600.00 27,403.20 6,788.00 4OO.OO 2,000.00 1,370.00 28,454.40 7,028.00 400.00 2,000.00 1,423.00 1,530.00 500.00 900.00 2,000.00 3,759.00 650.00 271.00 2,029.99 45.00 50.00 500.00 8,200.00 37,961.20 39,305.40 4,930.00 7,304.99 this Ordinance shall be in effect from Mayor 267 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26058. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General and Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General and Capital Fund Appropriations be, and the same are hereby, amended and reordain- ed, to read as follows, in part: GENERAL FUND APPROPRIATIONS Education $34,595,713.94 Capital Outlay (1-9) .............................................. 339,489.19 Non-Departmental 16,422,887.85 Transfers to Other Funds (10) ..................................... 8,706,695.91 CAPITAL PROJECTS FUND Schools 1981 Undesignated Fund Balance (11) ............................... 838,352.91 138,353.91 (1) School Buses (2) Other Motor Vehicles (3) Furniture and Equip. - Oper. (4) Furniture and Equip. - Offices (5) Furniture and Equip. - Schools (6) Improvement of Sites (7) New Buildings (A01611290101) (A01611290103) (A01611290105) (A01611290107) (A01611290109) (A01611290113) (A01611290114) (8) Alteration of Old Build- ings (A01611290115) (9) Other Capital Outlay (A01611290119) (10) Transfer to Capital Fund(A01931037008) (11) Appropriated From General Fund (A01160190403) $ 2,585.20 9,631.29 ( 29.38) (4,142.75) (147,356.71) 8,968.95 (24,857.06) 17,947.55 (1,100.00) 138,352.91 138,352.91 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 June, 1982. No. 26060. AN ORDINANCE providing for the amendment of grant contracts with the Commonwealth of Virginia, Department of Aviation in connection with ADAP Project Nos. 6-51-0045-07 and 6-51-0045-09 to utilize remaining funds to purchase real property necessary for Airport improvement; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, H. B. Ewert, or the Assistant City Manager, W. Robert Herbert, is hereby authorized, for and on behalf of the City to accept, execute and file "Amendment No. 1 to Grant Agreement for Project No. 0045-07" and "Amendment No. 1 to Grant Agreement for Project No. 0045-09", both dated May 11, 1982, provided these instruments be on such form as approved by the City Attorney. These grant amendments shall provide that part of the excess grant funds be utilized to acquire land from McDowell and Wood, Inc., for the extension of Runway 5-23, at Roanoke Municipal Airport, Woodrum Field, in the case of the first grant, and to acquire land from Patrick Wingfield and George M. Marshall for safety purposes in connection with Airport development, in the case of the second. 268 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 14th day of June, 1982. No. 26062. AN ORDINANCE authorizing the employment of the professional services of certain architects and engineers to conduct a bridge inspection program for the City of Roanoke, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The firm of Hayes, Seay, Mattern & Mattern, ArchitectsEngineers, of Roanoke, Virginia, is hereby employed to perform certain professional services and to conduct a bridge inspection program for the City of Roanoke and to prepare the reports necessary thereto, said firm to be paid for its services a fee not to exceed $11,500.00 without further authorization of the Council, said fee to be determined on the basis set forth in the written proposal submitted by said firm. 2. The City Manager or Assistant 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, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's requirements and plans and specifications made for such work, the terms of the proposal made to the City, and the provisions of this ordinance, such contract to 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. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26064. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Mass Transit Facilities $1,323,039.90 Intermodal Transportation Center (1) ............................. 535,802.00 Fund Balance Unappropriated (2) ....................................... 117,194.70 (1) Appropriated From General Revenues (A08190190203) $ 10,482.00 (2) Fund Balance - Unappropriated (X08937210) (10,482.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST:~ 269 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26065. AN ORDINANCE authorizing the appropriate City officials to file an application for an amendment to the City's grant from the Commonwealth of Virginia relative to the proposed Transporta- tion Center; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The appropriate City officials are authorized and directed to'file and execute a grant application, together with ancillary and other effecting instruments, with the Commonwealth of Virginia, Department of Highways and Transportation, to amend the City's capital assistance grant for UMTA project VA-03-0023, relative to the proposed Transportation Center, in order to increase by $199,161 the amount of the requested grant award. This amendment would result in the City's share of this funding being increased by $10,482 and these latter funds, together with the requested increase of $199,161, if allowed, shall be paid for the construction of the Transportation Center from funds appropriated for this purpose. 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 14th day of June, 1982. No. 26066. A RESOLUTION designating Greater Roanoke Transit Company as the legal recipient of state transportation grant funds. BE IT RESOLVED by the Council of the City of Roanoke that effective on July 1, 1982 this Council designates Greater Roanoke Transit Company as its legal recipient of transportation grant funds for mass transit from the Commonwealth of Virginia, Department of Highways and Transportation; provided, however, that nothing herein shall affect the Commonwealth's capital assistance grant for UMTA Project VA-03-0023, or any amendment thereto, relative to the proposed Transportation Center. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26067. A RESOLUTION designating the Clean Valley Committee, Inc., to develop a coordinated litter control program for the entire Roanoke Valley and authorizing such Committee to apply for certain grant funds from the Commonwealth for operation of such program. WHEREAS, the City of Roanoke recognizes the existence of a litter problem within the boundaries of the this City; WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of Grants for the purpose enhancing local litter control programs; and 27'0 WHEREAS, having reviewed and considered the regulations and the application covering administration and use of said funds, the Council endorses and supports such a program for the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council expresses its intent to combine with the City of Salem, Town of Vinton, and Roanoke County in a mutually agreed upon cooperative program contingent on approval of the application by the Department of Conservation and Economic Development, Division of Litter Control, and contingent upon the receipt of funds. 2. The Clean Valley Committee, Inc., is authorized to plan and budget for a cooperative litter control program, which shall represent said program for all localities named in this resolu- tion. 3. Such Committee is authorized to apply on behalf of all of the above-named localities for a grant and be responsible for the administration, implementation and completion of the program. 4. This City accepts responsibility jointly with the Clean Valley Committee and the City of Salem, Town of Vinton, and Roanoke County for all phases of the program. 5. 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. 6. Said funds, when received, shall be transferred immediately to the Clean Valley Committee, Inc., or if coordinated by the Planning District Commission, said funds shall be sent directly to the Planning District Commission by the Department. Ail funds will be used in the Cooperative Program to which Council gives its endorsement and support. 7. The Department of Conservation and Economic Development, Division of Litter Control, 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26068. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIAT ION S Streets and Bridges $5,284,641.60 Downtown Street Lighting & Improvements (1) ........................ 1,173,223.00 Fund Balance Unappropriated (2) ......................................... 125,400.70 (1) Appropriated From General Revenue (2) Fund Balance - Unappropriated (A08210192403) $ 8,206.00 (X08937210) (8,206.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk 27% IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26069. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern for certain engineering and design services related to the Downtown Street Lighting portion of the Century Project; 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 Hayes, Seay, Mattern & Mattern, dated February 4, 1981, such contract being authorized by Ordinance No. 25466, adopted January 26, 1981. ed: Change Order No. 1 shall provide for the following changes in the work to be perform- CONTRACT AMOUNT $ 32,150.00 Increase scope of design services + 8,206.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 40,356.00 Additional time resulting from Change Order No. 1 NONE 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26070. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Recreation $1,305,720.50 Elmwood Park (1) ............................................... 631,768.00 Fund Balance Unappropriated (2) ..................................... 145,170.00 (1) Appropriated from General Revenue (A08170190803) $ 19,770.00 (2) Fund Balance - Unappropriated (X08937210) (19,770.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 272 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26071. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Moore, Grover, Harper for architectural and engineering services related to the Elmwood Park Extension and the Elmwood Fountain and Rose Garden; 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 Moore, Grover, Harper, such contract being authorized by Ordinance No. 25500, dated March 2, 1981. 2. Change Order No. 1 shall provide for the following changes to the work to be performed: CONTRACT AMOUNT $ 72,310.00 Additional services to the original design services contract including expansion of the project site, user group coordination, coordination of park design project with Library design and additional unanticipated costs arising from preparation of twosets of plans and specifications, incorporation of many donated or reused items and extended time of construction, administration and construction. CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 19,770.00 92~080.00 Additional time resulting from Change Order No. 1 NONE 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26072. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Recreation $1,310,335.24 Five City Park Improvements (1) ................................. 65,614.71 Capital Improvement Reserve 1,525,034.20 Completed Projects Excess Appropriations (2) .................... 1,964.20 (1) Appropriated From General Revenues (A08170191003) (2) Completed Projects Excess Appropria- tions (A08310162502) $ 4,614.74 (4,614.74) 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 14th day of June, 1982. No. 26073. AN ORDINANCE authorizing the issuance of Change Order No. 2 to the City's contract with Boxley Construction Company, Inc., for improvements to five City parks; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Boxley Construction Company, Inc., for construction of improvements to five City parks, such contract having been authorized by Ordinance No. 25778, adopted on September 28, 1981. formed: 2. Change Order No. 2 shall provide for the following changes in the work to be per- CONTRACT AMOUNT $ 335,500.00 Scarify the present tennis courts, build proper slope into base material, compact base, pave and finish tennis courts to match newer courts in the city. Install new net posts in sleeves. Complete fencing around courts and provide two 3 foot per- sonnel gates and a 12-foot equipment gate. $ 16,194.00 Construct new practice board on south end of court, braced off the fence. Board to be 8' high and 12' wide or 2 X 4's at 2' o.c. with 3/4" exterior grade plywood. Paint with 3 coats exterior house paint to match green of court finish. $ 582.00 Provide and install two benches and trash can on concrete pad on each side of court fence (4 benches and 2 trash cans on concrete pads.) Benches, trash cans and concrete pads as detailed on contract documents. $ 2~652.00 Total of Change Order No. 2 $ 19,428.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 and NO. 2 $ 358,719.54 Additional time resulting from Change Order No. 2 NONE 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26074. A RESOLUTION amending Resolution No. 23198, adopted August 23, 1976, declaring the old City Garage property surplus and providing that the buildings be razed prior to its sale. BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 23198, adopted August 23, 1976, is amended by excising the following words: "except that the Campbell Avenue garage and warehouse property [shall] not be sold until the buildings located there are razed by the City." ATTEST: APPROVED 2 7 3 274 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26076. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General and Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General and Capital Fund Appropriations be, and the same are hereby, amended and reordain- ed, to read as follows, in part: GENERAL FUND APPROPRIATIONS Non-Departmental $15,114,534.94 Transfers to Other Funds (1) ....................................... 8,598,343.00 Community Development Economic Development & Grants (2) .................................. 917,298.00 62,302.00 CAPITAL FUND APPROPRIATIONS Capital Improvement Reserve 1,668,165.57 Economic Development (3) ........................................... 30,000.00 (1) Transfer to Capital Fund (2) Fees for Prof. Services (3) Economic Dev. (A01931037008) (A01812020010) (A08310172511) $ 30,000.00 (3O,OOO.OO) 30,000.00 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 June, 1982. No. 26077. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Civic Center Fund Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Civic Center Fund Appropriation Ordinance be, and the same are hereby, amended and reor- dained, to read as follows, in part: APPROPRIATIONS General Operating $1,175,074.39 Utilities & Communications (1-2) ................................. 291,801.00 Promotional Expense Personal Services (3-4) .......................................... Contractual Services (5) ......................................... 88,986.00 69,000.00 19,986.00 Transfers 8,584,343.00 Transfers to Civic Center (6) .................................... 639,424.00 Contingencies Contingency Reserve (7) .......................................... 42,603.00 42,603.00 275 REVENUE Operating Revenue $ 634,390.00 Rentals (8) ..................................................... 382,190.00 (1) Water and Sewage (2) Gas (3) Event Expenses - Police (4) Event Expenses - Ushers (5) Promotional Advertising (6) Civic Center Fund (7) Contingency Reserve (8) Coliseum (A05210531015) (A05210531020) (A05210610006) (A05210610012) (A05210620015) (A01931037005) (A01941032006) (R05205002) $ 12,600.00 20,754.00 5,700.00 5,100.00 11,036.00 16,000.00 (16,000.00) 55,190.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26078. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Parks, Recreational, and Cultural $2,550,819.48 Library (l&2) .................................................... 817,926.00 Health and Welfare 9,249,759.32 Social Services - Services (3) ................................... 3,135,430.00 REVENUE Grants-in-Aid Commonwealth 29,536,335.00 Welfare (4) ...................................................... 6,367,010.00 (1) Books & Publications (A01731030047) $ 5,000.00 (2) Electric (A01731031010) 12,000.00 (3) Purchased Services (A01531450033) (85,000.00) (4) Public Assistance (R01061505) (68,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~~ City Clerk APPROVED Mayor 276 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26079. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the ususal daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $9,351,788.73 Fuel Assistance (1) ................................................ 1,157,436.00 Grants-in-Aid Commonwealth 29,742,369.00 Fuel Assistance (2) ................................................ 1,142,941.00 (1) Fuel Assistance Allotments (2) Fuel Assistance (A01531551801) (R01061525) $138,034.00 138,034.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk ~'~yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26080. AN ORDINANCE authorizing a certain contract to be entered into With the Roanoke City Electoral Board to provide that the Registrar and her employees will be entitled to certain City benefits and shall comply with certain provisions of the City personnel rules and regulations; 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 a written contract with the Roanoke City Electoral Board, providing for certain City benefits being made available to the Registrar and her deputies and employees and providing further for the com- pliance by the such Registrar and her deputies and employees with certain City personnel policies set forth in the Code of the City of Roanoke (1979), as amended, and in the Personnel Operating Procedures of the City, 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. In order to provide for the usual daily 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 ATTESTz~_~~ City Clerk Mayor 277 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26081. AN ORDINANCE amending Chapter 10, Elections, of the Code of the City of Roanoke (1979), as amended, by adding new §10-3, Duties and Responsibilities of Registrar, ~10-4, Compensation of Registrar and B10-5, Application of ~2-38 through ~2-41, setting forth the duties and responsibilities of the Registrar, providing for the compensatiOn to be paid the Registrar, and providing that the Registrar may enter into an agreement with the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 10, Elections, of the Code of the City of Roanoke (1979), as amended, is hereby amended ~by adding new ~10-3, Duties and Responsibilities of Registrar, ~10-4, Compensation of Registrar and ~10-5, Application of ~2-38 through ~2-41, to read and provide as follows: Section 10-3. Duties and responsibilities of Registrar. The general registrar shall perform those duties and responsibilities prescribed by law or set forth by council. Section 10-4. Compensation of Registrar. The general registrar shall receive compensation according to a schedule of compensation adopted by the State Board of Elections. In addition thereto, the person occupying the office of general registrar on July 1, 1981 shall, during the time she serves in such office, receive from the city an annual supplement in the exact dollar amount of the supplement paid by the city for fiscal year 1981-82. Section 10-5. Application of Section 2-38 through Section 2-41. Subject to agreement in writing by the registrar filed in the office of the city clerk, the provisions of sections 2-38 through 2-41 of this code shall apply to the registrar and employees in the registrar's office. Such consent may be revoked in writing and filed in the office of the city clerk. It shall be the duty of the city clerk to notify the city council, the manager of personnel management and the director of finance of receipt by the city clerk of such written consent or revocation. BE IT FURTHER ORDAINED that, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26082. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 21-43.1, Prohibition against operation of certain lighted athletic facilities after 10:00 p.m.; and providing for an emergency. WHEREAS, Council finds that lighted athletic facilities for the play of baseball, softball, soccer and football attract large numbers of spectators and attendant noise, traffic, dust and litter; WHEREAS, the single family residential zoning districts of the City, RS-l, RS-2 and RS-3, are the zoning districts of least intense use, and property owners in these districts have a reason- able expectation of peace and tranquility and security from certain noxious, dangerous or offensive uses; WHEREAS, Council finds that the play of certain sports at lighted athletic facilities located within or contiguous to RS zoning districts at late hours of the night is incompatible with the character of RS-l, RS2 and RS-3 zoning districts. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 278 1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: Section 21-43.1. Prohibition against operation of certain lighted athletic facilities after 10:00 p.m. No person shall play or permit to be played any game of baseball, softball, soccer, football or similar game or sport on any lighted athletic facility or playfield, regardless of whether such facility is owned by this City or any other political subdivisions of the Commonwealth or any private person, within the boundaries of the City, or permit such facility or playfield to remain lighted, after the hour of 10:00 p.m. any evening if such athletic facility or playfield is located, wholly or par tially, within a district of the City zoned RS as defined by this Code or if the boundaries of the parcel on which such athletic facility or playfield is located are immediately contiguous to another parcel zoned RS as defined by this Code. Any person violating this section shall be guilty of a Class 4 misdemeanor. In ~addition, any such violation is hereby declared a public nuisance and any person suffering injury or damage therefrom may seek the correction, removal or abatement of such nuisance through appropriate suit in equity. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after June 21, 1982. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26083. A RESOLUTION expressing the position of this Council that local governments should have the authoirty to regulate cable television franchises, franchise fees and user rates and expressing opposition to S. 2172 and S. 2445. WHEREAS, the Senate Committee on Commerce, Science and Transportation is considering S. 2172 and S. 2445, entitled the Cable Telecommunications Act of 1982 and the Cable Telecon~nunications Competition and Deregulation Act of 1982, respectively, which would seriously weaken local government authority to regulate cable television franchises, franchise fees and user rates; WHEREAS, cable televison companies make extensive use of the public rights-of-way and rate regulation and franchise fees are the basic tools used by local governments to insure such companies operate in the public interest and according to contract provisions; forces; WHEREAS, cable television systems are monopoly franchises not subject to normal competitive THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council calls on the United States Congress to recognize the essential role cities play in protecting the public interest as it relates to cable television and to recognize, that in their regulation of cable systems, local governments are operating in their true, governmental capacities. 2. Local governments should have full freedom of contract in their dealings with cable operators as a condition of the operator's access to and use of essential governmental assets such as public right-of-way. 3. There exists no compelling reason why legislation based on S. 2172 and S. 2445 must be adopted now, in the absence of further study of this complex area and of further comment from interested local and state governments. 4. If the Senate Committee on Commerce, Science and Transportation believes it must act upon these bills now, it should amend them to preserve the locality's rights and powers to contract with cable television operators, to set rates and franchise fees in this connection and to monitor compliance with cable television franchise agreements. 5. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Harry F. Byrd, Jr., Member, United States Senate, the Honorable John W. Warner, Member, United States Senate, the Honorable M. Caldwell Butler, Member, United States House of Representatives to the members of the Senate Committee on Commerce, Science and Transportation and to the United States Conference of Mayors. APPROVED ATTEST: City Clerk 279 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26084. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Fund 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 1981-82 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant $14,522,907.15 Excess Parking Lot Income (1) ................................... 43,522.26 REVENUE Community Development Block Grant 14,522,907.15 Parking Lot Income (2) .......................................... 414,605.85 (1) Excess Parking Lot Income (RRHA) (2) Parking Lot Income (A35668100402) $43,522.26 (R35666602) 43,522.26 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 June, 1982. No. 26085. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Grant Fund 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 1981-82 Grant Fund Appropriations be, and the ~same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant $14,489,669.57 C.D.B.G. (BO81-MC-51-0020)(1-2) ............................ 2,477,061.86 REVENUE Community Development Block Grant $14,489,669.57 C.D.B.G. Other Program Income Payment (3) .................. 314,585.98 (1) Unprogrammed C.D.B.G. - Rehabilitation Loans (2) Unprogrammed C.D.B.G. - Nonsettlement (3) Other Program Income and Payment (A35668100415) (A35668100416) (R35666603) $ 8,988.68 1,296.00 10,284.68 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 28O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26086. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital and Grant Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared 'to exist. THEREFORE, BE IT.ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital and Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: CAPITAL PROJECTS FUND APPROPRIATIONS Other Public Buildings $6,175,212.02 Williamson Road Parking Garage (1) .............................. 1,237,475.50 Cultural Center Parking Garage (2) .............................. 3,540,607.69 Due From Western Virginia Foundation for Arts and Sciences (3).. 847,979.12 GRANT PROGRAMS FUND APPROPRIATIONS Community Development Block Grant (4) ................................ 14,803,574.89 REVENUE Community Development Block Grant (5) ................................ 14,803,574.89 (1) Appropriated from Capital Grant (2) Appropriated from Capital Grant (3) Due from Western Virginia Founda- tion for Arts and Sciences (4) Williamson Road Parking Garage (5) Sale of Land (A08180191602) (A08180190802) (X08t13301) (A35668101801) (R35666604) $1,118,005.50 (986,OO5.5O) 132,000.00 305,000.00 305,000.00 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 June, 1982. No. 26087. AN ORDINANCE providing for the implementation of Century Project 08-06, consisting of the construction of a 321 space parking garage on Williamson Road, being the first phase of such project, upon certain terms and conditions, by accepting the lowest bid made to the City; authorizing execution of the requisite contract; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Avis Construction Company, Inc., of Roanoke, Virginia, for furnishing within 300 consecutive calendar days all necessary equipment, labor, and materials required for construction of Century Project 08-06, consisting of the construction of a 321 space parking garage on Williamson Road, such being the first phase of construction of such garage, as described in reports of the City Manager and Bid Committee dated May 24, 1982,~being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $1,333,000.00, is hereby ACCEPTED. A contingency for the project in the amount of $90,005.50 shall be established. These sums shall derive from funds heretofore or simultaneously appropriated for this purpose. 2. The City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City, and to be in such form as is approved by the City Attorney. 3. That the other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and express to each the City's appreciation of 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26088. A RESOLUTION authorizing the City Manager to execute a certain amendment to the Urban Development Action Grant (UDAG) agreement pertaining to the Williamson Road and Market District parking garage projects. BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, is hereby authorized and directed to execute, for and on behalf of the City, an amendment dated June 8, 1982, to the Urban Development Action Grant (UDAG) agreement between the City and the United States Department of Housing and Urban Development pertaiqing to Grant No. B-80-AA-51-0016, being the Williamson Road and Market District parking garage projects, the purpose of such amendment being to amend the completion date for the construction of these garages from September 1, 1982, to April 30, 1983. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26089. AN ORDINANCE awarding contracts for roof replacement work at the Municipal Building Annex, Fire Station No. 10, and Area D of the National Guard Armory, upon certain terms and condition by accepting the lowest bids made to the City; authorizing execution of the requisite contracts; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of I. N. McNeil Roofing and Sheet Metal Co., Inc., of Roanoke, Virginia, for furnishing within 120 conSecutive calendar days all necessary equipment, labor, and materials for the replacement of the roof at the Municipal Building Annex for the sum of $41,187.00 and the replacement of the roof at the National Guard Armory, Area D, for the sum of $9,422.00; and the proposal of Valley Roofing Co., Inc., of Roanoke, Virginia, for furnishing within 90 consecutive calendar days all necessary equiPment, labor and materials for the replacement of the roof of Fire Station No. 10 for the sum of $22,630.00, as described %n a report from the Bid Committee dated June 14, 1982, being the lowest and best bids made in full accordance with the City's plans and specifications, are hereby ACCEPTED. The sums for this work shall derive from funds heretofore or simultaneously appropriated for this purpose. 2. The City Manager is hereby authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contracts with the aforesaid firms, such con- tracts to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made'to the City, and to be in such form as is approved by the City Attorney. 3. That the other bids made to the City for the performance of this work are REJECTED. The City Clerk shall so notify the other bidders and 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. ATTEST: City Clerk APPROVED Mayor 282 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26090. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Sewage Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Sewage Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sewage - Capital Outlay $3,970,251.97 Sewer Line Replacement (1) ....................................... 65,000.00 Lateral Maintenance, Replacement & Construction ....................... Capital Outlay (2) ............................................... Accounts R~ceivable - Other Crown Point Developers (3) ....................................... 457,100.00 39,000.00 15,000.00 15,000.00 (1) Sewer Line- Replacement (2) Unidentified Replacement (3) Crown Point Developers (A03511091901) (A03210790001) (X03113601) $ 30,000.00 (15,000.00) 15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26091. AN ORDINANCE accepting a bid and awarding a contract for the construction of the Garden City Boulevard Sanitary Sewer Replacement, PhaseII; authorizing the proper City officials to exe- cute the requisite contract; rejecting certain other bids made therefor; and providing for an emer- gency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of J. P. Turner & Brothers, Inc., for furnishing all tools, labor, machinery and materials necessary to construct the Garden City Boulevard Sanitary Sewer Replacement, Phase II, in full accordance with the City's plans and specifications made for said work, for a total sum not to exceed $60,931.80, be and said bid is hereby ACCEPTED. 2. The City Manager or the Assistant 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, the requisite contract with the aforesaid successful bidder, such contract to have incorporated therein the City's requirements and plans and specifications made for said work, the bidder's proposal made to the City, t. he provisions of .this ordinance and to be upon ,such form as is approved by the City Attorney. 3. Upon satisfactory completion of all said work accepted by the City as meeting all of said specifications, the Director of Finance is authorized to make payments to said contractor in accordance with the provisions of this Ordinance and said contract, charging said payments to appro- priations heretofore or simultaneously being made by the Council for this purpose. 4. Ail other bids made to the City for said work are hereby REJECTED, and the City Clerk is directed to notify said other bidders and to express the City's appreciation for said bids. 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. ATTE~_~ ~ ~ST: p~ APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26092. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects Vancouver & Cornell Storm Drain (1) ................. . ........... Storm Drain Project No. III (2) .............. .~ ................ Williamson Road Storm Drain (3) ................................ $4,504,976.61 43,926.55 -- 0 -- 219,375.26 (1) Appropriated From Bond Funds (2) Appropriated From Bond Funds (3) Appropriated From Bond Funds (A08220193101) (A08220192001) (A08220191101) $ 43,926.55 (15,385.88) (28,540.67) 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 14th day of June, 1982. No. 26093. AN ORDINANCE accepting the bid of S. R. Draper Paving Company for performance of storm drain and curb and gutter work, 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 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 S. R. Draper Paving Company made to the City in the amount of $41,831.55 for performing storm drain and curb and gutter work on or near Cornell Drive, Vancouver Drive and Rutgers Street in the City, 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, 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 such company based upon the proposal made to the City and the City's specifications therefor, said contract to be in such form as is approved by the City Attorney; 3. Ail 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 bids; and 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 284 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of June, 1982. No. 26094. A RESOLUTION recognizing the services of the local life saving crews during the City's Centennial parade. WHEREAS, on May 15, 1982, the City of Roanoke celebrated its Centennial with a parade in downtown Roanoke; WHEREAS, the parade was composed of 250 units and 5000 participants and was witnessed by tens of thousands of spectators; WHEREAS, crew members from Cave Spring Rescue Squad, Clearbrook Rescue Squad, Hollins Rescue Squad, Hunton Life Saving Crew, Mount Pleasant Rescue Squad, Roanoke Life Saving and First Aid Crew, Salem Rescue Squad, Inc., Vinton First Aid Crew and Williamson Road Life Saving Crew labored tirelessly to minister to the needs of the many persons who suffered from heat exhaustion and other ailments during the parade and to insure the comfort and well-being of both partici- pants and spectators; WHEREAS, the Roanoke Life Saving and First Aid Crew, Inc., in addition to providing needed rescue services, coordinated the Valley-wide effort to provide first aid and emergency services to the participants and spectators at the Centennial parade; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution to recognize the outstanding contributions of the Roanoke Life Saving and First Aid Crew, Inc., Cave Spring Rescue Squad, Clearbrook Rescue Squad, Hollins Rescue Squad, Hunton Life Saving Crew, Mount Pleasant Rescue Squad, Salem Rescue Squad, Inc., Vinton First Aid Crew and Williamson Road Life Saving Crew during theCentennial parade; and 2. The City Clerk is directed to forward an attested copy of this resolution to said organizations. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26049. AN ORDINANCE permanently vacating, discontinuing and closing a 20 ft. drainage easement across property on Belle Avenue, N. E., in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Stephen B. Colwell and Joan F. Colwell, have heretofore filed their application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described drainage easement, which is more particularly described hereinafter; and WHEREAS, Stephen B. Colwell and Joan F. Colwell did, on March 25, 1982, duly and legally publish a notice of their intention to file their application with Council by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia, (Campbell Avenue entrance and at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the appli- cation addressed to Council; and WHEREAS, a public hearing was held on said application by the Council on June 14, 1982, at 7:30 p.m., after due and timely notice thereof by publication in The Roanoke Times & World-News, in compliance with the requirements of Section 15.1-482 and 431, 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 request- ed closing of the hereinafter described 20' drainage easement 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 for permanently vacating, discontinuing, and closing said 20' drainage easement, as requested by Stephen B. Colwell and Joan F. Colwell, and recommended by the City Engineer. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain 20' drainage easement situate in the Springtree Subdivision in the City of Roanoke, Vir- ginia, and more particularly described as follows: STARTING at a point on the northerly side of Belle Avenue, N. E., said. Point being corner to property owned by Joel J. Ewen and property owned by Stephen B. Colwell and Joan F. Colwell; thence leaving said point N. 33 deg. 09' 46" W. 20.09 feet to point 1, the PLACE OF BEGINNING: thence leaving Ewen property S. 51 deg. 23' 40" W. 20.09 feet to point 2; thence N. 33 deg. 09' 46" W. 100.44 feet to point 3; thence N. ~1 deg. 23' 40'~ E. 20.09 feet to point 4; thence S. 33 deg. 09' 46" E. 100.44 feet to the PLACE OF BEGINNING. be, and it hereby is, permanently vacated, discontinued, and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark '~permanently vacated" on said 20' drainage easement on all maps and plats on file in his office on which said 20" drainage easement is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of Stephen B. Colwell and Joan F. Colwell and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: ~~ ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26050. AN ORDINANCE permanently vacating, discontinuing and closing an alley 10 feet in width extending in an East/West direction from 25th Street to 27~h Street, between Shenandoah Avenue and Johnston Avenue, N. W., in the City of Roanoke, Virginia, as is more particularly described here- inafter. WHEREAS, Natalie R. Foster and Mary R. Waynick, have heretofore filed their application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described alley, which is more particularly described hereinafter; and WHEREAS, Natalie R. Foster and Mary R. Waynick did, on March 16, 1982, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia~'as amended, a notice of their application to the Council by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), and at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to Council; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on MaY 5, 1982, report to Council and recommended that the hereinafter described allley be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on June 14, 1982, at 7:30 p.m., after due and timely notice thereof by publication in The Roanoke Times & World-News, 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 request- ed closing of the hereinafter described alley 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 for permanently vacating, discontinuing, and closing said alley as requested by Natalie R. Foster and Mary R. Waynick, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley situate in the City of Roanoke, Virginia, and more particularly described as follows: An alley 10 feet in width extending in an East/West direction from 25th Street to 27th Street, between Shenandoah Avenue and Johnston Avenue, N. 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, 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 alley, together with the right of ingress or egress for the maintenance of such lines, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described alley 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 alley on all maps and plats on file in his office on which said alley is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the names of Natalie R. Foster and Mary R. Waynick and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26051. AN ORDINANCE to amend Section 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 715, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have 5.003 acre tract of land located on U. S. Highway 460 (Orange Avenue) adjacent to Seibel Brothers Equip- ment Company, designated on the Roanoke City Appraisal Map as Official Tax No. C-7150102 with legal description so attached, be rezoned from C-2, General Commercial District to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-2, General Commercial District to LM, Light Manufacturing District. WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of. Roanoke (1979), as amended, relating to zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 14th day of June, 1982, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that hereinafter the described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to zoning, and Sheet No. 715 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: PROPERTY located on Orange Avenue (Highway 460) described as 5.003 acres adjacent to Seibel Brothers Equipment Company, designated on Sheet No. 715 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. C-7150102 be, and is hereby changed from C-2, General Commercial District, to LM, Light Manufacturing District, and that Sheet No. 715 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Z. 97 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26052. AN ORDINANCE to amend Sections 36~3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 307 and 311, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning; subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have the property described as follows, to-wit: PARCEL 1: BEGINNING at a point on the southerly side of Lone Oak Avenue, said point being the northwesterly corner of Lot 22, Section 5, Oakland surVey No. 1; thence with the southerly side of Lone Oak Avenue, N. 86 deg. 44' 37" E. 226.33 feet to a point in the line of the Wilson Trucking Corporation property; thence departing Lone Oak Avenue and with the Wilson Trucking Corporation property, the following courses and distance: S. 03 deg. 28' 43" E. 175.04 feet; S. 86 deg. 44' 37" W. 230.06 feet to a point at the southwesterly corner of the aforesaid Lot 22, Section 5, Oakland Survey No. 1; thence with the line common to Lot 22 and 21, Section 5, Oakland Survey No. 1, N. 02 deg. 15' 23" W. 175.00 feet to the point of BEGINNING, containing 0.9168 acres, and being Lots 22-25, inclusive, Section 5, Oakland Survey No. 1, as shown on a plat by Ross & France, Ltd., dated April 2, 1982, being Official Tax Nos. 3071022, 3071024 and 3071025; PARCEL 2: BEGINNING at the point of intersection of the southerly right-of-way line of Thurston Avenue with the easterly right-of-way line of Colgate Street; thence with the southerly right-of-way of Thurston Avenue, N. 82 deg. 40' 16" E. 213.27 feet to a point in the westerly line of the Wilson Trucking Corporation property; thence departing Thurston Avenue and with the Wilson Trucking Corporation property, S. 03 deg. 28' 43" E. 328.69 feet to a point on the northerly side of Lone Oak Avenue; thence with the northerly side of Lone Oak Avenue, S. 87 deg. 44' 37" W. 204.64 feet to a point in the aforesaid easterly right-of-way line of Colgate Street; thence with Colgate Street, N. 04 deg. 59' 33" W. 310.12 feet to the point of BEGINNING, containing 1.5304 acres, and being Lots 1-6, inclusive, Section 9, Oakland Survey No. 1, as shown on a plat by Ross & France, Ltd., dated April 2, 1982, and being Official Tax Nos. 3110606, 3110605, 3110604, 3110603, 3110602, and 3110601; TOGETHER WITH that portion of Lone Oak Avenue (to be closed) lying between said parcels, be rezoned from RD, Residential District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Residential District, to LM, Light Manufacturing District, the said rezoning to 'be subject to the conditions proffered by the applicants in their amended application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for said notice was held on the 14th day of June, 1982, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 36-3 and 36- 4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet Nos. 307 and 311 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: PROPERTY located on the southerly side of Lone Oak Avenue, and on the southerly side of Thurston Avenue and the easterly side of Colgate Street, described as follows, to-wit: PARCEL 1: BEGINNING at a. point on the southerly side of Lone Oak Avenue, said point being the northwesterly corner of Lot 22, Section 5, Oakland Survey No. 1; thence with the southerly side of Lone Oak Avenue, N. 86 deg. 44' 37" E. 226.33 feet to a point in the line of the Wilson Trucking Corporation property; thence departing Lone Oak Avenue and with the Wilson Trucking Corporation property, the following courses and distances: S. 03 deg. 28' 43" E. 175.04 feet; S. 87 deg. 44' 37" W. 230.06 feet to a point at the southwesterly corner of the aforesaid Lot 22, Section 5, Oakland Survey No. 1; thence with the line common to Lot 22 and 21, Section 5, Oakland Survey No. 1, N. 02 deg. 15' 23" W. 175.00 feet to the point of BEGINNING, containing 0.9168 acres, and being Lots 22-25, inclusive, Section 5, Oakland Survey No. 1, as shown on a plat by Ross & France, Ltd., dated April 2, 1982, being Official Tax Nos. 3071022, 3071024 and 3071025; PARCEL 2: BEGINNING at the point of intersection of the southerly right-of-way line of Thurston Avenue with the easterly right-of-way line of Colgate Street; thence with the southerly right-of-way of Thurston Avenue, N. 82 deg. 40' 16" E. 213.27 feet to a point in the westerly line of the Wilson Trucking Corporation property; thence departing Thurston Avenue and with the Wilson Trucking Corporation property, S. 03 deg. 28' 43" E. 328.69 feet to a point on the northerly side of Lone Oak Avenue; thence with the northerly side of Lone Oak Avenue, S. 87 deg. 44' 37" W. 204.64 feet to a point in the aforesaid easterly right-of-way line of Colgate Street; thence with Colgate Street, N. 04 deg. 59' 33" W. 310.12 feet to the Point of BEGINNING, containing 1.5304 acres, and being Lots 1-6, inclusive, Section 9, Oakland Survey No. 1, as shown on a plat by Ross & France, Ltd., dated April 2, 1982, and being Official Tax Nos. 3110606, 3110605, 31110604, 3110603, 3110602, and 3110601; TOGETHER WITH that portion of Lone Oak Avenue (to be closed) lying between said parcels, designated on Sheet Nos. 307 and 311 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3071022, 3071024, 3071025, 3110606, 3110605, 3110604, 3110603', 3110602, and 3110601 be, and is hereby, changed from RD, Residential District, to LM, Light Manufacturing District, subject to the conditions proferred by and set forth in the applicant's amended application for rezoning, and that Sheet Nos. 307 and 311 of the aforesaid map be changed in this respect. APPROVED ATTEST~ ~ ~': ~Z~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26059. AN ORDINANCE authorizing and directing the proper City officials to enter into a lease between the City and the United States of America, Federal Aviation Administration for use of a utility building and surrounding parcel of land at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager, H. Bern Ewert, or the Assistant City Manager, W. Robert Herbert, and the City Clerk, Mary F. Parker, 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 United States of America, Federal Aviation Administration for use a former ASR3 building and a surrounding one hundred foot by one hundred foot plot located at Roanoke Municipal Airport, Woodrum Field, for a period commencing July 1, 1982 and ending September 30, 1982. Such lease may at the option of the lessee be renewed from year to year, subject to the prior approval of the City, but in no event shall the period of the lease extend beyond September 30, 2007. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26061. AN ORDINANCE authorizing the City Manager to execute an easement for telephone facilities with respect to Section Nine, Gainsboro Community Development Program. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute and deliver and the City Clerk is authorized to attest an instrument, on such form as approved by the City Attorney, conveying to the Chesapeake and Potomac Telephone Company of Virginia an easement for the location and maintenance of telephone facilities over public utility easement areas, as shown on the Revised Map of Section Nine Gainsboro Community Development Program, dated February 17, 1982. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26063. AN ORDINANCE authorizing execution of a license agreement permitting a certain encroachment by Firehouse Associates, a Virginia limited partnership, owner of property at 10 East Church Avenue, upon certain property of the City bearing Official Tax No. 4011308, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a License Agreement permitting Firehouse Associates, a Virginia limited partnership, owner of certain property at 10 East Church Avenue, in the City of Roanoke, Virginia, to maintain an encroachment on the westerly side of City property bearing Official Tax No. 4011308, otherwise known as Lots 169 and 170, Roanoke Land and Improvement Company, said encroach- ment being more particularly described in such License Agreement, a copy of which is attached to the report of the City Manager, dated June 14, 1982, and in a Plan prepared by Sherertz, Franklin, Crawford and Shaffner, dated January 7, 1982. 2. The said License shall initially be for a period of one (1) year, and thereafter, shall be renewed automatically from year to year unless one party notifies the other in writing of the termination of the License sixty (60) days prior to the end of the current yearly term, and the Licensee shall pay to the City an annual license fee of $1460.00. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, said Licensee shall agree to indemnify and save harmless the City of Roanoke from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment, and said Licensee shall also maintain in surance coverage naming the City as an additional insured in such amounts as shall be determined appropriate by the City Attorney. 4. The City Clerk is directed to forward an attested copy of this ordinance to Firehouse Associates, a Virginia limited partnership. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26075. AN ORDINANCE authorizing the appropriate City officials to grant to Michael R. Ashby an option to purchase the old City Garage property. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute and deliver, and the City Clerk is authorized to attest, an option whereby, in consideration of $60,000.00 cash, the City Would agree to sell and convey by special warranty deed to Michael R. Ashby, land and improvements known as the old City Garage and bearing Official Tax No. 4110301, for the intended use as a motor vehicle recycling business. The instrument shall also provide that, should Mr. Ashby exercise the option, he shall within 30 months from the effective date of this ordinance, renovate the former City Stables on this property according to plans approved by the City Manager, at a cost of not less than $47,900, or such other figure as may be approved by the City Manager. The option may contain any other provisions required by the City Manager and shall beton such form as is approved by the City Attorney. The appropriate City officials are authorized to execute and deliver any further or ancillary instruments necessary to effect the sale of the above real estate to Mr. Ashby. ATTEST~_~ ~ ~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE,'VIRGINIA, The 28th day of June, 1982. No. 26095. A RESOLUTION memorializing the late Arthur S. Owens. WHEREAS, the members of this Council have learned, with great sorrow, of the passing of Arthur S. Owens; WHEREAS, Mr. Owens served as City Manager of this City from January 1, 1948 until August 31, 1965; WHEREAS, during his long tenure of office, Mr. Owens was an'indefatigable, enthusiastic public servant who was instrumental in developing and improving the City's sewage disposal and water distribution systems, Public educational facilities, and the Wiley Drive and the Mill Mountain recreational areas, among many other achievements; WHEREAS, Mr. Owens attained further distinction for himself and for the City by having been selected as President.of ~he International City Manager's Association and by having held various appointments as a member of local, state and national committees and organizations; WHEREAS, during his term of office, the City was recognized and honored as an "All America City"; WHEREAS, after leaving his position as City Manager, Mr. Owens continued his service to the area by teaching at near by Ferrum College; and WHEREAS, this Council desires to take special note of his passing and to pay respect to the memory of this former public servant; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this means of recording its deepest regrets at the passing of the late Arthur S. Owens and extends to Mrs. Julia Downs Owens, his widow, and their children the sympathy of this Council and that of the citizens of this City whom he faithfully served; and The City Clerk is directed to forward an attested copy of this resolution to Mrs. Owens. ATTEST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26096. A RESOLUTION authorizing a thirty (30) day extension of the current contract for administra- tive services between the City and the City of Roanoke Redevelopment and Housing Authority. BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, is authorized and directed, for and on behalf of the City, to enter into a written agreement with the City of Roanoke Redevelopment and Housing Authority, providing for a thirty (30) day extension beginning June 30, 1982, of the current contract for administrative services between the City and the Authority; such agreement to be in such form as is approved by the City Attorney. ATTEST: City Clerk APPROVED 29!_ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26097. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant B-82-MC-51-O020 (A356682) (1) ......................................... $ 2,018,000.00 REVENUE Community Development Block Grant (R35666601) (2) ...................... 15,822,000.00 (1) CDBG (B-82-MC-51-0020) (A35668205005) $2,018,000.00 (2) Community Development Block Grant (R35666601) 2,018,000.00 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 28th day of June, 1982. No. 26098. A RESOLUTION accepting a certain Community Development Block Grant offer made to the City by the United States Department of Housing and Urban Development under Title I of Public Law 93- 383, and authorizing execution of the requisite Grant Agreement and any other necessary forms pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made to the City by the United States of America, Department of Housing and Urban Development, under date of June 14, 1982, of a grant of Federal funds under Title I of the Housing and Community Development Act of 1974 (Public Law 93- 383), amounting to $2,018,000.00 for funding certain community development activities and projects, upon all of the terms, provisions and conditions applicable thereto. 2. H.B. Ewert, City Manager, be and he is hereby authorized and directed to execute, for and on behalf ofthe City, the requisite Grant Agreement, and any other necessary forms pertain- ing thereto, thereby agreeing on behalf of the City of Roanoke to comply with the terms and condi- tions of the aforesaid grant, applicable laws, regulations and all of the requirements of HUD pertaining to the assistance provided. APPROVED ATTEST City Clerk 292 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26100. AN ORDINANCE accepting a bid and awarding a contract for front loading bulk container collection service; authorizing the proper City officials to execute the requisite contract; re- jecting certain other bids made therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. . The bid o.f Cavalier Equipment Corporation for providing front loading bulk container collection service for the period July 1, 1982 through June 30, 1983 at a unit price of $7.85 per collection, in full accord with the City's plans and Specifications made for such service, is hereby ACCEPTED. 2. The City Manager or the Assistant 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, the requisite contract with the aforesaid successful bidder, such contract to have incorporated therein the City's requirements and specifications for such service, the bidder's proposal made to the City, the provisions of this ordinance, and to be upon such form as is approved by the City Attorney. 3. Ail other bids made to the City for such service are hereby REJECTED, and the City Clerk is directed to notify said other bidders and to express 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26102. AN ORDINANCE authorizing the appropriate City officials to execute a permit agreement with the Co~mnonwealth for the relocation of a part of Carvins Creek, in connection with the extension of Runway 23 at Roanoke Municipal Airport, Woodrum Field; 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, and the City Clerk is authorized to attest, that permit agreement dated June 1, 1982 between the Commonwealth and the City, attached to the City Manager's report dated June 28, 1982 on this subject, provided this permit agreement be in such form as approved by the City Attorney. This instrument shall govern the terms and conditions under which the Commonwealth will allow the City to relocate a portion of the west fork of Carvins Creek,_to accomodate the extension of Runway 23 at Roanoke Municipal Airport, Woodrum Field. The cost shall be $100. 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. &TTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26103. AN ORDINANCE authorizing the City Manager to enter into an contract with Clean Water Engineers, Inc., to provide engineering services relative to sanitary sewer repair; 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 shall be authorized to execute and to attest, respecttively, a contract with Clean Water Engineers, Inc., for engineer- ing services relative to repair of the Lick Run Sanitary Sewer Interceptor. Such contract shall incorporate the terms and provisions of this ordinance, the proposal submitted to the City by such firm and to be in form approved by the City Attorney. Services shall be performed on a cost-plus- fixed-fee basis, such contract to be in the amount of $19,884.00. 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:M,_~L~j~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26104. AN ORDINANCE providing for the City's acquisition of 0.002 acre of land at the northeast corner of the intersection of Church Avenue and Second Street, S. W. for street purposes and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Anita D. Lee to sell and convey to the City 0.002 acre of land at the northeast intersection of Church Avenue and Second Street, S. W., less air rights to that portion of the property over 20 feet above the present ground level, for the sum of $5,745, is hereby accepted. 2. Upon the delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City the above described land, free and clear of all encumbrances and contain- ing general warranty and modern English covenants of title on behalf of the grantor, such deed to be in such form approved by the City Attorney, the proper City officials shall be authorized to issue and deliver to such person or persons as are certified by the City Attorney to be entitled thereto, the $5,745 purchase price, less any amount due to be paid by said grantor as taxes and other appro- priate deductions. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk IN THE COUNCIL OF THE~CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26105. AN ORDINANCE authorizing the appropriate City officials to execute an agreement with Greater Roanoke Transit Company providing for cooperation in the funding of the transportation and retail center on Campbell Avenue and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 294 1. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, that contract dated May 21, 1982 with Greater Roanoke Transit Company, attached to the City Manager's report dated June 28, 1982 on this subject. This contract provides for the cooperation between the parties in the funding of the construction of the transportation and retail center on'Campbell Avenue, in connection with certain federal and state grants. 2. In order to provide for theusual daily operation of the municipa! 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 June, 1982. No. 26106. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General and Grant Pro- grams 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 1982-83 General and Grant Programs Funds Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND APPROPRIATIONS Community Planning (A018110) (1) ....................................... $ 144,392.00 Transfers (A019310) (2) ........................................... 7,730,291.00 GRANT PROGRAMS FUND APPROPRIATIONS Youth Services Grant 82-I-5 (3) ........................................ 36,550.00 REVENUE Youth Services Grant 82-I-5 (4-5) ...................................... 36,550.00 (1) Local Match (Grant Funds) (A01811037035) (2) Transfers to Grant Fund - Local Match (A01931037035) (3) Youth Services Grant(A35510299999) (4) Grant Receipts (R35510221) (5) Local Match (R35510231) $(7,100.00) 7,100.00 33,422.00 27,413.00 7,100.00 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 28th day of June, 1982. No. 26107. 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, 1983. 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 in the total amount of $36,550.00, consisting of $27,413.00 from Department of Corrections funds and $9,137.00 in local funds and in-kind services, for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1983. 2. The City Manager, H. B. Ewert, or the Assistant City Manager, W. Robert Herbert, 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 afore- mentioned grant or with such project. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26108. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $9,190,619.73 Social Services - Services (1) ........................... 3,191,430.00 Nursing Home (2) ......................................... 675,906.00 (1) Purchased Services (2) Fees for Professional Services (A01531450033) (A01534020010) $(23,000.00) 23,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City'Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26109. i AN ORDINANCE to amend and reordain certain sections of the 1981-82 Fifth District Consortiumi Fund Appropriations and providing for an emergency. ' WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 198182 Fifth District Consortium Fund Appropriations be, and the same hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Fifth District Consortium 10-1-81/9-30-82 (A348200) ........................................................... $2,779,752.00 Admin. Pool (51-2-204-05) (1) ........................................ 670,870.00 S.Y.E.?. (51-2-204-32) (2) ........................................... 390,574.00 Title IIB (51-2-204-10) (3) .......................................... 1,201,335.00 Y.E.T.P. (51-2-204-48) (4) ........................................... 284,295.00 Title VII (51-2-204-27) (5) .......................................... 209,059.00 REVENUE Fifth District Consortium 10-1-81/9-30-82 (R348201) ............................................................ $2,756,133.00 Admin. Pool (51-2-204-05) (6) ........................................ 670,870.00 S.Y.E.?. (51-2-204-32) (7) ........................................... 390,574.00 Title IIB (51-2-204-10) (8) .......................................... 1,201,335.00 Y.E.T.P. (51-2-204-48) (9) ........................................... 284,295.00 Title VII (51-2-204-27) (10) ......................................... 209,059.00 (1) Unobligated Admin. Pool (A34826099999) $ 97,613.47 (2) Unobligated S.Y.E.?. (A34826599999) 390,574.00 (3) Unobligated Title IIB (A34826199999) (9.72) (4) Unobligated Y.E.T.P. (A34826399999) (49,984.48) (5) Unobligated Title VII (A34826799999) (13,915.15) (6) Admin. Pool (R34820160) 97,613.47 (7) S.Y.E.P. (R34820165) 390,574.00 (8) Title IIB (R34820161) (9.72) (9) Y.E.T.P. (R34820163) (49,984.48) (10) Title VII (R34820167) (13,915.15) 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 28th day of June, 1982. No. 26110. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Governement of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General and Capital Funds Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: 2,q7 GENERAL FUND APPROPRIATIONS Non-Departmental $15,442,421.85 Transfers to Capital Fund (1) ........................... 310,456.91 Public Works 4,241,841.00 Refuse Collection (2 & 3) ............................... 1,595,436.00 Commissioner of Revenue (4) .................................. 311,886.00 General Fund Contingency Reserve (5) .......... ~ ................ 36,027.11 CAPITAL PROJECTS FUND APPROPRIATIONS Sanitation Projects $ 4,704,410.61 Landfill Baler (6) ...................................... 640,000.00 (1) Transfers to Capital Fund (2) Fees for Professional Services (3) Motor Fuels (4) City Information Ser- vices (5) Contingency Reserve (6) Appropriated from General Revenues (A01931037008) (A01421020010) (A01421030030) (A01123360001) (A01941032006) (A08220193003) $ 199,534.00 (28,000.00) (17,000.00) (20,836.00) (133,698.00) 199,534.00 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 28th day of June, 1982. No. 26111. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Boxley Construction Company, for construction of Vinton Pumping Station; and provid- ing 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 Boxley Construction Company dated January 25, 1982, for construction of Vinton Pumping Station. 2. Change Order No. 1 shall provide for the following changes in the work to be performed CONTRACT AMOUNT Additional sewer line and related work caused by break in sewer main + Removal of additional rock + Substitution of pipe - Substitution of solid wedge gate valve - Cost of brick utilized in pro- ject - TOTAL AMOUNT OF CHANGE ORDER NO. 1 CONTRACT AMOUNT INCLUDING CHANGE ORDER No. 1 $ 464,700.00 35,590.49 2,520.00 14,000.00 4,30. O0 252..00 $ 23~458.49 $ 488~158.49 Additional time resulting from Change Order No. 1 24 calendar days; all as more specifically set forth in a report of the City Manager dated June 28, 1982. 298 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. I:i ATTEST: ~ ', City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26112. AN ORDINANCE providing for the purchase of a tractor with attachments for use at the City's Sewage Treatment Plant upon certain terms and conditions, by accepting a certain bid made to the City for furnishing and delivering such equipment; rejecting certain 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 Roanoke Equipment Company made to the City offering to furnish and deliver to the City a new John Deere model 30]A tractor with loader, mower and sprayer attachments in the amount of $13,629.44 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 bid 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; and 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:/_~~~. ~~b~.,,___ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26113. AN ORDINANCE providing for the purchase of a rubber-tired loader/backhoe for use by the City, on certain terms and conditions, by accepting a certain bid made to the City for furnishing and delivering such equipment; rejecting eertain 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 Baker Brothers, Inc., made to the City offering to furnish and deliver to the City a Case 580 D Loader/Backhoe at a cost of $30,538.00 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 herby 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. APPROVED ATTEST~~~ City Clerk Mayor 299 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26114. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended by adding a new section to provide for the imposition of administrative fees for collection of taxes by legal action; providing for an effective date of this section 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: Section 325. Administrative fees for tax collection by legal action. To cover the administrative costs of collecting delinquent taxes by legal action or suit, there is hereby imposed upon the person or persons owing the tax, the highest fees allowed therefor by, and under the circumstances set forth in, Section 58-1020.1, Code of'Virginia (1950), as amended, or any succeed- ing provision. Nothing in this section shall foreclose the City's collection of additional or higher fees and costs, where allowed by general law of the Commonwealth. 2. The above code section shall be effective on and after July 1, 1982. 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 June, 1982. No. 26115. AN ORDINANCE amending and reordaining subsection (f) of Section 19-20, When tax payable; in- stallment payment; penalty for late payment; report and collection of delinquencies, subsection (b) of Section 32-19 Penalty and interest on delinquencies - Generally, Section 32-20, Same - Taxes assessed prior to 1980, subsection (b) of Section 32-106, Penalties and interest on delinquen- cies - Generally, Section 32-107, Same - Taxes assessed prior to 1980,' subsection (a) of Section 32-222, Failure to collect~ report or remit, and subsection (b) of Section 32-244, Failure to collect. report or remit, of the Code of the City of Roanoke (1979), as amended, and amending the Code of the City of Roanoke (1979), as amended, by the addition of new Section 32-6, Interest rate on delin- quent taxes, to bring the rate of interest upon delinquent taxes in line with maximums allowed by State law; providing for an effective date of the code amendments contained in this ordinance; and providing for an emergency. WHEREAS, Section 58-847, Code of Virginia (1950), as amended, authorizes this Council to impose interest on delinquent taxes at a rate not to exceed ten percent per year on the first year of the delinquency and at a rate not to exceed the rate of interest established pursuant to Section 6621 of the Internal Revenue Code of 1954, as amended, for the second and subsequent years of delinquency; WHEREAS, this Council, pursuant to Section 58-847, Code of Virginia (1950), as amended, intends to bring interest rates on delinquent taxes in line with the maximum rates allowed by this authority and any succeeding authority. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (f) of Section 19-20, When tax payable; installment payment; penalty for late payment; report and collection of delinquencies, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: 300 Section 19-20. When tax payable; installment payment; penalty and interest for late payments; report and collection of delinquencies. (f) The failure to pay the tax assessed, or due to have been assessed, on a license prior to February first of each year, or to pay such installment thereof as is required by this section to be paid, or at such other time as the same shall become due and payable, shall subject the person so failing to the payment of a penalty of ten (10) percent of the license tax remaining unpaid on each such date, such penalty to be added and collected by the treasurer. In addition, interest at the maximum yearly rates authorized by general law of the Commonwealth, as provided for in Section 58-847, Code of Virginia (1950), as amended, shall be assessed and collected on such delinquent tax and penalty remaining unpaid from the first day follow- ing the day such taxes, or any installment, are due to be paid, until paid. 2. Subsection (b) of Section 32-19, Penalty and interest on delinquencies - Generally, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-19. Penalty and interest on delinquencies - Generally. (b) Interest at the maximum yearly rates authorized by general law of the Commonwealth, as provided for in Section 58-847, Code of Virginia (1950), as amended, commencing on July first of the tax year next following that for which such taxes are assessed, shall be assessed and collected on the principal of and penalties on all taxes assessed by the city on real estate for each tax year, remaining unpaid on the thirtieth day of June of the tax year in which such taxes were assessed or due to have been assessed and until paid. 3. Section 32-20. Same - Taxes assessed prior to 1980, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-20. Interest - Taxes assessed prior to fiscal year 1981-82. Interest at the rate of six percent per annum from the thirtieth day of June of the year next following the assessment year to December 31, 1971, and at the rate of eight percent per annum from January 1, 1972 through June 30, 1980, shall be collected upon the principal and penalties of all such taxes remaining unpaid on assessments made during or for the tax year 1970 and for any tax year prior thereto. Interest at the rate of eight percent per annum from the first day of January of the year next following the assessment year shall be collected through June 30, 1980 upon the principal and penalties of such taxes assessed for the tax years 1971 through 1979, remaining unpaid on the thirty-first day of December of the year in which or for which such assessment was made. Interest at the rate of ten percent per annum from July 1, 1980 through June 30, 1982 shall be collected upon the principal and penalties of such taxes remaining unpaid on July 1, 1980 for appropriate years prior to and including short tax year 1981. Beginning July 1, 1982, interest at the maximum yearly rates authorized by general law of the Commonwealth, as provided for in Section 58-847, Code of Virginia (1950), as amended, shall be collected upon the principal and penalties of such taxes remaining unpaid on July 1, 1982, for appropriate years prior to and including short tax year 1981. 4. Subsection (b) of Section 32-106, Penalties and interest on delinquencies ' Generally, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-106. Penalties and interest on delinquencies - Generally. (b) Interest at the maximum yearly rates authorized by general law of the Commonwealth, as provided for in Section 58-847, Code of Virginia (1950), as amended, commencing on January first of the year next following that for which such taxes are assessed, shall be assessed and collected on the principal of and penalties on all taxes assessed by the City on tangible personal property for each tax year remaining unpaid on the thirty-first day of December of the year in which such taxes were assessed or due to have been assessed and until paid. 5. Section 32-107, Same - Taxes assessed prior to 1980, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-107. Same - Taxes assessed prior to 1982. Interest at the rate of six percent per annum from the thirtieth day of June of the year next following the assessment year to December 31, 1971, and at the rate of eight percent per annum from January 1, 1972 through June 30, 1980, shall be collected upon the principal and penalties of all such taxes remaining unpaid on assessments made during or for the tax year 1970 and for any tax year prior thereto. Interest at the rate of eight percent per annum from the first day of January of the year next following the assessment year shall be collected through June 30, 1980 upon the principal and penalties of such taxes assessed for the tax years 1971 through 1979, remaining unpaid on the thirty-first day of December of the year in which or for which such assessment was made. Interest at the rate of ten percent per annum from July 1, 1980 through June 30, 1982 shall be collected upon the principal and penalties of such taxes remaining unpaid general law of the Commonwealth, as provided for in Section 58-847, Code of Virginia (1950), as amended, small be collected upon the principal and penalties of such taxes remaining upaid on July 1, 1982, for appropriate years prior to and uncluding year 1981. 6. Subsection (a) of Section 32-222, Failure to collect, report or remit, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-222. Failure to collect, report or remit. (a) If any person shall fail or refuse to remit to the commissioner the tax required to be collected and paid under this article, within the time and in the amount specified in this article, there shall be added to such tax by the commissioner interest at the maximum yearly rates authorized by general law of Commonwealth, as provided for in Section 58-847, Code of Virginia (1950), as amended, on the amount of the tax for each year or portion thereof from the first day following the day upon which the tax is due. If such tax shall remain delinquent and unpaid for a period of one month from the date the same is due and payable, there shall be added thereto by the commissioner a penalty of ten (10) percent of the amount of the tax. 7. Subsection (b) of Section 32-244, Failure to collect, report or remit, of the Code of tl City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-244. Failure to collect, report or remit. (b) If any person shall fail or refuse to remit to the commissioner the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the commissioner interest at the maximum yearly rates authorized by general law of the Commonwealth, as provided for in Section 58-847, Code of Virginia (1950), as amended, on the amount of the tax for each year or portion thereof from the first day following the day upon which the tax is due. If the tax shall remain delinquent and unpaid for a period of one month from the date the same is due and payable, there shall be added thereto by the commissioner a penalty of ten (10) percent of the amount of the tax. 8. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: Section 32-6. Interest rate on delinquent ~taxes. On or before February first of each calendar year, the Director of Finance shall ascertain and report to Council the rate of interest established pursuant to Sec- tion 6621 of the Internal Revenue Code of 1954, as amended, as referenced in Section 58-847, Code of Virginia (1950), as amended, the authority for the imposition of interest on delinquent taxes under various provisions of this Code, so that the interest rate on delinquent taxes as provided for in Sections 19-20, 32-19, 32-20, 32-106, 32-107, 32-222 and 32-244 of this Code may be determined, published and recorded. The City Clerk shall maintain a separate record of such reports. For purposes of interest rate selection under the authority of Section 58- 847, Code of Virginia (1950), as amended "year of delinquency" shall be measured by yearly periods beginning at a time when interest on delinquent taxes is first assessed under the authority variously set out in this Code. 9. The code provisions of this ordinance shall be in full force and effect on and after July 1, 1982. 10. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of June, 1982. No. 26117. AN ORDINANCE amending Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by amending Section 2-175, Si~nin~ of checks', and adding a new section 2-177, Automatic deposit authorized, to permit the direct deposit of employee compensation; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2175, Signin~ of checks, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 2-175. Signing of checks. Except as otherwise provided in Sections 2-177, 2-180 and 24-27 of this Code, all checks drawn on the City's bank accounts shall be signed by the City Treasurer. 2. The COde of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: Section 2-177. Automatic deposit authorized. Subject to the consent of the employee, the Director of Finance may provide for automatic deposit of em ployee payroll compensation, and the appropriate City checking accounts may be charged with debit memos to accommodate authorized electronic funds transfers. 3. The Director of Finance and the City Treasurer are authorized to take necessary and appropriate measures to implement the 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26118. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Non Departmental Miscellaneous (1) ............................................... Fringe Benefits (2) ............................................. $16,170,098.83 186,415.69 6,291,820.86 REVENUE Miscellaneous 1,414,177.39 F.I.C.A. Reimbursements (3) ..................................... 171,471.39 (1) M.I.C.A. (2) Hospitalization Insurance (3) F.I.C.A. Reimbursements (A01914099921) (A01911011015) (R01091040) $10,323.77 10,323.77 20,647.54 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26119. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Certain sections of the 1981-82 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordain- ed, to read as follows, in part: APPROPRIATIONS Public Works Snow Removal (1-4) ............................................... Non-Departmental Contingency Reserve (5) .......................................... Miscellaneous (6) ...................................................... Fringe Benefits Hospitalization Insurance (7) $ 4,160,813.89 114,630.89 15,201,168.50 -- 0 -- 170,388.03 6,331,497.09 (1) Snow Removal (2) Motor Fuels (3) Expendable Tools (4) Chemicals (5) Contingency Reserve (6) Miscellaneous Refunds (7) Hospitalization Insurance (A01414010016) (A01414030030) (A01414030035) (A01414030051) (A01941032006) (A01914099915) (A01911011015) 852.o3) 6,114.57) 1,002.74) 299.66) (36,027.11) 5,7o3.89) 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 28th day of June, 1982. No. 26120. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund Appro- priations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Improvement Reserve $1',688,550.83 Park Improvements (1) ......................................... 25,000.00 REVENUE Accounts Receivables F.N.g.B. (2) .................................................. (1) Park Improvements (2) F.N.E.B. (X05111503) (A08310172506) $25,000.00 (R08013003) 25,000.00 25,000.00 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 3O4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26122. AN ORDINANCE to amend and reordain certain sections of the 1981-82 Capital Fund 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 1981-82 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects Storm Drain Project IV.(1-2) ....................................... Norwood Street Storm Drain (3) ..................................... Hanover Avenue Storm Drain (4) ..................................... Southern Hills Storm Drain (5) ..................................... Streets and Bridges Curb and Gutter (6) .......................................... ...... Capital Improvement Reserve Storm Drains (7) ................................................... Public Improvement Bonds - Series 1980A (8) .......... ~ ............. $4,723,893.29 260,900.00 634,331.27 88,657.22 126,333.14 5,283,158.53 73,516.93 1,499,717.22 575,132.02 34,351.00 (1) Appropriated from Bond Funds (A08220192101) (2) Appropriated from General Revenues (A08220192103) (3) Appropriated from General Revenues (A08220191703) (4) Appropriated from Bond Funds (A08220192901) (5) Appropriated from General Revenues (A08220191203) (6) Appropriated from General Revenues (A08210191603) (7) Storm Drains (A08310172504) (8) Storm Drains (A08310172601) $ 83,215.23 148,984.77 (30,726.72) (9,049.60) (2,107.00) (1,483.07) (114,667.98) (74,165.63) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST/~ ~ d City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26123. AN ORDINANCE accepting the bid of S. C. Rossi and Co., Inc. for the construction of Bond Issue Storm Drain Project IV and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting the 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 S. C. Rossi and Co., Inc., made to the City in the total amount of $221,199.50, for the construction of Bond Issue Storm Drain Project IV (Whitman Street, Melcher Street and New Spring Branch Road), 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, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite unit price contract with the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the proposal made to the City and to be in such form as approved by the City Attorney. The coSt for this work shall be paid from funds heretofore or simultaneously appropriated for this purpose and the appropriate City officials shall establish a contingency fund for this project in the amount of $11,000.50. 3. All other bids made to the City for the aforesaid work are REJECTED and the City Clerk is directed to notify each such 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 ATTEST: ~ /~ 305 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of June, 1982. No. 26124. AN ORDINANCE accepting a certain propqsa! and awarding a contract for the improvement of medium intensity light.s on portions of Taxiway 15-5 at Roanoke Municipal Airport, Woodrum Field; authorizing the proper 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 bid and proposal made by Ocean Electric Company of Norfolk, Virginia for the improvement of medium intensity lights on portions of Taxiwayl5-5 at Roanoke Municipal Airport, Woodrum Field, in full accordance with the City's plans and specifications made therefor and within sixty days, for the sum of $24,400, to be paid from funds heretofore or simultaneously appropriated for this purpose, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, and the City Clerk is authorized to attest the requisite lump sum contract with the aforesaid firm, such contract to have incorporated therein the aforesaid specifications, the bidder's proposal and the provisions of this ordinance and to be in such form as approved by the City Attorney. 3. The other bids for the aforesaid work are hereby REJECTED and the City Clerk shall so notify the other bidders and 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. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26099. AN ORDINANCE granting revocable, non-transferable permission to Richard E. Sellers, Sr., to pursue the home occupation of repairing televisions and radios upon premises located at 3037 Sal~m~Turnpike, N. W., in this City, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That permission is hereby granted Richard E. Sellers, Sr., occupant of the premises located at 3037 Salem Turnpike, N.W., Roanoke, Virginia 24017, to temporarily pursue and carry out the home occupation of repairing televisions and radios upon the abovedescribed premises, such pursuit to be governed strictly by the provisions of Section 36-2, Code of the City of Roanoke (1979), as amended, and in particular that it: (a) Be limited to 25% of the floor space of the dwell- ing unit; (b) That the use of the dwelling unit for the home occu- pation shall be clearly incidental and subordinate to its use for residential purposes; (c) That it involve no employees of the named permittee; (d) That it be limited to normal daylight hours; (e) That it involve no advertising signs on or off the premises; and (f) That it involve no wholesale or retail sales from or upon the premises. 2. The permit herein granted shall be non-transferable and shall be revocable at the will of the City Council, and it is agreed by said permittee as evidenced by his execution of an attested copy of this ordinance, that said permittee expressly consents hereto and agrees, in consideration of the permit herein temporarily granted, that neither he nor his heirs, successors or assigns shall, by the pursuit of the activity herein authorized, establish a right in his premises to carry on such activity as a non-conforming use under the City's zoning Code, and that, upon notice of revocation of the within permit, mailed to said permittee or posted on the aforesaid premises, said permittee shall, within sixty (60) days from the date of mailing or of posting such notice, cease said pursuit or calling on such premises. 306 3. That the provisions of this ordinance shall not become effective until such time as an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged ' by said permittee, and filed in the Office of the City Clerk. ACCEPTED and EXECUTED by the undersigned this day of , 1982. Richard E. Sellers, Sr. STATE OF VIRGINIA ) ) To-wit CITY OF ROANOKE ) I, , a Notary Public, do hereby certify that Richard E. Sellers, Sr., whose name as such is signed to the.foregoing ordinance bearing date of the day of , 1982, has personally appeared before me in my jurisdiction aforesaid and acknowledged the same. GIVEN under my hand this __day of , 1982. My Commission expires: Notary Public City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26101. AN ORDINANCE amending Article XIII, Gifts~ Grants, Devises and Bequests to City, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by amending Section 2-266, Procedure for acceptance or rejection of gifts or bequests of an artistic nature, and by adding~a new Section 2-269, Deaccessioning and disposing of art objects,'to make uniform reference in such Article to the City's Arts Commission, and to create a deaccessioning policy for the City's art objects. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-266 of Article XIII, Gifts~ Grants,.Devises and Bequests to City, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Section 2-266. Procedure for acceptance or rejection of gifts or bequests of an artistic nature. In considering the appropriateness, quality, condition and value of all proposed gifts or bequests of an artistic nature, including but not limited to prints, drawings, paintings, sculpture and decorative arts, the City Manager shall consult with the arts commission and such commission may consult with authorities in the field, if necessary, to determine the appropriateness, quality, condition and value of a proposed gift or bequest. Upon such request by the City Manager, the Commission shall render its written opinion to the City Manager. After thorough consideration of such Commission's written opinion, if such Commission has determined that the value of the proposed gift or bequest is five thousand dollars ($5,000.00) or less, the City Manager shall advise, in writing, the proposed donor or his estate of the City's decision to accept or reject the proposed gift or bequest. If the Commission has determined that the value of the proposed gift or bequest is more than five thousand dollars ($5,000.00), such written opinion of the Commission shall be forwarded to City Council for appropriate action by ordinance or resolution. 3 127 7 2. A new Section 2-269, Deaccess.ioning and disposing 0f art objects, be added to Article XIII, Gifts, Grants, Devises and Bequests to City, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows: Section 2-269. Deaccessioning.and disposing of art objects. (a) Art objects owned by 'the City shall be retained permanently if they continue to be relevant and useful ~to the purposes and activities of the City and if they can be properly stored, preserved and.used. The City Manager may provide for the disposition of any such objects when these conditions no longer prevail. The City Manager shall consult with the Arts Commission prior to the disposition of any art objects, and the value of such objects shall be determined in the manner set out in Section 2-266. No art object of a value of one thousand dollars ($1,000.00) or more shall be disposed of except bM appropriate action of the City Council by ordinance or resolution. (b) In considering the means by which art objects will be disposed, the City Manager shall.be guided by the following: (1) The manner of disposal should be in the best interests of the City. (2) Preference should be given to retaining in the City material that is part of the historical, artistic or cultural history of the City. (3) Consideration should be given to placing the objects, through gift, exchange or sale, with another public or tax-exempt institution where they may serve the purpose for which they were acquired initially by the City. (4) Art objects should not be given or sold privately to officers or employees of the City. (5) Whenever it is in the best interests of the City to do so, art objects to be disposed of should be sold at public auction, or in the manner in which surplus property of the City is disposed. (c) The City Manager shall keep records pertaining to the disposition of art objects. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26116. AN ORDINANCE providing for the City's quitclaim conveyance of it's interests, if any, in a parcel of real estate adjacent to the Oakland School property on Williamson Road, to W. Heywood-Fralin G. Wayne Fralin, Horace G. Fralin and Ollie P. Fralin. THAT WHEREAS by Deed dated July 15, 1948, and recorded among the Roanoke County Land Records in Deed Book 398 at page 9, the County School Board of Roanoke did convey~the hereinbelow described property unto G. G. Fralin and Ollie P. Fralin, husband and wife, or the survivor, and WHEREAS, the above described conveyance was not made according to the Statutory requirement~ pertaining to the sale or exchange of real estate owned by a County School Board, to-wit: Section 678 Code of Virginia (1942), as amended; and WHEREAS, the hereinbelow described property was annexed into the City of Roanoke in 1949, and as a part of such annexation, all properties formerly owned by the County School Board of Roanoke County became vested in the City of Roanoke; and WHEREAS, G. G. Fralin and Ollie P. Fralin did convey unto themselves the hereinbelow des- cribed property by Deed dated February 9, 1968 and recorded in Deed Book 1236, at page 73, and by this conveyance they did terminate the estate of tenancy by the entireties and did vest in its place as tenants in common a one-half undivided interest in each; and WHEREAS, G. G. Fralin died testate on April 13, 1973, and his Last Will and Testament re- corded in Will Book 74, at page 415, among the Roanoke City Land Records, devised .his one-half interest in the hereinbelow described property to his three sons, W. Heywood Fralin, G. Wayne Fralin and Horace G. Fralin, and to his wife, Ollie P. Fralin; and 308 WHEREAS, the parties in interest desire the City of Roanoke, Virginia, to convey the here- inbelow described property unto they by quitclaim, thereby curing whatever defect of title and owner- ship there may be due to the above recited failure to comply with statutory requirements of the sale or exchange of property owned by the County School Board of Roanoke County. The above referenced property is situate in the City of Roanoke, Virginia, and is described as follows, to-wit: BEGINNING at a point on the present easterly side of Williamson Road' 242.5 feet northerly from the northeast corner of Lincoln Avenue and Williamson Road, said point being the present northwest corner of Lot 1, Block 4, according to the Map of Upson Addition; thence with the present easterly side of Williamson Road (60 feet wide) N. 37 deg. 00' W. 23.0 feet to a point; thence with a new division line through and across the property of Roanoke County School Board (Oakland School) N. 53 deg. 00' E. 64.1 feet to a point on the westerly side of Lot 1, Block 4, according to the Map of Upson Addition; thence with the same, S. 33 deg. 21' W. 68.1 feet to the place of BEGINNING, and containing 0.007 acre and being the southwesterly portion of the property previously conveyed to Roanoke County School Board by deed of record in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Deed Book , page , a map of which made by C. B. Mal- colm, S.C.E., dated May 14, 1948, is attached to and made a part of this deed. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the Mayor and the City Clerk be, and each hereby is authorized and empowered to respectively execute on behalf of the City and to seal and attest the City's deed of its right, title and interest, if any, of the above described property, unto W. Heywood Fralin, G. Wayne Fralin, Horace G. Fralin and Ollie P. Fralin; and quitclaim deed to be approved by the City Attorney and to contain verbiage deemed appropriate by him to effect such quitclaim conveyance. 2. Upon proper execution of saiddeed, the Mayor, Clerk, City Attorney, or any other official of the City is hereby empowered to surrender and release said deed unto Gilbert E. Butler, Jr., attorney for W. Heywood Fralin, et al. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26121. AN ORDINANCE providing for the City's conveyance of certain lots to Roanoke Redevelopment and Housing Authority for use in connection with the Deanwood Community Development project. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are authorized and directed to convey for nominal consideration to Roanoke Redevelopment and Housing Authority by deed containing special warranty of title and approved as to form by the City Attorney, the following real property lying in the City of Roanoke, Virginia: Lot 13, Block 18, Deanwood; Lot 23, Block~18, Deanwood; Lot 24, Block 18, Deanwood; Lot 2, Block 4, Lynwood; Lot 5, Block 4, Lynwood; Lot 6, Block 4, Lynwood; Lot 7, Block 4, Lynwood. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 1982. No. 26125. A RESOLUTION recognizing the HONORABLE HOWARD C. MUSSER to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, Mr. Howard C. Musser received the largest number of votes of any candidate running for Council in the regular Councilmanic election held on the first Tuesday of May,. 1982, and was, thus, as provided by Section 4 of the Charter of the City of Roanoke elected Vice-Mayor of the City for a term which commenced July l, 1982. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Howard C. Musser be, and he is hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1st day of July, 1982, 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, 1982, and continuing for a period of two years and until his successor shall have been elected and qualified. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26126. A RESOLUTION commending the service of Dr. Wendell H. Butler as Vice-Mayor of the City of Roanoke. WHEREAS, Dr. Wendell H. Butler was elected Vice-Mayor of the City of Roanoke by virtue of receiving the largest number of votes in the councilmanic election held on May 6, 1980, and served in this office from July 1, 1980, to June 30, 1982; and WHEREAS, Dr. Butler served with honor and distinction as Vice-Mayor, giving selflessly of his time to perform the many responsibilities required of him as Vice-Mayor, and at the same time promptly and efficiently discharging his other duties on the City Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Mayor and Members of this body do hereby recognize and commend the Honorable Wendell H. Butler for his service as Vice-Mayor of this City and assure him of their continued support as he continues to serve as a Member of Council; and 2. That an attested copy of this resolution, approved by the Mayor, be presented to the above-named Council Member. APPROVED ATTEST: City Clerk Mayor 310 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26127. A RESOLUTION commending and thanking Elizabeth T. and Ralph K. Bowles, Jane and Steve Wright of VVKR, Incorporated, Lawrence Transfer and Storage and Hodges Lumber Company for their contributions which made. possible the spectacular Roanoke Centennial cake which was unveiled July 3, 1982. WHEREAS, the grand finale of The Roanoke Times & World News Centennial concert at Victory Stadium on July 3, 1982, was a spectacular one and one-half ton birthday cake in celebration of this City's Centennial; WHEREAS, the Honorable Elizabeth T. Bowles, a member of this Council, and her husband, Ralph K. Bowles, a former member of this Council, supervised the baking, decoration and construction of this massive cake; WHEREAS, the baking and construction of a cake of this size presents architectural and engineering problems and Jane and Steve Wright of WKR, Incorporated, contributed their architectural and engineering expertise to address these problems; WHEREAS, Lawrence Transfer and Storage was the major financial underwriter for this Centen- nial gift to the public, and this firm also contributed a thirty-foot trailer to transport the cake; WHEREAS, Hodges Lumber Company generously provided the elaborate wooden support structure for this giant cake; WHEREAS, the five-tiered cake, weighing more than 3,100 pounds, and consisting of two layers fourteen feet long and seven feet wide topped by three lighted star tiers, excited the crowd of more than 30,000 when presented after Happy Birthday was sung to Roanoke in a stadium lit only by candlelight and the entire crowd delighted in eating this cake which was as delicious as beautiful; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this means of commending and expressing appreciation to the Honorable Elizabeth T. Bowles and Ralph K. Bowles, Jane and Steve Wright, Lawrence Transfer and Storage and Hodges Lumber Company for 'their public-spirited contributions toward a Centennial cake which will be long remembered. 2. The Clerk is directed, to forward an attested copy of this Resolution to Mr. and Mrs. Bowles, Mr. and Mrs. Wright, Lawrence Transfer and Storage and Hodges Lumber Company. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26128. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant (A356000) Deanwood Project (1) ................................................ Hurt Park (2) ....................................................... Highland Park (3) ................................................... Rehab. Loans (4) .................................................... Gainsboro (5) ....................................................... Local Contingency (6) ............................................... Deanwood Project (7) ................................................ Parking Lot Income (8) .............................................. Deanwood Project (9) ................................................. Belmont Project Admin. (10) ......................................... Administration (RRHA) (11) .......................................... Administration (City) (12-13) ....................................... Citizen Participation (14) .......................................... Non-Settlement (15) ................................................. Harrison Project Admin. (16) ........................................ Hurt Park Admin. (17) ............................................... $12,338,191.83 558,498.74 83,108.80 19,047.00 -- 0 -- 732,020.34 45.00 3,124.00 118,894.04 73,824.29 42,184.44 3,932.93 3,946.85 2,438.82 -- 0 -- 43,543.48 47,851.56 3!1 APPROPRIATIONS CONT. Rehab. Loans (20) ............................................. $ Housing Program (21) ........................................... Belmont Improvements (22) ..................................... Deanwood Project (23) .................... ~ .................... Rehab. Loan (24) .............................................. Non-settlement (25) ............................................ Parking Lot Income (26) ....................................... Local Option Contingency (27) ................................. Multi-Family Rehab. (28) ...................................... Gainsboro (29) ................................................ Rehab. Loan (30) .............................................. Spot Rehab. (31) .............................................. Legal & Real Estate Services (32) ............................. Parking Lot Income (33) ....................................... Housing Program (34) .......................................... Belmont Rehab. (35) ........................................... Harrison Rehab. (36) .......................................... Hurt Park Rehab. (37) ......................................... Gilmer Rehab. (38) ............................................ - 0 - 54,220.77 3,279.23 193,599.12 10,330.63 -- 0 -- 22,000.00 -- 0 -- -- 0 -- 998,663.59 -- 0 -- 51,123.04 22,000.00 -- 0 -- 46,348.04 118,172.13 108,329.08 119,264.10 39,886.65 (1) Deanwood Project (2) Hurt Park (3) Highland Park (4) Rehab. Loans (5) Gainsboro (6) Local Contingency (7) Deanwood Project (8) Parking Lot Income (9) Deanwood Project (10) Belmont Project Admin. (11) Admin. (RRHA) (12) Admin. (City) (13) Admin. (City) (14) Citizen Part. (15) Non-settlement (16) Harrison Project Admin. (17) Hurt Park Admin. (A35667800201) (A35667800301) (A35667800501) (A35667800704) (A35667800101) (A35667800801) (A35667901001) (A35667900402) (A35668001401) (A35668000303) (A35668000401) (A$5668000403) (A35668000403) (A35668000404) (A35668000408) (A35668000503) (A35668000603) (18) Southwest. Project Admin. (A35668000703) (19) Gainsboro (20) Rehab. Lonas (21) Housing Program (22) Belmont Improve. (23) Deanwood Project (24) Rehab. Loans (25) Non-settlement (26) Parking Lot Income (A35668000210) (A35668000407) (A35668001401) (A35668000301) (A35668101901) (A35668101901)~ (A35668100416) (A35668100402) (27) Local Option Contingency (A35668101201) (28) Multi-Family Rehab. (A35668101550) (29) Gainsboro (A35668100250) (30) Rehab. Loans (A35668100415) (31) Spot Rehab. (A35668101402) (32) Legal & Real Estate Serv.(A35668102001) (33) Parking Lot Income (34) Housing Program (35) Belmont Rehab. (36) Harrison Rehab. (37) Hurt Park Rehab. (38) Gilmer Rehab. (A35668100402) (A35668102101) (A35668100302) (A35668100502) (A35668100602) (A35668101302) $ 8,498.74 (1,723.20) (5,953.00) ( 822.54) 955.00 ( 955.00) 3,124.00 (3,124.00) 73,824.29 (2,705.56) (38,036.07) ( 6.19) ( 31.96) ( 61.18) (22,706.00) (3,257.52) (2,319.44) (4,732.33) 5,036.22 (5,004.26) 54,220.77 (54,220.77) 193,599.12 (39,472.23) (6,187.00) (47,767.89) (7,172.00) (93,000.00) 19,207.59 (10,330.63) (8,876.96) 22,000.00 (22,000.00) 46,348.04 ( 1,827.87) (11,670.92) ( 735.90) (32,113.35) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk 312 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26129. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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. THEREPORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Grant Fund Appropriations be, andthe same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant B-82-MC-51-0020 CDBG Funds 1982 (1) .................................................... Housing (2) ............................................................ R. R.H.A. (3) ........................................................... Gainsboro (4) .......................................................... City Administration (5) ................................................ Neighborhood Partnership (6) ........................................... Site Acquisition & Development (7) ..................................... Deanwood (8) ........................................................... C.D.B.G. Funds 1982 (9) ................................................ (2,088,000.00) (A356682) $ 2,088,000.00 70,000.00 465,260.00 365,000.00 274,724.00 42,708.00 35,308.00 710,000.00 195,000.00 REVENUE Community Development Block Grant (R356666) $12,388,191.83 Parking Lot Income (10) ................................................ 484,605.85 (1) CDBG Funds 1982 (A35668205005) (2) Housing (A35668200550) (3) R.R.H.A. (A35668200450) (4) Gainsboro (A35668200403) (5) City Admin. (A35668200403) (6) Neighborhood Partnership (A35668201150) (7) Site Acquisition and Development (A35668200850) 710,000.00 ($) Deanwood (A35668200950) 195,000.00 (9) CDBG Funds 1982 (A35668205005) (2,088,000.00) (10) Parking Lot Income (R3566602) 70,000.00 70,000.00 465,260.00 365,000.00 274,724.00 42,708.00 35,308.00 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 July, 1982. No. 26130. AN ORDINANCE authorizing execution of a written agreement with the City of Roanoke Redevelop. ment and Housing Authority relating to the performance of certain Community Development Block Grant program activities to be undertaken by the City during Program Year 1982-83, 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 execute, for and on behalf of the City, a written agreement, more particularly described in the report of the City Manager dated July 12, 1982, and providing for the provision of certain administrative services under the City's Community Development Block Grant for the 1982-83 Program Year, between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, to be retroactive to include program activities carried out since July 1, 1982, 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, the scope of which services are to be negotiated by the City Manager and set out in said written agreement, along with certain terms and conditions described in the aforesaid report, including the compensation to be paid the Authority. me Attorney. The form of contract between the City and the Authority shall be approved by the City 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26131. AN ORDINANCE authorizing and directing the City Manager to execute an agreement by and between the City of Roanoke .and Gainsboro Project Area Committee, Inc., pertaining to the continued implementation of the Comprehensive Revitalization Plan for Gainsboro, 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 City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a written agreement by and between the City of Roanoke and Gainsboro Project Area Committee, Inc., pertaining to the continued implementation of the Comprehensive Revitalization Plan for Gainsboro, such agreement to contain such terms and conditions as are contained in the report of the City Manager dated July 12, 1982, or which may be deemed necessary by the City Manager, and which are consistent with the terms of an existing agreement~between the City and the Gainsboro Project Area Committee, Inc., authorized by Ordinance No. 25685, adopted on July 27, 1981, 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No'. 26132. A RESOLUTION approving a boundary line adjustment to the Harrison Avenue and Gilmer Avenue Conservation Areas, being Amendment No. 1 to the Conservation Plan for each of these areas. WHEREAS, the City Manager by report dated July 12, 1982, has transmitted to the Council a certain proposed amendment' to the Conservation Plans for the Harrison Avenue and Gilmer Avenue Conservation Areas of the City, being Amendment No. 1 to the Conservation Plan for each of these areas, providing for a boundary line adjustment between the two Conservation Areas, as more par- ticularly described in the City Manager's report. WHEREAS, the City Planning Commissio.n has endorsed the proposed amendment to the Harrison and Gilmer Avenue Conservation Plans,'and found it to be in conformance with the City's Compre- hensive Plan, and in conformance with the desires of the neighborhood organizations of these areas. WHEREAS, the proposed amendment to the aforesaid Conservation Plans was approved by the Commissioners of the City of Roanoke Redevelopment and Housing Authority at their meeting of July 12, 1982. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the boundary line between the Gilmer Avenue and Harrison Avenue Conservation Areas be adjusted as requested and described in the July 12, 1982, report of the City Manager, and that the Conservation Plans for these areas be amended accordingly, said Amendment being Amendment No. 1 to each of these Plans. APPROVED ATTEST: 314 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26133. A RESOLUTION amending Resolution No. 25345, adopted October 13, 1980, relating to the Roanoke Valley Industrial Fact Finding Commission to provide for expanding the membership of such Commission to include additional political subdivisions and for the creation of a Task Force within the membership of the Commission. WHEREAS, by Resolution No. 25345, adopted October 13, 1980, this Council provided for the creation of the Roanoke Valley Industrial Fact Finding Commission with the objective Of establishing a coordinated and unified approach to economic development of the Roanoke Valley; WHEREAS, the City of Roanoke and Roanoke County are members of such commission with each political subdivision having appointed five members; WHEREAS, such Commission has recently recommended that membership be extended to the City of Salem, the Town of Vinton and Botetourt County with each jurisdiction having equal representation, and such Commission has further recommended that a Task Force be created within such Commission with such Task Force having the responsibility of developing short and long range objectives; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs in the expansion of the Roanoke Valley Industrial Fact Finding Commission to include membership of the City of Salem, the Town of Vinton and Botetourt County, and this Council cordially extends to such political subdivisions an invitation to join such Commission. 2. This Council concurs in the concept of equal representation for all political subdivi- sions participating in the Roanoke Valley Industrial Fact Finding Commission. 3. This Council also concurs in the creation of a task force within the Commission consisting of three representatives from each political subdivision participating in such Commission with such task force having the responsibility for developing and presenting short and long range objectives for the Commission. 4. The Council appoints H. B. Ewert, Beverly T. Fitzpatrick, Jr., and Robert W. Woody as its members of the Task Force. 5. To the extent of any inconsistency with this resolution, Resolution No. 25345, adopted October 13, 1980, is hereby amended. 6. The Clerk is directed to forward an attested copy of this resolution to the Mayor of the City of Salem, the Mayor of the Town of Vinton, the Chairman of the Board of Supervisors of Botetourt County and James E. Jones, Chairman, Roanoke Valley Industrial Fact Finding Commission. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26134. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the citY of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Parks and Recreation $745,347.00 Contractual Services (1) .................................... 3,504.00 REVENUE Revenue From Use Money & Property 740,800.00 Rental of Miscellaneous Property (2) ........................ 86,200.00 (1) Fees for Prof. Services (A01711020010) $1,200.00 (2) Other (R010~025) 1,200.00 3!5 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26135. AN ORDINANCE accepting the gift from the Merchants Association of Roanoke Valley to the City of the Mill Mountain Star; authorizing the appropriate City officials to enter into a deed of gift accepting the Mill Mountain Star; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of the Merchants Association of Roanoke Valley to give to the City the Mill Mountain Star, along with all rights and interests arising from the lease of antenna space on the Star, is hereby ACCEPTED; 2. The Mayor and the City Clerk are hereby authorized and empowered to execute and to seal and attest, respectively, the deed of gift accepting, on behalf of the City, the Mill Mountain Star; 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 12th day of July, 1982. No. 26137. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Library $ 881,875.00 Personal Services (1) ....................................... 683,375.00 REVENUE Grants-in-Aid Federal Government 4,100,823.00 Categorical Aid (2) ......................................... 54,247.00 (1) Extra Help (2) Federal Aid to Libraries (A01731010005) $29,247.00 (R01072015) 29,247.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 316 IN SHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26137. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the-Council of the~City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Library $ 881,875.00 Personal Services (1) ............... · .......................... 683,375.00 REVENUE Grants-in-Aid Federal Government Categorical Aid (2) ........................................... 4,100,823.00 54,247.00 (1) Extra Help (A01731010005) (2) Federal Aid to Libraries (R01072015) $29,247.00 29,247.00 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 July, 1982. No. 26138. A RESOLUTION authorizing the City Manager to execute the requisite documents to enable the City to receive funds to continue the computerization of the holdings of the City Library. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to execute a certain document entitled "Application for Allotment of Federal Aid Funds for Salaries," as requested in a report from the City Manager to Council dated July ]2, ]982, and any other documents that may be necessary, to enable the City to receive funding to pay for the salaries of certain employees to continue the computerization of the holdings of the City Library, such documents to be forwarded to the State Librarian after execution. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26139. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordain- ed, to read as follows, in part: APPROPRIATIONS Fuel Assistance $ 223,724.00 Fuel Assistance Aid (1) ................................... 128,288.00 REVENUE Grants-in-Aid Commonwealth 30~848,568.00 Welfare (2) ............................................... 5,592,820.00 (1) Fuel Assistance Allotments (A01531551801) $128,288.00 (2) Fuel Assistance (R01061525) 128,288.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~~ City Clerk APPROVED Ma~or ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26140. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordain- ed, to read as follows, in part: APPROPRIATIONS Health & Welfare $8,299,081.00 Title XX Services (1) ......................................... 19,865.38 Revenue Charges for Current Services 2,620,500.00 Title XX Receipts (2) ......................................... 19,865.38 (1) Employment (A01532020077) $19,865.38 (2) Title XX Receipts (R01083530) 19,865.38 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 July, 1982. No. 26141. AN ORDINANCE providing for the lease of certain vehicles for the Roanoke City Sheriff's Department, upon certain terms and conditions, by accepting a certain bid made to the City for the lease of such vehicles; rejecting certain 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 Magic City Motor Corporation made to the City for leasing five (5) new vehicles meeting the City's specifications for a period of forty-eight (48) months in the amount of $245.03 per month per vehicle with such vehicles to become the property of the City at the termination of such lease is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized to execute 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 vehicular equipment are hereby rejected, and the City Clerk is directed to notify such other bidders and to express to each 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26142. AN ORDINANCE accepting a bid made for providing ductile-iron water pipe to the City; reject- ing 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 Company of Lynchburg, Virginia, to provide, on a unit price basis, all the City's requirements for ductile-iron water pipe of the specified types at the following prices, with such prices being firm for one (1) year, is hereby ACCEPTED: DUCTILE-IRON WATER PIPE~ BID AMOUNT 3" Pipe, mechanical joint 4" Pipe, mechanical joint 4" Pipe, push-on joint 6" Pipe, mechanical joint 6" Pipe, push-on joint 8" Pipe, mechanical joint 8" Pipe, push-on joint 10" Pipe, mechanical joint 10" Pipe, push-on joint 12" Pipe, mechanical joint 12" Pipe, push-on joint 16" Pipe, mechanical joint 16" Pipe, push-on joint 20" Pipe, push-on joint 4.32 LF 4.64 LF 4.27 LF 5.82 LF 5.29 LF 7.84 LF 7.23 LF 10.34 LF 9.52 LF 12.91 LF 12.04 LF 17.92 LF 16.32 LF 21.46 LF 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for such ductile-iron water pipe, such purchase orders to be made and filed in accordance with the City's specifications, the bidder's proposals made therefor and in accordance with this ordinance. 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 Ifor 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 fully force and effect upon its passage. APPROVED ATTEST: ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26143. AN ORDINANCE accepting certain bids made for providing chemicals for water and sewage treatment; rejecting other bids; 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 specif: cations therefor and each bid being f.o.b, destination, are hereby ACCEPTED: VENDOR PRODUCT PRICE McKesson Chemical Company Liquid Chlorine $14.90/cwt on 150 lb. cylinders $ 6.29/cwt on 2000 lb. cylinders (Prices firm for one year) Suffolk Chemical Company Standard ground alum $237.40/ton (Price sub- ject to 90-day escalation) Allied Chemicals Liquid alum $138.89/ton (Price sub- ject to 180 day escala- tion) 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 accordan~ with the City's specifications, the bidders' proposals made therefor and in accordance with this ordinance. 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 fully force and effect upon its passag~ ATTEST: City Clerk APPROVED iyor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26145. AN ORDINANCE amending Sections 2-103 and 2-114, Code of the City of Roanoke (1979), as amended, to conform to State law the provisions of the City Code pertaining to the definition of a "grievance", and the manner by which decisions of the City's Personnel and Employment Practices Commission may be enforced; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-103, Defined, and Section 2-114, Failure of pamties to comply with decision, of Division 3, Grievances, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, be amended to read and provide as follows: Section 2-103. Defined. (a) A grievance shall be a complaint or dispute by an employee relating to his or her employment, including but not necessarily limited to: (1) Disciplinary action involving dismissals, demotions and suspensions. (2) (3) The application or interpretation of personnel policies, procedures, rules and regulations, includ- ing the application of policies involving matters referred to in Section 2-103.1(3) of this chapter. Acts of reprisal as the result of utilization of the grievance procedure, or of participation in the grievance of another employee. (4) Complaints of discrimination on the basis of race, color, creed, national origin, sex, age, physical handicap or political affiliation. Section 2-114. Failure of parties to comply with decision. If a grievant, having processed his grievance through the procedure established for the purpose, fails to comply with either commission or panel decisions, he shall be subject to administrative disciplinary action by the appropriate council-appointed officer, which shall be nongrievable and final. Either the City or the grievant may petition the Circuit Court of the City of Roanoke for an order requiring implementation of the decision of either the commission or panel. 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26146. A RESOLUTION relating to the temporary interfund borrowing of $1,489,730 from the Capital Fund Post Office Renovation Account. WHEREAS, by Ordinance No. 26013, adopted May 10, 1982, Council authorized a temporary interfund borrowing of $1,489,730 from the Capital Fund Post Office Renovation Account and transferre, this amount as a loan to the Main Library Construction Account, a bond issue public building project, with the intent that the Capital Fund Post Office Renovation Account would be repaid $1,489,730 upon the issua.nce of authorized, but unissued bonds; WHEREAS, Council desires to make a public record of such temporary interfund borrowing; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. By Ordinance No. 26013, adopted May 10, 1982, Council effected a temporary interfund borrowing from the Capital Fund Post Office Renovation Account (A08310172505) of $1,489,730 and transferred such amount as a temporary loan to the Main Library Construction Account, a bond issue public building project approved by the electorate. 2. When the balance of bonds authorized by Ordinance No. 24812, adopted September 4, 1979, but yet unissued, are issued, it is'the intent of this Council to repay $7,489,730 to the Capital Fund Post Office Renovation Account. 3. Upon the next issuance of bonds authorized by Ordinance No. 24812, adopted September 4, 1979, the Director of Finance is directed to present an appropriate appropriation ordinance for consideration by this Council to repay $1,489,730 to the Capital Fund Post Office Renovation Account. APPROVED ATTEST: ~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of July, 1982. No. 26149. AN ORDINANCE accepting the bid of Branch and Associates, Inc., for replacing three chillers at the Roanoke Civic Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Branch and Associates, Inc., of Roanoke, Virginia, made to the City in the amount of $229,300.00, for the replacement of three chillers at the Roanoke Civic Center, such amount reflecting an adjustment to the base bid because of the acceptance of Alternates 1 and 2 to the base bid, 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 and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Branch and Associates, 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. 3. Ail other bids made to the City for the aforesaid work be and they 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 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 26th day of July, 1982 No. 26136. AN ORDINANCE providing for the conveyance of a portion of the Jefferson High School property to the City of Roanoke Redevelopment and Housing Authority. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk be, and each is hereby authorized and empowered to respectively execute on behalf of the City and to seal and attest the City's deed of conveyance of the fee simple title to the City of Roanoke Redevelop ment and Housing Authority of those premises known as the Jefferson High School, lying on the south side of Campbell Avenue, S. W., Roanoke, Virginia, containing 2.629 acres, bearing Official Tax No. 1113401, excluding, however, the former Jefferson High School gymnasium site, on the south side of Church Avenue, S. W., Roanoke, Virginia, containing 0.516 acre, bearing Official Tax No. 1113414, and the parking lots on the south side of Luck Avenue, S. W., Roanoke, Virginia, bearing Official Tax Nos. 1113508 and 1113509, said deed to be prepared'by the City Attorney and to contain the appropriate warranty a's determined by the City Attorney and Modern English Covenants of Title; and thereafter the City Attorney is authorized to tender to said Authority the City's deed in the premises without payment of any monetary consideration. APPROVED ATTEST: p~ City Clerk Mayor 322 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26144. AN ORDINANCE amending Section 30-14, Code of the City of Roanoke (1979), as amended, to conform the City's procedure for altering or vacating City streets or alleys with recent changes in State law. BE IT ORDAINED by the Council of the City of Roanoke that Section 30-14, Procedure for altering or vacating city streets or alleys; fees therefor, Code of the City of Roanoke (1979), as amended, be amended and reordained to read and provide as follows: Section 30-14. Procedure for altering or vacating city streets or alleys; fees therefor. Streets and alleys in the City may be altered or vacated on motion of the City Council or on application of any person, in accordance with Section 15.1-364, Code of Virginia, as follows: (1) Applications for the alteration or vacation of any street or alley shall be filed with the City Clerk. (2) A fee, in an amount prescribed by City Council, shall be charged by the city for processing of all applications for the alteration or vacation of any street or alley, which fee shall be in addition' to all other expenses or costs, including advertising costs and the cost of notifying affected property owners. The fee shall be payable to the City Clerk. The City Clerk shall not accept any ap- plication unless such fee is paid. No fee shall be charged upon City Council's own motion for the alteration or vacation of a street or alley, or upon the application of any state, federal or local governmental authority for the same. (3) Upon the filing of an application for the alteration or.vacation of a street or alley, the City Clerk shall immediately refer the same to the City Planning Commission without further action of Council. No viewers shall be appointed. Every application shall include a list of the names and addresses, if known, of the owner or owners of all of the property affected by a proposed altera- tion or vacation of a street or alley. (4) The City Planning Commission shall hold a pUblic hearing on applications referred to it by the city clerk, after notice of the proposed alteration or vacation of a street or alley has been published twice, with at least six days elapsing between the first and second publication, in a newspaper published or having general circulation in the City, and'after written notice has been mailed to the owner or owners of all of the property direct- ly affected by the proposed alteration or vacation. The cost of publishing said notices shall be paid by the applicant. Ail required notices shall specify the time and place of the hearing at which persons affected may appear and present their views. (5) Following the hearing before the City Planning Commission on an application to alter or vacate a street or alley, the Commission shall report in writing to the City Council whether in its opinion, any, and if any, what inconvenience would result if the application were approved by Council, and the Commission shall report and make a recommendation to council as to whether the application should be approved. (6) The City Council shall act on an application to alter or vacate a street or alley at a public hearing after notice of the proposed alteration or vacation of a street or alley has been published twice, with least six days elapsing between the first and second publication, in a newspaper published or having general circulation in the City. Such notice shall specify the time and place of the hearing at which persons affected may appear and present their views. The cost of publishing said notices shall be paid by the applicant. (7) In acting on an application to alter or vacate a street or alley, City Council shall consider the report and recommendation from the City Planning Commission, the views of those who speak at the public hearing, and other evidence, if any. (8) A certified copy of any ordinance adopted by City Council altering or vacating any City street or alley shall be transmitted by the City Clerk to the Clerk of the Circuit Court of the City of Roanoke and shall be recorded as deeds are recorded, and indexed in the name of the City of Roanoke as grantor. (9) A certified copy of the ordinance adopted by City Council altering or vacating any street or alley shall be transmitted by the City Clerk to the City Engineer, who shall mark "permanently vacated, discontinued and closed" on that portion of the street or alley altered or vacated, referring to the aforesaid ordinance. APPROVED ATTEST: 323 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26147. AN ORDINANCE to REPEAL Section 2-167, Depositories designated', and to amend Section 2-168, Security for deposits, of the Code of the City of Roanoke (1979), as amended. BE IT ORDAINED by the Council of the City of Roanoke that Section 2-167, Depositories designated, of the Code of the City of Roanoke (1979), as amended, be REPEALED from said Code, and that Section 2-168, Security for deposits, of said Code be amended to read.and provide as follows: Section 2-168. Security for deposits. No funds of the City, either current or time deposit funds, shall be deposited in any bank or trust company until it has been designated as a qualified public depository pursuant to the Virginia Security for Public Deposits Act, Sections 2.1-359 et se~., Code of Virginia (1950), as amended. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26148. AN ORDINANCE to amend Section 16-151, subsection (b) of Section 16-176, and subsection (a) of Section 16-178 of Article III, Fair Housing, of Chapter 16, Housing, Code of the City of Roanoke (1979), as amended, to effect certain amendments to the City's Fair Housing Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section 16-151, subsection (b) of Section 16-176, and subsection (a) of Section 16-178, of Article III, Fair Housing, of Chapter 16, Housing, Code of the City of Roanoke (1979), as amended, be amended to read and provide as follows: Section 16-151. Civil action by persons affected by dis- criminatory practices. Any person adversely affected by use of a discriminatory practice prohibited under this article may institute an action for injunctive relief and damages against the person responsible for such discriminatory practice in a court of record having equity jurisdiction in the city. If the ceurt finds that the defendant was responsible for such a practice and that the complainant was adversely affected thereby, it shall enjoin the defendant from use of such practice and, in its discretion, award the complainant actual damages with court costs and reasonable attorney's fees. Section 16-176. General procedures on complaints for discrimi- natory practices; conciliation and consent agreements. (b) Upon the filing of a complaint as set forth in subsection (a) of this section ~nd notice thereof to the person against whom such com- pl~{nt is made, the administrator of the board shall make such investiga- tion as he deems appropriate to ascertain the facts. If the administra- tor of the board shall determine that there are reasonable grounds to believe a violation has occurred and is.susceptible of conciliation, such determination to be made within thirty (30). days of the filing of the complaint, he shall attempt to conciliate the matter by methods of conference and persuasion with all interested parties and such representa- tives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such initial conferences shall be made public by the board or its members or any of its staff, unless all parties thereto agree in writing. 324 Section 16-178. Procedure when grounds for complaint found to exist but conciliation fails. (a) If the administrator of the board or the board has determined that there are reasonable grounds to believe the alleged violation of this article, which is the subject of a complaint filed under Section 16-176, has occurred and the administrator fails to conciliate a complaint after the parties have, in good faith, attempted such con- ciliation; or fails to effect an informal conciliation agreement or a formal consent agreement; or determines that the complaint is not susceptible of conciliation, the administrator of the board shall notify the chairman of the board immediately and in all cases shall give such notice within thirty (30) days after the filing of the com- plaint; provided, that such period may be extended not more than thirty (30) additional days by the board for good cause appearing to the board. Upon receiving such notice, the chairman of the board shall promptly thereafter schedule a public hearing to determine whether a violation of this article has been committed. The board shall give written notice by certified mail to the respondent and the complainant containing a statement of such charges and of the time and place of hearing. The respondent or his counsel may file such statements with the board prior to the hearing date as he deems necessary in support of his position. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26150. AN ORDINANCE authorizing the City Manager to enter into an agreement amending the Agreement between the City and the Western Virginia Foundation for the Arts and Sciences, dated October 27, 1981, to delete Section 6 of such Agreement which requires the Foundation to maintain an irrevocable letter of credit in the amount of $926,200, upon certain terms and conditions; and providing for an emergency. WHEREAS, the City and the Western Virginia Foundation for the Arts and Sciences have here- tofore entered into an Agreement, dated October 27, 1981, by which such Foundation will pay to the City $926,200 for the construction of a theatre and planetarium, and by Section 6 of such Agreement, the Foundation has provided the City with an irrevocable letter of credit in the amount of $926,200 to cover the Foundation'a obligations to the City; WHEREAS, the Foundation has requested that the City agree to the amendment of such contract to delete Section 6, and the Foundation has committed itself to enter into an Indenture with the Roanoke Redevelopment and Housing Authority whereby the Authority and the Foundation agree that the First National Exchange Bank, as trustee, will pay to the City all sums due under the October 27, 1981, Agreement from the proceeds of Roanoke Re development and Housing Authority bonds in the amount of $2,500,000 to be issued on July 29, 1982, or as soon thereafter as all legal papers can be prepared and signed; WHEREAS, this Council is desirous of vacating Section 6 of the Agreement of October 27, 1981, upon the terms and conditions set forth in the Foundation's letter to Council of July 21, 1982; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute and the City Clerk is authorized to attest, respectively, an amendment to the Agreement between the City and the Western Virginia Foundation for the Arts and Sciences, dated October 27, 1981, such amendment to delete Section 6 thereby extinguish- ing the requirement that the Foundation provide the City with an irrevocable letter of credit in the amount of $926,200. 2. The form of the amendatory agreement shall be approved by the City Attorney, and vacation of Section 6 of the Agreement of October 27, 1981, shall be contingent upon the Foundation's entering into an Indenture with the Roanoke Redevelopment and Housing Authority which obligates the First National Exchange Bank, as trustee, to pay all sums due to the City under the Agreement of October 27, 1981, and such vacation is further contingent upon the Foundation's issuance of bonds in the amount of $2,500,000. 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 Mayor 325 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26151. AN ORDINANCE authorizing the retention of the services of~Allright J & S Parking Co., Inc., to manage the operation of a temporary surface parking lot on Parcel 4 of the Downtown East Urban Renewal Area, 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 are, for and on behalf of the City, authorized to execute an agreement providing for the retention of the services of Allright J & S Parking Co., Inc., to manage the operation of a temporary surface parking lot on Parcel 4 of the Downtown East Urban Renewal Area, upon the acquisition of such parcel by the City, such agreement to contain the terms set out and described in a report of the City Manager to Council dated July 26, 1982, such agreement to be in such form as is approved by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26152. AN ORDINANCE providing for the City's acquisition of Parcel 4 of the Downtown East Urban Renewal Area, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager be, and he is authorized to offer to the Roanoke Redevelopment and Housing Authority (RRHA) the sum of $1.00 for the purchase by the City of Parcel 4 of the Downtown East Urban Renewal Area, which is necessary for construction of the first phase of the parking garage to be constructed thereon with funds from the City's Urban Development Action Grant (UDAG). 2. Upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the Citykthe fee simple title to the aforesaid land, free and clear of all encumbrances and containing special warranty of title on behalf of the grantor, the Roanoke Redevelopment and Housing Authority, 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 to such payment, the purchase price hereinabove provided. 3. The proper City officials shall be, and are hereby authorized, after acceptance of the City's offer by the RRHA, to execute any other accessory documents relating to the transfer of the said property to 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 ATTEST:~--~ ~ ~' ~~~._~ City Clerk Mayor 326 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26153. AN ORDINANCE amending and reordaining Section 30-65,.Annual blanket permit for utilities, of the Code of the City of Roanoke (1979), as amended, to provide for the issuance of multiple street opening permits, with the fee for such permits to be established by Council; renaming such section Multiple street opening permit; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 30-65, Annual blanket permit for utilities, of the Code of the City of Roanoke (1979), as amended, is hereby renamed Multiple street opening permit, and such section is hereby amended and reordained to read as follows: Section 30-65. Multiple street opening permit. Notwithstanding any other provision of this division,~the City Manager, upon application of any person, may issue a multiple street opening permit to allow up t° fifteen excavations or openings during the period of a calen- dar month. The fee for such permit shall be established by Council. If the holder of a multiple street opening permit should perform more than fifteen excavations or openings during the calendar month in which such permit is operative, the holder shall notify the City Manager of the excavations or openings made in excess of fifteen and shall pay the prescribed fee which shall be established by Council for each additional excavation or opening. 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 26th day of July, 1982. No. 26154. A RESOLUTION establishing the fees for street opening permits. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The fees to be imposed and collected for street opening permits shall be as follows: a. Individual permit (authorizing $ 10.00 one excavation or opening). b. Multiple street opening permit $ 75.00 (authorizing up to fifteen excavations or openings in one calendar month) c. Charge for each additional $ 5.00 street excavation or opening in excess of the number author- ized by a multiple street open- ing permit 2. The fees authorized hereby are effective retroactively to August 1, 1981. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26155. AN ORDINANCE to amend and reordain Section 34-14, Definitions, of the Code of the City of Roanoke (1979), as amended, to provide that the term "Urban Mass Transit Bus" shall also include vans and similar vehicles operated by the holder of a certificate of public convenience and necessity for the operation of an urban mass transit bus; and to provide for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 34-14, Definitions, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Section 34-14. Definitions. For the purpose of this article, the following words and terms shall have the meanings ascribed to them in this section: Urban mass transit bus. The term "urban mass transit bus" shall mean every automobile bus used in'the business of transporting persons for compensation over the streets of the City, either from points within the City to other points within the City or from points within the City to points without the City located within a radius of ten (10) miles from the corporate limits of the City, to the extent of such operation within the City. The term "urban mass transit bus" shall also include vans and similar vehicles operated over regularly scheduled routes by the holder of a certificate of public convenience and necessity issued pursuant to the provisions of this article or by the designee of such holder, and this article shall apply to and govern the operation of such vehicles. Urban mass transit bus operator. The term "urban mass transit bus operator" shall mean every person owning, controlling or operating any urban mass transit bus. 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 26th day of July, 1982. No. 26156. A RESOLUTION urging the United States Department of Housing and Urban Development to allocate certain funds under the Section 202/Section 8 Program to provide for the construction of assisted housing for the elderly in the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The United States Department of Housing and Urban Development (HUD) is urged to allocate certain funds available under the Section 202/ Section 8 Program in order to provide for the construction of additional assisted housing for the elderly within the City of Roanoke in accordance with the provisions of the City's Housing Assistance Plan. 2. The City Manager is authorized and directed to forward to the Area Director of HUD the "Section 202 Elderly Housing Proposal Comparison" submitted to Council by report of the City Manager dated July 26, 1982, in order to assist HUD in its evaluation of certain proposals for the construction of assisted housing for the elderly in the City now being considered by HUD. 3. The City Clerk is directed to transmit an attested copy of this resolution to the Area Director of the United States Department of Housing and Urban Development. ATTEST: City Clerk APPROVED Mayor 32.8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26157. A RESOLUTION approving the provision of twenty-eight units of Section 8 assisted elderly housing for the Harrison School project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council approves of the provision of twenty-eight units of Section 8 assisted elderly housing for the Harrison School project. 2. The City Clerk is directed, in accordance with the provisions of §36-55.39(b), Code of Virginia (1950), as amended, to transmit to the Virginia Housing Development Authority a certified copy of this resolution approving the Harrison School project. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26158. AN ORDINANCE establishing a Deferred Compensation Plan for certain grant employees of the City who are ineligible to participate in the Employees' Retirement System, authorizing the Mayor to authorize the document entitled "International City Management Association Retirement Corporation Deferred Compensation Plan", authorizing the Director of Finance to execute Joinder Agreements, establishing the amount of the City's contribution on behalf of such officers and employees; and providing for an emergency. WHEREAS, the City of Roanoke has in its employ certain valuable grant employees who are ineligible to participate in the Employees' Retirement System of the City of Roanoke because such employees are not permanent employees, and such employees are and will be performing valuable services for the City; WHEREAS, the City has previously established for certain of its employees the Deferred Compensation Plan of the International City Management Association Retirement Corporation in lieu of their participation in the Employees' Retirement System; WHEREAS, authorizing the participation of certain grant employees in the Deferred Compensa- tion Plan of the International City Management Association Retirement Corporation will benefit the City by making it more able to attract and retain competent grant personnel; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Grant employees of the City of Roanoke who are ineligible to participate in the Employees' Retirement System because they are not permanent employees of the City shall be eligible to participate in the Deferred Compensation Plan of the International City Management Association Retirement Corporation. 2. The City of Roanoke hereby establishes said Deferred Compensation Plan for such officers and employees and authorizes the Mayor to execute the document entitled" International City Management Association Retirement Corporation Deferred Compensation Plan". 3. The Director of Finance may on behalf of the City execute all Joinder Agreements with such grant officers and employees as are necessary for their participation in the Plan. 4. The City shall contribute nine percent (9%) of the base salary of such grant officers and employees to the ICMA Retirement Corporation Deferred Compensation Plan on behalf of such officers and employees. 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. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26159. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. W}IEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks, Recreational & Cultural $1,771,627.00 Library (1 & 2) ............................................. 985,129.00 REVENUE Grants-in-Aid Federal Government 4,114,077.00 Categorical Aid (3) ......................................... 42,501.00 (1) Other Equipment (A01731090020) (2) Books & Publications(A01731030047) (3) Federal Aid to Library (R01072015) $22,000.00 20,501.00 42,501.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN ~LE CO~CIL OF THE CITY OF ROANOKE, VIP~I~IIA, The 26th day of July, 1982. No. 26160. A RESOLUTION authorizing the City Manager or the Assistant City Manager to accept a certain Grant-In-Aid for the City's Library approved by the State Library Board and to execute the requisite document to enable the City to receive such Grant-In-Aid. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized, for and on behalf of the City, to accept a certain Grant-In-Aid for the City's Library in the amount of $157,029, as approved by the State Library Board, and to execute a certain document entitled "Authorization of Expenditure of State Aid Funds 1982-1983" to enable the City to receive such Grant-In-Aid. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26161. AN ORDINANCE providing for an increase in the City's financial participation in a joint sanitary sewer evaluation study for the Tinker Creek Drainage area, under contract with Roanoke and Botetourt Counties; repealing certain portions of Ordinance No. 24791, adopted August 13, 1979; 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, and the City Clerk is authorized to attest, an instrument, on such form as approved by the City Attorney, amending the City's contract dated August 13, 1979 with Roanoke and Botetourt Counties, providing for a sanitary sewer evaluation study for the Tinker Creek Drainage area. The amendatory contract shall provide for an increase in the study cost from $230,762 to $248,047. This will cause a $3,284.15 increase in the City's participation, from $43,844.78 to $47,128.93 and cause a $13,136.60 increase in the City's initial expenditure subject to grant reimbursement, from $175,379.12 to $188,515.72. 2. To the extent of any inconsistency herewith, Ordinance No. 24791, adopted August 13, 1979, is hereby REPEALED. 3. The City Clerk is directed to transmit a copy of this ordinance to the appropriate officials of Roanoke County, Botetourt County and Botetourt County Service. Authority. 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 26th day of July, 1982. No. 26162. A RESOLUTION expressing the City's opposition to the proposal to construct an antenna tower on Green Ridge in Roanoke County, in connection with FAA Aeronautical~Study No. 82-AEA-467- 0E. WHEREAS, Roanoke ~Family TV, also known as Sterling Communications, Chattanooga, Tennessee, proposes to construct un~er license from the Federal Communications Commission an antenna tower on Green Ridge in Roanoke County, Virginia, at a location 11,400 feet north of Roanoke Municipal Airport, Woodrum Field, Rom~oke, Virginia, to aid in the broadcast of te%evision programs; WHEREAS, the FAA is conducting an aeronautical study of this matter to determine whether the tower would constitute a hazard to air navigation; WHEREAS, this tower, if it were built, would reach 1,000 feet above ground level, would lie in the center of the flyway used by local aircraft, in heavily travelled airspace, would adversely affect approach minimums for certain approaches to the Airport, would generally constitute a hazard to air navigation and would have an adverse effect upon the operation of these air naviga- tion facilities and upon the safe and efficient utilization of this navigable airspace; WHE?~AS, this tower, if constructed, would violate the air space restrictions as appropriat, ly imposed by the County of Roanoke in its Zoning Ordinance to protect airspace. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council opposes the proposal of Roanoke Family TV to construct a television antenna on Green Ridge in Roanoke County, Virginia, as a hazard to safe and efficient air navigation in and about the Roanoke Municipal Airport, Woodrum Field. 2. This Council urges the FAA in its study to determine that such a facility, if built, would constitute a hazard to air navigation and to deny to Roanoke Family TV any permit to construct the same. 3. Should the Virginia Aviation Commission acquire jurisdiction over this matter, this Council urges that it deny to Roanoke Family TV any permit to construct such an antenna. 4. This Council urges the Roanoke County Board of Supervisors to oppose the construction of the tower, as violative of certain of its zoning provisions. 5. This Council urges the Federal Communications Commission to deny any permit to Roanoke Family TV to construct such a tower, on account of the Airport safety considerations set forth above. 6. The City Attorney is directed to transmit an attested copy of this resolution to the Federal Aviation Administration, Air Traffic Division, Jamaica, New York, for inclusion in the current study on this matter and the City Clerk is directed to transmit an attested copy of this resolution to the Virginia Aviation Commission, the Secretary of the Federal Communications Co~mis- sion, the Clerk of the Roanoke County Board of Supervisors, Mr. A. M. Whittaker, Roanoke Station Manager, Piedmont Airlines Mr. Odell Minnix, Manager, Air Virginia, Roanoke, Virginia and to Sterling Communications, Chattanooga, Tennessee. ATTE ST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26163. AN ORDINANCE amending and reordaining Section 24-97, Consumption of alcoholic beverages, of the Code of the City of Roanohe (1979), as amended, to prohibit possession or carrying of alcoholic beverages into any City park; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 24-97, Consumption of alcoholic beverages, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 24-97. Possession or consumption of alcoholic beverages. If any person, in or upon the grounds of any City park, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall be guilty of a Class 4 misdemeanor. As used in this Section, the term "alcoholic beverage" shall have the meaning set forth in Section 4-2(2), 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26164. AN ORDINANCE providing for certain supplemental benefits under the Employees' Retirement System to certain members of such System and 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 Employees' Retirement System being defined hereinafter shall be retroactive to July 1, 1981, increased accord- ing to the following schedule: Allowance of up to $300.00 per month - an increase of $10.00 per month Allowance of $300.01 to $600.00 - an increase of $8.00 per month c. Allowance of $600.01 or more per month - an increase of $5.00 per month. 2. The retirement allowance, including any increase granted by Paragraph 1 of this ordinance, payable on account of certain members of the Employees' Retirement System being defined hereinafter shall be retroactive to July 1, 1982, increased according to the following schedule: Allowance of up to $300.00 per month - an increase of $10.00 per month Allowance of $300.01 to $600.00 - an increase of $8.00 per month c. Allowance of $600.01 or more per month - an increase of $5.00 per month. 3. The increase in benefits provided for in Paragraphs 1 and 2 of this ordinance shall apply to the following categories of persons entitled to receive benefits under the Employees' Re- tirement System only: Any member retired under ordinary service as defined in Section 22-51(a), Code of the City of Roanoke (1979), as amended, with at least ten (10) years of creditable service and who meets the criteria of Paragraph 4 of this ordinance; or be Any member retired on ordinary disability retirement allowance or accidental disability retirement allowance as such terms are defined by Sections 22-54 and 24-55, Code of the City of Roanoke (1979), as amended, and who meets the criteria of Paragraph 4 of this ordinance; or ~ Any member retired under early service retirement as defined by Section 22-52, Code of the City of Roanoke (1979), as amended, and who meets the criteria of Paragraph 4 of this ordinance; or de Any surviving spouse of a member who is entitled to a benefit under Section 22-62, Code of the City of Roanoke (1979), as amended; provided that the decedent member spouse through whom the surviving spouse is entitled to benefits qualified under Paragraph 4 of this ordinance; or Any member retired under Chapter 2, Police and Fire Pensions prior to January 1~ 1.9~6, of Title III, Code of the City of Roanoke (1956), as amended or the surviving spouse of any such member. 4. In order to qualify for the increase in benefits provided for by Paragraph 1 of this ordinance retroactive to July 1, 1981, a member described in subparagraphs a, b, or c, of paragraph 3 of this ordinance shall have retired on or before July 1, 1980, and, in order to qualify for the increase in benefits provided for by Paragraph 2.of this ordinance retroactive to July 1, 1982, a member described in subparagraph a, b, or c, of Paragraph 3 of this ordinance shall have retired on or before July 1, 1981. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26165. AN ORDINAiqCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Goven~ment of tile City of Roanoke, an emergency.is declared to exist. THEREFORE, BE IT O~nAI~ED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety $12,592,883.00 Police Patrol (1) ............................................. 3,271,182.00 Public Works 3,666,445.00 Street Paving Program (2) ..................................... 765,000.00 Internal Services 10,877,540.00 Building Maintenance (3) ...................................... 1,764,831.00 (1) Vehicular Equipment (2) Annual Paving Contract (3) Work By Outside Contractors (A01311390010) $151,424.00 (A01412020081) 765,000.00 (A06263134061) 50,609.00 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 26th day of July, 1982. No. 26166. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Water Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Water Fund Appropriation Ordinance be, and the same are hereby, amended 'and reordained, to read as follows, in part: APPROPRIATIONS Operating (1-6) ................................................ $2,777,947.31 Capital Outlay (7-30) .......................................... 2,598,540.32 (1) Stationery & Office (A02211030005) $ 47.51 (2) Buildings & Property (A02212034005) 98.35 (3) Motor Fuels & Lub. (A02213030030) 30.15 (4) Chemicals (A02213030051) 15,017.96 (5) Buildings & Property (A02213034005) 273.36 (6) Other Equipment (A02213034015) 2,121.98 (7) Oper. & Const. Equip. (A02511090015) 30,538.00 (8) SW Trunk Line (Phase 4) (A02511090301) 124,641.86 (9) New Serv. Hyd. Line (A02511090401) 1,680.00 (10) Unidentified Plant Replace- ment (A02511090501) (11) (12) 12 Line Strother Rd. (13) 12 Line Brambleton Avenue (14) Flocculator Repl. (15) fl0 yr. Meter Repl. (16) (17) (18) (19) (20) (21) (22) 8-12 Line Edgewood Corridor (A02511090701) Statesman 20 and 12 Line 12 Line Grandin to Rt. 419 16 Line Rt. 419 Loop 12 Line Lewiston St. Z0 Line Rt. 460 East 12 Line ming tc Va. 12 Line Rt. 22C South (A02511091101) (A02511091301) (A02511091601) (A02511091701) (A02511092701) (A02511092901) (A02511093001) (A02511094301) (a02511094601) (A02511094901) (A02551095201) (23) Carvins Cove Eoof Replacement(A02511095501) (24) CS Basin Wall Replacement (A02511095~01) (25) FC Plans and SPecs (A025!1096!01) (26) Statesman Telementary (A02511096401) (27) 12 Line Deyerle Road (A02511096402) (28) 12 Line Mudlick Road (A02511096403) (29) Carvins Cove Land (A02521091301) (30) Carins Cove Filter Plant Add't. (A02521091401) 5,000.00 32,749.12 20,700.00 22,971.92 66,000.00 51,294.54 55,792.06 51,230.70 105,805.43 24,721.84 8,249.24 155,91G.74 13,003.36 25,500.00 1O0,000.00 54,000.00 6,491.23 55,239.39 70,610.76 59,592.00 693,374.13 BE IT FURTHER OP~AINED 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 July, 1982. No. 26168. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Sewage Treatment Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: 334 APPROPRIATIONS Operating (1-4) .................................................... $1,299,238.14 Capital Outlay (5-12) .............................................. 4,133,477.30 (1) Fees for Prof. Services (A04210420010) $ 8.00 (2) Stationery & Office (A04210430005) 129.14 (3) Clothing & Personal (A04210430040) 27.00 (4) Bldg. & Prop. (A04210434005) 1,750.00 (5) Construction (A04511090065) 4,238.00 (6) Land Acquisition (A04511091301) 34,812.50 (7) Replace Wiring Lights T/W 5-23(A04511091625) 24,400.00 (8) Acquire Land/Noise Abatement (A04511091801) 85,110.00 (9) Parking Lot (A04511092001) 9,000.00 (10) Runway Improve. (A04511092101) 3,506,229.80 (11) ADAP Project No. 651004511 (A04511092201) 9,877.40 (12) Land Acquisition (A04511092301) 331,819.60 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 July, 1982. No. 26167. ~ OkDIN~'CE to amend a;'.~ r~oraain certain section, s of the 19o2-oo Sewage Treatment Fund Appropriation Ordinance, ana providing for an emerge~Lcy. WHEREAS, for the Usual daily operation of the }iunicipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Sewage Treatment Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS ' Operating (1-7) .................................................... $5,379,619.44 Capital Outlay (8-15) .............................................. 1,337,996.57 (1) Fees for Prof. Services (2) Stationery & Office (A03210330005) 12.78 (3) Restoration & Construction (A03210330045) 4,393.75 (4) Chemicals (A03210330051) 1,101.59 (5) Bldgs. & Prop. (A03210334005) 51,488.41 (6) Other Equip. (A03210334015) 15,560.19 (7) Misc. New Construction (A03210791608) 21,474.72 (8) New Glade Creek Interceptor (A03511091101) 136,289.17 (9) Norfolk Avenue Sewer Project (A03511091201) 3,689.99 (10) STP Flood Relief (A03511091401) 2G1,420.00 (11) Ore Branch Upper Segment (A03511091501) 119,217.98 (12) Ore Branch Lower Segment (A03511091601) 204,683.24 (13) Sludge Dewatering Facility (A03511091701) 30,000.00 (14) Sewer Line Replacement (A03511091901) 63,805.34 (15) Vinton Connection Facility (A03511092001) 498,890.85 (A03210320010) $305,610.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from [ts passage. APPROVED kTTEST: City Clerk Mayor 335 IN THE COUNCIL OF THE CITY OF ROanOKE, VIRGINIA, The 26th day of July, 1982. No. 26169. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Civic Center Fund Appropriation Ordinance be, and the same are hereby, amended and re- ordained, to read as. follows, in part: APPROPRIATIONS Operating (1-6) ................................................ $1,255,729,95 Capital Outlay (7-8) ........................................... 266,929.18 (1) Fees for Prof. Services (A052!0520010) $ 795.00 (2) Stationery & Office (A05210530005) 163.35 (3) Motor Fuels & Lubricants (A05210530030) 34.91 (4) Expend. Tools & Equipment ($500)(A05210530035) 200.19 (5) Other Equip. (A05210534015) 559.00 (6) Promotional Advertising (A05210620015) 1,262.50 (7) Hanion & Avery Property (A05511090101) 976.62 (8) A/C Chillers (A05511090201) 265,952.56 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 July, 1982. No. 26170. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained to read as'follows, in part: APPROPRIATIONS Internal Services $10,877,540.00 City Information Services (1-4) .............................. 1,105,638.00 (1) (2) (3) (4) Fees for Prof. Services Commun ica t ion s Equipment Rental Cont ingencie s (A06160120010) $ 3,700.00 (A06160131005) 4,000.00 (A06160140005) 3,000.00 (A06160132006) (10,700.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~~ City Clerk APPROVED Mayor 336 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26171. AN ORDINANCE authorizing a certain contract to be entered into with Network Computing Corporation for a term of eighteen (15) months to provide a utility billing system; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follow: 1. The City Manager is hereby authorized, for an on behalf of the City, to enter into a written contract with Network Computing Corporation of Charlotte, North Carolina, for a term of eighteen (18) months providing for such firm's providing the City with a utility billing system to be utilized by the Office of BJ_llings and Collections of the Department of Finance and for re- muneration to such firm in accordance with the attachment to the Director of Finance's report, dated July 26, 1982, 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26172. ~ OP~INANCE to amend and reordain certain sections of the 1982-83 Airport Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Airport Fund Appropriation Ordinance be, and the same are hereby, amended and reordain- ed, to read as follows, in part: APPROPRIATIONS Capital Outlay $4,145,477.30 Land Acquisition (1) ...................................... 12,000.00 Retained Earnings - Unrestricted (2) ......................... 2,248,383.59 (1) (2) Norma Letson Property Unrestricted (A04511092401) $12,000.00 (X04937225) 12,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~~~___ City Clerk APPROVED May o r 3, 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26173. AN ORDINANCE providing for the City's acquisition of 0.624 acre on Dent Road, Roanoke County, Virginia, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Norma G. Letson to sell and convey to the City of Roanoke all of 0.624 acre lying on the south side of Dent Road, Roanoke County, Virginia, for $12,000.00 is hereby ACCEPTED. 2. 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 land free and clear of all encumbrances and material title objections and containing general warranty and modern English covenants o'f title (or such other deed warranties as the City Attorney may approve) on behalf of the grantor,'Norma G. Letson, or her representative, such deed to be in form approved by the City Attorney, the appropriate City officials shall be authorized to execute and deliver to such person or persons as are certified by the City Attorney to be entitled thereto the $12,000.00 purchase price, less any amount due to be paid by said grantor as taxes or other appropriate charges. 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 Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26174. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Sewage Treatment Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay $1,339,746.57 Land Purchases (1) ........................................... 1,750.00 General Operating 4,798,090.83 Contractual Services (2) ....... · .............................. 1,253,010.00 (1) Land Purchases (2) Fees for Prof. Services (A03511090050) $ 1,750.00 (A03210320010) (1,750.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~,~ City Clerk Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1982. No. 26175. AN ORDINANCE providing for the City's acquisition of Lot 19, Block 5, Eastover Place, Roanoke, Virginia, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Ralph A. Glasgow to sell and convey to the City of Roanoke all of Lot 19, Block 5, Eastover Place, Roanoke, Virginia, for $1,750.00, is hereby ACCEPTED. 2. 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 land, free and clear of all encumbrances and material title objections and containing general warranty and modern English covenants of title on behalf of the grantor, Ralph A. Glasgow, such deed to be in form approved by the City Attorney, the appropriate City officials shall be authorized to execute and deliver to such person or persons as are certified by the City Attorney to be entitled thereto the $1,750.00 purchase price, less any amount due to be paid by said grantor as taxes or other appropriate charges. 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1982. No. 26176. AN ORDINANCE authorizing the lease of certain property owned by the City in the vicinity of the Airport, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of William C. Cranwell for the lease of approximately 5.43 acres of land in the vicinity of Roanoke Municipal Airport, Woodrum Field, such property being known as the Ayers property and being located at 712 Dent Road, N. W., for a one-year term, commencing September 1, 1982, at an annual rate of $2,460.00 payable monthly in advance at the rate of $205.00 per month is hereby ACCEPTED. 2. The City Manager or Assistant City Manager is hereby authorized and directed, for and on behalf of the City, to execute a written lease of the aforesaid land to the offeror, such lease to be in a form approved by the City Attorney and to be upon such terms and conditions as are set out herein, and to contain such other terms and conditions deemed appropriate by the City Manager. 3. Such lease shall provide that the term is renewable on a year-to-year basis subject to the concurrence of both parties and that the City reserves the right to terminate the lease upon ninety days prior written notice if the intended use conflicts with Airport operations or plans. Such property shall be used for livestock grazing, hay cutting and stabling of livestock in the existing barn, and the lessee shall undertake to maintain the fences and the barn. ATTEST: ~~ City Clerk APPROVED Mayor 339 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1982. No. 26179. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) Flow Through 82-83 (1-9) ............................. Project Aware 82-83 (10-14) .......................... ABE Dissemination Conference 82-83 (15) .............. Apprenticeship 82-83 (16-20) ......................... ABE/DIAL 82-83 (21-24) ............................... CETA Title II-B Geriatric Nursing (25) ............... Pre-School Incentive 81-82 (26-27) ................... $3,041,998.46 401,695.00 11,786.50 31,983.93 95,212.00 18,515.00 180.00 4,564.39 REVENUE Roanoke City School Grants (R354000) Flow Through 82-83 (28-29) ........................... Project Aware 82-83 (30-31) .......................... ABE Dissemination Conference 82-83 (32) .............. Apprenticeship 82-83 (33) ............................ ABE/DIAL 82-83 (34) .................................. CETA Title II-B Geriatric Nursing (35) ............... Pre-School Incentive 81-82 (36) ...................... $3,041,998.46 401,695.00 11,786.50 31,983.93 95,212.00 18,515.00 180.00 4,564.39 (1) Teachers (A35452110030) (2) Aides (A35452110031) (3) In-Service Training (A35452110040) (4) Fringe Benefits (5) Health Services (6) Supplies (7) Procedural Forms (8) Travel (9) Office Equipment (10) Safety Coordinator (A35452111070) (A35452120010) (A35452120030) (A35452130031) (A35452133030) (A35452190010) (A35460410030) (11) In-Service Training (A35460410040) (12) Fringe Benefits (13) Office Supplies (14) Audio-Visual Supplies (15) Conference Charges (16) Coordinator (17) Teachers (18) Fringe Benefits (19) Supplies (20) Travel (21) Head Teachers (22) Secretary (23) Fringe Benefits (24) Telephone (25) Tuition Fees (26) Fringe Benefits (27) Equipment (28) Federal Grant Receipts (A35460411070) (A35460430005) (A35460430030) (A35470820011) (A35470910002) (A35470910030) (A35470911070) (A35470930005) (A35470933005) (A35471010030) (A35471010031) (A35471011070) (A35471031005) (A35440620012) (A35451511070) (A35451590005) (R35452121) (29) State Grant Receipts(R35452125) (30) Federal Grant Receipts (R35460421) (31) Local Match (R35460431) (32) State Grant Receipts(R35470825) (33) State Grant Receipts(R35470925) (34) Local Match (R35471031) (35) Federal Grant Receipts (R35440621) (36) Federal Grant Receipts (R35451521) $209,743.00 64,618.00 2,000.00 69,334.00 36,771.00 5,100.00 2,265.00 5,364.00 6,500.00 9,500.00 450.00 636.50 300.00 900.00 8,000.00 25,440.00 58,272.00 10,000.00 500.00 1,000.00 9,865.00 5,018.00 3,228.00 404.00 (180.00) .01 (335.61) 343,695.00 58,000.00 7,396.50 4,390.00 8,000.00 95,212.00 18,515.00 (180.00) (335.61) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 340 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1982. No. 26180. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Judicial Administration $ 1,363,178.00 Sheriff (1) ............................................ 569,881.00 Public Safety 12,446,459.00 Jail (2) ............................................... 1,524,684.00 REVENUE Grants-in-Aid Commonwealth 31,053,661.00 Sheriff (3) ........................................... 595,574.00 (1) Salaries & Wages (A01214010002) $73,500.00 (2) Clothing (A01331030040) 5,000.00 (3) Sheriff (R01061010) 78,500.00 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 August, 1982. No. 26181. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the ususal daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982~83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Judicial Administration $1,293,578.00 Law Library (1) ................................ 49,408.00 (1) Books & Publications (A01215030047) $3,024.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~~L~X~- City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1982. No. 26182. A RESOLUTION approving the execution of two agreements with the Virginia Housing Develop- ment Authority providing for an allocation of $750,000 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 ratifies and approves of the execution by the Assistant City Manager, for and on behalf of the City, of two Urban Preservation and Infill Program Commitment Agreements with the Virginia Housing Development Authority (VHDA) dated August 10, 1982, providing for the allocation by VHDA of a total of $750,000 in mortgage financing at the rate of 13.85 percent interest for the purchase of properties located within those areas of the City set out in such Agreements, as identified in a report of the City Manager to Council dated August 9, 1982. 2. Those financial institutions which have been authorized to and which are currently receiving and processing loan applications in the City as part of the program described above are hereby designated to receive and process loan applications for the funds to be made available pursuant to the aforesaid two agreements dated August 10, 1982. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1982. No. 26184. AN ORDINANCE authorizing and providing for an Amendment to a Lease dated February 10, 1981, between the City of Roanoke and Total Action Against Poverty in Roanoke Valley, Inc., relating to the Harrison School, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Noel C. Taylor, Mayor, and Mary F. Parker, City Clerk, are authorized and directed to execute and to attest, respectively, on the City's behalf, an Amendment to Paragraph 5 of the Lease dated February 10, 1981, between the City of Roanoke and Total Action Against Poverty in Roanoke Valley, Inc., relating to the lease of the Harrison School, such amendment to be in a form approved by the City Attorney and to provide for the deletion of the requirement that the lessee obtain fire insurance for the structure and waiving the City's right of subrogation against the lessee should the structure be destroyed by fire. 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 ATT ES T: City Clerk Mayor 342 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1982. No. 26185. AN ORDINANCE to amend and reordain certain sections of the 1982-83 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 1982-83 General and Capital Funds Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND APPROPRIATIONS Planning and Community Development $ 757,477.00 Economic Development & Grants (1) .................. 80,557.00 Transfer to Other Funds 7,736,749.00 Transfers to Capital Projects Fund (2) ............. (16,500.00) CAPITAL PROJECTS FUND Capital Improvement Reserve $1,481,456.49 Economic Development (3) ........................... 13,500.00 (1) Fees for Prof. Services (A01812020010) $ 16,500.00 (2) Transfers to Capital Project Fund (A01931037008) (16,500.00) (3) Economic Development (A08310172511) (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 9th day of August, 1982. No. 26186. AN ORDINANCE authorizing the City Manager to enter into an agreement with the J. E. Sirrine Company of Greenville, South Carolina, to provide certain design consulting services relating to economic development site studies in the City; 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 attest, respectively, an agreement with the J. E. Sirrine Company of Greenville, South Carolina, for the provision of certain professional services relating to an economic development site study to be conducted by such firm, for a fee not to exceed $16,500.00, subject to the terms and conditions set out and described in a report to Council from the Economic Development Commission dated August 9, 1982, such agreement to be in such form as may 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. ATTEST: ~ ~ ~~ City Clerk APPROVED Mayor 3z 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26177. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amend- ed, and Sheet No. 101, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a certain tract of land located in the City of Roanoke and designated as Official Tax Numbers 1010305, 1010306, 1010307, 1010308, 1010309, 1010310 and 1010311 rezoned from LM, Light Manufacturing District to C-3, Central Business District; and WHEREAS, application has been made to the Council of the City of Roanoke to have a certain tract of land located in the City of Roanoke and designated as Official Tax Numbers 1010416, 1010417 and 101418, rezoned from C-4, Central Business Expansion District to C-3, Central Business District; and WHEREAS, application has been made to the Council of the City of Roanoke to have the afore- said tracts of land also designated as H-i, Historic District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from LM, Light Manufacturing District, and C-4, Central Business Expansion District, respectively, to C-3, Central Business District, with H-1 Historic District designation; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 9th day of August, 1982, at 7:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and all 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning and Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particulars and no others, viz: Property located on Norfolk Avenue in the City of Roanoke, designated on Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Numbers 1010305, 1010306, 1010307, 1010308, 1010309, 1010310 and 1010311 be, and is hereby, changed from LM, Light Manufacturing District, to C-3, Central Business District, with H-i, Historic District Designation, and property located on Norfolk Avenue in the City of Roanoke and designated on Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Numbers 1010416, 1010417 and 1010418, be, and is hereby, changed from C-4, Central Business Expansion District, to C-3, Central Business District, with H-l, Historic District Designa- tion, and that Sheet No. 101 of the aforesaid map be changed in these respects. APPROVED ATTEST: City Clerk Mayor 344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26178. AN ORDINANCE permanently vacating, discontinuing and closing a 20 foot public utility easement and alley running in a north-south direction from Crown Point Road to Hartsook Boulevard, in the Garden City area in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Crown Point Associates, Inc., has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described 20 foot public utility easement and alley which is more particularly described hereinafter; and WHEREAS, Crown Point Associates, Inc., did, at least ten (10) days prior to May 28, 1982, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of its application to the Council by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), and at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to Council; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on July 7, 1982, at 1:30 p.m., after due and timely notice thereof by publication in The Roanoke Times & World-News, 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 hereinafter described 20 foot public utility easement and alley have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no incovenience will result to any individual or to the public for permanently vacating, discontinuing and closing said 20 foot public utility easement and alley as requested by Crown Point Associates, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain 20 foot public utility easement and alley situate in the City of Roanoke, Virginia, and more particularly described as follows: A 20 foot public utility easement and alley running in a north-south direction from Crown Point Road to Hartsook Boulevard, in the Garden City area of the City of Roanoke, Virginia. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for sewer lines, water mains, drainage and other public utilities that may now be located in or across said 20 foot public utility easement and alley, together with the right of ingress or egress for the maintenance of such lines, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described 20 foot public utility easement and alley 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 20 foot public utility easement and alley on all maps and plats on file in his office on which said 20 foot public utility easement and alley is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of Crown Point Associates, Inc., and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: ~~t~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26183. AN ORDINANCE granting to the City of Roanoke a license for a footing encroachment into Tazewell Avenue, in connection with the proposed Williamson Road Parking Garage. BE IT ORDAINED by the Council of the City of Roanoke that, pursuant to Section 15.1-376, Code of Virginia (1950), as amended, this Council grants to the City of Roanoke a license to encroach one foot three inches into Tazewell Avenue, S. E., Roanoke, Virginia, at its intersection with Williamson Road, by means of a footing for the Williamson Road Parking Garage. The footing will exist at a minimum depth of four feet four inches and be one foot thick. ATTEST APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26187. AN ORDINANCE providing the name for the City's park on Church Avenue across from Fire Engine Company Number 1. BE IT ORDAINED by the Council of the City of Roanoke that the City's new park on Church Avenue across from Fire Engine Company Number 1 be designated, named and known as "Century Square." APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26188. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City Schools Grants (A354000) Flow Through 82-83 (1-5) ........................ Juvenile Detention Home 82-83 (6-10) ............ $3,079,290.54 408,702.00 30,285.08 REVENUE Roanoke City School Grants (R354000) ................. $3,079,290.54 Flow Through 82-83 (11) ......................... 408,702.00 Juvenile Detention Home 82-83 (12) .............. 30,285.08 (1) In-Service Training (A35452110040) $ (2) Health Services (A354521200t0) (3) Supplies (A35452130030) (4) Procedural Forms (A35452130031) 300.00 5,229.00 371.00 600.00 (5) Office Equipment (6) Salary (7) Fringe Benefits (8) Supplies (9) Travel (10) Indirect Costs (11) Federal Grant Receipts (R35452121) (12) State Grant Receipts(R35452225) (A35452190010) $ 507.00 (A35452210002) 22,814.00 (A35452211070) 5,730.38 (A35452230030) 400.00 (A35452233030) 200.00 (A35452235040) 1,140.00 7,007.00 30,285.00 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 August, 1982. No. 26193. AN ORDINANCE to amend and reordain certain sections of the 198283 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $8,498,105.94 Title XX Services (1) ......................... 70,366.38 REVENUE Charges for Current services 2,690,866.38 Title XX Receipts (2) ......................... 70,366.38 (1) Employment Services (A01532020066) $50,501.00 (2) Title XX Receipts (R01083530) 50,501.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ ~l~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26194. AN ORDINANCE providing for the purchase of certain used vehicles 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 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 furnish and deliver to the City two used 1982 Ford Fairmont Futura four-door sedans at a price of $15,160.00 is hereby ACCEPTED. 347 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefor, incorporating in the 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26195. AN ORDINANCE amending Ordinance No. 26158, adopted July 26, 1982, authorizing and providinglI for the participation of grant employees of the City of Roanoke who are ineligible to participate in the Employees' Retirement System in the Deferred Compensation Plan of the International City Management Association Retirement Corporation, such amendment to provide that Ordinance No. 26158 shall be retroactive to July 1, 1981; and providing for an emergency and an effective date. WHEREAS, by Ordinance No. 26158, adopted July 26, 1982, Council authorized participation of grant employees of the City of Roanoke who are ineligible to participate inthe Employees' Retirement System in the Deferrred Compensation Plan of the International City Management Association Retirement Corporation, and Council is now desirous of making the provisions of Ordinance No. 26158 retroactive to July 1, 1981; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Paragraph 5 of Ordinance 26158, adopted July 26, 1982, is hereby amended and reordaine~ to read and provide as follows: In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force retro- active to July 1, 1981. 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 23rd day of August, 1982. No. 26196. A RESOLUTION urging the establishment of a branch post office. WHEREAS, residents in the Southwest portion of the City of Roanoke and of Roanoke County do not have ready access to a convenient branch post office at which to transact required business; WHEREAS, the lack of adequate postal facilities results in a great waste of the residents' time and energy and causes substantial consumption of gasoline needed to transport citizens to the remote branch locations; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council urges the Postmaster General of the United States Postal Service forthwith to take all actions necessary to locate a branch post office in an area convenient to the residents of the Southwest section of the City and of Roanoke County. 2. The City Clerk is directed to forward attested copies of this resolution to the Postmaster General of the United States Postal Service, to The Honorable Harry F. Byrd, The Honorable John W. Warner and to The Honorable M. Caldwell Butler. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26197. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 2-188, Payroll deductions, to provide for the circumstances under which payroll deductions shall be permitted on and after August 23, 1982; and providing for an emergency. WHEREAS, withholding of monies from the salaries and wages of City officers and employees and paying such monies withheld to third persons or organizations or for programs or benefits for City officers and employees is unduly burdensome and expensive; WHEREAS, every request of a City employee for withholding of money from his paycheck involves a cumulative burden of processing such request; WHEREAS, authorization of such withholding for new programs or benefits or organizations could require additional personnel in the Department of Finance to administer such payroll deductions, and, moreover, the number of slots in the City's payroll system for employee payroll deductions is limited; WHEREAS, Council is desirous of establishing a reasonable, clearly stated and fair policy with respect to future withholdings permitted by the City; 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 amended and reordained by the addition of the following new section: Section 2-188. Payroll deductions. (a) On and after August 23, 1982, neither the Director of Finance nor any other City officer shall honor any request of any City officer or employee to withhold salary or wages of such officer or employee, in whole or part, and pay such withheld monies to a third person or organization or for any program or benefit except in the following instances: (1) Where required by provision of Federal or State law or regulation or City ordinance or by order of a court of competent jurisdiction; or (2) Where such withholding is for a purpose, benefit, program or organi- zation of general interest in which all City officers and employees can, solely by virtue of their status as City officers and employees, without more, participate; (b) This section shall have no application to any withholding which was in effect for any purpose~ benefit, program or organization on the date of adoption of this ordi- nance nor shall, this section be construed as prohibiting the addition of new employees where withholding exists for any organization, program or benefit on the date of adoption of this ordinance. 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 23rd day of August, 1982. No. 26198. AN ORDINANCE to amend and reordain certain sections of the 1982-83 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATONS Community Development Block Grant $12,386,375.46 C.D.B.G. (B-81-MC-51-0020) (1-2) .................................... 2,895,695.75 REVENUE Community Development Block Grant $12,386,375.46 C.D.B.G. Other Program Income Payment (3) ........................... 336,513.98 (1) Unprogrammed C.D.B.G. Rehabilitation Loans (2) Unprogrammed C.D.B.G. Nonsettlement (3) Other Program Income and Payment (A35668100415) (A35668100416) (R35666603) $20,632.00 1,296.00 21,928.00 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 23rd day of August, 1982. No. 26199. AN ORDINANCE to amend and reordain certain sections of the 1982-83 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant $12,364,447.46 Excess Parking Lot Income (1) .................... 69,677.89 REVENUE Community Development Block Grant 12,364,447.46 Parking Lot Income (2) ........................... 510,861.48 (1) Excess Parking Lot Income (RRHA) (2) Parking Lot Income (A35668100402) $26,255.63 (R35666602) 26,255.63 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: /~A.~ City Clerk APPROVED Mayor 35O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26200. AN ORDINANCE accepting the bid of B & B Paint Contractors, Inc., for interior painting at the Coyner Springs Nursing Home, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejectin~ all other bids made to the City for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of B & B Paint Cpntractors, Inc., of Roanoke, Virginia, made to the City in the amount of $19,500.00 for interior painting at the Coyner Springs Nursing Home, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, 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 success- ful bidder, based on its proposal made therefor and the City's specifications made therefor, such 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 other bid made to the City for the aforesaid work is hereby REJECTED, and the City Clerk is directed to notify such bidder and to express to it 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26201. AN ORDINANCE to amend and reordain certain sections of the 1982-83 CaPital Fund Appropriatio and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects $3,835,435.55 King Street - Route'460 Sanitary Sewer Main Extentions (1) ................................. 56,886.90 Sewage Lateral Replacement (2) ............................ 383,285.64 (1) Appropriated from General Revenue (2) Appropriated from General Revenue (A08220190303) $ 56,886.90 (A08220190103) (56,886.90) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26202. AN ORDINANCE accepting a bid and awarding a contract for the construction of the King Street - Route 460 Sanitary Sewer Main Extension project; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of S. C. Rossi & Company, Inc., for furnishing all tools, labor, machinery and materials necessary to c~nstruct the King Street -' Route 460 Sanitary Sewer Main Extension project, in full accordance with the City's plans and specifications made for this work, for the total sum not to exceed $54,178.00 without further authorization of ~the appropriate authorities of this City, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized .to attest, the requisite unit price contract with the aforesaid bidder, such contract having incorporated therein the City's require- ments, plans and specifications made for this work, the bidder's proposal made to the City and the provisions of this ordinance, and to be on such form as approved by the City Attorney. 3. Upon satisfactory completion of all of the work, accepted by the City as meeting all of the specifications, the Director of Finance shall be authorized to make payments to the contractor in accordance with the provisions of this ordinance and the contract between the parties, charging the payments to appropriations heretofore or simultaneously made by the Council for this purpose. 4. Ail other bids made to the City for said work are hereby REJECTED; the City Clerk shall notify the other bidders and express the City's appreciation for their bids. The City Engineer shall notify Ray Sink Plumbing and Heating, Buchanan, Virginia, and provide specific reasons for the City's rejection of its 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 23rd day of August, 1982. No. 26203. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Business Session of the 1982 Annual Meeting of the Virginia Municipal League and a Voting Delegate, Alternate Voting Delegate and Staff Assistant for meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Business Session of the Virginia Municipal League (VML) Annual Conference to be held on Tuesday, September 21, 1982, Mayor Noel C. Taylor and vice-Mayor Howard E. Musser are hereby designated Voting Delegate and Alternative Voting Delegate, respectively. 2. For any meetings of the Urban Section of VML to be held in conjunction with the Annual Meeting of the League, September 19 through 22, 1982, Mayor Noel C. Taylor and Vice-Mayor Howard E. Musser are hereby designated Voting Delegate and Alternate Voting Delegate, respectively, and H. B. Ewert, City Manager, or his designee, is hereby designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to forward an attested copy of this resolution to VML and to complete and mail to VML any forms required to be used by VML to set forth the designations included in this resolution. ATTEST: City Clerk APPRO.VED Mayor 352 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of August, 1982. No. 26204. A RESOLUTION expressing the appreciation of Council to Downtown Roanoke, Inc., for its Centennial gift to the City of Roanoke. WHEREAS, at the Council meeting of August 9, 1982, Downtown Roanoke, Inc., presented to the City, as the Centennial gift of Downtown Roanoke, Inc., a beautifully framed work of art by renowned local artist, Eric Fitzpatrick; WHEREAS, this full color caricature print is very professionally done in incredible detail and is a fitting tribute to the City in its Centennial Year; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council expresses its appreciation and thanks to Downtown Roanoke, Inc., for its lovely gift to the City of this first-off caricature print of the City which is framed and hand- signed by artist Eric Fitzpatrick. 2. The City Clerk is directed to forward an attested copy of this resolution to Paul C. Buford, Jr., President of Downtown Roanoke, Inc., and to Robert W. Hooper, Executive Director of Downtown Roanoke, Inc. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26189. AN ORDINANCE adding a new section, Section 24-102, Unlawful possession of paint, to Article IV, Parks, of Chapter 24, Public Buildinss and Property~ Generally, Code of the City of Roanoke (1979), as amended, making it unlawful to bring paint into any public park of the City, except with the permission of or at the direction of the City Manager. BE IT ORDAINED by the Council of the City of Roanoke that a new section, Section 24- 102, Unlawful possession of paint, is hereby added to Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, Code of the City of Roanoke (1979), as amended, to read and provide as follows: Section 24-102. Unlawful possession of paint. (a) It shall be unlawful for any person to bring any paint into any public park of the City in any type of container, including spray paint containers, except with the permission of or at the direction of the City Manager. (b) The term "paint," as used in this section shall mean any substance or mixture or substances, liquid, powder or paste, intended for use as a protective or decorative coating on such things as buildings, fences or structures. It shall not include artist colors. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26190. AN ORDINANCE providing for the extension of Downtown Associates' option to lease the Market Building. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite instrument providing for a thirty day extension, from August 20, 1982 through September 19, 1982, of the option, granted by the City to Downtown Associates by agreement dated July 31, 1980, to lease the Market Building. This instrument may contain any other .~erms and conditions relating to the City's contractual relationships with Downtown Associates as the City Manager may require and shall be in such form approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26191. AN ORDINANCE authorizing the City Manager to execute State-Local Hospitalization Plan Agreements with the State Department of Welfare and certain hospitals and the City Health Depart- ment to provide for in-patient and out-patient care and treatment for certain indigent citizens at certain rates. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, or his designee, is hereby authorized and designated for and on behalf of the City to execute State-Local Hospitalization Plan Agreements with the State Department of Welfare and the following hospitals and the City's Health Department at the follow- ing rates to provide for out-patient and in-patient care and treatment of indigent citizens of this City upon certain terms and conditions and upon forms approved by the City Attorney: Out-Patient In-Patient Community Gill Memorial Lewis-Gale Medical College of Virginia Roanoke Memorial University of Virginia Roanoke City Health Department 15.00 $ 208.34 15.00 $ 223.02 - 0 - $ 188.30 15.00 $ 270.76 15.00 $ 220.93 15.00 $ 270.76 15.oo - 0 - 2. The terms of such agreements shall commence retroactively as of July 1, 1982, and expire June 30, 1983; and 3. This ordinance shall be retroactive in its effect to July 1, 1982. APPROVED ATTEST: City Clerk Mayor 354 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26192. AN ORDINANCE providing for the grant to Appalachian Power Company of an easement for electrical facilities in Section 9, Gainsboro Community Development Program. BE IT ORDAINED by the Council of the City of Roanoke that the proper City OffiCials are authorized and directed, for and on behalf of the City, to execute and deliver an indenture, on such form approved by the City Attorney, to Appalachian Power Company, conveying to this company a right-of-way and easement to construct, erect, operate and maintain an underground line or lines for the purpose of transmitting electric power. The easement rights shall be non-exclusive and shall be located over public utility easements and streets as shown on the Revised Map of Section Nine Gainsboro Community Development Program, dated February 17, 1982, Roanoke City Map Book 1, page 307. The consideration for this grant shall be $1.00. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26205. AN ORDINANCE to amend and reordain certain sections of the 1982-83 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 1982-83 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 (1-2) ........................................... Deanwood Project (3-4) ............................................... $12,386,375.46 300,000.00 236,478.43 (1) Economic Development (2) Economic Development (3) Deanwood Project (4) Deanwood Project (A35668202201) (A35668102201) (A35668200950) (A35668101901) $195,000.00 105,000.00 (195,000.00) (105,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST~_~ ~ J': ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, vIRGINIA, The 7th day of September, 1982. No. 26206. AN ORDINANCE providing for assignment of certain option agreements to the City, exercise of such options by the City and consummation of transfer of the fee simple title to the real pro- perty to which such options apply to the City; .and providing for an emergency.' BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Mayor and the City Clerk are hereby authorized to execute and attest, respective- ly, such agreements as are necessary to effectuate assignment of the following described option agreements to the City: (a) An option, dated June 8, 1982, from Lynn Brae Farms, Inc., and Billy H. Branch to Charles R. Saul for approximately 70.64 acres; (b) An option from Colonial American National Bank, a national banking association, to Charles R. Saul, dated June 29, 1982, for approximately 40.07 acres; and (c) An option agreement from Babette Dalsheimer and Shale D. Stiller, Trustees, to Roanoke Valley Chamber of Commerce, dated August 5, 1982, for approximately 30 acres. 2. Upon assignment of the aforesaid option agreements to the City of Roanoke, the Mayor, on behalf of the City, is hereby authorized to take appropriate action to exercise such options, and, upon delivery to the City of a good and sufficient deed of conveyance with respect to each of the three optioned properties, granting and conveying to the City the fee simple title to the aforesaid optioned properties, free and clear of all encumbrances and containing general warranty and modern English covenants of title on behalf of the grantors, such deeds to be in form approved by the City Attorney, the proper City officials shall be and are hereby authorized to issue and deliver the purchase price required by each option agreement. 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26207. A RESOLUTION creating a Roanoke Valley War Memorial Special Account. WHEREAS, the Roanoke Valley War Memorial Committee, which was established by City Council on December 15, 1980, has completed its work; WHEREAS, the Committee has completed its work with a surplus of approximately $14,575.56 with an additional potential of $2,753.83 if a pending claim for postage refund is ultimately granted by the United States Postal Service; WHEREAS, in its fund-raising campaign, the Roanoke Valley War Memorial Committee indicated that any surplus would be turned over to the Roanoke Valley Veteran's Council for the beautification of Veteran's Park or for such other purposes as the Veteran's Council might determine; WHEREAS, it is the feeling of the Roanoke Valley Veteran's Council that $5,000.00 of the surplus should be turned over to the Veteran's Council for use for such purposes as the Council might determine and that the balance of approximately $9,575.56 (to be supplemented by any refund from the United States Postal Service and to be reduced by any unpaid bills.) should be paid to the Roanoke City Council to be held and invested in a Roanoke Valley War Memorial Special Account; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Director of Finance is directed to establish a Roanoke Valley War Memorial Special Account and to deposit in such account the amount turned over to him by the Roanoke Valley War Memorial Committee. 356 2. The Mayor is directed to appoint a Permanent War Memorial Committee to supervise and direct expenditures from such Special Account from time to time as certain circumstances may require, and such Committee shall consist of the Mayor or a member of City Council, the City Manager or his designee, one representative from the Roanoke Valley Veteran's Council and two citizens at large. 3. Such monies conta±ned ±n the Special Account shall not be used for normal maintenance cleaning and upkeep or for flowers or shrubbery, but shall be used for improvements or additions to the Memorial, replacement of flags and lights, unexpected repairs or replacements, unusual beautification projects, expenses associated with War Memorial programs and for other uses that such Committee may authorize. 4. The Roanoke Valley War Memorial Committee heretofore created by Council is hereby discharged with appreciation and gratitude extended to each member of such Committee for the extraordinary accomplishment of such Committee. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26208. A RESOLUTION supporting the application of Botetourt County for a Community Development Block Grant to fund the extension of the Glade Creek Sewer into Botetourt County. WHEREAS, Botetourt County is a party to the 1972 Sewage Treatment Contract~with the City which provides for the City to treat sewage originating in the natural drainage area of Tinker and Glade Creeks in Botetourt County; WHEREAS, Botetourt County has pending an application for Community Development Block grant funds to construct a sewer line along Glade Creek from the City's eastern corporate limits to Botetourt County; WHEREAS, support of such application by the City would promote regional cooperation and planning; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this resolutiQn as a means, of evidencing its support for the applicati¢ of Botetourt County for a Community Development Block Grant to fund construction of a sewer line along Glade Creek from the City's eastern corporate limits to Botetourt County. 2. The City Clerk is directed to forward an attested copy of this resolution to the Clerk of the Botetourt County Board of Supervisors. ATTEST: ~g~*L~.~_ City Clerk APPROVED Mayor 3= 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26209. AN ORDINANCE authorizing the appropriate City Officials to execute an indemnity agreement and other ancillary instruments with the Virginia Department of Highways and Transportation in connection with Entranceway Park; 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, and the City Clerk is~authorized to attest, an indemnity agreement with the Virginia Department of Highways and Transportation (VDH&T) indemnifying the latter from any and all liability, loss or damages which this agency may suffer as a result of claims, demands, costs or judgments against it arising out of the City's use for a park of VDH&T real estate on the west side of Williamson Road, between Ramps E and EE serving I-$81, Roanoke, Virginia. VDH&T is hereby request- ed to allow the City to use this land under a land use permit, as a part of Entranceway Park, and the appropriate City officials are authorized to accept and execute such a permit. This indemnity agreement may further provide that VDH&T may terminate any such land use permit at its discretion, will and pleasure and, in that event, the City would remove forthwith at the City's expense any and all facilities placed on this real estate. This agreement may contain any other terms and condi~ tions which the City Manager may require and shall be in such form approved by-the City Attorney. 2. The appropriate City officials are authorized to execute, deliver or accept, on behalf of the City, any instruments (1) necessary to provide for pedestrian access over the east side of Entranceway Park, from Williamson~Road and (2) necessary to effect the purposes of this ordinance, provided such instruments are in such 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of SePtember, 1982. No. 26211. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Fund Appropria- tion, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Fund Appropriation be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $10,924,367.14 Courts Facility (1) ................................................ 10,240,471.06 Fund Balance Unappropriated (2) ......................................... 2,184,598.03 (1) Appropriated from General Revenue (A08110190203) $56,304.00 (2) Fund Balance Unappropriated (X08937210) (56,304.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayo r 358 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26212. AN ORDINANCE awarding a contract for the furnishing of the new City Courthouse; rejecting other bids received for said furnishings; authorizing the Bid Committee to seek further bids on additional Courthouse furnishings; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Harris Office Furniture Co., Inc., of Roanoke, Virginia, to furnish, deliver and install in the new City Courthouse currently under construction various furnishings meeting all of the City's specifications and requirements made therefor, minus certain items the quantity and price of which are set out in detail in Attachment No. 2 to the report of the Bid Committee dated September 7, 1982, for the total amount of $362,244.92, be and said bid is hereby ACCEPTED. 2. The City Manager is hereby authorized and directed for and on behalf of the City of Roanoke to enter into and execute the requisite contract with Harris Office Furniture Co., Inc., such contract to have incorporated into it all of the terms, provisions and conditions contained in the City's specifications, for the furnishings and for the compensation set out above; such contract to be in such form as is approved by the City Attorney. 3. The other bids received for providing certain furnishings for the Courthouse are REJECTED, and the City Clerk is directed to notify each said bidder and to express to each the City's appreciation for said bids. 4. The Bid Committee is hereby authorized to seek bids on the additional furnishings required for the new Courthouse in addition to that provided for by this ordinance, and as identified in the Bid Committee's report of September 7, 1982, said Committee to receive such bids and to report to Council its recommendations as expeditiously as possible. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of September, 1982. No. 26210. AN ORDINANCE providing for the City's lease to the United States of America of real estate at Roanoke Municipal Airport, Woodrum Field, for a localizer antenna structure. BE IT ORDAINED by the Council of the City of Roanoke that its City Manager, H. B. Ewert, or the Assistant City Manager, W. Robert Herbert, is hereby authorized, for and on behalf of the City, to execute and deliver to the United States of America, Federal Aviation Administration, and the City Clerk is authorized to attest, Lease'No. FA05-82-L-60520, on such form as approved by the City Attorney. This instrument shall provide for the City's lease to the FAA of land near the end of Runway 15, for a localizer antenna structure and other facilities associated with this naviga- tional aid, for a term beginning April 30, 1982 and ending September 30, 1982, with the lessee's enjoying the right to renew this lease through September 30, 1986. The consideration for this grant shall be the benefit to the City resulting from the FAA's installation of these facilities. ATTEST: ~~ City Clerk APPROVED Mayor 35'9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of September, 1982. No. 26213. A RESOLUTION expressing appreciation to those local businesses which have contributed resources for neighborhood development and re vitalization in the City. WHEREAS, the City of Roanoke is a city of neighborhoods, and the future of the City lies in the future of its neighborhoods; WHEREAS, residents of neighborhoods throughout the City have joined together to improve their neighborhoods; WHEREAS, many local businesses have made significant contributions of resources for use in the task of neighborhood development and revitaliztion; WHEREAS, it is the desire of Council to express its appreciation to these local businesses as part of its celebration of Neighborhood Days, which.MaYOr Noel C. Taylor has proclaimed for the period of September 16, 17 and 18, 1982. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council expresses its appreciation to the following businesses which have made a significant contribution of resources for the process of neighborhood development and revitalization in the City: Adams Construction Company Contracting Enterprises, Inc. Allstate Insurance Company Fizer Funeral Home, Inc. Frank's TV Service Grandin Road Florist and Party Shoppe Hamlar-Curtis Funeral Home F. L. Hatcher & Son, Inc. Hawkins & Cox, Inc. Hodges Lumber Corporation Houck Advertising Interiors - The Virginia Galleries, Ltd. Hydraulic-Pneumatic Supply Corporation K. Sales, Inc. Kroger Store - Ninth Street Mastin, Kirkland, Bolling, Inc. Mr. G's Grocery Peoples Electronics Supply Co., Inc. Rent-Ails of Roanoke, Inc. Shenandoah Life Insurance Company Sears Roebuck & Company The Chances Are J. M. Turner & Company, Inc. Valley Vacuum Sales & Service, Inc. Dr. Fen'n Victor Webster Brick Co., Inc. Wheaton's Coin Operated Self Service Laundromat W. L. Wheaton Plumbing & Heating Woolco - Crossroads Mall 2. The City Clerk is directed to transmit attested copies of this resolution to each of the businesses listed above. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of September, 1982. No. 26217. A RESOLUTION declaring and designating certain areas within the City as rehabilitation districts. WHEREAS, Section 36-52.3, Code of Virginia (1950), as amended, empowers City Council to designate as rehabilitation districts portions of the City adjacent to areas having previously been designated as conservation districts pursuant to Section 36-49.1, Code of Virginia (1950), as amend- ed; WHEREAS, Section 36-52.3 requires that Council, prior to designating an area as a rehabili- tation district, first determine that the area is deteriorating and, if not rehabilitated, is likely to deteriorate to a condition similar to that which existed in the adjacent conservation district; WHEREAS, once an area has been designated as a rehabilitation district, the City of Roanoke Redevelopment and Housing Authority is empOWered to encourage and assist property owners or occupants within the district to improve their holdings by suggesting improved standards for design, construc- tion, maintenance, renovation and use of such properties and by offering encouragement or assistance in other ways, including the powers to lend money and make grants to said owners or occupants, directed toward prevention and elimination of deteriorating conditions within such district; WHEREAS, in executing the powers enumerated above, the Authority will have all of the rights, powers and immunities, save for the power to acquire property through the exercise of the power of eminent domain, as it will have in connection with any of its redevelopment projects; WHEREAS, in a report to Council dated September 13, 1982, the City Manager has identified and described four areas within the City as being appropriate for designation as rehabilitation districts, those being the Morningside, Fallon Park, Loudon Avenue and Melrose neighborhoods; WHEREAS, as required by Sections 36-19.1 and 36-19.2, Code of Virginia (1950), as amended, comprehensive plans for the rehabilitation of the Morningside, Fallon Park and Loudon Avenue and Melrose neighborhoods have been submitted to Council for its approval; WHEREAS, this Council specifically desires to authorize the City of Roanoke Redevelopment and Housing Authority to extend its tax-exempt mortgage loan program currently financed by a note issued pursuant to a certain Note Purchase and Trust Agreement dated December 1, 1981, between the Authority and First & Merchants National Bank and The First National Exchange Bank of Virginia, into the Morningside, Fallon Park, Loudon Avenue and Melrose neighborhoods; and WHEREAS, the Commissioners of the City of Roanoke Redevelopment and Housing Authority and the City's Planning Commission have concurred in the proposal to create the aforementioned rehabili- tation districts, the matter has been publicly advertised, leaders of the affected neighborhoods have been notified, and Council has conducted a public hearing on the matter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council finds that the Morningside, Fallon Park, Loudon Avenue~and Melrose neighbor- hoods, as identified and described in the City Manager's report of September 13, 1982, are adjacent to duly designated conservation areas and are deteriorating and, if not rehabilitated, are likely to. deteriorate to a condition similar to that which existed in the adjacent conservation districts. 2. The Morningside, Fallon Park, Loudon Avenue and Melrose neighborhoods, as identified and described in the City Manager's report of September 13, 1982, are declared and designated as rehabilitation districts pursuant to Section 36-52.3, Code of Virginia (1950), as amended. 3. The Comprehensive Rehabilitation Plans for the Morningside, Fallon Park, Loudon Avenue and Melrose rehabilitation districts are approved. 4. The City of Roanoke Redevelopment and Housing Authority is authorized to extend its mortgage loan program, as described above, into the Morningside, Fallon Park, Loudon Avenue and Melrose rehabilitation districts. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of September, 1982. No. 26218. A RESOLUTION authorizing the implementation of a Critical Home Repair Program in certain areas of the City. BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke Redevelop- ment and Housing Authority is authorized to implement a critical home repair Program as set out and described in a report of the City Manager dated September 13, 1982, using a sum of up to $360,000 in Community Development Block Grant funds previously appropriated by Council, such funds to be made available only in those designated conservation areas of the City identified as Priority One in the Program for a period of four months, and thereafter such funds may also be made available in those rehabilitation areas of the City identified as Priority Two of the said Program. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of September, 1982. No. 26219. A RESOLUTION accepting a'grant or grants form the United States of America and Commonwealth of Virginia for the extnesion of Runway 23 at Roanoke Municipal Airport, Woodrum Field, authorizing the proper City officials to execute the City's acceptance of the aforesaid grant agreements and collateral documents and indicating the City's intent to commit certain local funds toward this project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager, H. B. Ewert, or the Assistant City Manager, W. Robert Herbert, is hereby authorized to execute, for and on behalf of the City, and the City Clerk, Mary F. Parker, or the Deputy City Clerk, Judith M. St. Clair, is authorized to attest, a grant contract or contracts with the United States of America, Federal Aviation Administration (FAA) for Phase II, and, if necessary, for Phases III and IV, of the project, currently numbered 6-51-0045-13, to construct a 900-foot extension to Runway 23 at Roanoke Municipal Airport, Woodrum Field. The above City offi- cials are further authorized and directed to accept, execute and deliver any and all grant contracts from the Commonwealth of Virginia, made in connection with the runway extension and any and all collateral documents necessary to secure or effect these federal or state grant contracts. Ail of the above grant contracts may contain such terms and conditions required by the City Manager, including those "Special Conditions" applicable to FAA grants, and shall be in such form as approved by the City Attorney. 2. This Council hereby commits the City to fund its local share of Phase II (and, if necessary, Phases III and IV) of the runway extension project from the 1982 undesignated fund balance, up to a maximum of $1,650,000.00. APPROVED ATTEST: ~~.._ City Clerk Mayor 362 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of September, 1982. No. 26220. A RESOLUTION relating to the relocation or adjustment of utility facilities in connection with the City's Hershberger Road Project designated as Highway Project 0101-128-108, RW 201, C-503. WHEREAS, the Virginia Department of Highways and Transportation proposed to construct or otherwise improve a section of Hershberger Road, designated as Highway Project 0101-128-108, RW 201, C-503. WHEREAS, the City is responsible for making arrangements for the adjustment and/or reloca- tion of existing utilities and for the installation of any new utility facilities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said City certifies that all arrangements have been made or will be made for the relocation and/or adjustment of all existing utility facilities and for the installation of any new utility facilities in connection with the construction of the aforementioned Highway Project; that in the event of any justifiable claims from the road contractor for delays or interference caused by adjustment and/or relocation of said utilities, the City of Roanoke hereby agrees to be responsible for said claims, provided the City is advised in writing by the Highway Department at the time of the delay that the road contractor intends to file a claim; and that the utilities hereinabove referred to are identified as follows: UTILITY OWNER TYPE OF FACILITY City of Roanoke Water, Sewer and Fire Alarms Roanoke Gas Company Gas The Chesapeake & Potomac Telephone Company of Virginia Communication Appalachian Power Company Electric power BE IT FURTHER RESOLVED that attested copies hereof be transmitted through the proper channels of communication by the City Manager to the Commonwealth of Virginia, Department of High- ways and Transportation. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of September, 1982. No. 26221. A RESOLUTION directing that the City Attorney institute and conduct suits or actions to collect delinquent nuisance abatement accounts and taxes and assessments, as appropriate, or other claims with respect to certain real estate and the owners thereof. BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney is authorized and directed to institute and conduct suits or legal actions to collect delinquent accounts represent- ing the City's cost for demolishing or boarding up unsafe buildings and any delinquent taxes and assessments, as appropriate, or other claims, against the owners of record of, and with respect to, the following described real estate lying in the City of Roanoke, Virginia: Lois Helen Alls Barker Part, Lot 6, Block 4, West End- River View Map, 121-17-03 Leigh Bartin Part, Lots 9 and 8, Block 7, Mountain View Map, 122-10-02 Frank G. Blount Part, Lots 20 and 21, Block 6, Roanoke Land and In'vestment Company, 402-22-20 Theresa Dawkins Lot 13, Block 9, Rogers, Fairfax and Houston, 201-15-23 John Ross Garrett Lot 8, Block 13, Belmont Land Map, Drema S. Garrett 412-01-08 ATTEST: T. Weldon Hale Rebecca Y. Hale Eugene McCadden Lula D. McCadden Tom B. McCarthy City Clerk Lot 32, Block 8, Official Survey Northwest No. 1, 201-29-20 Lot 2, Block 5, R. J. Wright Map, 121-12-14 Lot 38, Block 4, Waverly Place, 401-16-20. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of September, 1982. No. 26222. AN ORDINANCE accepting the bid of National Pools of Roanoke, Inc., for the installation of gunite on the walls of the Crystal Spring Reservoir and for certain other work, upon certain terms and conditions, 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 such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of National Pools of Roanoke, Inc., made to the City in the amount of $43,850.00 for the installation of gunite on the walls of the Crystal Spring Reservoir and for certain other work at the Reservoir, 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, such work to be completed in fortynine (49) consecutive calendar days, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with National Pools of Roanoke, 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. 3. Ail 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 emer- gency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of September, 1982. No. 26223. 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 Los Angeles, California, on December 1, 1982, Mayor Noel C. Taylor and Council Member Elizabeth T. Bowles 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 on or before October 8, 1982. ATTEST: APPROVED 364 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1982. No. 26214. AN ORDINANCE amending Section 36-97, Uses and structures permitted as special exceptions, of Division 4, RG-1 and RG-2 General Residential Districts, of Article III, District Regulations, of Chapter 36, Zoning, Code of the City of Roanoke (1979), as amended. BE IT ORDAINED by the Council of the City of Roanoke that Section 36-97, Uses and struc- tures permitted as special exceptions, of Division 4, RG-1 and RG-2 General Residential Districts, of Article III, District Regulations, of Chapter 36, Zoning, Code of the City of Roanoke (1979), as amended, be amended by the addition of a new subsection (7) as follows: Section 36-97. Uses and structures permitted as special exceptions. (7) Nonprofit institutional.uses, for the purpose of providing for the temporary sleeping, dining, recreational and laundry needs of families of individuals receiving treatment in hospitals, provided: (a) The use is conducted within a completely enclosed building, not more than 900 feet from a hospital located in the City. (b) Not more than two paid employees are employed. (c) The use is situated on a parcel of land containing a mini- mum of three thousand (3,000) square feet of lot area for each temporary living unit within the use. (d) The use is situated on a parcel of land containing an area of at least sixty thousand (60,000) square feet. (e) No new construction activity shall be involved which requires the demolition of any existing residential dwellings on the parcel. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1982. No. 26215. AN ORDINANCE permanently vacating, discontinuing and closing a portion of Lone Oak Avenue, N. E., in the City of Roanoke, Virginia as is more particularly described hereinafter. WHEREAS, Wilson Trucking Corporation, has heretofore filed its application to the Council of the City of Roanoke, Virginia~ in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described avenue, which is more particularly described hereinafter; and WHEREAS, Wilson Trucking Corporation did, on June 29, 1982, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of its application to the Council by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance) and at the Market House (Campbell Avenue entrance) all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to Council; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on August 4, 1982, reported to Council and recommended that the hereinafter described avenue be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on September 13, 1982, at 7:30 p.m., after due and timely notice thereof by publica- tion in The Roanoke Times and World News, 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 Wilson .Trucking Corporation owns all the land adjacent to the hereinafter described avenue, thereby obviating~the requirement of notice to affected land owners; and 365 WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public for permanently vacating, discontinuing, and closing said avenue, as requested by Wilson Trucking Corporation, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain avenue situate in the City of Roanoke, Virginia and more particularly described as follows: That portion of Lone Oak Avenue, N. E. consisting of approximately 204 feet, and bounded on the east by the property of Wilson Trucking Corporation~ on the north by Lot, Section 9, Oakland Survey, on the west by Colgate Street, N. E.,.and on the so~th by Lots 22, throUgh 25, Section 5, Oakland Survey. Attached hereto is a plat showing the portion of Lone Oak Avenue, N. E., proposed to be vacated, captioned "'0.2341 acre to be vacated." 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 it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Rbanoke an easement for sewer lines and water mains and other public utilities that may now be located in or adross said avenue, together with the right of ingress or egress for~the maintenance of such lines, mains or utilities; such easement or easements~to terminate upon the later abandonment of use or permanent removal from the above described avenue of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and his is, directed to mark "permanently vacated" on said avenue on all maps and plats on file in his office on which said avenue is shown, referring to the book and page of ordinance 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, VirgiDia, 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 Wilson Trucking Corporation and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of September, 1982. No. 26216. AN ORDINANCE adding a new Section 318 to the Code of the City of Roanoke (1979) as amended, to provide in the City's subdivision regulations for a method of altering the boundary' lines of existing lots and parcels. BE IT ORDAINED by the Council of the City of Roanoke that a new Section 318, Lot or parcel boundary line relocation, adjustment or alteration, be added to Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows: Section 31-8. Lot or parcel boundary line relocation, adjustment or alteration. The boundary lines of any existing lot or parcel may be relocated, adjusted or otherwise altered as a part of an~otherwise valid and properly recorded plat of subdivision approved in conformity with the requirements of this chapter, and executed by the owner or owners of such land as provided in"Section 15.1- 477, Code of Virginia (1950), as amended, and Section 31-31(f) of this chapter, provided such action does not involve the relocation or alteration of any street, alley, easement for public passage, or any other public areas. No easements or utility rightsofway shall be relocated or altered without the express written consent of all persons holding any interest therein. APPROVED ATTEST: City Clerk Mayor 366 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1982. No. 26224. AN ORDINANCE amending and reordaining Section 20-28, Tax imposed, of the Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (b) and the redesignation of present subsection (b) as subsection (c), such new subsection to provide that no annual license tax shall be imposed on one motor vehicle of certain former prisoners of wa.r; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-28, Tax imposed, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new subsection (b) and the redesignation of present subsection (b) as subsection (c), the amended and reordained subsections to read as follows: Section 20-28. Tax imposed. (b) Notwithstanding the provisions of subsection (a) above, upon receipt of an application on a form prescribed by the Commissioner of Revenue and re- ceipt of written evidence from one of the Armed Forces that an applicant for the annual motor vehicle licnese was a prisoner of war and was honorably dis- charged, if not currently a member of the Armed Forces, the annual motor vehicle license shall be issued with no fee being assessed. Issuance of such free license shall be limited to passenger vehicles and pickup or panel trucks as defined in Section 46.1-1, Code of Virginia (1950), as amended. No individual shall be issued a free license under this subsection for more than one v~hicle. Any person who is not a person described in this subsection 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). (c) The applicant for a license shall bear the burden of proof that the vehicle for which the license is sought is entitled by weight, design and use to be licensed at the tax tendered by the applicant to the Commissioner of Revenue. 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 September, 1982. No. 26225. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reQrdained, to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) $ 3,135,086.61 ABE/DIAL 1982-83 (1-8) .................................. 74,311.07 REVENUE Roanoke City School Grants (R354000) $ 3,135,086.61 ABE/DIAL 1982-83 (9) ................................... 55,796.07 (1) Head Teacher (A35471010030) $14,578.92 (2) Secretary (A35471010031) 7,414.00 (3) Teachers *~ (A35471010032) 20,412.50 (4) Aides (A35471010033) 7,357.84 (5) Fringes (A35471011070) 4,286.81 (6) Supplies (A35471030005) 1,500.00 (7) Telephones (A35471031005) 96.00 (8) Travel (A35471033005) 150.00 (9) Federal Grant Receipts (R35471021) 55,796.07 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 September, 1982. No. 26226. AN ORDINANCE approving the City Manager'~s issuance of a Change Order to the City's contract with R. E. Lee & Sons, Inc. for purchase and installation of Roanoke City Courts Facil- ity's signage; 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. 16 to the City's contract with R. E. Lee & Sons, Inc., such contract being authorized by Ordinance No. 25253, adopted October 27, 1980. performed: Change Order N°. 16 shall provide for the following changes in the work to be CONTRACT AMOUNT (including change orders issued to date) $ 8,756,239.92 Purchase and installation of signage for Courts Facility CONTRACT AMOUNT INCLUDING CHANGE ORDER ND. 16 Additional time resulting from Change Order No. 16. $ 14,771;00 $ 8~771~010.92 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 pas- sage. ATTEST: City Clerk APPROVED Mayor 368 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1982. No. 26227. A RESOLUTION authorizing the execution of contracts with the Fifth District Employment and Training Consortium for the employment and training of individuals through the Comprehensive Employment and Training Act On-the-Job Training Program. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Director of Human Resources are authorized and directed to execute, from time to time, for and on behalf of the City, contracts with the Fifth ~District Employment and Training Consortium (FDETC) providing for the employment by the City for training of qualified individuals, as deemed appropriate and necessary by the City Manager, through the Comprehensive Employment and Training Act (CETA) On- the-Job (OJT) Program, to include a contract with FDETC providing for the employment through the OJT Program of a Nursing Assistant at the City's Nursing Home as requested in a report from the City Manager to Council dated September 27, 1982, and containing the terms and conditions described therein, all such contracts to be in such form as is approved by the City Attorney. ATTE S T: City Clerk APPROVED Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1982. No. 26228. AN ORDINANCE providing fOr the acquisition of.certain real estate which may be affected by certain levels of noise from Roanoke Municipal Airport, Woodrum Field; fixing a certain limit of consideration to be offered by the City for all the parcels; and providing for an emergency. WHEREAS, the City needs to acquire certain parcels of real estate which may, according to an Environmental Impact Assessment Report done in connection with the planning for the exten- sion of Runway 23 to the northeast, be affected by certain levels of noise; WHEREAS, by ADAP Grant No. 6-51-0045-12, the United States has made available to the City certain funds for land acquisition; THEREFORE, BE IT ORDAINED by the CoUncil of the City of Roanoke that: 1. The City Manager is authorized, for and on behalf of the City, to acquire from the respective owners the real estate listed in Attachment A of the report of the City Manager, dated September 27, 1982, for such consideration as the. City Manager may deem appropriate, subject to the limitations set out below and subject to applicable statutes and regulations. 2. The City Manager may offer on behalf of the City to the owners of each of the aforesaid properties such' consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $562,500.00 without further authorization of this Council. 3. Upon 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 directe to pay the respec- tive considerations to the owner of the property conveyed, certified by the City Attorney to be entitled to the same. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA~ The 27th day of September, 1982. No. 26229. A RESOLUTION ratifying an emergency purchase of electrical repair service. WHEREAS, §41 of the City Charter authorizes the City Manager to cause emergency improve- ments and public works to be done by direct employment of the necessary labor and purchase of materials and supplies without previously advertising for or receiving bids therefor, and said section further requires the City Manager to report the facts and circumstances relating to such procurement to the Council at its next regular meeting; WHEREAS, by report dated September 27, 1982, the City Manager has advised of an emergency procurement of electrical repair services dictated by an electrical fire in the Municipal Building on September 16, 1982; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The emergency procurement of electrical services from Davis H. Elliot Company, Inc., of Roanoke, Virginia, without previously advertising for or receiving bids for such services, to make repairs to the electrical system of the Municipal Building required by an electrical fire in such Building on September 16, 1982, is hereby RATIFIED. 2. Upon appropriation of the requisite funds to the appropriate account, the Director of Finance is authorized and directed to make the requisite payment to Davis H. Elliot Company, Inc. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1982. No. 26230. A RESOLUTION establishing the location of certain regular meetings of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that the regular meetings of Council listed below shall be held at the locations indicated: Date November 1, 1982 December 6, 1982 February 7, 1983 May 2, 1983 Such meetings will be held at 7:30 p.m. ATTEST: City Clerk Location Monterey Elementary School Gymtorium Fallon Park Elementary School Gymtorium Patrick Henry High School Auditorium William Fleming H~gh School Auditorium APPROVED Mayor 370 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1982. No. 26231. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Community Development Block Grant $12,391,455.77 C.D.B.G. (B-81-MC-51-O020) (1-3) ................... ~... 2,873,767.75 C.D.B.G. (B-78-MC-51-0020) (4) ..... .................... 2~033,931.38 REVENUE Community Development Block Grant $12,391,455.77 Community Development (5)~ ............................. 11,239,080.31 (1) Excess Parking Lot Income (A35668100402) (2) Unprogrammed CDBG - Rehabilitation Loans (A35668100415) (3) Unprogrammed CDBG - Nonsettlement (A35668i00416) (4) C.D.B.G. '78 (A35667800706) (5) Community Development (R35666601) $(26~255.63) (20,632.00) (1,296.00) 5,080.31 5,080.31 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 September, 1982. No. 26232. A RESOLUTION expressing appreciation to the Town of vinton for its Centennial gift. WHEREAS, the City of Roanoke, Virginia is during1982 celebrating the 100th anniversary of its founding; WHEREAS, the citizens of the Town of Vinton, Virginia, in recognition of this celebration, have given to the City a painting by the Vinton artist Norris Coleman of the Crystal Spring pUmping Station; WHEREAS, this gesture illustrates both the historical riches of this City which is the focus of the Centennial celebration and the generosity and friendliness of Vinton toward this City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This 'Council~i on behalf of all of the citizens of the City of Roanoke, heartfully extends its thanks to the citizens of ~the Town of Vinton for the attractive and skillfully done painting entitled Crystal Spring Pump by the Vinton artist Norris Coleman, for Vinton's support of ! Roanoke s 'Centennial celebration and for the generosity and friendliness of its citizens to this City. 2. The City Clerk shall forward an attested copy of this resolution tp the Clerk of the Vinton Town Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1982. No. 26233. A RESOLUTION expressing appreciation to the Roanoke Centennial Committee for securing the designation of a star in the Ursa Minor Constellation to the City of Roanoke. WHEREAS, the City of Roanoke is engaged in the celebration of its Centennial year; WHEREAS, the Roanoke Centennial Committee has been instrumental in arranging and coordinat- ing the many joyous, festive ~nd memorable events which have been so successfully'orchestrated to commemorate the Centennial year; WHEREAS, the Roanoke Centennial Committee has secured through the International'Star Registry the designation of one of the stars in the Ursa Minor Constellation to the City of Roanoke; WHEREAS, such designation is most fitting and proper for the Star City of the South. THEREFORE, BE IT RESOLVED by the Council of the City ~of Roanoke that: 1. The Council expresses and extends its appreciation to the Roanoke Centennial Committee for designation of a heavenly counterpart to the City of Roanoke in the Ursa Minor Constellation. 2. The City Clerk is directed to transmit attested copies of this resolution to John R. Turbyfill, President, Roanoke Centennial Committee. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY ~OF ROANOKE, VIRGINIA, The 27th day of September, 1982. No. 26234. A RESOLUTION establishing a permanent War Memorial Committee to supervise and direct expenditures from the Roanoke Valley War Memorial Special Account and recognizing the Mayor's initial appointments to such Committee. WHEREAS, by Resolution No~ 26207, adopted September 7, 1982, the Council authorized and directed the Director of Finance tO establish a Roanoke Valley War. Memorial Special Account with certain private funds provided by the Roanoke Valley War Memorial Committee, such funds to retain their character as non-City funds and to be expended only upon approval of the War Memorial Committee appointed by the Mayor; THEREFORE, BE IT RESOLVEDby the Council of the City of Roanoke as follows: 1. A permanent War Memorial Committee to supervise and direct expenditures from the Roanoke Valley War Memorial Special Account, authorized by Resolution No. 26207, dated September 7, 1982, and funded with non-City monies provided.by the former RQanoke Valley War Memorial Committee, is hereby established. 2. The Mayor's initial appointment of the fol!owing persons to.the War Memorial Committee is hereby recognized: Howard E. Musser, Vice-Mayor; H. B. Ewert, City Manager; Thomas R. Plymale, Roanoke Valley Veteran's Council; Dorothy L. Gibboney; and William B. Bagbey. APPROVED ATTEST: City Clerk Mayor 372 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1982. No. 26235. A RESOLUTION in support and recognition of the provision of American flags to the City of Roanoke by a certain trust fund operating and known as the "Steve Brody Memorial Flag Fund". WHEREAS, a Trust has been created under the will of the late Isadore Steve Brody, a well known local philanthropist and patriot, which trust is operating and known as the "Steve Brody Memorial Flag Fund"; WHEREAS, the City of Roanoke has a continuing need for American flags to be flown over its new public buildings and facilities; and WHEREAS, the City of Roanoke would benefit greatly by receiving flags from the Steve Brody Memorial Flag Fund which would foster patriotism throughout the Cityand save monies which might otherwise be allocated toward the purchase of new flags; WHEREAS, B'nai Brith, Trustee of such Fund, has indicated its desire that the first gift from such Fund should be an American flag to be flown over the new Roanoke City Courthouse; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of evidencing its support for the Steve Brody Memorial Flag Fund and of expressing its gratitude to B'nai Brith, Trustee of the Fund. 2. The City Attorney shall prepare any agreements between B'nai Brith, Trustee of the Fund, and the City as are appropriate to formalize the relationship between the City and the Trustee, and the City Manager is authorized to execute such agreements for and on behalf of the City. 3. The City accepts the gracious offer of the Steve Brody Memorial Flag Fund of an American flag to be raised and flown over the new Roanoke City Courthouse. 4. The City Clerk is directed to forward an attested copy of this resolution to the President of B'nai Brith with the appreciation of Council on behalf of the citizens of the City of Roanoke for this public-Spirited gift. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1982. No. 26236. AN ORDINANCE to amend and reordain certain sections of the 1982-83 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Roanoke City School Grants E.S.E.A. Title I Winter 82-1 (1-19) E.C.I.A. Chapter I Carryover 124-82-3 (20-26) E.C.I.A. Chapter I Winter 82-83 (27-48) $3,905,762.54 (5,274.41) 237,516.94 826,472.00 REVENUE Roanoke City School Grants E.S.E.A. Title I (49) · E.C.I.A. Chapter I Carryover 124-82-3 (50) E.C.I.A. Chapter I Winter 82-83 (51) 3,905,762.54 734,803.06 237,516.94 826,472.00 REVENUE CONT ' D. (1) Administrative Salaries (2) Instructional Salaries (3) Aide Salaries (4) Clerical Aide Salaries (5) Nurse Salaries (6) Instructional In-Service (7) Medical In-Service (8) Fringe Benefits (9) Testing (10) Evaluation & Dissemination (11) Administrative Supplies (12) Instructional Supplies (13) Medical Supplies (14) Parent Involvement (15) Clothing (16) Administrative Travel (17) Instructional Travel (18) Nurses' Travel (19) Indirect Costs (20) Administrative Salaries (21) Instructional Salaries (22) Aide Salaries (23) Guidance Salaries (24) Clerical Salaries (25) Health Salaries (26) Indirect Costs (27) Administrative Salaries (28) Instructional Salaries (29) Aide Salaries (30) Guidance Salaries (31) Clerical Salaries (32) Health Salaries (33) Instructional In-Service (34) Guidance In-Service (35) Medical In-Service (36) Fringe Benefits (37) Testing (38) Evaluation & Dissemination (39) Administrative Supplies (40) Instructional Supplies (41) Medical Supplies (42) Parent Involvement (43) Clothing (44) Administrative Travel (45) Instructional Travel (46) Guidance Travel (47) Medical Travel (48) Indirect Costs (49) Federal Grant Receipts (50) Federal Grant Receipts (51) Federal Grant Receipts (A35410410030) (18,154.03) (A35410410031) (115,949.31) (A35410410032) (65,320.51) (A35410410033) (3,264.68) (A35410410034) (10,387.50) (A35410410040) (1,985.34) (A35410410041) ( 32.07) (A35410411070) (8,863.64) (A35410420040) (1,539.97) (A35410420041) ( 505.80) (A35410430005) ( 84.70) (A35410430070) (3,729.02) (A35410430071) ( 211.08) (A35410430072) ( 563.15) (A35410433005) ( 248.15) (A35410433005) ( 199.28) (A35410433030) (1,092.98) (A35410433031) 133.93 (A35410435040) (5,519.22) (A35410510030) 8,221.98 (A35410510031) 117,584.88 (A35410510032) 73,236.60 (A35410510033) 15,458.00 (A35410510034) 2,402.32 (A35410510035) 14,504.00 (A35410535040) 6,109.16 (A35410610030) 49,332.00 (A35410610031) 256,632.00 (A35410610032) 174,122.00 (A35410610033) 38,645.00 (A35410610034) 14,414.00 (A35410610035) 36,260.00 (A35410610040) 2,000.00 (A35410610041) 100.00 (A35410610042) 300.00 (A35410611070) 210,309.00 (A35410620040) 3,800.00 (A35410620041) 2,500.00 (A35410630005) 200.00 (A35410630070) 5,400.00 (A35410630071) 3,600.00 (A35410630072) 800.00 (A35410630073) 800.00 (A35410633005) 1,800.00 (A35410633030) 2,200.00 (A35410633031) 400.00 (A35410633032) 1,600.00 (A35410635040) 21,258.00 (R35410421) (237,516.50) (R35410521) 237,516.94 (R35410621) 826,472.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 373 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1982. No. 26237 ' AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Fund 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 1982-83 Capital Fund Appropriations be, and the same are hereby, amended and reordained, ~ to read as follows, in part: APPROPRIATIONS Mass Transit Facilities $1,522,200.90 Intermodal Transportation Center (1) ...................... 734,963.00 REVENUE Due From State Government Intermodal Transportation Terminal (2) .................... 798,116.53 565,043.53 (1) Appropriated From Capital Grant (2) Intermodal Trans- portation Terminal (A08190190202) (X08113201) $199,161.00 199,161.00 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 4th day of October, 1982. No. 26239. AN ORDINANCE amending and reordaining Section 7-13, Adopted; where copies filed, Section 7-50, Qualification of plumbers, and subsection (a) of §7-71, Inspection of existing installations; correction of defects, and repealing Section 7-110, Term; renewal, of the Code of the City of Roanoke (1979), as amended, to incorporate the new Uniform Statewide Building Code as the Building Code of the City of Roanoke, to delete the requirement of annual issuance of a certificate of qualification for plumbers and electricians and to provide that the electrical inspector may reinspect electrical wiring and devices; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 7-13, Adopted; where copies filed, Section 7-50, Qualification of plumbers, and subsection (a) of Section 7-71, Inspection of existing installations; correction of defects, of the Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: Section 7-13. Adopted; where copies filed. The provisions, requirements and regulations contained in that certain building code known as the Uniform Statewide Building Code of Virginia, which is comprised of the BOCA Basic Building Code/1981, the BOCA Basic Plumbing Code/1981, the BOCA Basic Mechanical Code/1981, the One and Two Family Dwelling Code/1979 Edition and 1980 Supplement, the NFiPA National Electrical Code/1981, and the Virginia Administrative Amendments/1981, adopted by the Virginia Board of Housing and Community Development on March 15, 1982, as the same from time to time heretofore or hereafter may be amended by the State Board of Housing and Community Development, are hereby adopted by the City and are incorporated herein by reference as fully as if set out at length herein and the same shall be controlling in the construction, reconstruction, alteration, repair, conversion or demolition of buildings and other structures contained within the corporate limits of the City. Such code shall be referred to hereinafter as the building code. Copies of such code shall be kept on file in the Office of the City Manager and in the Office of the City Clerk. Section 7-50. Qualification of plumbers. Whoever proposes to enter the plumbing business or offers plumbing services in the city shall have passed an examination given by the City Manager or have had issued to him a certificate of qualification, which has not expired by limitation. Any person who is required to possess a plumber's certificate of qualification shall make application therefor to the City Manager. The fees charged each applicant for examination shall be as prescribed by the City Council. No person shall engage in plumbing business or offer plumbing services in this city, unless he has a current certificate of qualification issued in accordance with this chapter. Section 7-71. Inspection of existing installations; correction of defects. (a) The electrical inspector may, from time to time, make a reins- pection of the installation, in and about buildings, of all electric wiring, electric devices and electrical material now installed or that may hereafter be installed, within the city, and when the installation of any such wiring, devices or material is found to be in a dangerous or unsafe condition, the person owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, devices and material in a safe condition and have such work completed within fifteen (15) days, or any longer period specified by the electrical inspector in such notice. The electri- cal inspector is hereby empowered to disconnect or order the discon- tinuance of electrical service to such wiring, devices or material so found to be defectively installed until the installation of such wiring, devices or material has been made safe as directed by the electrical inspector. 2. Section 7-110, Term; renewal, is hereby REPEALED. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1982. No. 26240. taxes. A RESOLUTION opposing elimination or limitation of the meals and transient occupancy WHEREAS, a General Assembly joint subcommittee has been appointed to study local meals and transient occupancy taxation; and WHEREAS, these taxes help spread the burden of taxation more equitably among the citizens of a locality; and WHEREAS, the State of Virginia has placed limitations on all other local taxes except real and personal property, including local sales taxes, BPOL taxes and consumer utility taxes; and WHEREAS, the City of Roanoke has adopted a transient occupancy tax, and the loss of this tax revenue would require an increase' in real estate taxes of approximately two and one- half cents for all home owners and businessmen, and the City may need the meals tax in the future; WHEREAS, the meals and transient occupancy taxes are the only practical and equitable means of placing some of the financial burden for services required by non-residents on non- residents; and WHEREAS, the State has adopted mandates for services, procedures, and standards in the areas of education, welfare, public safety and finance without providing adequate funding; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council opposes any changes in State law which would restrict the existing right of localities to impose meals or transient occupancy taxes; and 2. The City Clerk is directed to transmit a copy of this Resolution to the City's representatives in the General Assembly, to the members of the joint subcommittee studying local taxation of meals and transient occupancy taxes and to the Virginia Municipal League. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1982. No. 26241. AN ORDINANCE amending and reordaining Section 2-171, Daily deposits required, of the Code of the City of Roanoke (1979), as amended, to provide that such section shall have no application to the Treasurer in his collection of water and sewer utility charges; amending and reordaining Section 2-180, Payment of certain utility charges and taxes at local banks, to substitute the City Treasurer for the Office of Billings and Collections as the party having responsibility for the collection of water and sewage utility charges on behalf of the City, deleting the requirement that a bank serving as collecting agent retain a certain amount from each bill collected as its collection fee and providing for payment of banks serving as collecting agents on a monthly basis; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Sections 2-171, Daily deposits required, and 2-180, Payment of certain utility charges and taxes at local banks, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows: Section 2-171. Daily deposits required. The city treasurer shall, each day, deposit intact, without any deduction whatsoever, the total amount collected or received by him during the previous day, and all deposits of city funds made by the city treasurer shall be made in the name and for the account of the city; provided, however, this section shall not apply to the treasurer in his collection of water and sewer utility charges and fees due to the City. Section 2-180. Payment of certain utility charges and taxes at local banks. (a) Regular customers of the water department may pay the periodic charges made and billed such customers by the city for water and sewage treatment and disposal services and for taxes imposed on water and sewer charges at either the office of the city treasurer or at such local banks as have entered into written agreements with the city to perform such collection services for the City. (b) The director of finance is hereby authorized, on behalf of the city, to enter into written agreements with such local banks as, in his discretion, are willing and capable of performing such services. Such agreements shall be upon a form approved by the city attorney, and shall provide, inter alia, that, in accepting such payment from water customers, no less than the whole amount shown due on any billing made by the city to such customer shall be accepted by such bank; that, at the end of each business day, such bank shall total all collections made during the day and remit the total amount collected to the city treasurer; and that such bank shall, on the same day or on the business day next following, transmit to the city treasurer that portion or stub of each individual water customer's bill or statement on the basis of which such collection was made. Such local banks as have entered into written agreements with the city to perform collection services for the city shall bill the city for such services on a monthly basis and shall be reimbursed on a monthly basis. 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 ATTES T: ~~_~_~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1982. No. 26243. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General and Airport 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 1982-83 General and Airport Funds Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND APPROPRIATIONS Non-Departmental $15,606,941.00 Transfer to Airport Fund (1) .......................... 1,149,993.00 AIRPORT FUND APPROPRIATIONS AIP Project No. 3-51-0045-01 (2) ........................... 7,699,643.00 REVENUE Due From State Government $ 243,411.11 AIP Project No. 3-51-0045-01 (3) ...................... 80,362.00 Due From Federal Government 9,993,262.21 AIP Project No. 3-51-0045-01 (4) ...................... 6,469,288.00 Contributed Capital (5) ...................... · .............. 21,148,021.13 (1) Transfer to Airport Fund (2) Runway Improvements (3) AlP Project No. 3-51-0045-01 (4) AIP Project No. 3-51-0045-01 (5) Contributed Capital (A01931037004) (A04511091901) (X04113111) (X04113211) (X04932501) $1,149,993.00 7,699,643.00 80,362.00 6,469,288.00 7,699,643.00 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 October, 1982. No. 26244. AN ORDINANCE accepting the bid of Wiley N. Jackson Company for construction of Runway 23 Extension Phase II, including Alternate 4, Roanoke Municipal Airport Woodrum Field, upon certain terms and conditions, 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 as follows: 1. The bid of Wiley N. Jackson Company made to the City in the amount of $6,492,993.24 for construction of Runway 23 Extension Phase II, including Alternate 4, Roanoke Municipal Airport, Woodrum Field, 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 authoriz- ed on behalf of the City to execute and attest, respectively, the requisite contract with Wiley N. Jackson Company 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. 37 8 3. Ail other bids made to the City for the aforesaid work be and they are hereby REJECTED,~ the City Clerk is directed to notify each such bidder and to express to each the City's appre- ciation 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of October, 1982. No. 26245. A RESOLUTION expressing appreciation to the First & Merchants National Bank for its Centennial gift to the City. WHEREAS, the City of Roanoke, Virginia, is celebrating the 100th anniversary of its founding; WHEREAS, the First & Merchants National Bank, Roanoke, Virginia, in recognition of the City's Centennial, has given to the City a video recording of the Centennial documentary, "Name It Roanoke," produced by Blue Ridge Public Television, WBRA-TV, which premiered September 26, 1982; WHEREAS, by this gesture the First & Merchants National Bank has both helped preserve the historical riches of the City which are the focus of the Centennial celebration, and has typified the positive human spirit which insures that, in Roanoke, "the voices and dreams will go on." THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council, on behalf of the citizens of the City of Roanoke, heartfully extends its thanks and appreciation to the First & Merchants National Bank for presenting to the City a video recording of the Centennial documentary, "Name It Roanoke." 2. The City Clerk is directed to forward an attested copy of this resolution to Douglas Cruickshanks, Jr., Senior Vice-President, First & Merchants National Bank. ATTEST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1982. No. 26238. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a deed of easement to the Appalachian Power Company. 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, an indenture conveying to Appalachian Power Company a right-of-way and easement to construct, erect, operate and maintain electric power lines, said right-of-way being in the vicinity of and on property known as Huff Lane Elementary School, the location of said easement being shown on print of Appalachian Power Company's Drawing No. R-1587, dated March 31, 1982, a copy of which is on file in the Office of the City Clerk, for the nominal consideration of $1.00. The form of such indenture shall be approved by the City Attorney. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth daY of October, 1982. No. 26242. AN ORDINANCE providing for the granting of an option to Roanoke Fashions Company to purchase the former JefferSon High School Annex, under certain terms and conditions. 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, and the City Clerk is authorized to attest, a contract, granting to Roanoke Fashions Company an option to purchase from the City for $60,000.00, during six months from the effective date hereof, the former Jefferson High School Annex property, Official Tax No. 1113304, Roanoke, Virginia. In addition to any provisions the City Manager may require, the option shall provide that the sale shall be contingent (1) on Roanoke Fashions' having the property rezoned within the option period from a C-4 to LM district and (2) on the City's vacation on its own petition of the following public rights-of-way: (a) that part of Church Avenue, S. W., extending approximately 200 feet west of Sixth Street, S. W.; (b) the alley 110 feet north of and parallel to Marshall Avenue, between Sixth and Seventh Streets, S. W.; and (c) the alley 180 feet west of and parallel to Sixth Street, S. W., between Church Avenue and the latter alley. These contingencies shall not be construed as a commitment on the part of the City, or any employee or officer thereof, including City Council, to effect the rezoning or street and alley vacations. The option contract will be prepared by Roanoke Fashions and be in such form approved by the City Attorney's Office. The appropriate City officials are further authorized to consummate the sale, should Roanoke Fashions exercise the option. 2. The proper City officials are hereby authorized to commence proceedings to vacate the above-described public rights-of-way and to assist in the transfer of title to, in the case of the first mentioned public right-of-way, Calvary Baptist Church; in the case of the second, to Roanoke Fashions, Kazim Temple and Roanoke Scottish Rite Bodies, in a manner that may be agreed upon by these parties; and in the case of the third right-of-way, to Roanoke Fashions. Should the public rights-of-way be vacated, the City shall retain any and all necessary storm drainage and public utility easements with respect to the former rights-of-way. APPROVED ATTEST: City Clerk Mayor 380 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1982. No. 26246. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to r~ad as,follows, in part: APPROPRIATIONS General Government ..................................... $ 3,062,131.00 Municipal Auditing (1-3) .......................... 196,164.00 Non-Departmental ....................................... 14,473,728.00 Contingencies (4) ................................. 167,663.00 (1) Salaries and Wages (A01124010002) $ 18,000.00 (2) Office Supplies (A01124030005) 500.00 (3) Travel and Education (A01124033005) 1,500.00 (4) Contingencies (A01941032006) (20,000.00) City Clerk APPROVED Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1982. No. 26248. AN ORDINANCE amending and reordaining the definition of "average final compensation" as set forth in Section 22-14, Definitions, and Section 22-35.1, Retirement abe, of the Code of the City of Roanoke (1979), as amended, the amended sections authorizing retirement credit for salary adjustments of an employee between the ages of sixty-five and seventy; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The definition of "average final compensation" as set forth in Section 22-14, Definition~ and Section 22-35.1, Retirement abe, of the Code of the City of Roanoke (1979), as amended, are amended and reordained to read as follows: Section 22-14. Definitions. Average final compensation shall mean the annual earnable compensation of a member during his twelve (12) consecutive months of creditable service yielding the highest such average prior to reaching the age of sixty- five (65) years; provided, however, when a member continues service after reaching the age of sixty-five (65), "average final compensation" shall mean the annual earnings of such member during his twelve (12) consecutive months of service yielding the highest such average. Section 22-35.1. Retirement age. Notwithstanding any other provisions of this Code, no otherwise able member who has not attained the age of seventy (70) years shall be compelled to retire because of his age. When a member elects to continue service as an employee after attaining the age of sixty-five (65) years, he shall be entitled to no creditable service for any service rendered after attaining the age of sixty-five (65). Such member serving beyond the age of sixty-five (65) years shall also not be entitled to an ordinary disability retirement allowance or an accidental disability retirement allowance; however, should such member become disabled after attaining the age of sixty-five (65) years, such member shall be entitled to retire on a service retirement allowance. The foregoing provisions of this section shall have no application to a constitutional officer elected by the people who may continue in office until requesting retirement in accordance with S22-51(b) of this chapter. Such constitutional officer shall be entitled to creditable service for all membership service plus prior service, regardless of age, and, in case of disability, such officer's age shall be no bar to any ordinary or accidental disability retirement allowance, provided, such officer otherwise qualifies. In no case shall any service allowance be paid or any retirement contribution otherwise due be refunded, until a member has actually retired from service as an employee. 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 llth day of October, 1982. No. 26249. A RESOLUTION authorizing and directing the City Manager to enter into a written amendment to a certain Cooperation Agreement by and between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority. WHEREAS, pursuant to Resolution No. 24903, adopted November 12, 1979, the City Manager entered into and executed a Cooperation Agreement with the City of Roanoke Redevelopment and Housing Authority (RRHA) relating to the rehabilitation of seventy-seven (77) units of low-rent housing in the City funded by the Department of Housing and Urban Development (HUD); and WHEREAS, the Board of Commissioners of the RRHA has requested that subparagraph 8(c) of the aforesaid Cooperation Agreement be amended by the substitution of an amended Exhibit A provid- ing for an adjustment in the allocation by census tracts of the number of housing units to be rehabilitated, and the City Manager has recommended to Council that this amendment be approved. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk be and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a written amendment to the Cooperation Agreement by and between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority, relating to the rehabilitation of seventy-seven (77) units of low-rent housing in the City, amend- ing the present subparagraph 8(c) of the said Agreement by the substitution of an amended Exhibit A; such amendment to be in such form as is approved by the City Attorney. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1982. No. 26250. A RESOLUTION establishing a LongTerm Care Coordination Committee for the Impaired Elderly, enumerating the objectives, duties and responsibilities of such Committee, providing for its membership, and providing for other organizational matters. WHEREAS, it is the policy of the Commonwealth to support the development of community- based resources to avoid inappropriate institutionalization of the impaired elderly, and to provide approriate long-term care sekvices necessary to deter institutionalization; and WHEREAS, the General Assembly has recently enacted legislation, Section 2.1-373.4 et seq., Code of Virginia (1950), as amended, requiring City Council to establish a long-term care coordina- tion committee to guide the coordination and administration of public long-term care services to the impaired elderly in the City, and to perform certain other specified functions; and WHEREAS, the City presently has a Human Resources Steering Committee (formerly the Local Option Steering Committee) charged with performing many of the functions of the recently required long-term care coordination committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. There is hereby established a Long-Term Care Coordination Committee for the Impaired Elderly for the City of Roanoke, which shall have the objective of coordinating the provision of local long-term care services for the aging. The long-term care services to be coordinated include such services as socialization services, health care services, nutrition services, daily living services and supportive services. These terms are defined as follows: me "Socialization services" includes telephone reassurance, friendly visiting and congregate meals. b. "Health care services" includes home health care and community medical care. Ce "Nutrition services" includes home-delivered meals, food stamps and congregate meals. "Daily living services" includes homemaker, companion, personal care and chore services, home repair, weatherization and adult day care. "Supportive services" includes adult protective services, mental health and mental retardation services, counseling services and legal aid. 2. The duties and responsibilities of the Long-Term Care Coordination Committee for the Impaired Elderly shall be as follows: me Guide the coordination and administration of public long-term care services in the City of Roanoke. Prepare, prior to March 1, 1983, for approval by City Council and submission to the State Long-Term Care Council a plan including a design to attain a goal of providing a coordinated range of services within the continuum of long-term care for the aging, and assuring the cost-effective utilization of all funds available for long term care services in the City. Ce Encourage cooperation and coordination between public agencies and the private sector to encourage the development of community-based long-term care services. Gather data about the recipients of long-term care services for submission to the State LongCare Council, and cooperate and participate with regional agencies in the studies being made for such Council. Me Perform any other duties assigned it by City Council or required to be performed by it by State law. 3. The membership of the Long-Term Care Coordination Committee for the Impaired Elderly shall be made up of members of the City's Human Resources Steering Committee, and shall constitute a subcommittee of the Steering Committee. The membership of the LongTerm Care Coordination Committee for the Impaired Elderly shall be comprised of, but not limited to, the members of the City's Human Resources Steering Committee who represent the local department of public health, the local department of social services, the community services board or community mental health clinic, the area agency on aging and the local nursing home pre-admission screening team. 4. The members of the Long-Term Care Coordination Committee for the Impaired Elderly shall serve at the pleasure of City Council and shall be appointed in the manner set out in Section 2-281, Code of the City of Roanoke (1979), as amended. The members of the Committee shall be: Dr. E. J. Clarke, Jr., Department of Health Corinne B. Gott, Social Services Department Dr. Fred P. Roessel, Jr., Mental Health Services Richard Young, League of Older Americans Raleigh Campbell, Roanoke Valley Council of Community Services and such other members as City Council may from time to time appoint. 5. The chairmanship of the Committee shall rotate annually among its membership, with the chairman being the representative of the local agency corresponding to the State agency whose representative is then chairman of the State Long-Term Care Council, as follows: State aaencies Correspondin8 local agencies Department of Health Department of Social Services Department of Mental Health and Mental Retardation Department for the Visually Handicapped Office on Aging Virginia Center on Aging Department of Health Department of Social Services Mental Health Services Department of Social Services League of Older Americans League of Older Americans. Since the Director of the Virginia Office on Aging has been designated in Section 2.1-373.5, Code of Virginia (1950), as amended, as the initial chairman of the State Long-Term Care Council, the initial chairman of the City's Committee shall be Mr. Richard Young of the League of Older Americans. 6. Pursuant to Section 2.1-373.7, Code of Virginia (1950), as amended, Council hereby designates as the lead agency to accomplish the duties and responsibilities of the City's Committee that agency which is represented by the current chairman, as determined in the manner set forth above. 7. The Committee shall meet as called by its chairman. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1982. No. 26251. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with WKR Incorporated for architectural and engineering services identified as the EDA rehabilitation components of the Transportation Station/Mini Mall; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to execute, for and on behalf of the City, and the City Clerk is authorized to attest, upon such form as approved by the City Attorney, Change Order No. 1 to the City's contract with VVKR Incorporated, dated August 10, 1981, such contract being authorized by Ordinance No. 25716, adopted August 10, 1981. 2. Change Order No. 1 shall provide for an increase in the fees for professional services rendered of $23,700.00, which increase is attributable to services rendered in connection with a change of the project scope and a rebidding of the contract for the construction of the project. 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 llth day of October, 1982. No. 26252. AN ORDINANCE accepting the proposal of Charles Lunsford Sons and Associates, Inc., to provide automobile liability insurance for the City's licensed vehicles for a one year term; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The proposal of Charles Lunsford Sons and Associates, Inc., made to the City to provide automobile liability insurance for the City's licensed vehicles for a term of one year commencing October 13, 1982, with the insurance carrier being Great American Insurance Company. and the terms of such policy providing for combined single limit coverage in the amount of $500,000.00 and no deductible, for the total annual premium of $73,456.00, which proposal is on file in the Office of the Manager of General Services, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order for the required insurance coverage, incorporating into said purchase order the City's specifications, the terms of the said successful vendor's proposal and the terms and provisions of this ordinance. 3. The Director of Finance is hereby authorized and directed to make requisite payment to the successful vendor for the required premium, not to exceed the sum hereinabove set out, such funds having been heretofore appropriated for this purpose. 384 4. The other proposals presented to the City for the needed insurance coverage are hereby REJECTED, and the City Clerk is directed to the notify such vendors and to express to them 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. ATTEST: City Clerk APPROVED Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1982. No. 26253. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke,. an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Sewage Treatment Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay $1,339,746.57 Lick Run Sanitary Sewer Interceptor (1) ......................... 210,951.12 New Glade Creek Interceptor (2) ................................. 30,813~61 Ore Branch Upper Segment (3) .................................... 13,742.42 (1) Lick Run Sanitary Sewer Interceptor (2) New Glade Creek Interceptor (3) Ore Branch Upper Segment .(A03511092101) (A03511091101) (A03511091501) $ 210,951.12 (105,475.56) (105,475.56) 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 llth day of October, 1982. No. 26254. A RESOLUTION ratifying the award of a contract for the emergency repair of the Lick Run Sanitary Sewer Interceptor. WHEREAS, Section 41 of the City Charter authorizes the City Manager to cause emergency improvements and public works to be done by direct employment of the necessary labor and purchase of materials and supplies without previously advertising or receiving bids therefor and, this section further requires the City Manager to report the facts and circumstances relating to such procurement to the Council at its next regular meeting; WHEREAS, by report dated October 11, 1982, the City Manager has advised of the award of a contract for the emergency repair of the Lick Run Sanitary Sewer Interceptor in the vicinity of the north approach to the Hunter Memorial Viaduct. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The award of a contract to Aaron J.-Conner General Contractors, Inc., without previously advertising or formally receiving bids for such services, to make emergency repairs to the sanitary sewer interceptor in the vicinity of the north approach to the Hunter Memorial Viaduct, is hereby RATIFIED. 2. Upon appropriation of the requisite funds to the appropriate account, the Director of Finance is authorized and directed to make requisite payment to Aaron J. Conner General Contractor~ Inc. ATT ES T: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1982. No. 26255. AN ORDINANCE accepting certain bids made to the City for providing police uniforms and accessories; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bids of Kay Uniform Company in the amount of $15,206.79, Stinnette Uniform Sales in the amount of $942.00, Tidewater Police and Sportsman Supply in the amount of $579.38, and Southern Police Equipment Company in the amount .of $249.20 to provide the police uniforms and accessories more particularly described in the report of the City Manager, dated October 11, 1982, and the attachments thereto, such bids being in full accord with the City's specification therefor, are hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for such uniforms and accessories, such purchase orders to be made and filed in accordance with the City's specifications, the vendors' bids made therefor and in accordance with this ordinance. 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 such 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 pas- sage. APPROVED ATTEST: / ~ City Clerk Mayo r 3'86 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1982. No. 26256. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the 'usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS City Clerk (1) ........................................................... $ Citizen's Request (2) .................................................... Director of Finance (3) .................................................. Office of Billings & Collections (4) ..................................... Commissioner of Revenue (5) .............................................. Treasurer (6) ............................................................ Real Estate Valuation (7) ................................................ Director of Administration & Public Safety (8) ........................... Personnel Management (9) ................................................. Electoral Board (10) ..................................................... Clerk of Circuit Court (11) .............................................. Sheriff (12) ............................................................. Commonwealth's Attorney (13) ............................................. Police - Investigation (14) .............................................. 126,808.00 45,828.00 441,058.00 403,182.00 326,166.00 298,060.00 366,896.00 57,030.00 215,739.00 84,895.00 396,097.00 555,881.00 268,630.00 992,145.00 Police - Patrol (15) ..................................................... 3,276,182.00 Police - Services (16) ................................................... 569,190.00 Fire - Prevention (17) ................................................... 151,191.00 Fire - Suppression (18) .................................................. 4,426,921.00 Jail (19) ................................................................ 1,524,184.00 Juvenile Detention Home (20) ............................................. 346,330.00 Crisis Intervention Center (21) .......................................... 181,729.00 Signals and Alarms (22) .................................................. 394,932.00 Refuse Collection (23) ................................................... 1,824,813.00 Food Stamp Authorization (24) ............................................ 310,572.00 Social Services - Income Maintenance (25) ................................ 2,465,532.00 Social Servcies - Services (26) .......................................... 3,090,840.00 Libraries (27) .................................................. ' ......... 904,376.00 Community Planning (28) .................................................. 138,770.00 Community Education (29) ................................................. 12,206.00 City Information Systems (30) ............................................ 1,111,638.00 Public Works - General Services (31) ..................................... 58,999.00 Materials Control (32) ................................................... 451,060.00 Communications (33) ...................................................... 564,986.00 Street Maintenance (34) .................................................. 2,525,756.00 Utility Line Services (35) ............................................... 1,498,761.00 Custodial Services (36) .................................................. 589,084.00 Grounds Maintenance (37) ................................................. 792,121.00 Motor Vehicle Maintenance (38) ........................................... 851,285.00 Personnel Lapse (39 & 40) ....... ... ........................................ 337,246.00 REVENUE Grants-in-Aid Commonwealth Commissioner of Revenue (42) ........................................ Treasurer (43) ...................................................... Sheriff (44) ........................................................ Commonwealth's Attorney (45) ........................................ Jail (46) ........................................................... Food Stamp Authorization (47) ....................................... Public Assistance (48) .............................................. 4,917,182.00 (41) .......................................... 31,082,597.00 150,582.00 193,909.00 581,574.00 227,300.00 1,511,180.00 278,108.00 (1) Salaries & Wages (A01111010002) $(1,000.00) (2) Salaries & Wages (A01121310002) 48.00 (3) Salaries & Wages (A01123110002) (12,500.00) (4) Salaries & Wages (A01123210002) ( 400.00) (5) Salaries & Wages (A01123310002) (4,000.00) (6) Salaries & Wages (A01123410002) 19,108.00 (7) Salaries & Wages (A01123510002) (1,500.00) (8) Salaries & Wages (A01126010002) 1,601.00 (9) Salaries & Wages (A01126110002) (5,000.00) (10) Salaries & Wages (A01131010002) 206.00 (11) Salaries & Wages (A01211110002) (1,500.00) (12) Salaries & Wages (A01214010002) (14,000.00) (13) Salaries & Wages (A01221010002) (1,000.00) (14) Salaries & Wages (A01311210002) (25,000.00) (15) Salaries & Wages (A01311310002) 5,000.00 (16) Salaries & Wages (A01311410002) (1,500.00) (17) Salaries & Wages (A01321210002) (4,000.00) (18) Salaries & Wages (A01321310002) (20,000.00) (19) Salaries & Wages (A01331010002) ( 500.00) (20) Salaries & Wages (A01332010002) 68.00 REVENUE CONT'D. (21) Salaries & Wages (22) Salaries & Wages (23) Salaries & Wages (24) Salaries & Wages (25) Salaries & Wages (26) Salaries & Wages (27) Salaries & Wages (28) Salaries & Wages (29) Salaries & Wages (30) Salaries & Wages (31) Salaries & Wages (32) Salaries & Wages (33) Salaries & Wages (34) Salaries & Wages (35) Salaries & Wages (36) Salaries & Wages (37) Salaries & Wages (38) Salaries & Wages (39) Personnel Lapse (40) Personnel Lapse (41) Commissioner of Revenue (42) Treasurer (43) Sheriff (44) Commonwealth's Attorney (45) City Jail (46) Food Stamp Authorization (47) Public Assistance (A01336010002) (A01416010002) (A01421010002) (A01531210002) (A01531310002) (A01531410002) (A01731010002) (A01811010002) (A01817010002) (A06160110002) (A06161110002) (A06161310002) (A06161910002) (A06262110002) (A06262510002) (A06263210002) (A06263510002) (A06264110002) (A01941010025) (A06941010025) (R01061015) (R01061020) (R01061010) (R01061005) (R01063007) (R01061510) (R01061505) 201.00 ( 900.00) ( 7,000.00) (2,OOO.OO) (15,000.00) ( 5,000.00) (20,000.00) (3,000.00) (2,400.00) 6,000.00 478.00 ( 700.00) (2,000.00) (19,000.00) (20,000.00) (8,100.00) (12,ooo.oo) (12,000.00) 95,422.00 67,322.00 (2~000.00) 9,554.00 (14,000.00) (1,ooo.oo) 500.00 (1,600.00) (16,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk MayOr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1982. No. 26257. AN ORDINANCE accepting the bid of Central Atlantic Contractors, Inc. for certain runway repairs at Roanoke Municipal Airport (Woodrum Field); authorizing the proper City officials to execute the requisite contract; rejecting another bid received for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Central Atlantic Contractors, Inc., of Aberdeen, Maryland, for runway crack sealing of Runways 5/23 and 15/33, Roanoke Municipal Airport (Woodrum Field), in accordance with the City's plans and specifications, for the amount of $37,323.00 is hereby ACCEPTED. 2. The City Manager or Assistant 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, the requisite contract with said firm, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for said work; said contract to be upon form approved by the City Attorney. 3. The other bid made to the City for such work is hereby REJECTED, and the City Clerk is directed to notify the other bidder and to express the City's appreciation for said 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 llth day of October, 1982. No. 26258. AN ORDINANCE accepting the bid of L. H. Sawyer Paving Company for performing curb, gutter and related work on Melcher Street, S. E.; authorizing the proper City officials to execute the requisite contract; rejecting other bids made for said work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of L. H. Sawyer Paving Company to perform curb, gutter and related work on Melcher Street, S. E., in accordance with the City's plans and specifications therefor, be ACCEPTED at the unit prices set forth in the City Manager's report dated October 11, 1982, the total amount of such contract to be $40,647.50. 2. The City Manager or Assistant 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, the requisite contract with L. H. Sawyer Paving Company, the same to incorporate'the terms and conditions of this ordinance, said bidder's proposal and the City's plans and specifications made for such work; said contract to be upon form approved by the City Attorney. 3. Ail other bids made to the City for performing such work are hereby REJECTED, and the City Clerk is directed to notify all said other bidders 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 llth day of October, 1982. No. 26259. A RESOLUTION reappointing two directors of the Industrial Development Authority of the City of Roanoke, Virginia to fill four-year terms of office 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, 1982; WHEREAS, Section 15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body on such board of directors shall, after initial appointment, be made for terms of four years on such board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Robert W. Woody and W. Bolling Izard, be and are reappointed 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, 1982 and expiring October 20, 1986, to fill vacancies created by the expiration of the term of office of said members on said board occurring on October 20, 1982. kTTEST: ~~ City Clerk APPROVED Mayor IN yHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1982. No. 26247. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 179, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions proffered by the petitioner. WHEREAS, application has been made to the Council of the City of Roanoke to have Lots 42, 43 and 44, Section 4, according to the Map of Winona Addition, located on the northerly side of Colonial Avenue, and extending 150 feet west from the westerly side of 23rd Street, S. W., designated on Roanoke City Appraisal Map as Official Tax Nos. 1270542, 1270543 and 1270544, be rezoned from RD, Duplex Residential District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner; and WHEREAS, the City Planning Commission has recommended that the hereinafter-described land not be rezoned from RD, Duplex Residential District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of ROanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the llth day of October, 1982, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of the opinion that the hereinafter-described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other,.viz: Property located on the northerly side of Colonial Avenue and extending 150 feet west from the westerly side of 23rd Street, S. W., described as Lots 42, 43 and 44, Section 4, according to the Map of Winona Addition, and designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1270542, 1270543 and 1270544, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Commercial District, subject to the conditions proffered by the petitioner, as set out in the petition to rezone the said property, and that Sheet No. 127 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1982. No. 26260. A RESOLUTION designating Saturday, October 30, 1982, as the official date for the 1982 observance of Halloween in the City. WHEREAS, Halloween, the evening preceding Ail Saints Day, occurs, according to the calendar, on the evening of Sunday, October 31, this year, and this Council is desirous of designating the evening of Saturday, October 30, 1982, as the official date for the observance of Halloween in this City; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Saturday, October 30, 1982, between the hours of 5:30 p.m. and 8:30 p.m., is hereby designated as the official date and time for the 1982 observance of Halloween in the City of Roanoke. APPROVED ATTEST: City Clerk Mayor 390 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1982. No. 26261. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant'Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) $3,966,627.55 Transitional Services 82-83 (1-4) ....................... 5,069.00 REVENUE Roanoke City School Grants (R34000) $3,966,627.55 Transitional Services 82-83 (5) ........................ 5,069.00 (1) Consultant Fees (A35452320010) $2,800.00 (2) Conference Expenses (A35452320011) 769.00 (3) Transportation of Participants (A35452320012) 500.00 (4) Instructional Supplies (A35452330030) 1,000.00 (5) Federal Grant Receipts (R35452321) 5,069.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTES T: ~6~'L"~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1982. No. 26262. AN ORDINANCE authorizing the execution of the appropriate instruments to amend EPA Grant C510266 for the construction of the Lick Run and Tinker Creek Interceptors and the Orange Avenue Sanitary Sewer Diversion Interceptor and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. H.B. Ewert, City Manager, or W. Robert Herbert, Assistant City Manager, is hereby authorized to execute, for and on behalf of the City, and Mary F. Parker, City Clerk, or Judith M. St. Clair, Deputy City Clerk, is authorized to attest the requisite instrument or instruments to amend EPA Grant C510266, funding the construction of the Lick Run and Tinker Creek Interceptors and the Orange Avenue Sanitary Sewer Diversion Interceptor. This amendment shall increase EPA participation in the funding to 55% of eligible costs, resulting in a final, additional payment of $210,570.00 due from EPA to the City, with respect to this grant. 2. In order to provide for the usual daily operation of the municipal government, an emergenc~ 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 October, 1982. No. 26263. A RESOLUTION authorizing an agreement to be entered into with Franklin County relating to the use of the City's Outreach Detention Program. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized and directed to extend to the proper authorities of Franklin County the City's offer to enter into a written agreement with such jurisdiction, in a form acceptable to the City Attorney, for the City to accept, detain and board~at the Roanoke Juvenile Detention Home, provided space therein is available, juveniles brought from Franklin County pursuant to arrangements described in a report of the City Manager dated October 26, 1982, on proper and legal detention order. Such agreement shall further provide, among other things, that Franklin County shall pay to the City for each day each child is detained an amount equal to the local per diem cost of operating the Outreach Detention Program for the prior fiscal year, which amount is currently $4.68 per day per child, but said amount to be adjusted and changed on the first day of January, 1983, and each and every year thereafter during the time such agreement remains in effect to the amount of the local per diem cost of operating the program for the past fiscal year, and such agreement shall be terminable by either party upon ten (10) days written notice to. the other. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1982. No. 26265. AN ORDINANCE providing for the purchase of a four-wheel drive 9-passenger vehicle for use by the City, upon certain terms and conditions,, by accepting a certain bid made to the City for furnish ing and delivering such equipment; rejecting certain 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 Dickerson GMC, Inc., made to the City offering to furnish and deliver to the City one (1) new four-wheel drive, 9-passenger vehicle at a cost of $10,970.29, less any applicable credit, 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 vehicle 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. APPROVED ATTEST: City Clerk Mayor 392 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1982. No. 26266. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 14-23, Bulk item collection, by providing that the City will, upon request from the owner or occupant of a dwelling unit, remove and collect household furniture and major household appliances and establishing the requirements to obtain such service; 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: Section 14-23. Bulk item collection. (a) As used in this section, the term "bulk item" shall mean household furniture and major household appliances such as refrigerators, washers, dryers, stoves, or water heaters. (b) Upon request, the City will schedule and provide collection of bulk items from the owner or occupant of any dwelling unit. It shall be the duty of such owner or occupant to place bulk items as close as possible to the curb, and if there is no curb, as close as possible to the street. Such placement shall be made no earlier than 6:00 p.m., of the day preceding and no later than 7:00 a.m., of the day scheduled for collection. No collection will be made from alleyways. (c) It shall be the duty of every owner or occupant utilizing the bulk item collection service of the City to take adequate precautions to secure any bulk item in such a manner as to insure the safety of the public. 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 ATTES/'-~ ~ ~' T: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1982. No. 26267. A RESOLUTION expressing the concurrence of the Council in an inducement resolution issued by the Industrial Development Authority of the County of Henrico, Virginia. WHEREAS, the Industrial Development Authority of the County of Henrico, Virginia (the Authority), on April 16, 1981, adopted an inducement resolution (the Resolution) for the benefit ~f Virginia Hospital Association, a nonprofit association (the Association), wherein the Authority ~as agreed to assist the Association in financing the acquisition of medical equipment for lease Or sale to nonprofit community and state hospitals in Virginia through the issuance of its revenue bonds, and this Council has reviewed a copy of such resolution; WHEREAS, on April 28, 1982, the Authority issued its $25,000,000 Medical Equipment [evenue Bonds (Virginia Hospital Equipment Financing Program), First Series (the Bonds) to carry ~ut such equipment acquisition program; WHEREAS, $15.1-1378 of the Code of Virginia (1950), as amended, effective July 1, 1981, ;tates that an industrial development authority may not finance facilities in another jurisdiction :hat has an industrial development authority "unless the governing body of such county, city or :own in which the facilities are located or are proposed to be located, concurs with the inducement ~esolution adopted by the authority, and shows such concurrence in a duly adopted resolution;" WHEREAS, this Council has been asked to express its concurrence in such resolution so :hat equipment financed with proceeds of the Bonds may be leased or sold to hospitals located in :he City of Roanoke, Virginia; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia, has ~onsidered this.matter and has unanimously recommended to this Council that it approve this ~equest, and this Council is desirous of granting its approval to the financing of such equipment; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council concurs with the inducement resolution adopted by the Authority on April 16, 1981, for the benefit of Virginia Hospital Association, to the extent required by Section 15.1-1378, to allow the Authority to finance with the proceeds of the Bonds equipment described in such resolution that is to be located in the City of Roanoke, Virginia. 2. The City Clerk is directed to forward an attested copy of this resolution to Jack C. Smith, Chairman of the Industrial Development Authority of theCity of Roanoke, Virginia, and to W. R. Reid, Administrator of Community Hospital of Roanoke Valley. 3. This resolution shall take effect immediately. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1982. No. 26268. AN ORDINANCE accepting a bid for furnishing rock 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 888 tons of rock salt to the City in the total amount of $32,980.32, 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 rock salt, said purchase orders to be made and filed in accordance with the City's specifications, the bidder's proposal made therefor and in accordance with this ordinance. 3. The other bids made to the City for the supply of rock 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 said bids; and 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 394 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1982. No. 26264. AN ORDINANCE authorizing execution of a deed of release, releasing the City's interests in a certain sanitary sewer easement heretofore granted to the City of Roanoke, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are hereby authorized for and on behalf of the City of Roanoke to execute and deliver to the grantee a deed of release, releasing the City's interest in a sanitary sewer easement shown on Plan No. 5281-A on file in the Office of the City Engineer, which easement was conveyed to the City of Roanoke by Camille A. Karim and Ellen Karim, his wife, and James L. Meador, by deed of easement dated September 10, 1971, of record in the Clerk's Office of the Circuit Court of the City of Roanoke, in Deed Book 1299, at page 527. The grantee of such deed of release shall be James G. Phillips and Neva A. Phillips, who are succesors in interest to Camille A. Karim and Ellen Karim, his wife, and James L. Meador. Said deed of release shall be upon form approved by the City Attorney. · ATTEST:~'~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1982. No. 26269. AN ORDINANCE amending Section 17-17, Code of the City of Roanoke (1979), as amended, relating to membership on the Advisory Board of Human Resources. BE IT ORDAINED by the Council of the City of Roanoke that Section 17-17, Code of the City of Roanoke (1979), as amended, be amended and reordained to read and provide as follows: Section 17-17. Members to serve without compensation. Members of the Board shall serve without compensation. APPROVED ATTEST:~__~ ~ ~' ~~ City Clerk Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1982. No. 26270. AN ORDINANCE to amend and reordain certain sections of the 1982-83 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 1982-83 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND APPROPRIATIONS Education (A016000) ................................................. $35,830,714.99 Other Instructional Costs (1) .................................. 21,014,284.00 Transfers (2) .................................................. 7,000.00 GRANT FUND APP ROP RIAT IONS Roanoke City School Grants (A354000) ................................ 4,090,270.59 E.C.I.A. Chapter II 82-83 (3-7) ................................ 188,112.04 Artist-in-Education 82-83 (8-10) ............................... 10,600.00 REVENUE Roanoke City School Grants (R354000) ................................ 4,090,270.59 E.C.I.A. Chapter II 82-83 (11) ................................. 188,112.04 Artist-in-Education 82-83 (12-13) .............................. 10,600.00 (1) Instructional Supplies - Art (2) Grant Fund - Local Match (3) Counselors (4) Fringe Benefits (5) Contracted Services (6) Indirect Costs (7) Equipment (8) Contracted Services (9) Supplies (10) Documentation (11) Federal Grant Receipts (12) Federal Grant Receipts (13) Local Match (A01610330227) (A01631037035) (A35421010030) (A35421011070) (A35421020010) (A35421035040) (A35421090105) (A35480420010) (A35480430030) (A35480430031) (R35421021) (R35480431) (R35480431) $(7,000.00) 7,000.00 151,681.00 26,242.74 1,769.86 4,838.44 3,580.00 8,900.00 1,500.00 200.00 188,112.04 3,600.00 7,000.00 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 1st day of November, 1982. No. 27271. A RESOLUTION waiving the standard rental fee for use of a City facility. WHEREAS, by Resolution No. 24982, dated January 28, 1980, this Council established a policy with respect to waiver of rental fees for use of City facilities and property by certain organizations. WHEREAS, the applicant organization has represented that it is an organization qualify ing for waiver of rental fees pursuant to the provisions of Paragraph 2 of Resolution No. 24982. 3 t: 6 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Roanoke Valley Chamber of Commerce shall be authorized use of Victory Stadium, with waiver of the standard rental fee on November 7, 1982. 2. The applicant organization shall comply with all the terms and conditions of Resolution No. 24982, dated January 28, 1980. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1982. No. 26272. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Juvenile Probation House (1) ............................... Crisis Intervention Center (2 & 3) ......................... Juvenile Detention Home (4) ................................ $12,562,883.45 160,582.00 183,172.45 349,689.00 REVENUE Grants-in-Aid Commonwealth Juvenile Probation House (5) ............................... Crisis Intervention Center (6) ............................. Juvenile Detention Home (7) ................................ $31,038,255.45 126,707.00 148,460.45 312,949.00 (1) (2) Expendable Tools & Equipment (A01335030035) Expendable Tools & Equipment (A01336030035) 694.45 (3) Other Equipment (A01336090020) 749.00 (4) Other Equipment (A01332090020) 3,359.00 (5) Juvenile Probation House (R01063015) 1,948.00 (6) Crisis Intervention Center (R01063035) 1,443.45 (7) Juvenile Detention Home (R01063025) 3,359.00 $1,948.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1982. No. 26273. A RESOLUTION providing for free transient parking in the Municipal Parking Garage during certain hours. BE IT RESOLVED by the Council of the City of Roanoke that free transient parking shall be permitted in the Municipal Parking Garage, 121 Church Avenue, S. W., in this City, from 5:00 p.m. to 9:00 p.m., Monday through Friday, and from 7:00 a.m. to 9:00 p.m. on each Saturday. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1982. No. 26274. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Police Patrol (1) .............................................. Contingency Reserve (2) ............................................. $12,719,333.00 3,439,382.00 374,292.00 (1) Vehicular Equipment (2) Capital Reserve (A01311390010) $ 163,200.00 (A01941090001) (163,200.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST:F_~ ~ ~ ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1982. No. 26276. AN ORDINANCE to amend and reordain certain sections of the 1982-83 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 1982-83 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: 398 GENERAL FUND APPROPRIATIONS Non-Departmental Transfers to Capital Projects Fund (1) ........................... General Fund Contingency Reserve (2) ............................. $15,667,694.00 (10,695.00) 324,708.00 CAPITAL PROJECTS FUND APPROPRIATIONS Mass Transit Facilities $ 1,537,400.00 Mini Mall (3) .................................................... 780,700.00 (1) Transfer to Capital Projects Fund (2) Contingency Reserve (3) Appropriated from General Revenues (A01931037008) (A01941032006) (A08190190303) $ 15,200.00 (15,200.00) 15,200.00 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 8th day of November, 1982. No. 26277. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Civic Center Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay $305,429.18 Property Acquisition (1) ................................... 39,476.62 Retained Earning - Appropriated (2) ............................. 645,444.13 (1) Property Acquisition (2) Retained Earnings Appropriated (A05511090101) (X05937205) $38,500.00 38,500.00 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 8th day of November, 1982. No. 26278. AN ORDINANCE providing for the City's acquisition of real estate known as 510 Third Street, N. E., Roanoke, Virginia, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Kathleen V. Ross to sell and convey to the City all of Lot 20-B, Commonwealth Redevelopment Project VA 7-1, Official Tax No. 3014007, 510 Third Street, N. E., Roanoke, Virginia, for $37,500 cash, is hereby ACCEPTED. 2. Upon delivery to the City of a good and sufficient deed of conveyance, granting and conveying to the City all of the fee simple title to the aforesaid land, free and clear of all encumbrances and material title objections, and containing general warranty and modern English covenants of title on behalf of Kathleen V. Ross, such deed to be in form approved by the City Attorney, the proper City officials shall be authorized to issue and deliver to such person or persons as are certified by the City Attorney to be entitled thereto, the $37,500.00 purchase price, less any amount due to be paid by the grantor as taxes and other charges. 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 8th day of November, 1982. No. 26279. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Fifth District 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 1982-83 Fifth District Consortium Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Fifth District Consortium 10/1/81 to 9/30/82 (A348200) $2,834,863.00 Admin. Pool (51-2-204-05) (1) ...................................... 678,162.00 YETP (51-2-204-05) (2) ............................................. 306,944.00 SYEP (51-2-204-32) (3) ............................................. 415,744.00 Fifth District Consortium 10/1/82 to 9/30/83 (A348300) $ Title IIAB (51-3-204-10) (4) ....................................... Admin. Pool (51-3-204-05) (5) ...................................... 385,788.00 313,962.00 71,826.00 REVENUE Fifth District Consortium 10/1/81 to 9/30/82 (R348200) $2,800,538.00 Admin. Pool (51-2-204-05) (6) ...................................... 678,162.00 YETP (51-2-204-48) (7) ............................................. 306,944.00 SYEP (51-2-204-32) (8) ............................................. 415,744.00 Fifth District Consortium 10/1/82 to 9/30/83 (R348300) $ Title IIAB (51-3-204-10) (9) ....................................... Admin. Pool (51-3-204-05) (10) ..................................... 385,788.00 313,962.00 71,826.00 (1) Unobligated Admin. Pool (2) Unobligated YETP (3) UnQbligated SYEP (4) Unobligated IIAB (5) Unobligated Admin. Pool (6) Admin. Pool (7) YETP (8) SYEP (9) Title IIAB (10) Admin. Pool (A34826099999) (A34826399999) (A34826599999) (A34826599999) (A34836099999) (R34820160) (R34820163) (R34820165) (R34830161) (R34830160) $ 7,292.00 22,649.00 25,170.00 313,962.00 71,826.00 7,292.00 22,649.00 25,170.00 313,962.00 71,826.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk Mayor 4O0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1982. No. 26280. A RESOLUTION approving the execution of two agreements with the Virginia Housing Development Authority providing for an allocation of a total of $3,250,000 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 ratifies and approves of the execution by the City Manager, for and on behalf of the City, of two Urban Preservation and Infill Program Con~nitment Agreements with the Virginia Housing Development Authority (VHDA), both dated October 25, 1982, providing for the allocation by VHDA of a total of $3,250,000 in mortgage financing at the'rate of 11.79 percent or less interest for the purchase of properties located within those areas of the City set out in such Agreements, and as identified in a report of the City Manager to Council dated November 8, 1982. 2. The City Manager is empowered and directed to select such financial institutions as necessary to receive and process loan applicatons in the City as part of the program described above, such selections to be based upon certain information to be forwarded by VHDA to the City regarding what loan funds will be directly allocated by VHDA to area financial institutions. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1982. No. 26281. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIAT IONS Con~nunity Development Block Grant $12,407.220.77 C.D.B.G. (B-81-MC-51-0020) 2,873,767.75 Economic Development (1) .................................... 166,478.00 Deanwood Project (2) ........................................ 27,121.12 C.D.B.G. (B-82-MC-51-O020) 2,103,765.00 Economic Development (3) .................................... 210,765.00 REVENUE Community Development Block Grant $12,407,220.77 Other Program Income and Payment (4) ....................... 352,278.98 (1) Economic Development (2) Deanwood Project (3) Economic Development (4) Other Program Income and Payment (A35668102201) (A35668101901) (A35668202201) (R35666603) $ 61,478.00 (61,478.00) 15,765.00 15,765.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~ City Clerk Mayor 4(1_ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1982. No. 26282. AN ORDINANCE providing for the execution of a certain option agreement, ratification of execution of a second option agreement, acceptance of assignment of certain amended option agreements and consur~nation of transfer of the fee simple title to the real property to which such options and amended options apply to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an option agreement with Martha H. Beasley granting to the City the exclusive option to purchase approximately 7.15 acres shown as Parcel 7 on a plat prepared by T. P. Parker & Son, dated October 5, 1982, for a purchase price of $6,750.00 per acre. 2. The Council hereby authorizes and ratifies a certain option agreement from Mrs. Rufus D. Gish, dated October 21, 1982, granting to the City the exclusive option to purchase approximately 15.5 acres bearing Official Tax No. 7160102 for a purchase price of $135,000.00. 3. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, such agreements as are necessary to effectuate assignment of amended options, dated October 25, 1982, and October 26, 1982, between Charles R. Saul (Optionee) and Colonial American National Bank (Optionor), the amended options superseding and replacing an option to purchase real estate, dated June 29, 1982, the assignment of such option having been previously authorized by the Council pursuant to Ordinance No. 26206, dated September 7, 1982. 4. The City Manager or the Assistant City Manager, on behalf of the City, are hereby authorized to take appropriate action to exercise the options described in Paragraphs 1, 2 and 3 of this ordinance, and, upon delivery to the City of a good and sufficient deed of conveyance with respect to each optioned property, granting and conveying to the City the fee .simple title to the aforesaid optioned properties, free and clear of all encumbrances and containing general warranty and modern English covenants of title on behalf of the grantors, such deeds to be in form approved by the City Attorney, the proper City officials shall be and are hereby authorized to issue and deliver the purchase price required by each option agreement. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1982. No. 26283. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General and Civic Center Funds Appropriations Ordinances, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General and Civic Center Funds Appropriations Ordinances be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND APPROPRIATIONS Internal Services $10,909,627.00 Building Maintenance (1 & 2) ................................. 1,746,309.00 Health and Welfare 8,486,701.38 Nursing Home (3) ............................................. 705,641.00 Non-Departmental 15,667,694.00 Transfers to Civic Center (4) ................................ 657,955.00 General Fund Contingency Reserve (5 & 6) ..................... 339,908.00 Civic Center APPROPRIATIONS General Operating $ 1,297,669.95 Maintenance (7) .............................................. 46,594.00 REVENUE Non-Operation Revenue $ General Fund Operating Supplement (8) ........................ 663,955.00 657,955.00 (1) Maintenance By Outside Contracts (2) Maintenance for Enterprise Funds (3) Fees for Professional Services (4) Transfers to Civic Center Fund (5) Contingency Reserve (6) Contingency Reserve (7) Buildings and Property (8) General Fund Operating Supplement (A06263134061) (A06263134063) (A01534020010) (A01931037005) (A01941032006) (A06941032006) (A05210534005) (R05224701) $ 23,418.00 (41,940.00) 10,966.00 41,940.00 (52,906.00) 18,522.00 41,940.00 41,940.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~_~6~a~,~_.._ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of November, 1982. No. 26284. AN ORDINANCE accepting certain bids and awarding contracts for maintenance and repair of roofs of certain City buildings; authorizing the proper City officials to execute the requisite contracts therefor; rejecting certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid in writing of the following named bidders made to the City and opened on October 25, 1982 to furnish all tools, labor, machinery and materials necessary for roof repair or maintenance hereinafter set out and generally described, but more particularly described in the City's specifications and in said bidder's proposals, be and are hereby ACCEPTED, at the contract prices set out with each said item and the name of each successful bidder thereon, viz: Bid No. Description Successful Bidder Contract Price 1 Marine Armory I. N. McNeil Roofing Co. $ 34,384.00 2 Main Library Smith Sheet Metal and $ 25,277.00 Roofing Co. 3 Carvins Cove Filter Plant Smith Sheet Metal and $ 24,711.00 Roofing Co. 4 Civic Center Auditorium, Smith Sheet Metal and $ 41,940.00 Intermediate Level Roofing Co. 5 Terminal Building, Municipal Airport I. N. McNeil Roofing Co. $ 28,612.00 6 Coyner Springs Nursing Home Hodges Lumber Co. $ 10,966.00. 2. The City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City, to execute, seal and attest, respectively, the requisite contract with each successful bidder, such contract to have incorporated therein the City's requirements and plans and specifications made for such work, the bidder's proposal made to the City, the provisions of this ordinance, and to be upon such form as is approved by the City Attorney. 3. All other bids made to the City for such work are hereby REJECTED, and the City Clerk is directed to notify said other bidders and to express 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: ~~Z~--.~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1982. No. 26275. AN ORDINANCE permanently vacating, discontinuing and closing a part of Fugate Road, N. E., in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Jimmy T. Moore and Betty D. Moore, have heretofore filed their application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described street, which is more particularly described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on October 6, 1982, reported to Council and recommended that the hereinafter described street be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on November 8, 1982, at 7:30 p.m., after due and timely notice thereof as required by Section 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 hereinafter described street 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 for permanently vacating, discontinuing and closing said street, as requested by Jimmy T. Moore and Betty D. Moore, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain street situate in the City of Roanoke, Virginia, and more particularly described as follows: FUGATE ROAD, N. E., approximately 15 feet in width leading from the eastern intersection of Fugate Road and Shenandoah Valley, approximately 165.58 feet easterly to the Norfolk and Western Railroad Company right-of-way. 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 street, together with the right of ingress or egress for the maintenance of such lines, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above described street 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 street on all maps and plats on file in his office on which said street is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of Jimmy T. Moore and Betty D. Moore, husband and wife, and Myrtle V. Turner, Widow, the only adjoining property owners, as Grantees. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1982. No. 26285. A RESOLTUION requesting the ~eneral Assembly of Virginia to specifically exempt the Western Virginia Foundation for the Arts and Sciences, its subsidiary Corporation, Center in the Square, Inc., and the occupants of Center in the Square Building on Campbell Avenue namely; Mill Mountain Playhouse, Roanoke Museum of Fine Arts, Roanoke Valley Science Museum, Roanoke Valley Arts Council and Roanoke Valley Historical Society from local taxation. WHEREAS, Article 10, Section 6 of the Constitution of Virginia permits the General Assembly to exempt historical, benevolent, charitable and cultural non-profit organizations from local taxation; and, 4O4 WHEREAS, Section 58-12 of the Code of Virginia exempts non-profit museums together with numerous other historical, cultural and charitable foundations from local taxation; and, WHEREAS, more than 4 million dollars in State funds have been allocated to the aforesaid cultural, charitable and historical foundations, and it is expected that said foundations will continue to receive monies from the State from time to time; and, WHEREAS, there may be some question as to whether the Western Virginia Foundation for the Arts and Sciences and Center in the Square, Inc., are presently exempt from local taxation in that they are not specifically named in the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that the General Assembly of Virginia be requested to specifically exempt from local taxation all of the properties owned by the Western Virginia Foundation for the Arts and Sciences and Center in the Square, Inc., and all properties owned by occupants of the Center in the Square, Inc., namely; Mill Mountain Playhouse, Roanoke Museum of Fine Arts, Roanoke Valley Science Museum, Roanoke Valley Arts Council and Roanoke Valley Historical Society, which said properties are used exclusively for cultural, charitable or historical purposes on a non-profit basis; and, BE IT FURTHER RESOLVED that the Clerk of the Council send certified copies of this resolution to the Clerk of the Senate of Virginia, and the Clerk of the House of Delegates; and, BE IT FURTHER RESOLVED that Roanoke's Representatives in the House; namely, A. Victor Thomas and Clifton A. Woodrum, III, and Roanoke's Representative in the Senate of Virginia, Ray L. Garland be given copies of this Resolution with the request that they introduce legislation to implement the intent hereof. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1982. No. 26286. 'AN ORDINANCE amending and reordaining Section 6-26, Barking or howling dogs, Code of the City of Roanoke (1979), as amended, to provide a different standard of proof for and a redefinition of the offense; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 6-26, Barking or howlin8 doss, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 6-26. Barking or howling dogs. The harboring or keeping of any dog, which by loud, frequent or habitual barking or howling or by other conduct likely to cause annoyance and disturb the peace and quiet of any person or neighborhood, which loud, frequent or habitual barking or howling or other conduct is heard or observed by any animal warden, other officer or other person, shall be unlawful, and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonable notice has been given by an animal warden to the owner of such dog, if known, or upon complaint of any person, if such owner is unknown, be impounded and confined in the City dog pound by an animal warden or any police officer. 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 November, 1982. No. 26287. A RESOLUTION expressing the concurrence of Council in a five-year capital improvement program and a capital maintenance and equipment replacement program presented to Council by report of November 8, 1982, as amended by report of November 22, 1982. WHEREAS, a well-defined policy and program is necessary to meet the capital improvement needs and to meet the capital maintenance and equipment replacement needs of the City; WHEREAS, this Council has requested the City Manager and the Director of Finance to recommend a policy and procedure to meet the capital needs of the City, and, by report dated November 8, 1982, the City Manager and Director of Finance have recommended a five-year capital improvement program totaling $34,355,006, which sum was amended to $34,555,006 by report of November 22, 1982; WHEREAS, a capital maintenance and equipment replacement program with the objective of achieving a predictable level of funding each year through the creation of a reserve for capital improvements and capital maintenance and equipment replacement, with the amount to be paid into such reserve at the conclusion of each fiscal year being determined by formula to be established by ordinance of Council, has been recommended; WHEREAS, Council is desirous of expressing its general concurrence in the report of November 8, 1982, as amended by report of November 22, 1982, and the capital improvements, financing therefor and objectives set forth in such report; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council approves the five-year capital improvement program totaling $34,555,006 recommended in the report of November 8, 1982, as amended by report of November 22, 1982. 2. Council concurs in the sale as soon as possible of $11,000,000 in general obligation bonds of the City, previously authorized after referendum, but unsold. 3. Council designates proceeds of such bond sale to be applied as follows: Storm Drains Sidewalks, Streets, Highways and Bridges Public Buildings Parks Schools $ 3,396,000 2,576,000 2,395,000 1,333,000 1,300,000 Total $ 11~000,000 4. Council concurs in the establishment of a reserve for capital improvements and capital maintenance and equipment replacement, the amount to be paid into such reserve at the conclusion of each fiscal year being determined by an ordinance adopted simultaneously with this resolution, and Council further endorses the formula recommended for division of such reserve between the City and the School Board; 5. Council concurs generally in all other provisions of the report of November 8, 1982, as amended by report of November 22, 1982. 6. The City Attorney is authorized to prepare the necessary measures and legal documents, and the Director of Finance is authorized to prepare a bond prospectus statement and other documentati and papers necessary to implement the proposed bond sale. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1982. No. 26288. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General. Fund Appropriatio~ Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: ~n REVENUE General Property Taxes $29,098,305.00 Personal Property (1) ....................................... 5,897,000.00 Public Service (2) .......................................... 2,520,000.00 Penalties and Interest (3) .................................. 275,000.00 Other Local Taxes 20,678,959.00 Utility Consumer Tax (4 & 5) ................................ 5,750,000.00 Cigarette Tax (6) ........................................... 288,100.00 Recordation and Probate Tax (7) ............................. 140,000.00 Admissions Tax (8) .......................................... 80,000.00 Motor Vehicle License (9) ................................... 1,050,000.00 Franchise Taxes (10) ........................................ 630,159.00 Permits, Fees and Licenses 274,400.00 Animal Licenses (11) ........................................ 31,000.00 Permits and Fees (12 & 13) .................................. 216,400.00 Grants-in-Aid Commonwealth 31,066,527.00 Non-Categorical Aid (14) .................................... 509,800.00 Other Categorical Aid (15-20) ............................... 7,303,181.00 Grants-in-Aid Federal Government 4,162,500.00 Revenue Sharing (21) ........................................ 2,655,852.00 Charges for Current Services Streets and Sidewalks (22) .................................. Sanitation Charges (23) ..................................... Parks and Recreation (24) ................................... Miscellaneous Revenue Tinker Creek Reimbursement (25) ............................. 2,737,866.38 64,600.00 72,000.00 70,300.00 969,670.00 210,570.00 FUND BALANCE Undesignated Reserved for Capital Maintenance and Equipment Replacement $ 846,931.00 1,035,072.00 (1) 1983 Personal Property (2) Public Service Tax (3) Penalties and Interest (4) Water Service (5) Electric Service (6) Meter Sales (7) Recordation (8) Admissions Tax (9) Motor Vehicle License (10) Cable Television (11) Dog Tags (12) Building Inspection (13) Electrical Inspection (14) Rental Car Tax (15) Street Const. & Maint. (16) City Jail (17) Juvenile Probation House (18) Juvenile Detention Home (19) Outreach Detention (20) Crisis Intervention (21) Revenue Sharing (22) Parking Meters (23) Garbage Collection (24) Recreation Fees (25) Tinker Creek Reimbursement (R01014149) (R01015105) (R01019501) (R01021045) (R01021005) (R01021503) (R01023001) (R01024501) (R01025001) (R01025515) (R01031001) (R01031510) (R01031508) (R01060525) (R01063005) (R01063007) (R01063015) (R01063205) (R01063030) (R01063035) (R01071005) (R01082010) (R01082520) (R01084001) (R01091046) 450,000.00 200,000.00 25,000.00 (50,000.00) (5o,ooo.oo) 15,000.00 (25,000.00) (5,800.00) (25,000.00) 164,104.00 5,000.00 10,000.00 10,000.00 20,000.00 130,791.00 (200,000.00) 15,963.00 39,612.00 9,845.00 18,811.00 19,176.00 (10,000.00) 50,000.00 7,000.00 210,570.00 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 November, 1982. No. 26289. AN ORDINANCE to amend and reordain certain sections of the 1982-83 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 1982-83 Generaland Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: GENERAL FUND' APP ROPRIAT IONS Public Safety $13,120,483.45 Police Patrol (1) ................................................. 3,561,782.00 Fire Suppression (2) .............................................. 4,666,921.00 Contributions to Rescue Squads (3 & 4) ............................ 98,500.00 Jail (5) .......................................................... 1,532,184.00 Internal Services 11,174,149.00 Grounds Maintenance (6) ....................... ' .................... 800,121.00 Utility Line Services (7) ......................................... 1,588,761.00 Building Maintenance (8) .......................................... 1,771,309.00 Street Maintenance (9) ............................................ 2,568,756.00 Public Works 3,658,545.00 Annual Paving Contract (10) ....................................... 1,150,146.00 Non-Departmental 15,836,528.00 Transfers to Capital Projects Fund (11) ........................... 333,305.00 FUb~ BALANCE Undesignated Reserved for Capital Maintenance and Equipment Replacement - Schools -- 0 520,457.00 CAPITAL PROJECTS FUND APPROPRIAT IONS Sanitation Projects 3,838,875.55 Landfill Baler (12) ............................................... 984,000.00 (1) Vehicular Equipment (2) Vehicular Equipment (3) Roanoke Life Saving Crew (4) Williamson Road Life Saving Crew (5) Other Equipment (6) Vehicular Equipment (A01311390010) (A01321390010) (A01326070002) (A01326070004) (A01331090020) (A06264190010) (7) Operational and Constructional Equipment (A06262590015) (8) Maintenance by Outside Contractors (A06263134061) (9) Operational & Constructional Equipment (10) Annual Paving Contract (11) Transfer to Capital Projects Fund (12) Appropriation.from General Revenues (A06262190015) (A01412020081) (A01931037008) (A08220193003) $122,400.00 240,000.00 12,000.00 12,000.00 8,000.00 80,000.00 90,000.00 25,000.00 43,000.00 385,146.00 344,000.00 344,000.00 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 22nd day of November, 1982. No. 26290. AN ORDINANCE providing for the execution of a Paying Agency Agreement between the City of Roanoke and the Bank of Virginia Trust Company as fiscal agent of the City and to designate the principal office of such Bank, together with Bankers Trust Company, as alternate places of payment relating to the City's payment of the bonds authorized by Resolution No. 25160, adopted on June 9, 1980, and of the interest coupons maturing on said bonds; providing for the periodic destruction of the aforesaid bonds and interest coupons and certification of the facts of payment and destruction in the manner and form provided by Section 15.1-184.1, Code of Virginia (1950), as amended; and providing for an emergency. WHEREAS, by Ordinance No. 24812, adopted September 4, 1979, Council authorized the issue and sale of general obligation bonds of the City in the principal amount of $15,500,000 conditioned upon approval of the electorate at an election held on November 6, 1979; WHEREAS, the issue and sale of such general obligation bonds in the principal amount of $15,500,000 was authorized at such election and by Resolution No. 25160, adopted June 9, 1980, Council authorized the sale of such bonds at one time or from time in series, without further authorization of Council; 408 WHEREAS, $4,500,000 of the bonds authorized by Resolution No. 25160 have heretofore been issued and sold, and the Director of Finance now deems it in the best interest of the City to issue and sell the remaining $11,000,000 principal amount of bonds authorized by Resolution No. 25160, such bonds to be designated "Public Improvement Bonds, Series 1982;" WHEREAS, provision will be made on the face of all such bonds and on the coupons attached thereto that the same may be presented for payment by the City at the principal office of the Bank of Virginia Trust Company in Richmond, Virginia, or at the option of the holder, at the principal office of Bankers Trust Company in New York, New York, and the City desires to enter into agreement with such banks as paying agents of the City for payment of the principal and interest on said bonds and, further, to enter into agreement as authorized by Section 15.1-184.1, Code of Virginia (1950), as amended, with the Bank of Virginia Trust Company for such Bank's periodic account for destruction of the bonds and coupons paid by each aforesaid bank as paying agents of the City, and with the Bank of Virginia Trust Company of Richmond as the bank at which the City shall deposit money to meet the aforesaid payments; and WHEREAS, it is necessary for the usual daily operation of ~e municipal government that this ordinance take effect upon its passage; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Director of Finance and the City Clerk are hereby authorized, empowered and directed, for and on behalf of the City, to execute, seal and attest, respectively, a written agreement with The Bank of Virginia Trust Company of Richmond, Virginia, designating said Bank as a fiscal agent and paying agent of the City for the purpose of payment of Public Improvement Bonds, Series, 1982, and interest coupons attached thereto, and providing further for designation of the principal office of Bankers Trust Company in New York, New York, as an alternate place where, at the option of the holder, said bonds and coupons may be paid, and designating the Bank of Virginia Trust Company as the bank whereat the City shall deposit money sufficient for such payments, and further for the periodic destruction of the aforesaid bonds and interest coupons by the Bank of Virginia Trust Company and certification of the facts of such payment and destruction in the form provided by Section 15.1-184.1, Code of Virginia (1950), as amended, which said agreement shall be substantially in the form of an agreement attached to the report of the Director of Finance dated November 22, 1982, and which agreement shall also be in a 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 pasage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1982. No. 26291. A RESOLUTION providing for a Special Meeting of the Council to be held on Tuesday, December 14, 1982, at 11:00 a.m., Eastern Standard Time. WHEREAS, provisions will be made for the advertisement of the sale of certain bonds of the City, and the advertisement of the Notice of Sale will state that sealed bids for the purchase of the bonds will be publicly opened before the Mayor and the Members of the Council at 11:00 a.m., Eastern Standard Time, on Tuesday, December 14, 1982; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of the Council of the City of Roanoke will be held at 11:00 a.m., Eastern Standard Time, on Tuesday, December 14, 1982, in the Council Chambers of the MunicipAl Building, for the purpose of receiving, opening and considering bids made to the City for the purchase of $11,000,000 principal amount of general obligation bonds of this City, such bonds being designated "Public Improvement Bonds, Series 1982," and authorized by Resolution No. 25160, dated June 9, 1980; and for the purpose of taking such action in the premises as the Council may then be advised. ATTEST: City Clerk APPROVED Mayor 40g IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1982. No. 26293. AN ORDINANCE accepting the bid of Lanier Business Products for furnishing and installing a recording system in the Roanoke City courts facilities, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Lanier Business Products made to the City in the total amount of $34,881.00 for furnishing and installing a recording system in the Roanoke City courts facilities, 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, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the city Clerk are authorized on behalf of the City to execute and attest, respectively, the requisite contract with Lanier Business Products, incorporating therein such company's proposal made therefor and the City's plans and specifications therefor, said contract to be in form as approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1982. No. 26294. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General and Capital Funds Approriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 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 General Fund Contingency Reserve (1) ............................... Transfer to Capital Projects Fund (2) ~ ............................ $15,468,305.27 272,543.00 13,464.00 CAPITAL PROJECTS FUND APPROPRIATIONS Other Public Buildings Raleigh Court Branch Library (3) ................................... Williamson Road Branch Library (4) ................................. $ 7,979,268.92 183,782.98 213,267.75 (1) Contingency Reserve (2) Transfer to Capital Projects Fund (3) Raleigh Court Branch Library (4) Williamson Road Branch Library (A01941032006) (A01931037008) (A08180191501) (A08180191401) $(25,191.00) 25,191.00 (5,537.02) 30,728.02 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 410 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of November, 1982. No. 26295. AN ORDINANCE accepting a bid for providing and installing furnishings at the Williamson Road Branch Library; authorizing a contract to be entered into for such work; rejecting another bid made to the City for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of King Business Interiors, Inc., made to the City in the total amount of $30,727.75, for providing and installing furnishings for the Williamson Road Branch Library, such bid being in full compliance with the City's specifications made therefor, and as provided in the contract documents offered to said bidder, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf 'of the City to execute and attest, respectively, the requisite contract with King Business Interiors, Inc., based on its bid made therefor and the City's specifications, said contract to be in such form as is approved by the City Attorney. 3. The other bid made to the City for the aforesaid work is hereby REJECTED, and the City Clerk is directed to notify such bidder and to express 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 22nd day of November, 1982. No. 26296. AN ORDINANCE awarding a contract for the furnishing of the new City Courthouse; rejecting other bids received for said furnishings; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Everett Waddey (Litton Office Products) to furnish, deliver and install in the new City Courthouse various furnishings meeting all of the City's specifications and requirements made therefor as fully set out in the tabulation of bids attached to the report of the City Manager dated November 22, 1982, for the total amount of $123,019.26, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is hereby authorized and directed for and on behalf of the City of Roanoke to enter into and execute the requisite contract with said firm, such contract to have incorporated into it all of the terms, provisions and conditions contained in the City's specifications for the furnishings and for the compensation set out above; such contract to be in such form as is approved by the City Attorney. 3. The other bids received for providing such furnishings for the Courthouse are hereby REJECTED, and the City Clerk is directed to 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. ATT ES T: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1982. No. 26292. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 2-188, Reserve for capital improvements and capital maintenance and equipment replace- ment, to provide a certain reserve in the General Fund for capital needs of the City. BE IT ORDAINED by the Council of the City of Roanoke that the Code of the City of Roanoke (1979), as amended, shall be amended and reordained by the addition of the following new section: Section 2-188. Reserve for capital improvements and capital maintenance and equipment replacement. At the close of each fiscal year, a sum equal to ten percent (10%) of total general fund appropriations for such fiscal year minus any sums paid for general fund debt service during such fiscal year, to the extent available from any undesignated fund balance at the end of such fiscal year, shall be reserved for capital improvements and capital maintenance and equipment replacement. Under no circumstances shall such reserve create a deficit in the general fund. Funds reserved for capital improvements and capital maintenance and equipment replacement shall be expended only pursuant to ordinance adopted by Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1982. No. 26297. AN ORDINANCE approving the issuance of Change Order No. 17 to the City's contract with R. E. Lee & Son, Inc. for construction of the City Courts Facility; 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. 17 to the City's contract with R. E. Lee & Son, Inc. dated October 28, 1980, such contract being for the construction of the Roanoke Courts Facility as authorized by Ordinance No. 25253 adopted October 27, 1980. performed: Change Order No. 17 shall provide for the following changes in the work to be CONTRACT AMOUNT: $8,771,010.92 Additions and deletions as specified in the Report of the City Manager dated December 6, 1982 $ 31,422.00 $8,802,432.92 Contract amount including Change Order No. 17 Additional time resulting from Change Order No. 17 None. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk Mayor 412 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1982. No. 26298. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting a newChapter 23.1, Procurement, consisting of new Sections 23.1-1 through 23.1-23, such new Chapter generally establishing a policy and procedure for procurement of goods, services and construction by the City, and, specifically, stating a legislative purpose, establishing when bidding is necessary, enumerating exceptions from the bidding requirement, establishing bid opening and bid evaluation procedures, addressing the use of brand names in specifications, authorizing certain factors to be considered in determination of lowest responsible bidder, establishing a method for withdrawal of bids, prescribing required bonds and amounts, setting forth actions on bonds', requiring retainage in certain amounts, prohibiting employment discrimination, defining remedies available to aggrieved vendors and contractors and prescribing ethical standards for public employees involved in the procurement process; repealing Section 2-185, Purchases to conform to Charter and Council regulations; free competition required, and Section 2-187, Certain bids to be opened by committee and reported to Council; 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 a new Chapter 23.1, Procurement, consisting of new sections 23.1-1, Legislative purpose, 23.1-2, Applicability, 23.1-3, Definitions. 23.1-4, Requirement of bidding; power to reject bids, 23.1-5, Competitive bidding on state-aid projects, 23.1-6, Exceptions to bidding require- ment, 23.1-7, Invitation for bids; public notice, 23.1-8, Brand names, 23.1-9, Bid bonds, 23.1-10, Bid openings; bid. aeneptance and evaluation, 23.1-11, Withdrawal of bids; alteration of bids; late bids, 23.1-12, Lowest responsible bidder, 23.1-13, Subcontractors, 23.1-14, Award, 23.1-15, Performance and payment bonds, 23.1-16, Action on performance bond, 23.1-17, Actions on payment bonds, 23.1-18, Alternative forms of security, 23.1-19, Retainage on construction contract, 23.1-20, Employment discrimination by contractor prohibited, 23.1-21, Debarment, 23.1-22, Legal actions, 23.1-23, Ethics in public procurement; penalty; and providing as follows: CHAPTER 23.1. PROCUREMENT Section 23.1. Legislative purpose. The underlying purposes and policies of this chapter are as follows: (a) To provide for increased public confidence in the procedures followed in public procurement; (b) To insure the fair and equitable treatment of all persons who deal with the procurement system of the City; (c) To provide increased economy in City procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the City; (d) To foster effective broad-based competition within the free enterprise system; (e) To provide safeguards for the maintenance of a procurement system of quality and integrity; and (f) To promote uniformity of procurement policies and procedures among the various departments, offices and agencies of the City. Section 23.1-2. Applicability. Ail City purchases shall conform to the provisions of the Charter and this Chapter. This Chapter shall be applicable to all Council-appointed officers, directorates, departments, offices, boards, agencies and commissions of the City except the School Board and School Division. Section 23.1-3. Definitions. The words defined in this section shall have the meanings as set forth below throughout this chapter: Construction shall mean building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work or improvement upon land. Goods shall mean all material, equipment, supplies, printing, and automated data processing hardware and software. Informality shall mean a minor defect or variation of a bid or proposal from the exact requirements of the invitation to bid, request for proposal, specifications, or bid form, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured and which does not compromise the integrity of the competitive process. Insurance shall mean a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils. Professional services shall mean work performed by an independent contractor within the scope of the practice of accounting or auditing, appraising, architecture, court reporting, denistry, finance, fine arts, insurance consulting services, land surveying, landscape architecture, law, management consulting services, medicine, optometry, planning or professional engineering or similar professional services. ' 3 Services shall mean any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. Sheltered workshop shall mean a non-profit, work-oriented rehabilitative facility with a controlled working environment and individual goals which utilizes work experience and related services for assisting the handicapped person to progress toward normal living and a productive vocational status. Section 23.1-4. Requirement of bidding; power to reject bids. (a) Any contract with a non-governmental contractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is expected to exceed ten thousand dollars ($10,000) 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 ten thousand dollars ($10,000), the City Council shall have the power to reject any and all bids. (b) Any contract with a non-governmental contractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is not expected to exceed ten thousand dollars ($10,000) may be bid and awarded to the lowest responsible bidder, or highest responsible bidder where applicable, such as where the City is leasing or selling public property or awarding concession rights, after public advertise- ment 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. (c) No person or firm who has been engaged as an architect or engineer for a project shall be eligible to bid on such contract or to have same awarded to him or it. (d) No bid from any bidder who is not properly licensed under Chapter 7 of Title 54 of the Code of Virginia (1950), as amended, shall be received or considered. Section 23.1-5. Competitive bidding on state-aid projects. No contract for the construction of any building or for an addition to or improvement of an existing building for which state loans of $100,000 or more, either by appropriation, grant- in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let except after competitive bidding. The procedure for the advertising for bids and letting of the contract shall conform, mutatis mutandi, to the Virginia Public Procurement Act, Sections 11-35 through 11-80, Code of Virginia (1950), as amended. No person or firm shall be eligible to bid on any such contract nor to have the same awarded to him or it who has been engaged as architect or engineer for the same project. Section 23.1-6. Exceptions to bidding requirement. Notwithstanding the provisions of Section 23.1-4, public advertisement and competition shall not be required (1) where there is only one source for the needed supply, service or construc- tion item, (2) where an emergency procurement is made pursuant to Section 41 of the City Charter, (3) where insurance is being procured, (4) where professional services are being procured, (5) where a purchase is made from a sheltered workshop or (6) where expert witnesses or other services associat- ed with litigation or regulatory proceedings are being procured. Section 23.1-7. Invitation for bids; public notice. (a) For each purchase or lease of goods or purchase of services or construction pursuant to Section 23.1-4(a), an invitation for bids shall be issued which shall include in summary fashion a purchase or lease description and a statement as to where relevant contractual terms and conditions applicable to the procurement may be viewed. (b) In each case in which pUblic advertisement and competition is required bids shall be initiated by public notice in a newspaper of general circulation published in this City which notice shall be published at least once not less than ten days prior to the date on which bids will be opened. The advertisement shall state the place where bidders may examine any plans and specifications for the work, whether the contract will be let for a lump sum or on a cost plus basis, the time and place where the bids for the work will be opened and the procedure for withdrawal of a bid. Ail advertisements shall further note that the City may reject any and all bids. In addition to public advertising, bids may be solicited directly from potential contractors or vendors. Section 23.1-8. Brand names~ Unless otherwise provided in the invitation to bid, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character and quality of the article desired, and any article which the City, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation and suitability for purpose intended, shall be accepted. Section 23.1-9. Bid bonds. (a) Except in cases of emergency, all bids or proposals for construction contracts in excess of $25,000 shall be accompanied'by a bid bond from a surety company selected by the bidder which is legally authorized to do business in Virginia, as a guarantee that if the contract is awarded to such bidder, that bidder will enter into the contract for the work mentioned i~ the bid. The amount of the bid bond shall not exceed five percent (5%) of the amount bid. The City Manager may, in his discretion, require a bid bond not to exceed five percent (5%) of the amount bid where a bid or proposal is $25,000 or less. 4 _4 (b) No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which the bond was written and the next low bid, or (ii) the face amount of the bid bond. Section 23.1-10. Bid openings; bid acceptance and evaluation. (a) Ail bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, together with the name of each bidder, shall be recorded; the record on each bid shall be open to public inspection. (b) Except as hereinafter provided in this subsection, bids for any purchase or lease of goods or purchase of services or construction anticipated to be in excess of ten thousand dollars ($10,000) 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 committee 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. (c) In any case where a bid requires an appropriation to be made by the Council, where a bid is for the award of a concession, or where the low bid purchase or lease of goods or purchase of services or construction is in excess of ten 'thousand dollars ($10,000) whether subject to the requirement of opening at public meeting of Council or not, a report shall be made to the Council by the City Manager with an appropriate recommendation. (d) All bids shall be unconditionally accepted without alteration or correction, except as authorized by the Code of Virginia (1950), as amended, or by this Code. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, suitability for a particular purpose and life cycle cost. The City, in its sole discretion, may elect to waive an informality in a bid or proposal. Section 23.1-11. Withdrawal of bids; alteration of bids; late bids. (a) No bid shall be permitted to be withdrawn except in accordance with Section 11-54, Code of Virginia (1950), as amended. (b) No bidder shall be permitted to alter, modify or amend his bid after the time fixed for submission of bids. (c) No bid received after the time fixed for submission of bids shall be opened or considered. Section 23.1-12. Lowest responsible bidder. To determine the lowest responsible bidder with respect'to any goods, services or construction, the following factors, among such others as will protect and preserve the interests of the City and its inhabitants, may be considered: (a) The ability, capacity and skill of the bidder to perform the contract or provide the service required; (b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (c) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (d) The quality of performance of previous contracts or services; (e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract, purchase or service; (f) The equipment and facilities available to the bidder to perform the ~ontract or provide the service; (g) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (h) The quality, availability and adaptability of the supplies, materials, equipment or services to the particular use required; (i) The ability of the bidder to provide future maintenance, parts and service for the use of the subject of the purchase or contract; (j) The amount and conditions, if any, of the bid. Section 23.1-13. Subcontractors. Any offeror submitting a bid in excess of $100,000 for a construction contract shall include in his bid, in addition to the requirements set forth in the invitation to bid or request for proposal, a list of each subcontractor whose subcontract constitute more than ten percent (10%) of the bid amount and the estimated percentage of the contract to be performed by each such subcon- tractor. Section 23,1-14. Award The contract shall be awarded with reasonable promptness by written notice 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, whose bid meets the requirements and criteria set forth in the invitation for bids. If the contract is to be let on a cost plus basis, the contract may be awarded to the lowest responsible bidder naming the lowest percent of fee. In the case of a tie bid among responsible bidders, preference shall be given to goods, ser- vices and construction produced in this City or provided by City persons, firms or corporations if such choice is available; otherwise the tie shall be decided by lot. Section 23.1-15. Performance and payment bonds. (a) Uponthe award of any public construction contract exceeding twenty-five thousand dollars ($25,000) to any prime contractor, such contractor shall furnish to the City the following bonds: (1) A performance bond in the sum of the contract amount conditioned upon the faith- ful performance of the contract in strict conformity with the plans, specifica- tions and conditions of the contract. (2) A payment bond in the sum of the contract amount. Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any of his subcontractors, in the prosecution of the work provided for in such contract, and shall be conditioned upon the prompt payment for all such material furnished or labor supplied or performed in the prosecution of the work. Labor or materials shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site. (b) Each of such bonds shall be executed by one or more surety companies selected by the contractor which are legally authorized to do business in Virginia. (c) Bonds required for City construction contracts shall be payable to the City of Roanoke and shall be filed with the City Engineer. (d) Nothing in this section shall preclude the City Manager from requiring payment or performance bonds for construction contracts below twenty-five thousand dollars ($25,000) or for contracts for goods or services in any amount. (e) Nothing in this section shall preclude such contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor conditioned upon the payment to all persons who have and fulfill contracts which are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract. Section 23.1-16. Action on performance bond. No action against the surety on a performance bond shall be brought unless within one year after (i) completion of the contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty, if the action be for such, in all other cases. Section 23.1-17. Actions on payment bonds. (a) Subject to the provisions of subsection (b) hereof, any claimant who has performed labor or furnished material in accordance with the contract documents in the prosecution of the work provided in any contract for which a payment bond has been given, and who has not been paid in full therefor before the expiration of ninety days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payment, may bring an action on such payment bond to recover any amount due him for such labor or material, and may prosecute such action to final judgment and have execution on the judgment. The obligee named in the bond need not be named a party to such action. (b) Any claimant who has a direct contractual relationship with any subcontractor from whom the contractor has not required a subcontractor payment bond under Section 23.1- 15(e) but who has no contractural relationship, express or implied, with such contractor, may bring an action on the contractor's payment bond only if he has given written notice to such contractor within 180 days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Any claimant who has a direct con- tractual relationship with a subcontractor from whom the contractor has required a subcon- tractor payment bond under Section 23.1-15(e) but who has no contractual relationship, express or implied, with such contractor, may bring an action on the subcontractor's payment bond. Notice to the contractor shall be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainage with respect to labor performed or materials furnished shall not be subject to the time limitations stated in this subsection. (c) Any action on a pyament bond must be brought within one (1) year after the day on which the person bringing such action last performed labor or last furnished or supplied materials. Section 23.1-18. Alternative forms of security. (a) In lieu of a bid, payment, or performance bond, a bidder, offeror or contractor may furnish a certified check or cash escrow in the face amount required for the bond. (b) If approved by the City Attorney, a bidder may furnish 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 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. Section 23.1-19. Retainage on construction contracts. (a) In any public contract for construction which provides for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least ninety-five percent (95%) of the earned sum when payment is due, with not more than five percent (5%) being retained to assure faithful performance of the contract. All amounts withheld may be included in the final payment. (b) Any subcontract for a public project which provides for similar progress payments! shall be subject to the same limitations. Section 23.1-20. EmploMment discrimination by contractor prohibited. Every contract of over $10,000 to which the City is a party shall contain the pro- visions in subparagraphs (a) and (b) herein: (a) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reason- ably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal employment opportunity employer. (3) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (b) The contractor will include the provisions of the foregoing paragraphs (1), (2) and (3), in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Section 23.1-21. Debarment. Prospective contractors may be debarred from contracting for particular types of supplies, services, insurance or construction for specified periods of time. Any debarment procedure which may provide for debarment on the basis of a contractor's unsatisfactory performance for the City or for violation of federal or State laws relating to antitrust or federal or State law or local ordinance relating to procurement, shall be established in writing by the City Manager. Section 23.1-22. Legal actions. (a) A bidder or offeror, actual or prospective, who is refused permission or dis- qualified from participation in bidding or who is determined not to be a responsible bidder or offeror for a particular contract, may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the petitioner establishes that the decision was arbitrary or capricious. (b) A bidder denied withdrawal of a bid under Section 11-54 of the Code of Virginia, (1950), as amended, may bring an action in the appropriate circuit court challenging that decision which shall be reversed only if the bidder establishes that the decision of the City was clearly erroneous. (c) A bidder, offeror or contractor may bring an action in the appropriate circuit court challenging a proposed award or the award of a contract, which shall be reversed only if the petitioner establishes that the proposed award or the award is not an honest exercise of discretion, but rather is arbitrary or capricious or not in accordance with the Constitution of Virginia, statutes, regulations or the terms and conditions of the invitation to bid or request for proposal. (d) If injunctive relief is granted, the court, upon request of the City, shall require the posting of reasonable security to protect the public body. (e) A contractor may bring an action involving a contract dispute with the City in the appropriate circuit court. (f) Nothing herein shall be construed to prevent a public body from instituting legal action against a contractor. Section 23.1-23. Ethics in public procurement; penalty. The provisions of Sections 11-72, 11-73, 11-74, 11-75, 11-76, 11-77, 11-78 and 11-79, Code of Virginia (1950), as amended, relating to ethics in public procurement shall apply to all procurement of this City. Willful violation of any provision of any of the above-referenced sections shall constitute a Class I misdemeanor. In case of conviction therefor of any City employee, im addition to any other fine or penalty provided by law, such employee shall forfeit his employment. 2. Section 2-185, Purchases to conform to Charter and council regulations; free competitio required, and 2-187, Certain bids to be opened by comnittee and reported to Council, Code of the City of Roanoke (1979), as amended, are hereby REPEALED. 3. If any provision of this ordinance or any application thereof to any person or circums tances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. 4. The provisions of this ordinance shall not apply to those contracts entered into prior to January 1, 1983, nor shall this ordinance apply to any procurement transaction where the invitation for bids or request for proposals was issued prior to January 1, 1983. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after January 1, 1983. APPROVED ATTEST: ~~_ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 1982. No. 26299. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIAT IONS Community Development Block Grant $12,408,843.29 C.D.B.G. (B-81-MC-51-0020) (1-2) ..................................... 2,105,387.52 REVENUE Community Development Block Grant $12,408,843.29 C.D.B.G. Other Program Income Payment (3) ............................ 353,901.50 (1) Unprogrammed CDBG Nonsettlement (2) Unprogrammed CDBG Rehabilitation Loans (3) Other Program Income and Payment (A35668200415) (A35668200416) (R35666603) $1,297.00 325.52 1,622.52 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 6th day of December, 1982. No. 26300. AN ORDINANCE accepting the bid of Motorola Communications and Electronics, Inc. for furnish- ing and installing a CCTV Surveillance System in the Roanoke City Courts Facility, specifying a date for completion of the work, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. 4i8 BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Motorola Communications and Electronics, Inc., made to the City in the total amount of $65,094.00 for furnishing and installing a CCTV Surveillance System in the Roanoke City Courts Facility, such bid being in full compliance with the City's plans and specifications and as provided in the contract documents offered said bidder, such work to be completed on or before March 15, 1983, is hereby ACCEPTED; 2. The City Manager or the Assistant City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, the requisite contract with Motorola Communications and Electronics, Inc., incorporating therein such company's proposal made therefor and the City's plans and specifications therefor, said contract to be in form as 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1982. No. 26301. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same arehereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Parks, Recreational & Cultural Parks and Recreation (1-7) ...................................... Non-Departmental General Fund Contingency Reserve (8) ............................ $ 1,801,109.85 764,382.85 15,815,510.15 277,748.15 (1) Salaries & Wages (A01711010002) (2) Extra Help (A01711010005) (3) Fees for Professional Services(A01711020010) (4) Materials and Supplies (A01711030005) (5) Telephone (A01711031005) (6) Travel and Education (A01711033005) (7) Management Services (A01711060017) (8) Contingency Reserve (A01941032006) $10,535.85 1,000.00 2,000.00 3,000.00 900.00 1,000.00 600.00 (19,035.85) 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 13th day of December, 1982. No. 26302. A RESOLUTION authorizing the City Manager to submit to the United States Department of Housing and Urban Development (HUD) a request to draw down funds totalling $80,000 of the City's Community Development Block Grant funds, and authorizing the commitment of such funds as a loan loss reserve in connection with the issuance of $800,000 in mortgage revenue bonds by the City of Roanoke Redevelopment and Housing Authority, such commitment of the City's CDBG funds to be subject to the prior written approval of HUD. BE IT RESOLVED by the Council of the City of Roanoke that: 1. H.B. Ewert, City Manager, is hereby authorized to submit to the United States Department of Housing and Urban Development (HUD) a request to draw down from the City's Community Development Block Grant funds in a lump sum, funds sufficient to total $80,000 to establish a loan loss reserve, as requested in a report of the City Manager to Council dated December 13, 1982. 2. The City Manager, after receiving the prior written approval of HUD of the draw- down of the above described funds, and of the manner in which and the purpose for which such funds will be expended, and after obtaining the approval of the draw-down agreement by the City Attorney and Director of Finance, is authorized to commit such funds as a loan loss reserve in connection with the issuance of $800,000 in mortgage revenue bonds by the City of Roanoke Redevelop- ment and Housing Authority, subject to the terms and conditions set out in the aforementioned report of the City Manager. APPROVED ATTEST:~ ~ ~' ~~___ City Clerk May or IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1982. No. 26303. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Airport Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-93 Airport Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROP RIAT IONS AIP Project No. 3-51-0045-01 (1-3) ........................................... $11,205,872.80 ADAP Project No. 651004513 (4) ............................................... - 0 - Airport Five-Year Capital Improvement Program (5) ............................ 572,233.00 REVENUE Due from Federal Government $ 9,971,728.14 AIP Project No. 3051-0045-01 (6) ........................................... 6,996,521.00 Contributed Capital (7) ...................................................... 20,165,206.13 (1) AIP Project No. 3-51-0045-01 (2) AIP Project No. 3-51-0045-01 (3) AIP Project No. 3-51-0045-01 (4) ADAP Project No. 651004513 (5) Airport Five-Year Capital Improve- ment Program (6) AIP Project No. 3-51-0045-01 (7) Contributed Capital (A04511091901) (A04511091901) (A04511091901) (A04511092101) (A04511092501) (X04113211) (x04935501) $ 3,506,229.80 527,233.00 (527,233.00) (3,506,229.80) 527,233.00 527,233.00 527,233.00 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 December, 1982. No. 26304. AN ORDINANCE to 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). WHEREAS, said Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia. WHEREAS, from time to time, certain of these State Code sections have been amended by the General Assembly. WHEREAS, such amendments are a matter of public record which are set forth in the Code of Virginia. WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with 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 1 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. In order to provide for the usual daily 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 13th day of December, 1982. No. 26306. AN ORDINANCE amending and reordaining Section 19-45, Rates, Code of the City of Roanoke (1979), as amended, in order to establish new rates for 1983 and 1984, for business, professional and occupational license taxation; providing for an effective date of the provisions of this ordinance to be codified; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 19-45, Rates, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 19-45. Rates. Except as otherwise provided in this chapter, effective January 1, 1983, the BPOL license tax rates per one hundred dollars ($100.00) of gross receipts from the business, profession or occupation for the prior calendar year (or for such other applicable period) for the categories and subcategories set forth in the section immediately above, during the periods set forth, shall be as follows: Category January 1~ 1983 January 1, 1984 (and thereafter unless otherwise ordained) 1. Contracting and persons con- structing for their own account for sale $33.00 + 14~/$100 $30.00 + 14~/$100 2. Retail Sales $33.00 + 32~/$100 $30.00 + 29~/$100 3. Financial, real estate (except appraisers, brokers and sales- men) and professional services (a) Loan Company (b) Installment Paper (c) Mortgage Company $12.00 + 65~/$100 506/$100 50~/$100 506/$100 $11.00 + 59~/$100 50~/$100 506/$100 506/$100 Repair, personal and business services and all other businesses and occupations not specifically listed or excepted in this chapter $33.00 + 41~/$100 $29.00 + 37~/$100 (a) Bath Service 36~/: (b) Barber and Beauty Shop 366/: (c) Billiard Parlor 366/: (d) Bowling Alley 366/I (e) Directory Service 366/: (f) Health Spa 366/: (g) Moving, Hauling and Transfer 36~/: (h) Pawnbroker 366/: ;100 36~/$100 ;100 366/$100 ;100 366/$100 ;100 36~/$100 ;100 366/$100 ;100 366/$100 ;100 366/$100 ;100 366/$100 2. Numbered paragraph one of this ordinance shall be in full force and effect on and after January 1, 1983. 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 13th day of December, 1982. No. 26308. A RESOLUTION establishing an Economic Development Commission for the City of Roanoke, enumerating the objectives, duties and responsibilities of such Commission, providing for its membership, and providing for other organizational matters. WHEREAS, there is a paramount need to increase economic development within the Roanoke Valley in order to provide jobs for our citizens, particularly our disadvantaged and minority citizens; WHEREAS, there is presently a Valley-wide effort to stimulate economic development by identifying, developing and marketing appropriate sites for industrial and commercial activities; and WHEREAS, as a part of this Valley-wide effort, the Mayor on July 12, 1982, appointed the members of an.Economic Development Commission to further economic development, which Commission Council now wishes to establish formally pursua~to the provisions of Article XIV of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. There is hereby established an Economic Development Commission for the City of Roanoke, which shall have the following objectives: Stimulating, encouraging, and assisting the industrial and commercial development of the City and surrounding areas. Ensuring that adequate sites for industrial and commercial development are identified and developed to meet the needs of the City both in the short term and for the next twenty to thirty years. Attracting new businesses into the area, particularly those capable of providing and willing to provide employment to the disadvantaged and minority segment of the local work force. Ensuring that the lands made available in the City for economic develop- ment are properly marketed and that there is a master plan for their orderly development. e. Assisting existing business and industry in their development in the City. follows: The duties and responsibilities of the Economic Development Commission shall be as Facilitate acquisition of land within and without the City and recommend to City Council the acquisition, for the purpose of encouraging commerce and manufacture, of such lands. Identify sites to provide for adequate industrial and commercial development in the City both for the short term and for the next twenty to thirty years and recommend to City Council actions that should be taken to guarantee that such sites are prepared and available for new and expanding industry and commerce. Ce Make recommendations to City Council regarding the development, preparation, promotion and marketing of those lands acquired by the City for industrial and commercial development, and, where feasible, assist in the promotion and marketing of such lands. de Recommend to City Council from time to time the sale or lease of lands or parts thereof owned by the City for industrial and commercial uses and purposes. Take necessary and appropriate action~ to attract new businesses into the area, including assisting in the obtaining of financing for new or expanding industry and commerce. Make special efforts to coordinate its activities with those of the economic development efforts of the Commonwealth of Virginia, other jurisdictions, the Joint Industrial Fact-Finding Commission, the City of Roanoke Industrial Development Authority, the City of Roanoke Redevelopment and Housing Authority, the Roanoke Valley Chamber of Commerce, the Greater Roanoke Valley Development Foundation, the Roanoke Valley Development Corporation, the Southwest Virginia Community Development Fund, the Gainsboro Neighborhood Development Corporation, the several industrial parks in the Valley and those local corporations engaged in economic development activities. g. Perform any other duties assigned it by City Council. 3. The members of the Economic Develpment Commission shall serve at the pleasure of City Council and shall be appointed in the manner set out in Section 2-281, Code of the City of Roanoke (1979), as amended. A chairman for the Commission shall be selected by the Mayor from those who are members of the Commission. The members of the Commission and the initial Chairman shall be: James O. Trout, Chairman Jane B. Bulbin H. B. Ewert Beverly T. Fitzpatrick, Jr. Stanley R. Hale L. Graham Haynie Frederick H. Phillips Charles R. Saul Jack C. Smith Noel C. Taylor William White Brian J. Wishneff and such other members as City Council may from time to time appoint. 4. The Commission shall meet as called by the Chairman. The Commission may form such subcommittees as it deems necessary for the performance of its duties and responsibilities. 5. The Chief of the City's Economic Development Section shall serve as Secretary to the Commission, and shall provide such staff support for the activities of the Commission as may be necessary, within the limits of funds appropriated by City Council for such purposes. The Secretary shall keep the minutes of each meeting of the Commission and file them with the City Clerk. 6. The Economic Development Commission shall execute its duties and responsibilities for a period of three (3) years from the date of adoption of this resolution. The Commission shall be considered abolished as of that date unless City Council prior to that time has provided by resolution for a continuation of the Commission. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of December, 1982. No. 26309. A RESOLUTION accepting a bid to purchase $11,000,000 aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia; fixing certain details of, and the rates of interest to be borne by, such bonds; approving an official statement relating to such bonds; authorizing the execution of a certificate relating to such official statement; and ratifying certain acts. WHEREAS, by Resolution No. 25160 adopted by this Council on June 9, 1980, the Director of Finance is authorized to sell all or part of the $15,500,000 principal amount of bonds authorized to be issued by Ordinance No. 24812 adopted by this Council on September 4, 1979, and approved at an election held on November 6, 1979; and WHEREAS, such Ordinance No. 24812 provides that the proceeds of the bonds, the issuance of which is authorized therein, be expended in specific amounts for certain needed public improve- ments of the City and that if upon completion of a needed public improvement there is an unexpended balance of the bond proceeds allocated therefore, such balance may be used for one or more of the other public improvements set forth therein; and WHEREAS, certain public improvements referred to in such Ordinance No. 24812 have been abandoned, rendered impossible or unnecessary or otherwise completed and accomplished, and the Council of the City has determined to use the bond proceeds previously allocated to such public improvements for certain other of the public improvements of the City set forth in Ordinance No. 24812; and WHEREAS, such Resolution No. 25160 provides that the bonds authorized to be sold there- under shall be offered for sale at one time or from time to time and either alone or contemporaneous- ly with other general obligation bonds of the City, as the Director of Finance may deem to be in the best interests of the City; and WHEREAS, $4,500,000 of the bonds authorized by Ordinance No. 24812 and Resolution No. 25160 have heretofore been issued and sold and the Director of Finance deems it in the best interest of the City to issue and sell the remaining $11,000,000 principal amount of the bonds authorized by Ordinance No. 24812 and Resolution No. 25160, such bonds to be designated "Public Improvement Bonds, Series 1982" (hereinafter referred to as the "Bonds"); and WHEREAS, pursuant to Resolution No. 25160 this Council has reserved the right to change the limitations on the details of bonds authorized therein and authorized the Director of Finance to determine the details of the Bonds and to publish in a newspaper of general circulation in the City, and a financial journal published in the City of New York, New York, a notice of sale in the form prescribed by the Director of Finance; and WHEREAS, the Director of Finance has determined that the Bonds should be issued without option of redemption prior to their stated maturities; and WHEREAS, the Director of Finance has otherwise fixed the details of the Bonds in variance with the provisions of Resolution No. 25160 and, pursuant to the authority contained in Resolution No. 25160, has caused to be published a notice of sale on December 7, 1982, in the Roanoke Time & World News, a newspaper of general circulation in the City, and in The Bond Buyer, a financial journal published in the City of New York, New York, providing that sealed proposals for the purchase of the Bonds would be publicly opened before the Mayor and members of this Council at 11:00 a.m., Virginia time, on December 14, 1982; and WHEREAS, pursuant to such notice of sale the following proposals for the purchase of the Bonds were received, each accompanied by a certified or cashier's check for $110,000 payable to the City; Name of Bidder Premium Offered True or Canadian Interest Cost Smith Barney, Harris Upham & Co., Incorporated .0036446 7.87229% Citibank, N.A. For the Joint Managers and Associates None 8.50 Chemical Bank and Associates .0131010 7.926036 Bankers Trust Company & Associates .0003889 7.9335 Chase Manhatten Bank Bank of Virginia and Associates .0002964 8.0640 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. After due consideration of all the proposals listed above, this Council hereby finds and determines that (a) Smith Barney, Harris Upham & Co., Incorporated, (the "Purchaser") is a responsible bidder, (b) of the proposals received for the purchase of the Bonds the proposal of the Purchaser is the offer to purchase the Bonds at the lowest "True" or "Canadian" interest cost to the City, computed in accordance with the aforesaid notice of sale, (c) such proposal is the best proposal received for the purchase of the Bonds, (d) such proposal is in conformity with the aforesaid Notice of Sale and (e) such proposal should be accepted. 2. The proposal of the Purchaser to purchase the Bonds, the Bonds to bear interest at the rates set forth in paragraph 3 hereof, at the price of $11,000,000 plus a premium of $40~091.00 and accrued interest from the date of the Bonds to the date of their delivery to the Purchaser, shall be and hereby is accepted, and all other proposals received as aforesaid for the purchase of the Bonds shall be and hereby are rejected. 3. The Bonds shall be dated as of December 15, 1982 and shall be in coupon form of the denomination of $5,000 each. Notwithstanding the limitations on the details set forth in Resolution No. 25160, the Bonds shall mature on December 15 without option of prior redemption in each of the years and in the amounts set forth below, with the bonds maturing in each year to bear interest payable semiannually on each June 15 and December 15, commencing June 15, 1983, at the rate per annum set forth opposite such year, to wit: Year of Principal Amount Interest Maturity Maturing Rate 1984 $ 200,000 7.75 % 1985 600,000 7.75 1986' 1,100,000 7.75 1987 1,100,000 7.75 1988 1,100,000 7.75 1989 1,200,000 7.75 1990 1,300,000 7.75 1991 1,400,000 8.00 1992 1,500,000 8.10 1993 1,500,000 8.25 principal of and interest on the Bonds shall be payable in lawful money of the United States of America at the principal office of The Bank of Virginia Trust Company, in Richmond, Virginia, or, at the option of the holder, at the principal office of Bankers Trust Company, in New York, New York. 4. Ail action taken to date by the officers, employees, agents and attorneys of the City with respect to the sale of the Bonds, including the action of the Director of Finance in determining the details of the Bonds as set forth in paragraph 3 hereof, in causing to be published the Notice of Sale of the Bonds as aforesaid and in causing to be distributed copies of a Preliminary Official Statement dated December 6, 1982, relating to the Bonds, including the Notice of Sale of the Bonds and a form of Proposal for Bonds, in the respective forms thereof presented at and hereby ordered filed with the minutes of this meeting, and the form and contents of such Notice of Sale, of such Preliminary Official Statement and of such Proposal for Bonds, be and they hereby are approved, ratified and confirmed. 5. This Council hereby finds and determines that of the $2,880,000 of bonds authorized by Ordinance No. 24812 to finance sidewalks, streets, highways and bridges there is or will be an unexpended balance of $304,000; that of the $2,515,000 of bonds authorized by Ordinance No. 24812 to f£nance parks and recreational facilities there is or will be an unexpended balance of $119,761; and that the cost of storm drains required to be financed exceeds the $4,410,000 authorized by Ordinance No. 24812. In accordance with the provisions of the last sentence of Section 1 of Ordinance No. 24812 the unexpended balance of the proceeds of bonds authorized by such Ordinance for sidewalks, streets, highways and bridges and for parks and recreational facilities shall be used to finance storm drains. Accordingly, the proceeds of the sale of the Bonds will be expended as follows: Public sidewalks, streets, highways and bridges $2,576,000 System of storm drains 3,396,000 Libraries, fire stations and other public buildings 2,395,000 Public parksand other recreational purposes 1,333,000 Public schools 1,300,000 6. The good faith check accompanying the proposal of the Purchaser to purchase the Bonds shall be deposited by the City Treasurer and the proceeds thereof applied in accordance with the terms of the aforesaid Notice of Sale, and the good faith checks accompanying the other proposals received as aforesaid for the purchase of the Bonds shall be forthwith returned. 7. The City Manager and the Director of Finance of the City are hereby authorized to execute for and on behalf of the City, and to deliver, copies of the Official Statement dated December 14, 1982 relating to the Bonds in substantially the form thereof presented at and hereby ordered filed with the minutes of this meeting and the form and contents of such Official Statement be and they hereby are approved, ratified and confirmed. The City Manager and Director of Finance are hereby further authorized to execute for and on behalf of the City, and to deliver, a certificate substantially in the form described in said Official Statement under the caption "Certificate Concerning Official Statement." 8. This resolution shall take effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1982. No. 26310. A RESOLUTION commending the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for his role in the magnificent Centennial celebration of our City. WHEREAS, in 1979, the Honorable Noel C. Taylor, Mayor of the City of Roanoke, suggested the appointment of a Centennial Commission to plan appropriate celebrations and activities for the City's Centennial Year, and such Commission planned a year of festivities and celebrations, including a New Year's Eve celebration in the City Market, a gala at the Civic Center, a Centennial parade which was indeed "the parade of the century," a Fourth of July celebration with a giant birthday cake and a Preservation Conference and Neighborhood Festival, and all these events had the effect of renewing a sense of togetherness and pride of Roanoke's people, an accomplishment of which Mayor Taylor can be justly proud; WHEREAS, under the inspirational leadership of Mayor Taylor, this City was, during the Centennial Year, awarded the All-America City Award for the third time, thus joining a very small number of cities to be so honored a third time; WHEREAS, during Roanoke's Centennial Year, construction on significant capital improvements such as the Roanoke Valley War Memorial, Elmwood Park improvements, Century Square Park, Courthouse, Transportation Center and Williamson Road Parking Garage, either began or was completed, and these facilities will serve Roanoke well into its second century; WHEREAS, Mayor Taylor has recognized that the key to the future of our City is economic development, and during the Centennial Year, he appointed an Economic Development Commission to identify and prepare industrial sites thereby bringing jobs, which will benefit all our citizens, particularly the poor and disadvantaged, to the City; THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke adopts this means of recognizing the contributions of and expressing its gratitude to the Honorable Noel C. Taylor who recommended an inspiring Centennial celebration in which we could all take pride and whose leadership foresight, inspiration and dedication have been essential elements in making Roanoke's designation as the "Star City of the South" a reality. ATTEST: City Clerk APPROVED Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26305. AN ORDINANCE amending and reordaining subsection (b) of S2-281, Appointment and qualifica- tions of members, and S2-285, Reports to council; filing of minutes, of the Code of the City of Roanoke (1979), as amended, and further amending such Code by enacting new ~2-281.1, Limitation on terms, and 2-283.1, Vacation of office because of absences, the amended and added sections providing for consideration of georgraphic representation in appointments to permanent boards, authorities, commissions and committees, establishing a limitation on terms, providing for vacation of office because of certain absences and requiring an annual report; and providing for review by Council of the effectiveness of the procedures established by this ordinance in one year. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (b) of Section 2-281, Appointment and qualifications of members, and Sec- tion 2-285, Reports to council; filing of minutes, of the Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: Section 2-281. Appointment and qualifications of members. (b) Membership on boards, authorities, commissions and committees shall, except where required for a specific reason or an unusual circumstance, be restricted to residents of the City. Appointments by the Council to authori- ties, boards, commissions and committees shall be based upon qualifications acquired through experience, training and education, interest, willingness to serve and dedication to promoting the best interests of the City and its resi- dents. Membership shall not be restricted by race, creed, color, sex or religion. It is the intent of Council to have a membership balance among the various interests in the City, and, it being the further intent of Council to achieve balanced representation of the various neighborhoods and sections of the City on permanent boards, authorities, commissions and committees to which Council makes appointments, Council shall, in making appointments, give due consideration to the geographic location of the proposed appointee's residence and existing geographic representation on the board, authority, commission or committee to which appointment is proposed. Section 2-285. Reports to council; filing of minutes. (a) Each permanent board, authority, commission or committee established by Council shall make a written report to the Council within sixty (60) days of the conclusion of each fiscal year which shall summarize the work of such board, authority, commission or committee for such fiscal year. Such report shall include therein a report of attendance of its membership at regular and special meetings of such body for the previous fiscal year. Such reports shall be filed with the City Clerk and forwarded to the members of Council by that Office. Each board, authority, commission or committee shall also file copies of its minutes with the City Clerk, and copies of such minutes shall be kept on file in that Office for public inspection. 4Z6 (b) Ad hoc committees and commissions appointed by Council shall make periodic reports to the Council as to the progress of their assigned duties and responsibilities. 2. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the additionof the following new sections: Section 2.281.1. Limitation on terms. After completion of three consecutive complete terms of office, no member of a permanent board, authority, commission or committee shall be eligible for reappointment to the same office for the term next succeeding; provided, however, persons holding membership on a permanent board, authority, commission or committee on the date of adoption of this ordinance shall be eligible to serve three additional consecutive complete terms of office on the same board, authority, commission or committee. Section 2-283.1. Vacation of office because of absences. Absence of any member from three consecutive regular meetings of any permanent board, authority, commission or committee, absent exigent circumstances which shall be approved by Council, shall vacate such member's position on such board, authority, commission or committee. The chairman of eaCh permanent board, authority, commission or committee or his designee, who may be a staff person or other non-member of such board, authority, commission or committee, shall keep a record of attendance of members at each meeting of such permanent board, authority, commission or committee, and the chairman shall make a written report to Council of any absence by a member of such permanent board, authority, commission or committee from three consecutive regular meetings together with any statement concerning the circumstances surrounding such absences as may be obtained from such member. 3. The policies and procedures established by this ordinance shall be reviewed by Council after this ordinance shall have been effective for one year, and the City Clerk is directed to advise Council at the appropriate time for such review. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26307. AN ORDINANCE providing for the lease of the Mill Mountain Zoo and for the operation of the miniature train at the Zoo. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of theCity, and the City Clerk is authorized to attest: (a) a deed of lease, whereby the City shall lease to Mill Mountain Zoo, Inc., the Mill Mountain Zoo property for a term, beginning October 1, 1981, and terminating December 31, 1983, in consideration of the lessee's operation of the Zoo; and (b) an agreement between the Roanoke Jaycees, Inc., Mill Mountain Zoo, Inc., and the City, providing for the operation by Roanoke Jaycees, Inc., for a term beginning April 11, 1979, and terminating December 31, 1983, of the miniature train at Mill Mountain Zoo. These documents may contain such other terms and conditions as the City Manager may require and shall be in such form as is approved by the City Attorney. APPROVED ATTE ST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26312. AN ORDINANCE authorizing the City Manager to execute a contract with Frantz and Chappelear to provide architectural and engineering work with regard to certain additions and alterations to the existing Courthouse Building; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk shall be authorized to execute and attest, respectively, an architectural and engineering services contract with Frantz and Chappelear, of Roanoke, Virginia, for certain basic services for floor space use programming, schematic design, design development, construction documents, bidding, and construction inspection of alterations and additions proposed for the existing Courthouse Building, such services being more particularly set for in a report of the City Manager dated December 27, 1982. 2. The compensation to Frantz and Chappelear for basic services, additional services and reimbuseable expenses shall not exceed the sum of $165,750. Attorney. The form of the contract with Frantz and Chappelear 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. ATTE ST: H~/~/~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26313. AN ORDINANCE authorizing the assignment of certain contracts between the City of Roanoke and Delta Associates, Inc., to Delta Associates P.E., Inc., and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, and the City Clerk is author- ized to attest documents, in such form as is approved by the City Attorney, approving the assignment by Delta Associates, Inc., a Georgia corporation, to Delta Associates P.E., Inc., a Virginia corpora- tion, of the contracts with the City for the following projects: Project No. VA 7909-C, Design of Airport Access Road and Parking Lot, as authorized by Ordinance No. 24554, adopted March 12, 1979. Projects No. VA 8107-C and 8228-C, Engineering and Design of Airport Runway 23 Extension - Phases I and II, as authorized by Ordinance No. 25384, adopted November 24, 1980. Be Projects No. 8204-C and 8205-C, Storm Sewer Improvements, as authorized by Ordinance No. 25692, adopted July 27, 1981. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26314. AN ORDINANCE authorizing the City Manager to execute three contracts pertaining to the construction of Phase II of the extension of Runway 23 at the Municipal Airport; 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, and the City Clerk is authorized to attest, the following contracts described in a repor~ of the City Manager to Council dated December 27, 1982, and relating to the construction of Phase II of the extension of Runway 23 at the Municipal Airport; all such contracts to be in such form as is approved by the City Attorney, and to be approved by the Federal Aviation Administration prior to execution: Amendment No. 3 to the contract with Delta Associates, P.E., Inc., providing for construction administration of Phase II, for the lump sum amount of $136,000, and certain resident inspection services, to be provided at an hourly rate for an amount not to exceed $220,000. Agreement with Soil & Material Engineers, Inc., for continuous soil and other material testing during the construction of the runway extension, for an amount not to exceed $160,000. Co Agreement with Buford T. Lumsden & Associates, P.C., for surveys, in an amount not to exceed $35,000. 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 27th day of December, 1982. No. 26315. AN ORDINANCE authorizing the City's execution of a License for a Pipeline Facility with Norfolk and Western Railway Company providing for a right to the City to construct a pipeline across a right-of-way owned by said company; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized and empowered on behalf of the City to execute, in the name of the City, a License for Pipeline Facility granting to the City, for the consideration set forth in such license, the right to enter uPon and construct an underground pipeline across a right-of-way owned by Norfolk and Western Railway Company in accordance with a letter dated June ]6, ]982 from the Office of the Chief Engineer, Norfolk and Western Railway Company; 2. The City will agree to imdemnify and save harmless the company, its officers, agents and employees against loss or damage arising out of the exercise of such license and to certain other conditions set forth in such agreement which shall be approved as to form by the City Attorney; and 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: ~~.,~ C±ty Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26316. AN ORDINANCE authorizing the City Manager to enter into a new agreement with Local No. 55, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, relative to services of such independent contractor at the Roanoke Civic Center, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to enter into an agreement with Local No. 55, International Alliance of Theatrical Stage Employees and Moving Pic- ture Machine Operators, providing for the provision of certain services at the Civic Center by such independent contractor, providing for an increase of five percent in the fees paid for such services and providing for a term commencing on December 27, 1982, and continuing until terminated by agree- ment by the parties, and upon certain other terms and conditions, 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. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26317. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Health and Welfare $ 8,506,467.38 Employment Services - Food Stamp Recipient Program (1-2) .... 20,766.00 Non Departmental 15,837,820.00 Fringe Benefits (3) ......................................... 6,468,190.00 REVENUE Grants-in-Aid Commonwealth $31,094,043.45 Welfare (4) ................................................. 5,595,986.00 (1) Salaries & Wages (2) Management Serv. (3) Retirement Contri- but ions (4) Employment Services - Food Stamp Program (A01531710002) (A01531760017) (A01911011005) (R01061535) $15,438.00 2,054.00 3,274.00 20,766.00 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 December, 1982. No. 26318. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $ 8,506,467.38 Employment Services - Aid to Dependent Children (1-5) ........ 130,926.00 Non Departmental 15,845,951.99 Fringe Benefits (6) .......................................... 6,476,321.99 REVENUE Grants-in-Aid Commonwealth $31,094,043.45 Welfare (7-8) ................................................ 5,595,986.00 (1) Salaries & Wages (A01531610002) $ 38,340.34 (2) Fees for Prof. Services(A01531620010) 64,000.00 (3) Transportation (A01531620061) 6,707.00 (4) Stationery & Office (A01531630005) 2,500.00 (5) Purchased Services (A01531650033) 11,246.67 (6) Retirement Contri- butions (A01911011005) 8,131.99 (7) Employment Ser. - ADC (R01061530) 130,926.00 (8) Public Assistance (R01061505) (130,926.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTE ST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26319. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety $13,139,266.45 Jail (1) ................................................... 1,552,967.00 Grants-in-Aid Commonwealth 31,094,060.45 Jail (2) ................................................... 1,331,963.00 (1) Fees for Prof. Services (2) City Jail (A01331020010) (R01063007) $20,783.00 20,783.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: ~ity Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26322. AN ORDINANCE providing for the City's acquisition of 415 acres of land lying in Roanoke County and Botetourt County, Virginia, in the Carvins Cove Watershed; and providing for an emergency BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Burruss Land and Lumber Company, Incorporated, to sell and convey to the City all of the fee simple title to land described as being 415 acres, more or less, lying near the Bennett Springs access road and to the east of 189.3 acres purchased from Mason H. Littreal, et ux., by deed dated August 27, 1981, Roanoke County Deed Book 1174, page 687, for the sum of $166,000.00, is hereby ACCEPTED. The proper City officials are authorized to negotiate and enter into on the City's behalf an appropriate contract of sale for this transaction, if they deem such a course is necessary. 2. 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 land, free and clear of all encumbrances and major title objections and exceptions (except as such may be approved by the City Attorney) and containing general warranty and modern English covenants on behalf of the grantor, Burruss Land and Lumber Company, Incorporated, such deed to be in such form as approved by the City Attorney, the proper City officials shall be authorized to issue and deliver to such person or persons as are certified by the City Attorney to be entitled thereto, such purchase price, less any amount due to be paid by said grantor as taxes and other appropriate charges. 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. ATTE ST: ~~ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26324. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Fund 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 1982-83 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Improvement Reserve $12,471,029.49 Public Improvement Bonds, Series 1982 (1-5) .................. 11,000,000.00 (1) Public sidewalks, streets, highways & bridges (2) System of storm drains (3) Libraries, fire stations & other public buildings (4) Public parks & other recreational purposes (5) Public schools (A08310172701) (A08310172702) (A08310172703) (A08310172704) (A08310172705) $2,576,000.00 3,396,000.00 2,395,000.00 1,333,000.00 1,300,000.00 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 27th day of December, 1982. No. 26327. AN ORDINANCE authorizing the execution of a contract for the operation of an electronic ticketing system at the Roanoke Civic Center; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract or contracts, on such form as approved by the City Attorney, with Ticketron, a Division of Control Data Corporation, for the latter's provision to the City of an electronic ticketing system at the Roanoke Civic Center. This contract shall carry a three-year term, from January 1, 1983 through December 31, 1985, and shall provide for (1) the City's payment to Ticketron of $.20 to $.22 per ticket for sales at remote facilities and of $.07 to $.08 for each ticket sold through the Civic Center box office via Ticketron's equipment; (2) for ticket purchasers to pay Ticketron $.75 per ticket for purchases at remote facilities; and (3) for Ticketron's payment to the City of $.20 per ticket for sales of tickets to non-civic center events, effected at the Roanoke Civic Center. 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 27th day of December, 1982. No. 26328. AN ORDINANCE authorizing certain agreements and contracts to be entered into with Blue Cross of Southwestern Virginia and Blue Shield of Southwestern Virginia to provide medical and health services 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 the following documents with Blue Cross of Southwestern Virginia and Blue Shield of Southwestern Virginia for the provision of certain medical and 'health services to employees of the City and members of their families: (1) a Group Contract for medical and health services as described in a report of the City Manager to Council dated December 27, 1982, as Plan II, for the period January 1, 1983, to December 31, 1983, and (2) any other necessary or appropriate agreements setting forth the terms of the contract and the obligations of each party to the contract. All such agreements and contracts 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 ATTE ST: ~/z'~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26329. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education $36,343,798.00 Capital Outlay (1-5) ........................................ 520,457.00 (1) School Buses (2) Roof Renovation (3) Furn. & Equip. - Operational (4) Other Capital Outlay (5) Mini Computers (A01611290101) (A01611290102) (A01611290105) (A01611290119) (A01611290106) $160,000.00 125,175.00 138,800.00 47,282.00 49,200.00 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 27th day of December, 1982. No. 26330. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Fund 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 1982-83 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Improvement Reserve $11,171,029.49 Public Improvement Bonds, Series 1982 (1) ..................... 9,700,000.00 Schools Fleming High - Gymnasium (2) .................................. Patrick Henry High - Gymnasium (3) ............................ Garden City- Gymnasium (4) ................................... Westside - Gymnasium (5) ...................................... $ 2,138,352.91 331,623.00 327,723.00 316,827.00 323,827.00 (1) Public Schools (2) Fleming High - Gymnasium (3) Patrick Henry High - Gymnasium (4) Garden City - Gymnasium (5) Westside - Gymansium (A08310172705) (A08160190501) (A08160190601) (A08160190701) (A08160190801) $(1,300,000.00) 331,623.00 327,723.00 316,827.00 323,827.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED 434 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of December, 1982. No. 26331. AN ORDINANCE providing for the City's acquisition of an option to purchase from Builders Investment Group the Countryside Golf Course real estate and surrounding land; 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, and the City Clerk is authorized to attest, an option to purchase from Builders Investment Group (BIG), the following real estate lying in the City of Roanoke, Virginia: Ail of the fee simple (except as to leasehold estates) title in and to BIG's real estate lying in the City of Roanoke, Virginia, as described in deed of trust dated September 7, 1979, Roanoke City Deed Book 1445, page 1651, from BIG to Walter F. Witt, Jr., and David S. Cohn, trustees, LESS AND EXCEPTING: (a) The property conveyed by BIG in the following deeds: (i) dated May 19, 1977, Deed Book 1401, page 800, to the City of Roanoke, Virginia; (ii) dated May 31, 1980, Deed Book 1454, page 744, to Ralph K. Smith and Carole V. Smith. (b) The property of BIG described in Ordinance No. 26228, adopted September 27, 1982. The consideration for this option shall be the City's purchase for $133,800 from BIG of 14 lots, described in Ordinance No. 26228, adopted September 27, 1982; the purchase price for the optioned property shall be $1,500,000, less the $133,800 purchase price for the above 14 lots; and the term of the option shall be 120 days from and excluding December 15, 1982. The option may contain any other terms required by the City Manager and shall be in such form as is approved by the City Attorney. 2. Authority for the City to exercise the option or not shall be granted by this Council, upon the recommendation of its Economic Development Commission. 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 3rd day of January, 1983. No. 26311. AN ORDINANCE authorizing the lease of the City Market Building to Downtown Associates, 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, respectively, to execute and attest for and on behalf of the City a lease for the City Market Building in such form as is approved by the City Attorney, with Downtown Associates, providing for an initial term of twenty years with the lessee having the option of renewing the lease for two additional ten-year periods, provided that under no circumstances shall the term of the leasehold exceed forty years, such lease commencing on January 1, 1983, for an annual rent of the greater of (1) $1,000 or (2) five percent (5%) of the lessee's unadjusted gross annual income derived from the lease of the City Market Building that is in excess of fifteen percent (15%) of the annual return on the lessee's actual cash equity in the renovation and rehabilitation of the City Market Building and in excess of the annual interest payment on the debt service on the renovation and rehabilitation of the leased premises; such lease to contain such other terms and conditions as are approved and required by the City Manager. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26320. AN ORDINANCE authorizing and directing the proper City officials to enter into a lease between the City, the School Board of the City of Roanoke and the Young Men's Christian Associa- tion of Roanoke, Virginia, for use of the Jefferson High School gymnasium, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are authorized and directed to execute and attest, respectively, on behalf of the City, a lease, in such form as is approved by the City Attorney, providing for use and occupancy of the Jefferson High School gymnasium by the Young Men's Christian Association of Roanoke, Virginia. The School Board of the City of Roanoke shall also be a party to such lease. The lease shall provide for a one-year lease, renewable on a year-to- year basis with the consent of the lessor, for a total lease term not to exceed five years in exchange for nominal rent and payment of utilities and janitorial service by the lessee. Such lease shall commence January 17, 1983 and 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 3rd day of January, 1983. No. 26321. AN ORDINANCE implementing a plan to dispose of surplus real estate owned by the City. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The appropriate City Officials are authorized and directed to implement the plan to dispose of those parcels of surplus real estate recommended for sale, set forth on Lists I and II in the report to Council dated December 20, 1982 from the Water Resources Committee. This plan involves the solicitation of proposals for the purchase of the property on List I from any person and the offering of parcels on List II to adjoining landowners (as determined by the City Manager) for their assessed value or for any other bona fide consideration. The City Manager will report the results thereof to the Water Resources Committee, which will cpnsider the proposals and, where appropriate, recommend that Council approve the sale of the real estate in question. The City shall, in every case, reserve the right to reject any proposal. 2. The Mayor is hereby authorized to execute and deliver, and the City Clerk is authorized to attest, the requisite deeds, on such form as approved by the City Attorney and prepared by the grantee, conveying with no warranty of title and for no consideration, to the adjoining landowners (as determined by the City Manager) the following real estate lying in the City of Roanoke, Virginia: Description Official Tax Number .34 acre, Ferdinand Avenue, S.W. 1220805 .75 acre, east end, Memorial Bridge 1222402 and 1222403 .04 acre, Orange Avenue, N. W. 2020222 .01 acre, Tyler Avenue, N. W. 2750611 .07 acre, 1-581 3070103, 3070104, 3070120, 3070121 .165 acre, Route 24 4013514, 4013518, 4013522, 4013601, 4013603, 4013604. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26323. AN ORDINANCE providing for the City's release to Eugene B. Knighton of a deed restriction as to the northerly portion of original Lot 2, Section 1, Liberty Land Company Map, under certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, and the City Clerk is authorized to attest, the requisite instrument, on such form approved by the City Attorney, providing for the release to Eugene B. Knighton of a covenant prohibiting fill or construction as to a portion of Lot 2, Section 1, Liberty Land Company Map, Roanoke, Virginia, which covenant is contained in deed dated October 16, 1978, from the City to Eugene B. Knighton. In consideration of such release, Eugene B. Knighton shall enter into a contract with the City, which the appropriate City officials are authorized to execute, whereby Eugene B. Knighton shall agree to the following terms and conditions with respect to the above real estate: (a) the lot shall be graded so that drainage from and across the lot flows generally toward Williamson Road; (b) Eugene B. Knighton shall grant to the City a 25-foot drainage easement across the lot at a location to be agreed upon later between the parties; (c) Eugene B. Knighton shall pay to City in advance the future addi- tional construction cost of excavating for any City purpose through fill dirt placed on the above real estate after December 10, 1982. This contract may contain any other provisions which the City Manager may require and shall be in such form as approved by the City Attorney. ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26325. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Fund Appropria- tions. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Other Public Buildings $7,980,769.19 Knights of Pythias Building 310-312 Campbell Avenue (1) ....... 1,500.00 Fund Balance Unappropriated (2) ............................... 2,183,098.03 (1) Appropriated from General Revenue (2) Fund Balance Unappropriated (A08180191801) (X08937210) $ 1,500.00 (1,500.00) ATTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26326. AN ORDINANCE authorizing the execution of an option to purchase the Knights of Pythias property at 310-312 Campbell Avenue, Roanoke, Virginia. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized and directed to execute, and the City Clerk is authorized to attest, an option, on such form as approved by the City Attorney, to purchase for $83,000 the Knights of Pythias property at 310-312 Campbell Avenue, S. W., Official Tax Number 1011330, Roanoke, Virginia. The term of the option shall extend through June 15, 1983; the cost of the option shall be $1,500, which would be credited against the purchase price; and this instrument may contain any other terms required by the City Manager. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26332. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Fund 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 1982-83 Capital Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $10,518,024.06 Courts Facility Construction (1) ....................... 10,341,117.06 Fund Balance - Unappropriated (2) ...................... 2,082,442.03 (1) Appropriated from General Revenue (2) Fund Balance Unappropriated (A08110190203) (X08937210) $ 100,656.00 (100,656.00) 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 3rd day of January, 1983. No. 26333. AN ORDINANCE providing for the purchase and installation of a sound reinforcement system for the Roanoke City Courts Facility and accepting a certain 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 Lee Hartman & Sons, Inc., made to the City offering to furnish, deliver and install in the Roanoke City Courts Facility a sound reinforcement system meeting all of the City's specifications and requirements therefor for a bid price of $19,788.00 is hereby ACCEPTED. Such equipment shall be installed and tested no later than January 14, 1983. 2. The City Manager or Assistant City Manager is authorized and directed for and on behalf of the City to enter into and execute the requisite contract with the aforesaid firm, such contract to have incorporated into it all of the terms, provisions and conditions contained in the City's plans and specifications made for said work, the bidder's proposal made to the City, and the provisions of this ordinance. Such contract shall be upon such form as is approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26334. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Sewage Treatment Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Operating Expenses $4,853,894.72 Maintenance - Buildings & Property (1) ....................... 468,113.41 Retained Earnings - Appropriated (2) .............................. $2,293,591.01 (1) Maintenance - Buildings and Property (2) Retained Earnings - Appropriated (A03210334005) (X03937205) $47,500.00 47,500.00 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 3rd day of January, 1983. No. 26335. AN ORDINANCE accepting the bid of Roanoke Belt and Rubber Company for relining storage tanks at the City's Sewage Treatment Plant; authorizing the proper City officials to execute the requisite contract; rejecting another bid received for said work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 4 :.u; 9 1. The bid made by Roanoke Belt and Rubber Company for providing all labor, equipment and materials necessary for relining the storage tanks at the City's Sewage Treatment Plant, in accordance with the City's specifications, is ACCEPTED, the amount of said bid being $39,358.00. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City, to execute amd to seal and attest, respectively, the requisite contract with said firm, such contract to incorporate the terms and conditions of this ordinance, the bidder's proposal and the City's plans and specifications made for such work, and to be upon form approved by the City Attorney. 3. The other bid made to the City for such work is hereby REJECTED, and the City Clerk is directed to notify said other bidder and to express the City's appreciation for said 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. ~ A P P R 0 V E D City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26336. AN ORDINANCE approving the City Manager's issuance of Change Order No. 6 to the City's contract with J. M. Turner and Company, Inc., for construction of the Market Square Parking Garage; 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. 6 to the City's contract with J. M. Turner and Company, Inc., of Salem, Virginia, such contract being authorized by Ordinance No. 25811, adopted October 26, 1981. 2. Change Order No. 6 shall provide for a time extension of six consecutive calendar months for Phase I thereby providing for a total of eighteen consecutive calendar months for Phase I. There shall be no change in contract amount as a result of this change order. 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. ATTE ST: / 7 City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26337. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of' the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Contingencies (1) Law Enforcement and Traffic Control (2) ($ 10,900.79) 5,277,658.79 (1) Capital Reserve Increase (A01941090001) (2) Vehicular Equipment Decrease(A01311390010) $17,115.21 17,115.21 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26338. AN ORDINANCE providing for the purchase of certain vehicular equipment for use by the City, upon certain terms and conditions, by accepting certain bids made to the City for furnish- ing and delivering said equipment; rejecting certain 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 in writing of Berglund Chevrolet, Incorporated made to the City and opened December 20, 1982, to furnish to the City the vehicular equipment hereinafter set out and generally described, but more particularly described in the City's specifications and in said bidder's proposals, are hereby ACCEPTED, at the purchase prices set out with each said item: Item No. Quantity and Description Unit Price Total Purchase Price 1 24 - New 1983 Chevrolet Malibu $ 9,691.52 $232,596.48 4-door sedans, police vehicles 2 3 - New 1983 Chevrolet 1/2 Ton $ 8,359.96 $ 25,079.88 pickup trucks, with gasoline engines 3 1 - New 1983 Chevrolet Blazer $10,808.43 $ 10~808.43 Grand Total $268,484.79. 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 proposals, and the terms and provisions of this ordinance. 3. The other bids made to the City for the supply of such vehicles 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: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26339. A RESOLUTION requesting the 1983 Session of the General Assembly to adopt a resolution designating the Roanoke Transportation Museum as the official transportation museum of the Commonwealth of Virginia. WHEREAS, the Roanoke Transportation Museum which was founded in 1963 is owned by the City of Roanoke and operated by the Roanoke Transportation Museum, Inc., a nonprofit corporation. WHEREAS, the museum is the largest transportation museum in the South and the home of "The Pride of the N&W," the Class J steam locomotive; WHEREAS, each year the Transportation Museum serves thousands of visitors from through- out the Commonwealth and from neighboring states; WHEREAS, designation of the Transportation Museum as the official transportation museum of the Commonwealth would serve to publicize the many fine services of the Transportation Museum. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council urges the 1983 Session of the General Assembly to enact a resolution designating the Roanoke Transportation Museum as the official transportation museum of the Commonwealth. 2. The City Clerk is directed to forward attested copies of this resolution to the members of the City's delegation to the General Assembly and to Roanoke Transportation Museum, Inc. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Januarys 1983. No. 26340. A RESOLUTION designating individuals to serve on the Board of the Western Virginia Development Company. WHEREAS, the Executive Committee of the Fifth Planning District Commission (FPDC) has taken steps to establish an organization to be known as the Western Virginia Development Company, which will assist in the financing of new and expanding small businesses in the area; and WHEREAS, the FPDC has requested that City Council designate two individuals to serve on the Board of the Western Virginia Development Company. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Elizabeth T. Bowles, a member of Council, and Brian J. Wishneff, Chief of Economic Development and Grants, are designated to serve on the Board of the Western Virginia Development Company. ATTEST: City Clerk APPROVED ~~ Mayor~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26341. A RESOLUTION of appreciation to Allstate Insurance Company for its donation to the Roanoke Neighborhood Partnership. BE IT RESOLVED by the Council of the City of Roanoke that, on behalf of the citizens of Roanoke, this Council extends its thanks to Allstate Insurance Company for its $1,750.00 donation to the Roanoke Neighborhood Partnership and expresses its appreciation for the generosity and commitment to the City's improvement demonstrated by Allstate Insurance Company. ATTEST: City Clerk APPROVED Mayor ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 1983. No. 26342. A RESOLUTION thanking the Star Quilters Guild for its Centennial gift. BE IT RESOLVED by the Council of the City of Roanoke that this Council, on behalf of the citizens of Roanoke, extends its thanks to the Star Quilters for its beautiful and artfully crafted quilt, given to the City as a Centennial gift and appreciates this gesture of good will shown by the Star Quilters Guild to the City of Roanoke. ATTEST: City Clerk APPROVED Mayor 442 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1983. No. 26343. A RESOLUTION requesting the 1983 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on January 10, 1983, at 7:30 o'clock p.m., in the Council Chamber, Municipal Building, after due and proper publication of the notice of public hearing pursuant to Section 15.1-835, Code of Virginia (1950), as amended, which notice contained, inter alia, an informative summary of each of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to such proposed amendments 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 each pro- posed amendment to such Charter, the Council is of opinion that the 1983 Session of the General Assembly should be requested to amend this City's Charter as hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly of Virginia be and is hereby requested at its 1983 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: Section 2. Powers of the city. In addition to the powers mentioned in the preceding section, the said city shall have power: (1) To raise annually by taxes and assessments in the city such sums of money as the council hereinafter provided for shall deem necessary for the purposes of the city and in'such manner as the council shall deem expedient, in accordance with the Constitution and laws of this State and of the United States; provided, however, that it shall impose no tax on the bonds of said city. (2) To impose special or local assessments for local improvements and enforce payment thereof, subject, however, to such limita- tions prescribed by the Constitution of Virginia as may be in force at the time of the imposition of such special or local assessments. (3) Subject to the provisions of the Constitution of Virginia and of sections forty-seven, forty-eight and forty-nine of this charter, to contract debts, borrow money and make and issue evidence of indebtedness. (4) To expend the money of the city for all lawful purposes. (5) To acquire by purchase, gift, devise, condemnation or otherwise, property, real or personal, or any estate or interest therein, within or without the city or State and for any of the purposes of the city; and to hold, improve, sell, lease, mortgage, pledge or otherwise dispose of the same or any other part thereof. (6) To acquire, in any lawful manner, for the purpose of encouraging commerce and manufacture, lands within and without the city not exceeding any any one time five thousand acres in the aggregate, and from time to time to sell or lease the same or any part thereof for industrial or commercial uses and purposes and for the public purposes of alleviating and preventing conditions of unemployment and strengthening and revitalizing the economy of the city, to exercise the power of condemna- tion to assemble land within the city for development into industrial parks or centers to be provided with roads and public utilities and thereafter sell or lease land from such industrial parks or centers for industrial or commercial uses and purposes. (7) To make and maintain public improvements of all kinds, including municipal and other public buildings, armories, markets, comfort stations or rest rooms and all buildings and structures necessary or appropriate for the use of the departments of fire and police; and to establish a market or markets in and for said city, and to appoint proper officers therefor; to prescribe the time and place for holding the same; to provide suitable buildings and grounds therefor and to make and enforce such rules and regulations as shall be necessary to restrain and prevent huckstering, forestalling and regrading, and for the purpose of regulating and controlling the sale of fresh meats, fresh fish, farm and domestic products in said city the council shall have authority to continue the sale of such articles or products to the public markets and public squares provided by the city for that purpose, and shall have full power and authority to use such streets, avenues or alleys in the city around the public market and public squares as may be necessary to provide for vehicles from which farm and domestic products are offered for sale, and may by resolution or ordinance designate the streets or other public places on or in which all licensed peddlers may sell or offer for sale their goods, wares or merchandise and shall have authority to levy and collect a license tax for the sale of fresh meats and fresh fish, and may impose a curbage tax for each vehicle containing farm and domestic products brought into said city and sold or offered for sale on the market, and to acquire by condemnation or other- wise all lands, riparian and other rights and easements necessary for such improvements, or any of them. (7.1) To own, manage and operate a city auditorium, civic center, coliseum, convention hall, stadium, theater, exhibition hall, or combination thereof, or other place of public assembly, and to permit the use of the same by others upon such terms and for such charges as the council may prescribe; and in order to further the best interests of the public and lead to greater use of any such facilities, to do all things necessary and proper to encourage the use thereof by arranging or engaging shows, plays, exhibitions, performances and all other entertainments of whatsoever nature. Such encourage- ment may, without limitations as to other permissible activi- ties, include the expenditure of city funds to promote such activities and to bring notice to the public of entertainments at such public facilities, engaging persons to bring entertain- ments thereto from which the city may derive income, and the payment of funds to such persons in advance or out of proceeds derived therefrom in connection therewith; and may include entering into agreements with such other persons guaranteeing minimum sums to be payable to such persons for future perfor- mances, provided that at no time shall the aggregate amount of all outstanding guarantees be more than such sum as may be fixed by the council. Notwithstanding any other provisions of this charter, the council may appropriate funds to a special or revolving account in order to engage, advertise and promote any such entertainment and to operate any of the foregoing facilities, and when such fund is created such person or persons as may be designated by ordinance of the council, after providing fidelity bond with corporate surety payable to the city in a penalty not less than the authorized amount of such special or revolving fund, may sign checks against said fund and expend cash therefrom for any of the foregoing purposes. (8) To furnish all local public service, to purchase, hire, con- struct, own, lease, maintain and operate local public utilities, [and] to acquire by condemnation or otherwise, within or with- out the corporate limits, lands and property necessary for any such purpose. (9) To acquire in any lawful manner in any county of the state or without the state such water lands, and lands under water as the council of said city may deem necessary for the purpose of providing an adequate water supply for said city and of piping or conducting the same; to lay all necessary mains; to erect and maintain all necessary dams, pumping stations and other works in connection therewith; to process, filter, or purify such water supply and to add thereto mineral or other substances to make the water more potable or more healthful, or to promote the public welfare; to make reasonable rules and regulations for promoting the purity of its said water supply and for protecting the same from pollution; and for this purpose to exercise full police powers and sanitary patrol over all lands comprised within the limits of the watershed tributary to any such water supply wherever such lands may be located in this state; to impose and enforce adequate penalties for the violation of any such rules and regulations; and to prevent by injunction any pollution or threatened pollution of such water supply and any and all acts likely to impair the purity thereof; and to acquire lands or material for any such use. For any of the purposes aforesaid said city may, if the council shall so determine, acquire by condemnation, purchase or otherwise, any estate or interest in such lands or any of them, or any right or easement therein, or may acquire such lands or any of them in fee, reserving to the owner or owners thereof such rights or easements therein as may be prescribed in the ordinance providing for such condemnation or purchase. The said city may sell or supply to persons, firms or industries residing or located outside of the city limits any surplus of water it may have over and above the amount required to supply its own inhabitants. (10) To establish and enforce water rates and rates and charges for public utilities, or other service products, or conveniences, operated, rendered or furnished by the city; to employ necessary competent inspectors to inspect the reservoirs, watersheds, filtering plants, pumps and pumping machinery and all other equipment of and all sources of water supply of every water company furnishing such w~ter for domestic purposes, or use in the homes, of the inhabitants of the city, to compel any such water company, which owns or operates such reservoirs, watersheds, filtering plants, pumps and pumping machinery or other equipment or source or sources of said water supply to pay the reasonable cost of such inspectors; to give reason- able notice to any such water company of any condition disclosed by any such inspection which, in the opinion of said inspector and of a majority of the city council renders, or unless remedied probably will render the said water or water supply of the city or its inhabitants or any part thereof dangerous or unfit to be used for drinking purposes or general domestic purposes and to require any such water company to remedy any such condition within a reasonable time to be stated in said notice; to specify in said notice the particular acts or things which are required to be done by any such water company to remedy or prevent any such condition of said water or water supply; and if said condi- tion be not remedied by said water company and the acts and things specified in said notice to said water company to be done by it, be not done within the time specified in said notice, and if a majority of said city council shall be resolution, at a meeting of the said council, at which said water company has had reasonable notice and opportunity to produce evidence and be heard, declared that an emergency exists requiring the doing of said acts or things, so specified in said notice or any part of them, to remedy or prevent such unfit or improper water or water supply being provided for or furnished to the inhabitants of the city or any of them, then the city council is hereby empowered and it shall be its duty immediately to do the acts or things so specified in said notice to said water company, and in said emergency resolution, and said city council shall have the power and it shall be its duty, either by withholding the water rentals which may thereafter become due from the city to said water company, to reimburse the city for any amount expended in the doing of said acts or things, or to recover said amount from said water company by any appropriate action at law or suit in equity; provided, however, that the maximum amount which the said city may so expend in any calendar half-yeam period, between January first and June thirtieth, or between July first and December thirty-first, shall not exceed the sum of seven thousand and five hundred dollars; and provided, further, that any such water company shall have the right by proper legal proceedings to have determined whether or not any such expendi- ture which may have been so made by said city was made through abuse of discretion or without probable cause to believe said expenditure a necessary one for the protection of the city's water supply; and if in any such proceeding it shall be finally determined that said expenditure was one not necessary for said purpose, said water company shall recover from the city any water rentals which may have been retained as a reim- bursement for said expenditure; and provided, further, that if said expenditure be found not a necessary one the city shall be entitled to receive from said water company by reason of said expenditure only such amount as under a quantum meruit it may be determined the said water company has received actual benefit of and in justice ought to pay value received for. Per- mitting the growth of algae in an amount which materially affects the purity, taste or smell of such water, so as to render the same unfit for drinking purposes or general domestic use, in the reservoirs or sources of water supply is hereby declared a condition which it is the duty of the city council to prevent or remedy under the powers granted in this subsection. Nothing herein contained shall be construed as in anywise limiting, altering, affecting or impairing the existing duties, jurisdic- tion or powers of the State Corporation Commission or of the State Board of Health or any other agency of the State over water companies in the City of Roanoke or elsewhere, but any existing powers, duties or jurisdiction of the State Corporation Commission, State Board of Health or other agency of the State which are hereby conferred or imposed upon the city council, shall be deemed to be concurrent. (11) To acquire in the manner provided by the general laws any existing water, gas or electric plant, works or system or any part thereof. (12) To establish, open, widen, extend, grade, improve, construct, maintain, light, sprinkle and clean, public highways, streets, alleys, boulevards and parkways, and to alter, or close the same; to establish and maintain parks, playgrounds and other public grounds; to construct, maintain and operate bridges, viaducts, subways, tunnels, sewers and drains, and to regulate the use of all such highways, parks, public grounds and works; to plant and maintain shade trees along the streets and upon such public grounds; to prevent the obstruction of such streets and highways and abolish and prevent grade crossings over the same by railroads in the manner provided by law; regulate the operation and speed of all cars and vehicles using the same, as well as the operation and speed of all engines, cars and trains on railroads within the city; to provide by ordinance for the removal from such streets, highways, alleys, boulevards, parkways and other public places of vehicles and other objects abandoned thereon or left or placed thereon in violation of law or of an ordinance of the city, and to take charge of, impound and thereafter dispose of by sale or otherwise, such vehicles or other objects, any such sale to be held only after the owner or person lawfully entitled to the possession thereof shall have refused to pay the costs of such removal and keeping or after such vehicle or other object shall have remained unclaimed in the custody of the city for not less than sixty days, and, in either case, after notice of such sale, describing the vehicle or object to be sold, shall have been pub- lished for not less than five days in a local daily newspaper of general circulation, and to recover the costs of such removal, keeping and sale; to provide for the condemnation and scrapping or other disposition of abandoned or unclaimed motor vehicles which, by reason of damage or dilapidation, are unsafe and impracticable of repair; to regulate the service to be rendered and rates to be charged by busses, motorcars, cabs and other vehicles for the carrying of passengers and by vehicles for the transfer of baggage; to require all telephone and telegraph wires and all wires and cables carrying electricity to be placed in conduits underground and prescribe rules and regulations for the construc- tion and use of such conduits; and to do all other things whatso- ever adapted to make said streets and highways safe, convenient and attractive. (12.1) To acquire, construct, own, maintain and operate within and without the city, places for the parking or storage of vehicles by the public, which shall include, but shall not be limited to parking lots, garages, buildings and other land, structures, equipment and facilities, any of which may be provided in ~areas or space above or below public streets, sidewalks, or other public places, when in the opinion of the council they are neces- sary to relieve congestion in the use of streets and to reduce hazards incident to such use; provide for their management and control by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose or to provide, by lease or franchise granted by the council, for their management and control by others than the city, authorize or permit others to use, operate or maintain such places or any portions thereof, pursuant to lease ~r agree- ment, upon such terms and conditions as the council may determine by ordinance; and charge or authorize the charging of compensation for the parking or storage of vehicles or other services at or in such places. (12.2) To acquire, in any lawful manner, in fee simple or by easement, land and other property and to construct thereon and own, equip, maintain and operate, within and without the city, airports and all the appurtenances thereof and approach zones and clear zones reasonably necessary therefor, including all facilities deemed necessary for the landing, departure, storage and servicing of aircraft; provide for their management and control by a depart- ment of the city government or by a board, commission or agency specially established by ordinance for the purpose; to charge or authorize the charging of compensation for the use of any such airport or any of its appurtenances; lease any appurtenance of any such airport or any concession incidental thereto or, in the discretion of the council, lease any such airport and its appurtenances with the right to all concessions thereon to, or enter into a contract or contracts for the management and operation of the same or any one or more of them with any person, firm or corporation on such terms and conditions as the council may determine by ordinance; and to have and exercise all other power and authority with respect to aviation and airports accorded to cities under general law. (12.3) To acquire, construct, own, maintain and operate, within and without the city, stadia, arenas, golf courses, swimming pools and other athletic or recreational facilities; provide for their management and control by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose, charge or authorize the charging of compensation for the use of or admission to any such facility, including charges for any services incidental thereto; to regulate the use of the same; to lease, subject to such regulations as may be established by ordinance, any such aforesaid facility or any concession incidental thereto, or enter into a contract with any person, firm or corporation for the management and operation of any such facility, including the right to all concessions incident to the subject of such contract, on such terms and conditions as the council may determine by ordi- nance. (13) To construct and maintain, or aid in constructing and maintaining, public roads, boulevards, parkways, tunnels and bridges beyond the limits of the city, in order to facilitate public travel to and from said city and its suburbs and to and from said city and any property owned by said city and situated beyond the corporate limits thereof, and to acquire land necessary for such purpose by condemnation or otherwise. (14) Subject to the provisions of the Constitution of Virginia to grant franchises for public utilities. (15) To collect and dispose of sewage, offal, ashes, garbage, carcasses of dead animals and other refuse, and to acquire and operate reduction or other plants for the utilization or destruction of such materials, or any of them; or to contract for and regulate the collection and disposal thereof. To compel the abatement of smoke, dust and fly-ash; to regulate and control the installation, alteration and repair of all combustion equipment, and to control and prohibit pollution of the air. (16) To compel the abatement and removal of all nuisances within the city, or upon property owned by the city, beyond its limits; to require all lands, lots and other premises within the city to be kept clean, sanitary and free from weeds; to regulate or prevent slaughterhouses or other noisome or offensive business within said city; the keeping of animals, poultry and other fowl therein, or the exercise of any dangerous or unwholesome business, trade or employment therein; to regulate the transportation of all articles through the streets of the city; to compel the abatement of smoke and dust, and prevent unnecessary noise therein; to regulate the location of buildings or lots where animals or fowls are kept and the manner in which such shall be kept and constructed, and generally to define, prohibit, abate, suppress and prevent all things detri- mental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city. (17) If any ground in the said city shall be subject to be covered by stagnant water or if the owner or occupant thereof shall permit any offensive or unwholesome substance to remain or accumulate thereon, the said council may cause such ground to be filled up, raised or drained, or may cause such substance to be covered or removed therefrom, provided, that reasonable notice shall be first given to the said owner or occupant or his agent. In case of nonresident owners who have no agent in said city, such notice may be given by publication; in which event two insertions of such notice on separate days, in any newspaper published in said city, at least ten days before the first day any action is to be taken shall be sufficient notice. (18) To direct the location of all buildings for storing gunpowder or other explosive or combustible substances, to regulate or prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitrogylcerine, camphene, burning fluid, and all explosive or combustible materials, the exhibition of fireworks, the discharge of firearms, the use of candles and lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed weapons, and to regulate the movement over its streets of dangerous, explosive, or highly combustible materials. (19) To regulate or prohibit the running at large in said city of any or all animals and fowl; to regulate or prohibit the keeping or raising of same within said city, and to subject the same to such levies, regulations and taxes as it may deem proper; to prohibit or regulate the keeping or raising of pigeons or other birds; and to provide for the seizure, impounding, destruc- tion or disposition of any such animal or fowl found running at large or raised or kept in violation of such regulation. (20) To restrain and punish drunkards, vagrants, mendicants and street beggars, and to provide for the treatment of drunkards, alcoholics and drug addicts. (21) To prevent vice and immorality; to preserve public peace and good order, to prevent and quell riots, disturbances and disorderly assemblages; to suppress houses of ill fame, gambling houses and. gambling devices of all kinds, to prevent lewd, indecent or disorderly conduct or exhibitions in the city. (22) To inspect, test, measure and weigh any commodity or article for consumption or use, manufactured, stored, processed or offered for sale within the city, and to establish, regulate, license and inspect weights, meters, measures and scales. (23) To extinguish and prevent fires and compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department or division; to regulate the size, materials and construction of buildings, fences, and other structures hereafter erected in such manner as the public safety and convenience may require; to remove, or require to be removed, any building, structure or addition thereto which by reason of dilapida- tion, defect of structure, or other causes, may have become dangerous to life or property, or which may be erected, contrary to law; to establish and designate from time to time fire limits within which limits wooden buildings shall not be constructed, removed, added to or enlarged, and to direct that any or all future buildings within such limits shall be constructed of stone, natural or artificial, concrete, brick, iron or other fireproof material. (24) To provide for the care, support and maintenance of children and of sick, aged, insane, disabled or poor persons and paupers. (25) To establish, organize and administer public schools, colleges and libraries subject to the general laws establishing a standard of educa- tion for the state. (26) To provide and maintain, either within or without the city, charitable, recreative, curative, corrective, detentive, or penal institutions. (27) To provide for the removal of paupers or dependent persons recently come into the city where permitted by state or federal laws. (28) To provide for the preservation of the general health of the inhabitants of said city, make regulations to secure the same, inspect all food and foodstuffs and prevent the introduction and sale in said city of any article or thing intended for human consumption, which is adulterated, impure or otherwise dangerous to health, and to condemn, seize and destroy or other- wise dispose of any such article or thing without liability to the owner thereof, to prevent the introduction or spread of contagious or infectious diseases; and prevent and suppress diseases generally; to provide and regulate hospitals within or without the city limits, and to enforce the removal of persons afflicted with contagious or infectious disease to hospitals provided for them to provide a department of health, to have the powers of a board of health, for said city, with the authority necessary for the prompt and efficient performance of its duties, with power to invest any or all the officials or employees of such department of health with such powers as the police officers of the city have; to establish a quarantine ground within or without the city limits, and such quarantine regulations against infectious and contagious disease as the said council may see fit, subject to the laws of the State and the United States; to provide and keep records of vital statistics and compel the return of all births, deaths and other information necessary thereto. (29) To acquire by purchase, gift, devise, condemnation or otherwise, lands, either within or without the city, to be used, kept and improved as a place for the interment of the dead, and to make and enforce all necessary rules and regulations for the protection and use thereof; and generally to regulate the burial and disposition of the dead. (30) To exercise full police powers, and establish and maintain a department or division of police. (31) To do all things whatsoever necessary or expedient for promoting or maintain- ing the general welfare, comfort, education, morals, peace, government, health, trade, commerce or industries of the city or its inhabitants. (32) To make and enforce all ordinances, rules and regulations necessary or expedient for the purpose of carrying into effect the powers conferred by this charter or by any general law, and to provide and impose suitable penalties for the violation of such ordinances, rules and regulations, or any of them, by fine not exceeding one thousand dollars or imprisonment not exceeding twelve months, or both, the city may maintain a suit to restrain by injunction the violation of any ordinance notwithstanding such ordinance may provide punishment for its violation. The enumeration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein implied thereby, or appropriate to the exercise thereof, the said city shall have and may exercise all other powers which are now or may hereafter be possessed or enjoyed by cities under the Constitution and general laws of this state. Section 62. Zoning. (1) For the promotion of health, safety, morals, comfort, prosperity, or general welfare of the general public, the council of the city of Roanoke may, by ordinance, divide the area of the city into one or more districts of such shape and area as may be deemed best to suited to carry out the purposes of this Act [section], and in such district or districts may establish, set back building lines, regulate and restrict the location, erection, construction, reconstruction, alteration, repair or use of build~ and other structures, their height, area and bulk, and percentage of'lot to be occupied by buildings or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence and other specific uses of the premises in such district or districts. Any ordinances enacted under the authority of this Act [section] may exempt from the operation thereof any building or structure used or to be used by a public service corporation (not otherwise exempted) as to which proof shall be presented to the board of zoning appeals that the exemption of such building or structure.is reasonably necessary for the convenience or welfare of the public. (2) Ail such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. (3) Such regulations shall be made in accordance ~ith a comprehensive plan, and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. (4) The council of the city of Roanoke shall provide for the matter in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in in interest and citizens shall have an opportunity to be heard. Notice of the time, place and purpose of such hearing shall be given in accordance with general law of the Commonwealth. (5) Such 'regulation, restricitons, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change signed by the owners of twenty per centum or more either of the area of the lots included in each proposed change, or of those immediately adjacent in the rear thereof, or of those directly opposite thereto, such amendment shall not become effective except by the favorable vote of five-sevenths of all the members of the council. The provisions of the previous section [subsection] relative to public hearings and official notice shall apply equally to all changes or amendments. (6) The council of the city of Roanoke shall appoint a~commission to be known as the planning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report or reports and hold public hearings thereon before submitting its final report, and the council of the city of Roanoke shall take such action on said preliminary report or reports, and also on the final report of the commission, as it shall deem necessary. (7) The council of the city of Roanoke may appoint a board of zoning appeals, and in the regulations and restrictions adopted pursuant to the authority of this Act [section] may provide that the said board of zoning appeals may, in appropriate cases and subject to appropriate conditions and safeguards, vary the application of the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (8) The board of zoning appeals shall consist of five members, each to be appointed for a term of three years and removable for cause by the appointing authority, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. (9) The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this Act [section]. Meetings of the board shall be held at the call of the chairman and such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other, official actions, all of which shall be immediately filed in the office of the board, and shall be a public record. (10) Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board of zoning appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. (11) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of zoning appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning appeals or by a court of record on application, and notice to the officer from whom the appeal is taken and on due cause shown. (12) The board of zoning appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (13) The board of zoning appeals shall have the following powers: (a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determina- tion made by administrative officials in the enforcement of this Act [section] or of any ordinance adopted pursuant thereto. (b) To hear and decide special exceptions to the terms of the ordinance upon which such board is r~quired to pass under such ordinance. (c) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where owing to special conditions a literal enforcement 450 of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. (14) In exercising the abovementioned powers such board may, in conformity with the provision of this Act [section], reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (15) The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. (16) Any person or persons, jointly or severally, aggrieved by any decision of the board of zoning appeals, or any officer, department, board or bureau of the municipal- ity, may present to a court of record of the city of Roanoke a petition, duly verified, setting forth that such decision is illegal in whole or in part, specifying.the.grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. (17) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of zoning appeals to review such decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. (18) The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (19) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceeding upon which the determination-of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (20) Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. (21) All issues in any proceeding under this section shall have preference over all other civil actions and proceedings, except where otherwise provided by general law. (22) In case any building or structure is erected, constructed, reconstructed, altered, repaired, or converted; or any building, structure or land is used in violation of this Act [section] or of any ordinance or other regulation made under authority conferred hereby, the proper authorities of the city, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, constructi~ reconstruction, alteration, repair conversion, to restrian, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. (23) Said regulations shall be enforced by the division of building inspection which is empowered to cause any building, structure, place or premises to be inspected and examined and. to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this or the preceding paragraph. The owner or general agent of the building or premises where a violation of any provision of said regulations 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 of assists in any such violation or who maintains any building or premises in which any such violations shall exist shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars and not more than one hundred dollars, if the offense be not willful, or not more than two hundred and fifty dollars if the offense be willful, and in every case, ten dollars for each day after the first day that such violation shall continue. In any case of the existence of a violation of any provision of said regulations the owner, lessee, tenant or agent shall be subject to a civil penalty of fifty dollars. Any such person who having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service or shall continue to violate any provisions of the said regulations in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars. BE IT FURTHER RESOLVED that the City Clerk do forthwith as provided in section 15.1-834, Code of Virginia (1950), as amended, transmit to the members of the General Assembly of Virginia representing the City of Roanoke at the 1983 Session of said General Assembly two certified copies ~f this resolution setting forth the requested amendments to the Roanoke Charter of 1952 to be put into the form of a bill to be introduced at the 1983 Session of the General Assembly. iTTE ST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1983. No. 26344. AN ORDINANCE authorizing an amendment to the Contract for Services dated July 14, 1982, between the City and the City of Roanoke Redevelopment and Housing Authority; and provid- ing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager be, and he is hereby authorized and directed to enter into a written amendment to the Contract for Services dated July 14, 1982, between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority, to provide for certain amendments described in a report to Council dated January 10, 1983, as Amendment No. 1 to said Contract, such amendment to be in such form as is approved by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of January, 1983. No. 26345. AN ORDINANCE to amend and reordain subsection (b) of Section 20-32, Plate~ tag or decal - issuance; contents and color of decals, of the Code of the City of Roanoke (1979), as amended, to provide that the size, shape, color and design of the motor vehicle decal shall be determined by the City Manager in coordination with the Commissioner of Revenue; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (b) of Section 20-32, Plate, tag or decal - issuance; contents and color of decals, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 20-32. Plate, tag or decal - issuance; contents and color of decals. (b) Licenses of the decal type shall be issued only for trucks, tractor trucks, auto wagons and motor vehicles, including motorcycles designed to carry passengers, excluding taxicabs, van service vehicles and for hire vehicles, as those terms are defined in Section 34-58 of this Code. The size, shape, color and design of such decal shall be determined by the City Manager in coordination with the Commissioner of Revenue. 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 10th day of January, 1983. No. 26347. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $10,683,774.06 Old Courthouse Building Renovation'(1) ................... 165,750.00 Capital Improvement Reserve 12,305,279.49 Public Improvement Bonds, Series 1982 (2) ................ 10,834,250.00 (1) Old Courthouse Building Renovation (A08110190601) (2) Libraries, Fire Stations, Other Public Bldgs. (A08310172703) $ 165,750.00 (165,750.00) 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 10th day of January, 1983. No. 26348. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Youth Services Grant #81-I-5 (1-11) .............................. $33,422.00 (1) Salary & Wages (2) Extra Help (3) Fees for Professional Services (4) Materials & Supplies (5) Telephone (6) Travel and Education (7) Auto Allowance (8) Other Rental (9) Management Services (10) Equipment (11) Refund Balance (A35510710002) (A35510710005) $(1,503.62) 294.85 (A35510720010) (1,007.00) (A35510730005) 5.80 (A35510731005) ( 75.32) (A35510733005) ( 73.56) (A35510733020) 8.00 (A35510740010) ( .12) (A35510760017) (173.27) (A35510790005) ( 51.00) (A35510795005) 2,575.24 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED .~TTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 1983. No. 26349. A RESOLUTION supporting tax exemption of property owned by Friendship Manor Apartment Village Corporation, which is part of the Friendship Manor complex and used for retirement residences and supporting services and which is further used by it exclusively for charitable and benevolent purposes on a non-profit basis, and memorializing a certain agreement between Friendship Manor Apartment Village Corporation and this City. WHEREAS, Friendship Manor Apartment Village Corporation (the Corporation) has petitioned this Council for support for a bill to be introduced at the 1983 Session of the General Assembly to exempt certain property of the Corporation from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Corporation's petition was held by Council on January 3, 1983; WHEREAS, the provisions of subsection B of Section 30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Corporation agrees that the property to be exempt from taxation is the personal property of the Corporation and its buildings and as much land as is reasonably neces- sary to the use of its buildings, provided such personal and real property shall be used exclu- sively for charitable and benevolent purposes on a non-profit basis; WHEREAS, the Corporation agrees the following real property of the Corporation shall be subject to real estate taxation: (1) That real property which is not a legitimate part of the Friendship Manor nursing home service; and (2) That real property or portion of real property of the Corporation which is leased, except to elderly and/or handicapped residents of Friendship Manor nursing home facilities, or shall otherwise be a source of revenue or profit and which is subject to taxation pursuant to Section 58-14, Code of Virginia (1950), as amended; WHEREAS, the Corporation agrees to pay all real estate and personal porperty taxes which have been heretofore assessed by the Commissioner of Revenue of the City of Roanoke; WHEREAS, the Corporation agrees to voluntarily pay each year a service charge in the amount of five percent (5%) of the City of Roanoke real estate tax levy against real property of the Corporation which would be paid if the Corporation were not exempt from such taxation; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council supports legislation to be introduced at the 1983 Session of the General Assembly whereby Friendship Manor Apartment Village Corporation, a non-profit organization, seeks to be classified and designated a charitable and benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and whereby property owned by · Friendship Manor Apartment Village Corporation, which is a part of theFriendship Manor complex and used for retirement residences and supporting services and which is further used by it exclusively for charitable and benevolent purposes on a non-profit basis, shall be exempt from state and local taxation; 2. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of Friendship Manor Apartment Village Corporation, has been filed with the City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26346. AN ORDINANCE authorizing the vacation of a portion of a sanitary sewer easement through property owned by Billy Hooker Harbour on the east side of the Southwest Expressway, Roanoke, Virginia. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor is hereby authorized to execute and deliver, and the City Clerk is authorized to attest, the requisite deed, on such form as approved by the City Attorney, vacating a 279.43-foot segment of a 15-foot wide sanitary sewer easement, through property owned by Billy Hooker Harbour, lying on the east side of the Southwest Expressway, Roanoke, Virginia, said easement area to be vacated being more particularly described on Survey for Billy Hooker Harbour dated November 8, 1982, by T. P. Parker & Son, Engineers and Surveyors. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26350. A RESOLUTION authorizing the City Manager or Assistant City Manager to make application to the United States Department of Housing and Urban Development for an Urban Development Action Grant in connection with the proposed development of a manufacturing plant in the Roanoke Centre for Industry and Technology by Cooper Mining and Construction. BE IT RESOLVED by the Council of the City of Roanoke that H. B. Ewert, City Manager, or W. Robert Herbert, Assistant City Manager, be and they are hereby authorized and directed to file, for and on behalf of the City of Roanoke, a written application for an Urban Development Action Grant from the United States Department of Housing and Urban Development in the amount of $2,613,404.00, as further described in a report from the City Manager dated January 24, ~983, to provide financing for the purchase of land and certain on-site and off-site improvement in connection with the proposed development of a manufacturing plant in the Roanoke Centre for Industry and Technology by Cooper Mining and Construction. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26351. A RESOLUTION extending the pay benefits provided for by Resolution No. 4748 for certain emergency service employees. 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, Resolution No. 4748 also requires that extension of benefits provided for by such resolution beyond sixty days shall be only upon authority of Council; WHEREAS, by report of January 24, 1983, the City Manager has recommended that benefits available to Officer M. A. Rayl of the Police Department and Lt. J. C. Saunders of the Fire Department be extended by authority of Council; THEREFORE, BE IT RESOLVED by the Council as follows: 1. Officer M. A. Rayl of the Police Department shall be paid the difference between his base pay and any sums received pursuant to the Workmen's Compensation Act retroactive to January 1, 1983, for a period of sixty days from January 24, 1983, or until such officer is able to return to duty, whichever occurs first. 2. Lt. J. C. Saunders of the Fire Department shall be paid the difference between his base pay and any sums receiVed pursuant to the Workmen's Compensation Act retroactive to August 23, 1982, for a period sixty days from January 24, 1983, or until such officer is able to return to duty, whichever occurs first. 3. Such employees shall under no circumstances receive payments from the City, including Workmen's Compensation benefits, in excess of their regular base pay. 4. 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 either officer is able to return to duty. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26353. AN ORDINANCE authorizing the Trustees of Pilgrim Baptist Church to take and hold more than four acres of land in the City, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Trustees of Pilgrim Baptist Church are hereby authorized to take and hold in the City such lands as it deems necessary to relocate and expand its facilities, such lands not to exceed seven and one-half acres; such lands to be in addition to the parcel presently owned by the Trustees and located at 1238 Rugby Boulevard, N. W., in the City, and all of such lands to be devoted only to such uses as are permitted by Section 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 pas- sage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26354. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Civic Center Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Civic Center Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay $335,429.18 Other Equipment (1) .................................... 30,000.00 Retained Earnings - Appropriated (2) ........................ 675,444.13 (1) Other Equipment (A05511090020) $30,000.00 (2) Retained Earnings Appropriated (X05937205) 30,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTE ST: ! City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26355. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is~declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Building Maintenance (1) ............. ~ ......................... $1,793,276.68 Contingency Reserve (2) ........................................ 123,063.32 (1) Maintenance by Outside Contracts (2) Contingency Reserve (A06263134061) (A06941032006) $ 21,968.00 (21,968.00) 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 January, 1983. No. 26356. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Public Safety Juvenile Probation House (1-15) ................................. Crisis Intervention Center (16-29) .............................. Juvenile Detention Home (30-38) ................................. Outreach'Detention (39) ......................................... Public Works $13,830,897.06 189,875.00 239,861.45 619,574.45 86,641.00 11,107,432.56 Street Paving Program (40) ...................................... 1,070,272.00 Non-Departmental 15,840,454.35 Fringe Benefits (41) ............................................ 6,477,194.99 REVENUE Grants-in-Aid Commonwealth $31,153,371.45 Juvenile Facilities Blk. Grant (42) ............................. 781.082.00 (1) Extra Help (A01335010005) (2) Cleaning & Housekeeping (A01335030015) (3) Food (A01335030020) (4) Medical (A01335030025) (5) Expendable Tools & Equip. (A01335030035) (6) Clothing and Personal (7) Program Activities (8) Telephone (9) Electric (10) Training (11) Local Mileage (12) Vehicular Maintenance (13) Other Equipment and Maintenance (14) Insurance (15) Other Equipment (16) Overtime (17) Extra Help (18) Fees for Professional Services (19) Food (20) Motor Fuels (A01335030040) (A01335030044) (A01335031005) (A01335031010) (A01335033005) (A01335033015) (A01335034010) (A01335034015) (A01335035015) (A01335090020) (A01336010003) (A01336010005) (A01336020010) (A01336030020) (A01336030030) (21) Expendable Tools & Equip. (A01336030035) (22) Telephone (23) Electric (24) Water and Sewage (25) Gas (26) Maintenance - Building and Property (27) Vehicle Maintenance (28) Vehicle Equipment (29) Other Equipment (A01336031005) (A01336031010) (A01336031015) (A01336031020) (A01336034005) (A01336034010) (A01336090015) (A01336090020) (30) Cleaning and Housekeeping (A01332030015) (31) Food (32) Expendable Tools and Equipment (33) Program Activities (34) Telephone (35) Electric (36) Training (37) Vehicle Equipment (38) Other Equipment (39) Local Mileage (40) Annual Paving Contract (41) Fringe Benefits (42) Juvenile Facilities - Bulk Grant (A01332030020) (A01332030035) (A01332030044) (A01332031005) (A01332031010) (A01332033005) (A01332090015) (A01332090020) (A01333033015) (A01412020081) (A01911011005) (R01063012) 8,367.00 600.00 3,270.00 200.00 3,046.00 1,000.00 1,600.00 25O.OO 1,000.00 1,200.00 200.00 3,500.00 450.00 200.00 3,950.00 1,000.00 1,500.00 5,400.00 1,470.00 500.00 3,216.00 500.00 500.00 500.00 500.00 19,278.00 3,000.00 14,000.00 5,325.00 500.00 2,471.00 6,028.00 800.00 300.00 3,000.00 500.00 10,000.00 6,425.00 2,000.00 (79,874.00) 873.00 38,545.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26357. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: 458 APPROPRIATIONS Sanitation Projects King Street - Route 460 Sewer Main Extension (1) .......... Sewage Lateral Replacement (2) ............................ $4,179,435.55 64,677.95 375,494.59 (1) King Street - Route 460 Sewer Main Extension (A08220190303) (2) Sewage Lateral Replacement(A08220190103) $ 7,791.05 (7,791.05) 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 January, 1983. No. 26358. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with S. C. Rossi and Company, Inc., for sanitary sewer work and providing for an emer- gency. 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 S. C. Rossi and Company, Inc., for King Street - Route 460 Sewer Main Exten- sion, dated August 25, 1982, such contract being authorized by Ordinance No. 26202, adopted August 23, 1982. 2. Change Order No. 2 shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 54,178.00 1. Quantity overrun of aggregate backfill material utilized in the open cut crossing of Orange Avenue, N. E., (Rt. 460) in the amount of 705.65 tons at a unit price of $8.00 per ton. Add 5,645.20 2. Quantity overrun of bituminous concrete surface material in the amount of 61.31 tons at a unit price of $35.00 per ton. Add 2,145.85 3. Time extension of nine (9) calendar days. No cost Total Add 7,791.05 CONTRACT AMOUNT INCLUDING CHANGE ORDER Nos. 1 ($2,546.90) and 2 $ 64~515.95 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 pas- sage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26359. A RESOLUTION supporting tax exemption of certain property owned by Western Virginia Foundation for the Arts and Sciences, its subsidiary corporation, Center in the Square, Inc., and the occupants of the Center in the Square Building on Campbell Avenue, namely, Mill Mountain Playhouse, Roanoke Museum of Fine Arts, Science Museum Association of Roanoke Valley, Roanoke Valley Arts Council and Roanoke Valley Historical Society, so long as such property is used exclusively for cultural, charitable or historical purposes on a non-profit basis. WHEREAS, this Council has been petitioned to support a bill to be introduced at the 1983 Session of the General Assembly to exempt certain property of Western Virginia Foundation for the Arts and Sciences, its subsidiary corporation, Center in the Square, Inc., and the occu- pants of the Center in the Square Building on Campbell Avenue in this City, namely, Mill Mountain Playhouse, Roanoke Museum of Fine Arts, Science Museum Association of Roanoke Valley, Roanoke Valley Arts Council and Roanoke Valley Historical Society, from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the petition was held by the Council on November 22, 1982; WHEREAS, Resolution No. 26285 adopted by the Council on November 22, 1982, inadvertently failed to state that Council has considered the provisions of subsection B of Section 30-19.04, Code of Virginia (1950), as amended, and such provisions have been examined and considered by this Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council supports legislation to be introduced at the 1983 Session of the General Assembly whereby property owned by Western Virginia Foundation for the Arts and Sciences, its subsidiary corporation, Center in the Square, Inc., and the occupants in the Center in the Square Building on Campbell Avenue in this City, namely, Mill Mountain Playhouse, Roanoke Museum of Fine Arts, Science Museum Association of Roanoke Valley, Roanoke Valley Arts Council and Roanoke Valley Historical Society, shall be exempt from State and local taxation so long as such property shall be used exclusively for cultural, charitable or historical purposes on a non-profit basis. 2. The City Clerk is directed to forward certified copies of this resolution to the Clerk of the Senate of Virginia and the Clerk of the House of Delegates and to the City's representa- tives to the 1983 Session of the General Assembly. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26360. AN ORDINANCE providing for the City's acquisition of 415 acres of land lying in Roanoke County and Botetourt County, Virginia, in the Carvins Cove Watershed; repealing Ordinance No. 26322, adopted December 27, 1982; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of M & L Hunt Club, a partnership, to sell and convey to the City all of the fee simple title to land described as being 415 acres, more or less, lying near the Bennett Springs access road and to the east of 189.3 acres purchased from Mason H. Littreal, et ux., by deed dated August 27, 1981, Roanoke County Deed Book 1174, page 687, for the sum of $166,000.00, is hereby ACCEPTED. The proper City officials are authorized to negotiate and enter into on the City's behalf an appropriate contract of sale for this transaction, if they deem such a course is necessary. 2. 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 land, free and clear of all encumbrances and major title objections and exceptions (except as such may be approved by the City Attorney) and containing general warranty and modern English covenants on behalf of the grantor, M & L Hunt Club, such deed to be in such form as approved by the City Attorney, the proper City officials shall be authorized to issue and deliver to such person or persons as are certified by the City Attorney to be entitled thereto, such purchase price, less any amount due to be paid by said grantor as taxes and other appropriate charges. REPEALED. Ordinance No. 26322, adopted December 27, 1982, on this same matter, is hereby 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of January, 1983. No. 26362. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant $12,436,194.80 C.D.B.G. (B-81-MC-51-0020) (1-2) ....................... 2,123,602.46 REVENUE Community Development Block Grant $12,436,194.80 C.D.B.G. Other Program Income & Payment (3) ............ 372,116.44 (1) Unprogrammed CDBG Nonsettlement (2) Unprogrammed CDBG Rehabilitation (3) Other Program Income & Payment (A35668200415) (A35668200416) (R35666603) $ 5,096.00 13,118.94 18,214.94 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 January, 1983. No. 26363. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Community Development Block Grant $12,417,979.86 Excess Parking Lot Income (1) ........................... 9,136.57 REVENUE Community Development Block Grant $12,417,979.86 Parking Lot Income (2) ................................. 519,998.05 (1) Excess Parking Lot Income (RRHA) (2) Parking Lot Income (A35668200404) (R35666602) $9,136.57 9,136.57 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 January, 1983. No. 26364. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appropria- tion Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS City Council (1) ......................................................... $ City Clerk (2) ........................................................... Director of Finance (3) .................................................. Billings & Collections (4) ............................................... Commissioner of Revenue (5) .............................................. Treasurer (6) ............................................................ Personnel Management (7) ................................................. Police - Investigation (8) ............................................... 100,696.00 124,885.00 428,558.00 402,882.00 321,166.00 296,560.00 212,739.00 952,145.00 Police - Patrol (9) ............................... ~ ....................... 3,554,666.79 Police - Services (10) ................................................... 559,190.00 Fire - Prevention (11) ................................................... 148,191.00 Fire - Suppression (12) .................................................. 4,641,921.00 Building InSpections (13) ................................................ 300,867.00 Signals and Alarms (14) .................................................. 394,532.00 Refuse Collections (15) .................................................. 1,809,813.00 Food Stamp Authorization (16) ............................................ 309,372.00 Social Services - Income Maintenance (17) ................................ 2,451,532.00 Nursing Home (18) ........................................................ 704,641.00 Community Planning (19) .................................................. 138,270.00 Community Education (20) ................................................. 11,206.00 Engineering (21) ......................................................... 609,939.00 Communications (22) ...................................................... 561,477.00 Street Maintenance (23) .................................................. 2,563,756.00 Utility Line Services (24) ............................................... 1,568,761.00 Building Maintenance (25) ................................................ 1,759,309.00 Custodial Services (26) .................................................. 583,084.00 Motor Vehicle Maintenance (27) ........................................... 841,285.00 Personnel Lapse (28-29) .................................................. (164,066.00) REVENUE Grants-in-Aid Commonwealth $31,099,416.45 Commissioner of Revenue (30) ........................................ 148,082.00 Treasurer (31) ...................................................... 193,159.00 Food Stamp Authorization (32) ....................................... 277,148.00 Public Assistance (33) .............................................. 4,775,056.00 (l) Salaries & Wages (2) Salaries & Wages (3) Salaries & Wages (4) Salaries & Wages (5) Salaries & Wages (6) Salaries & Wages (7) Salaries & Wages (8) Salaries & Wages (9) Salaries & Wages (10) Salaries & Wages (11) Salaries & Wages (12) Salaries & Wages (13) Salaries & Wages (14) Salaries & .Wages (15) Salaries & Wages (16) Salaries & Wages (17) Salaries& Wages (18) Salaries & Wages (19) Salaries & Wages (20) Salaries & Wages (21) Salaries & Wages (22) Salaries & Wages (23) Salaries & Wages (24) Salaries & Wages (25) Salaries & Wages (26) Salaries & Wages (27) Salaries & Wages (28) Personnel Lapse (29) Personnel Lapse (30) Com. of Revenue (31) Treasurer (32) Food Stamp Auth. (33) Public Asst. (A01111010002) (A01112010002) (A01123110002) (A01123210002) (A01123310002) (A01123410002) (A01126110002) (A01311210002) (A01311310002) (A01311410002) (A01321210002) (A01321310002) (A01341010002) (A01416010002) (A01421010002) (A01531210002) (A01531310002) (A01534010002) (A01811010002) (A01817010002) (A06160510002) (A06161910002) (A06262110002) (A06262510002) (A06263110002) (A06263210002) (A06264110002) (A01941010025) (A06941010025) (R01061015) (R01061020) (R01061510) (R01061505) 1,000.00 (3,000.00) (12,500.00) ( 300.00) (5,000.00) (1,500.00) (3,000.00) (35,ooo.oo) 10,000.00 (10,000.00) (3,000.00) (25,000.00) ( 7,000.00) ( 4OO.OO) ( 15,000.00) ( 1,200.00) (14,000.00) ( 1,000.00) ( 500.00) (1,ooo.oo) (1,200.00) (7,000.00) ( 5,000.00) (2o,ooo.oo) (12,000.00) (6,000.00) (10,000.00) 111,990.00 61,200.00 ( 2,500.00) ( 750.00) ( 960.00) (11,200.00) 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 24th day of January, 1983. No. 26365. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Project Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Project Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects $ 4,252,435.55 Brandon Lane Storm Drain (1) ........................... 76,150.00 Capital Improvement Reserve 11,098,029.49 Public Improvement Bonds, Series 1982 (2) .............. 9,627,000.00 (1) Brandon Lane Storm Drain (A08220193201) $ 73,000.00 (2) Storm Drains (A08310172702) (73,000.00) 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 24th day of January, 1983. No. 26366. AN ORDINANCE accepting the bid of J. P. Turner & Brothers, Inc., for construction of the Brandon Lane Storm Drain project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of J. P. Turner & Brothers, Inc., made to the City in the total amount of $66,462.00, for construction of the Brandon Lane Storm Drain Project, such bid being in full compliance with the City's plans and specifications madetherefor 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 and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with J. P. Turner & Brothers, 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. 3. All other bids made to the City for the aforesaid work be and they 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 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 24th day of January, 1983. No. 26367. gift. A RESOLUTION expressing this City's appreciation to WROV Radio Station for its centennial WHEREAS, WROV Radio Station, a prominent corporate citizen of the Roanoke Valley, has made a gift to the City of Roanoke of an attractively framed poster depicting the City of Roanoke at evening embellished by a rainbow; WHEREAS, the title of this poster is "2082 - The Next One Hundred Years" and this art work reflects the natural beauty, progressive present and bright future of the City; WHEREAS, it is the wish of this Council, on behalf of all of the citizens of this City, to express to WROV Radio Station the appreciation of the City for this generous gift. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. On behalf of all of the citizens of the City of Roanoke, Virginia, this Council expresses to WROV Radio Station its sincere and deep appreciation and thanks for the beautiful, expressive and attractively framed poster entitled "2082 - The Next One Hundred Years" and for WROV Radio Station's important contributions to the quality of life in the Roanoke Valley. 2. The City Clerk is directed to transmit an attested copy of this resolution to Burton Levine, General Manager of WROV Radio Station. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1983. No. 26352. AN ORDINANCE permitting a certain encroachment of not more than 0.80 feet over and into the right-of-way of an alley south of Lot 1, Block 23, Rugby Land Company, otherwise known as 1436 Syracuse Avenue, N. W., in this City, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted to Mabel L. Stoke, owner of Lot 1, Block 23, Rugby Land Company, otherwise known as 1436 Syracuse Avenue, N. W., in this City, to maintain an encroachment by a garage on the southerly side of the aforesaid property over and into a certain alley of the City, said encroachment beginning 2.0 feet from the southwest corner of Lot 1, Block 23, Rugby Land Company, and extending 21.11 feet to the southeast corner of a garage structure located on such property, the encroachment varying in width from 0.80 feet to a zero encroachment at the southeast corner of the garage structure. 2. Said permit, granted pursuant Section 15.1-377, Code of Virginia (1950), as amended, shall be .revocable at the pleasure of the Council of the City of Roanoke and subject to all limitations contained in the aforesaid Section 15.1-377. 3. It shall be agreed by the permittees that, in maintaining such encroachment said permittees and their grantees, assignees or successors in interest shall agree to indemnify and save harmless the City of Roanoke from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment over public right-of-way. 4. The City Clerk shall transmit an attested copy of this ordinance to Mrs. Mabel L. Stoke, 1436 Syracuse Avenue, N. W., in the City. 5. 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 Mabel L. Stoke has been admitted to record, at the cost of the permittees, in the Office of the Clerk of the Court of the City of Roanoke. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1983. No. 26361. AN ORDINANCE amending and reordaining Section 20-28, Tax imposed, of the Code of the City of Roanoke (1979), as amended, to set forth motor vehicle and other associated license taxes; and providing for an effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-28, Tax imposed, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 20-28. Tax imposed. An annual license tax is hereby imposed on the motor vehicles, trailers and semitrailers listed below and operating within the City as follows: (a) Fifteen dollars for each private passenger car or motor home if the passenger car or motor home weighs four thousand pounds or less and twenty dollars for each passenger car or motor home which weighs in excess of four thousand pounds provided such passenger car or motor home is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur. (b) Thirty cents per one hundred pounds of weight or major fraction thereof for a private motor vehicle other than a motorcycle with a normal seating capacity of more than ten adult persons including the driver if such private motor vehicle is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire or is not operated under a lease without chauffeur; provided that in no case shall the tax be less than fifteen dollars if the vehicle weighs four thousand pounds or less or twenty dollars if the vehicle weighs in excess of four thousand pounds. (c) Thirty cents per hundred pounds of weight or major fraction thereof for a school bus, public or private; provided that in no case shall the tax be less than fifteen dollars if the vehicle weighs four thousand pounds or less or twenty dollars if the vehicle weighs in excess of four thousand pounds. (d) Fifteen dollars for each trailer or semitrailer designed for use as living quarters for human beings. (e) Five dollars in addition to eighty cents per hundred pounds of weight or major fraction thereof for each motor vehicle, trailer or semi- trailer kept or used for rent or for hire or operated under a lease with- out chauffeur for the transportation of passengers. An additional fee of five dollars shall be charged if the vehicle weighs in excess of four thousand pounds. This subsection does not apply to vehicles used as common carriers. (f) Fifteen dollars for a taxicab and other vehicles kept for rent or hire operated with a chauffeur for the transportation of passengers, which operates or should operate under permits issued by the Corporation Commission as required by law. An additional tax of five dollars shall be charged if the vehicle weighs in excess of four thousand pounds. This subsection does not apply to vehicles used as common carriers. (g) Eight dollars for a motorcycle, with or without a sidecar. (h) Fifteen dollars for a bus used exclusively for transportation to and from Sunday school or church, for the purpose of divine worship; provided that if the empty weight of the vehicle exceeds four thousand pounds, the tax shall be twenty dollars. (i) Five dollars in addition to seventy cents per hundred pounds of weight or major fraction thereof for other passenger carrying vehicles. (j) The manufacturer's shipping weight or scale weight shall be used for computing all taxes required by this section to be based upon the weight of the vehicle. (k) The applicant for a license bears the burden of proof that the vehicle for which the license is sought is entitled by weight, design and use to be licensed at the tax tendered by the applicant. (1) The license taxes required by Section 20-28(e)(f), of this code to be paid for the operation of motor vehicles used for rent or hire shall not be required for the operation of any motor vehicle with a normal seating capacity of not more than twelve adult persons including the driver (i) while used not for profit in transporting persons who, as a common undertaking, bear or agree to bear all or a part of the actual costs of such operation, or (ii) while used by a lessee renting or hiring such vehicle for a period of twelve months or longer under a written lease or agreement; and for the purpose of this section every such motor vehicle shall be treated as a private motor vehicle for which the annual license tax shall be fifteen dollars; provided, however, if such vehicles exceed a weight of four thousand pounds such tax shall be twenty dollars. (m) The license taxes to be paid by the owners of all motor vehicles not designed and used for the transportation of passengers shall be determined by reference to the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed, and according to the following schedule: Gross Weight Range Fee Gross Weight Range Fee 4000 lbs. and under $15.00 14500 - 15000 $35.50 4001 - 6500 20.00 15001 - 15499 37.00 6501 - 10000 22.00 15500 - 16000 38.80 10001 - 10499 23.00 16001 - 16499 42.00 10500 - 11000 24.30 16500 - 17000 44.00 11001 - 11499 25.40 17001 - 17499 47.40 11500 - 12000 26.80 17500 - 18000 49.60 12001 - 12499 28.00 18001 - 18499 53.20 12500 - 13000 29.50 18500 - 19000 55.60 13001 - 13499 30.80 19001 - 19499 59.40 13500 - 14000 32.40 19500 - 20000 62.00 14001 - 14499 33.80 20001 and over 66.00 The tax for a pickup or panel truck shall be fifteen dollars if the gross weight of the vehicle is four thousand pounds or less and twenty dollars if the gross wieght is four thousand one pounds through six thousand five hundred pounds. In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle constituting a part of such combination shall be taxed as a separate vehicle, and separate vehicle license plates or decals shall be issued therefor, but, for the purpose of determining the gross weight group into which any such vehicle falls, the combination of vehicles of which such vehicle constitutes a part shall be considered a unit, and the aggregate gross weight of the entire combination shall determine such gross weight group. The tax for a trailer or semitrailer constituting a part of such combination shall be seventeen dollars, provided, however, if such trailer or semitrailer exceeds a gross weight of four thousand pounds such fee shall be twenty-two dollars. ATTEST: (n) The license tax to be paid by the owner of a one or two wheel trailer of a cradle, flatbed or open pickup type which has a body width not greater than the width of the motor vehicle to which it is attached at any time of operation, which is pulled or towed by a passenger car or station wagon, or a pickup or panel truck having an actual gross vehicle weight not exceeding five thousand pounds, and which is used for carrying property not exceeding one thousand five hundred pounds at any one time, and for all trailers designed exclusively to transport boats shall be six dollars and fifty cents. Nothing herein shall be construed as applying to the fees for trailers or semitrailers designed for use as living quarters for human beings, or to those trailers or semitrailers operated under lease or rental agreement, or operated for compensation. (o) Notwithstanding the provisions above, upon receipt of an applica- tion 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 46.1-1, Code of Virginia (1950), as amended. No individual shall be issued a free license under this sub- section for more than one vehicle. Any person who is not a person described in this subsection 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). 2. The effective date of this ordinance shall be April 15, 1983. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1983. No. 26368. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) ........................... $4,146,362.62 Title IV-B Library 1980-81 (A354205) (1) .................. Title IV-C CAP 1981-82 (A354207) (2-6) .................... Special Arts 1980-81 (A354303) (7-10) ..................... Roanoke Memorial Hospital 81-82 (A354510) (11-15) ......... Child Development Clinic 1981-82 (A354511) (16-20) ........ Bureau of Crippled Children 1981-82 (A354512) (21-25) ..... Roanoke Detention Home (A354514) (26-30) .................. Pre-School Incentive 82-83 (A354517) (31-33) .............. Apprenticeship 1981-82 (A354705) (34-37) .................. ABE/DIAL 1981-82 (A354706) (38-46) ........................ Work Study 1981-82 (A354707) (47) ......................... 44,253.11 62,845.90 26,000.00 23,844.06 34,506.00 34,870.00 25,092.79 6,039.08 82,292.55 75,683.84 9,147.20 REVENUE Roanoke City School Grants (R354000) ........................... $4,146,362.62 Title IV-B Library 1980-81 (R354205) (48) ................. Title IV-C CAP 1981-82 (R354207) (49-50) .................. Roanoke Memorial Hospital 1981-82 (R354510) (51) .......... Roanoke Detention Home 81-82 (R354514) (52) ............... Pre-School Incentive 82-83 (R354517) (53) ................. Apprenticeship Program 81-82 (R354705) (54) ............... ABE/DIAL 1981-82 (R354706) (55) ........................... Work Study 81-82 (R354707) (56-57) ........................ 44,253.11 62,845.90 23,844.06 25,092.79 6,039.08 82,292.55 75,683.84 9,147.20 (1) Library Books (A35420530047) (2) Salaries (A35420710002) (3) Fringe Benefits (A35420711070) (4) Dissemination Services(A35420720041) (5) Supplies ( 6) Travel (7) In-Service Training Workshop (8) Resident and Visiting Artists (9) Supplies (A35420730005) (A35420733005) (A35430310040) (A35430320010) (A35430330005) (10) Transportation of Stu- dents (11) Salary (12) Fringe Benefits (13) Supplies (14) Travel (15) Indirect Costs (16) Salary (117) Fringe Benefits (18) Supplies (19) Travel (20) Indirect Costs (21) Salary (22) Fringe Benefits (23) Supplies (24) Travel (25) Indirect Costs (26) Salary (27) Fringe Benefits (28) Supplies (29) Travel (30) Indirect Costs (31) Salaries (32) Fringes (33) Contracted Services (34) Teachers (35) Fringe Benefits (36) Supplies (37) Travel (38) Head Teacher (39) Part-time Teachers (A35430333005) (A35451010002) (A35451011070) (A35451030005) (A35451033005) (A35451035040) (A35451110002) (A35451111070) (A35451130005) (A35451133005) (A35451135040) (A35451210002) (A35451211070) (A35451230005) (A35451233005) (A35451235040) (A35451410002) (A35451411070) (A35451430005) (A35451433015) (A35451435040) (A35451710005) (A35451711070) (A3545i720010) (A35470510030) (A35470511070) (A35470530005) (A35470533005) (A35470610030) (A35470610032) (40) Instruction Assistant (A35470610033) (41) Part-time Aides (42) Part-time Supervisor (43) Fringe Benefits (44) Office Supplies (45) Telephone (46) Travel (47) Student Wages (A35470610034) (A35470610035) (A35470611070) (A35470630005) (A35470631005) (A35470633005) (A35470710030) (48) Federal Grant Receipts(R35420521) (49) Federal Grant Receipts(R35420721) (50) Local Match (R35420731) (51) Local Match (R35451031) (52) Local Match (R35451431) (53) Local Match (~35451731) (54) State Grant Receipts (R35470525) (55) Federal Grant Receipts(R35470621) (56) Federal Grant Receipts(R35470721) (57) Local Match (R35470731) $( 23.89) (6,5o5.76) (2,449.05) ( 4oo.oo) ( 204.32) 125.03 ( 3.5o) ( 43.44) ( 201.08) 248.02 1,250.00 125.06 ( 99.68) ( 48.32) (~ i,i3i.oo) (. 503.15) 602.23) 10.35 106.58 988.45 ( 1.00) ( 374.02) 21.69 70.59 282.74 1,398.94 ( 18.50) ( 330.06) (_ 80.26) ( 708.33) 90.83 (. 1.75) ¢ 80.00) C 8,592.00) C 1,629.14) (_ 500.00) 146.69 (_4,090.00) 7,051.63 C 3,456.00) 4,696.24 (1,800.00) (_ 1,131.03) (_ 1,068.50) 555.31 ( 173.81) 104.20 ( 23.89) (8,145.25) (~ 1,288.85) 96.06 261.79 9.08 (10,574.45) 583.84 150.90 (. 46.70) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1983. No. 26369. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $10,694,330.72 Roanoke Centre for Industry and Technology (1) ...... 10,556.66 Other Projects Downtown Roanoke Hotel Lending Prospectus (2) ....... 362,263.34 39,443.34 (1) Roanoke Centre for Industry and Technology (2) Downtown Roanoke Hotel Lending Prospectus (A08110190803) (A08140190103) $ 10,556.66 (10,556.66) 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 7th day of February, 1983. No. 26370. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health & Welfare $ 8,714,235.74 Prevent Placement Neg. Children (1-3) .................... 50,000.00 REVENUE Grants-in-Aid Commonwealth $31,187,961.45 Prevent Placement Neg. Children (4) ...................... 50,000.00 (1) Fees for Prof. Services (A01531820010) (2) Program Activities(A01531830044) (3) Travel & Education(AO1531833005) (4) Prevent Placement Neg. Children (R01061540) $41,443.92 ~1,680.08 6,876.00 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 7th day of February, 1983. No. 26371. AN ORDINANCE to amend and reordain Section 34-58, Definitions, of the Code of the City of Roanoke (1979), as amended, and to add a new section numbered 34-81, Chartered limousines exempted, to provide a definition of chartered limousine and to exempt such service from the provisions of the sections pertaining to public vehicles; and to provide for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 34-58, Definitions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 34-58. Definitions. The following definitions are hereby adopted and declared for the construction of this article: Chartered limousine - The term "chartered limousine" shall mean and include a motor-driven vehicle, with a wheel base of 176 inches or longer, which is used for the transportation for hire of passengers and which is contracted for on an hourly or longer basis. For-hire automobile - The term "for-hire automobile" shall mean and include any motor-driven vehicle used for the transportation for hire of passengers, except buses operating on fixed routes, specially chartered buses, sight-seeing buses, chartered limousines, van service vehicles and taxicabs. Owner - The term "owner" shall include the purchaser of any vehicle under a reserve title contract. Public vehicle - The term "public vehicle" shall mean and include any taxicab, van service vehicle or for-hire automobile, as herein defined. Taxicab - The term "taxicab" shall maan and include any motor-driven vehicle for the transportation for hire of passengers, which vehicle is equipped with a taximeter. Taximeter - The term "taximeter" shall mean and include any mechanical instrument or device by which the charge for hire of a taxicab is mechanically cal- culated and on which such charge is plainly indicated. Van service vehicle - The term "van service vehicle" shall mean a motor-driven vehicle hauling sixteen (16) or fewer passengers and providing pre-scheduled service on a publicly filed vehicle route. Section 34-81. Chartered limousine exempted. The operation of chartered limousines shall not be subject to the requirements of this chapter but the operators of such service shall comply with all other applicable provisions of this Code. 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 470 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1983. No. 26372. AN ORDINANCE to amend and reordain certain sections of the 1982-83 General Fund Appro- priation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Health and Welfare $8,496,061.39 Social Services - Services (1-3) ................. 2,959,914.00 (1) A.D.C. Foster (2) W.I.N. Day Care (3) Salaries & Wages (A01531450011) (A01531450025) (A01531410002) $(98,438.33) (22,453.67) (10,034.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 1983. No. 26373. AN ORDINANCE to amend and reordain ~e~tain sections of the 1982-83 Grant Fund 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 C±ty of Roanoke that certain sections of the 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Litter Control (A355109) (1) .............................. $24,580.00 REVENUE Litter Control (R355109) (2) .............................. $24,580.00 (1) Professional Services (A35510950010) $8,726.00 (2) Grant Receipts (R35510921) 8,726.00 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 7th day of February, 1983. No. 26374. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund 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 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Miscellaneous Grant (A355100) $457,289.00 Centennial Committee (1-16) ...... ~ ................... 75,000.00 (1) Salaries & Wages (2) Extra Help (3) Materials & Supplies (4) Telephone (5) Electric (6) Water & Sewage (7) Gas (8) Travel & Education (9) Local Mileage (10) Insurance (11) Other Rental (12) Management Services (13) Contributions (14) Gala (15) Time Capsule (16) Youth Day (A35510610002) $ 4,940.90 (A35510610005) (1,500.00) (A35510630005) (1,759.53) (A35510631005) (340.84) (A35510631010) (131.55) (A35510631015) 66.87 (A35510631020) (682.01) (A35510633005) ( 7.84) (A35510633015) ( 67.47) (A35510635005) ( 54.00) (A35510660017) (100.00) (A35510660017) 351.34 (A35510695001) ( 10.00) (A35510695005) ( 50.00) (A35510695009) (500.00) (A35510695010) (155.87) 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 14th day of February, 1983. No. 26379. AN ORDINANCE relating to the improvement of Hershberger Road and approving a contract to be entered into betWeen the City and the Virginia Department of Highways and Transportation with respect thereto; 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, and the City Clerk is authorized to attest, the requisite con- tract between the City and the Commonwealth of Virginia, Department of Highways and Transportation, for implementation of the third phase of the first segment of the Hershberger Road Project, No. 0101-128-102, PE 101, RW-201, C-503, B-603, B-604, providing for the underpass interchange construction with related road widening from the %-581 interchange to Grandview Avenue. This agreement shall bind the City to pay a portion of the total first segment project cost, estimated to be $8,643,180.93, the City's estimated portion to be $2,625,376.83 (of which $1,001,365.47 will be reimbursed to the City by Hersch Associates). This agreement may contain any other provisions that the City Manager may require and shall be in such form as is approved by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its pas- sage. APPROVED City Clerk Mayor 47 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1983. No. 26380. AN ORDINANCE providing for the City's amendment of a contract dated May 22, 1978, as amended, with Hersch Associates, in order to delay the requirement of the latter's provision of a letter of credit to assure compliance with certain provisions of the contract; and providing for an'emergency. WHEREAS, by contract dated May 22, 1978, as amended by instrument dated July 6, 1978, between the City and Hersch Associates, a limited partnership (Hersch), the latter agreed to provide to the City an irrevocable letter of credit as of the date the City and the Commonwealth of Virginia enter into a contract for construction of the underpass and flyunder and for the widening of Hershberger Road, in order to insure, inter alia, that Hersch pay for the cost of constructing two lanes of an access road for a distance of 2,950 feet and that Hersch construct at least 650,000 square feet of leasable floor space within three years of the completion and acceptance of the flyunder and underpass, the widening of Hershberger Road and the construction of the access road or reimburse the City in accordance with a formula set forth in the contract. WHEREAS, the City and th& Commonwealth are about 'to enter into a contract for the construction of the underpass and flyunder and for the widening of Hershberger Road; WHEREAS, the parties deem it advisable to amend the above contract dated May 22, 1978 to delay until a certain d~te closer to the commencement of annual construction the requirement that Hersch deliver to the City the above-referenced letter of credit. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor is hereby authorized to execute, and the City Clerk is authorized to attest, an instrument on such form as approved by the City Attorney, amending the City's contract dated May 22, 1978, as amended by instrument dated July 6, 1978, with Hersch Associates, a limited partnership, to provide for a postponement until July 1, 1983, of the requirement, set out in paragraph 11 of the May 22, 1978 agreement, that Hersch provide to the City a letter of credit to secure the performance by Hersch of the above two contract provisions, set out in subparagraphs 3(b) and 3(c) of the May 22, 1978 agreement. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1983. No. 26381. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Fifth District Consortitm Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Fifth District Consortium Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Fifth District Consortium 10/1/81 to 9/30/82 (A348200) Fifth District Consortium 10/1/82 to 9/30/83 (A348200) $2,497,842.17 1,963,536.85 Admin. Pool (51-2-204-05) (A348260) (1-3) ................... 495,780.98 Title II AB (51-2-204-10) (A348261) (4) ..................... 1,125,917.30 YETP (51-2-204-48) (A348263) (5) ............................ 278,988.87 Title VII (51-2-204-27) (A348267) (6) ....................... 157,792.00 Admin. Pool (51-3-204-05) (A348360) (7-8) ................... 502,961.02 Title %I AB (51-3-204-10) (A348361) (9-11) .................. 1,381,353.70 YETP (51-3-204-48) (A348363) (12) ........................... 27,955.13 Title VII (51-3-204-27) (A348367) (13) ...................... 51,267.00 REVENUE Fifth District Consortium 10/1/81 to 9/30/82 (R348000) Fifth District Consortium 10/1/82 to 9/30/83 (R348300) $2,518,628.15 1,963,536.85 Admin. Pool (51-2-204-05) (R348201) (14-16) ................. 495,780.00 Title II AB (51-2-204-10) (R348201) (17) .................... 1,125,917.30 YETP (51-2-204-48) (R348201) (18) ........................... 278,988.87 Ti{le Vii (51~2-204-27)' (i9) ................................ 157,792.00 Admin. Pool (51-3-204-05) (R348301) (20-21) ................. 502,961.02 Title II AB (51-3-204-10) (R348301) (22-24) ................. 1,381,353.70 YETP (51-3-204-48) (R348301) (25) ........................... 27,955.13 Title VII (51-3-204-27) (R348301) (26) ...................... 51,267.00 (1) Unobligated Admin. Pool (2) Unobligated Admin. Pool (3) Unobligated Admin. Pool (4) Unobligated II AB (5) Unobligated YETP (6) Unobligated Title VII (7) Unobligated Admin. Pool (8) Unobligated Admin. Pool (9) Unobligated Title II AB (10) Unobligated Title II AB (11) Unobligated SYEP (12) Unobligated YETP (13) Unobligated Title VII (14) Admin. Pool (15) Admin. Pool (16) Admin. Pool (17) Title II AB (18) YETP (19) Title VII (20) Admin. Pool (21) Admin. Pool (22) Title II AB (23) Title II AB (24) SYEP (25) YETP (26) Title VII (A34826099999) $ 574.00 (A34826099999) ( 6,477.00) (A34826099999) ( 176,478.00) (A34826199999) (75,417.70) (A34826399999) (27,955.13) (A34826799999) (51,267.00) (A34836099999) 254,657.00 (A34836099999) 176,478.02 (A34836199999) 1,018,630.00 (A34836199999) 75,417.70 (A34836199999) (26,656.00) (A34836399999) 27,955.13 (A34836799999) 51,267.00 (R34820160) 574.00 (R34820160) (6,477.00) (R34820160) (176,478.02) (R34820161) (75,417.70) (R34820163) (27,955.13) (R34820167) (51,267.00) (R34830160) 254,657.00 (R34830160) 176,478.02 (R34830161) 1,018,630.00 (R34830161) 75,417.70 (R34830161) (26,656.00) (R34830163) 27,955.13 (R34830167) 51,267.00 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 February, 1983. No. 26382. A RESOLUTION requesting the Governor of the Commonwealth of Virginia to designate the jurisdictions of the Fifth District Employment and Training Consortium as a Service Delivery Area under the Job Training Partnership Act of 1982, Public Law No. 97-300 and authorizing the appropriate City officials to execute and submit an application for Service Delivery Area designa- tion. WHEREAS, the Fifth District Employment and Training Consortium is comprised of the Cities of Clifton Forge, Covington, and Roanoke and the Counties of Allegheny, Botetourt, Craig and Roanoke; WHEREAS, the Consortium meets all requirements of the Job Training Partnership Act for automatic Service Delivery Area designation by representing contiguous localgovernments with an aggregate population of 231,000 serving 99.91% of the two labor market areas; WHEREAS, the Consortium has existed and successfully operated Employment and Training programs in the Fifth Planning District area for nine years; WHEREAS, the Consortium has earned the highest possible assessment rating by the Department of Labor for the last three consecutive years; WHEREAS, the Consortium has established a Private Industry Council that complies with all requirements specified in Section 102 of the Job Training Partnership Act; WHEREAS, the Private Industry Council unanimously adopted a formal resolution in support of the designation of the Fifth District Employment and Training Consortium as a Service Delivery Area; WHEREAS, the expansion of the Service Delivery Area to include additional jurisdictions (except the City of Salem) would dilute the involvement of local government and business officials and may result in decreased effectiveness; WHEREAS, the City Manager and the Consortium Policy Board recommend that it is in the best interest of the City to continue the operation of Employment and Training programs through the Fifth District Employment and Training Consortium; WHEREAS, the City of Salem, Virginia, is most welcome to participate with the jurisdictions of the Fifth District Employment and Training Consortium in this program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that: 1. The City Council hereby requests the Governor to designate the jurisdictions of the Fifth District Employment and Training Consortium (plus the City of Salem, should it choose to participate) as a Service Delivery Area, pursuant to Section 101(a)(4)(b) of the Job Training Partnership Act of 1982. 2. The City of Salem is hereby invited to participate with the jurisdictions comprising the Fifth District Employment and Training Consortium in this program. 3. The Mayor is authorized to execute and submit an application to the Governor of Virginia for the designation of the Fifth District Employment and Training Consortium jurisdictions (plus Salem should it choose to participate) as the Service Delivery Area under the aforesaid federal statute. 4. The City Clerk is directed to transmit an attested copy of this resolution to the City Clerk for the City of Salem and to the Honorable Charles Robb, Governor of Virginia. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of February, 1983. No. 26383. AN ORDINANCE authorizing the Mayor to execute the Revised Consortium Delegation Agreement of the Fifth District Employment and Training Consortium on behalf of the City under the Job Training Partnership Act, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor of this City is hereby authorized to execute, on behalf of the City, and the City Clerk is authorized to attest, the Revised Consortium Delegation Agreement of ~the Fifth District Employment and Training Consortium under the Job Training Partnership Act, as more particularly described in the report of the City Manager dated February 14, 1983; such agreement 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 APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1983. No. 26375. AN ORDINANCE permanently vacating, discontinuing and closing an unopened paper street between Blocks 7 and 11, Map of Washington Heights, extending from Westside Boulevard, N. W., in an easterly direction for approximately 160 feet, in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, William Lotz, has heretofore filed his application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the within described street, which is more particularly described herein- after; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by Section 30-14, Code of the City of Roanoke (1979), as amended, and having a hearing at its regular meeting on July 7, 1982, reported to Council and recommended that the hereinafter described street be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on November 8, 1982, at 7:30 p.m., after due and timely notice thereof as required by Section 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 hereinafter described street 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 for permanently vacating, discontinuing and closing said street, as request'~d by William Lotz, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain street situate in the City of Roanoke, Virginia, and more particularly described as follows: An unopened paper street between Blocks 7 and 11, Map of Washington Heights, extending from Westside Boulevard, N. W., in an easterly direction for approxi- mately 160 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 street, together with the right of ingress or egress for the maintenance of such lines, mains or utilities; such easement or easements to terminate upon the later abandonment of use or permanent removal from the abovedescribed street 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 street, on all maps and plats on file in his office on which said street is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virgina, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of William Lotz 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 28th day of February, 1983. No. 26376. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, .City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council to the City of Roanoke to have the property located on Luck Avenue, 6th Street and Church Avenue, S. W., designated as Official Tax Nos. 1113501 through 1113507, inclusive, and 1113305, 1113318 and 1113304, rezoned from C-4, Central Business Expansion District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-4, Central Business Expansion District, to LM, Light Manufacturing District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 14th day of February, 1983, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke,· be amended in the following particular and no other, viz: Property located on Luck Avenue, 6th Street and Church Avenue, S. W., in the City of Roanoke, described as Jefferson High School Annex and Roanoke Fashions Knitting Plant, designated on Sheet 111 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1113501 through 1113507, inclusive, and 1113305, 1113318 and 1113304, be, and is hereby changed from C-4 Central Business Expansion District, to LM, Light Manufacturing District, and that Sheet No. 111 of the aforesaid map be changed in this respect. ATTEST: ~~,___ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1983. No. 26377. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 277, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property known as 1474 Peters Creek Road, N. W., located on the westerly side of Peters Creek Road, contain-· ing 0.535 acre, and designated on Roanoke City Appraisal Map as Official Tax No. 2770105, rezoned from C-i, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-i, Office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 14th day of February, 1983, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 36-3 and 36- 4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 277 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the westerly side of Peters Creek Road, known as 1474 Peters Creek Road, N. W., containing 0.353 acre, and described as: BEGINNING at a concrete monument on the westerly line of the new right-of-way of Peters Creek Road (Va. State Hwy. Rt. 117), said beginning point being S. 11 deg. 04' 20" W. a distance of 40.8 feet from the intersection of the new center line of relocated Highway Route 1452 (Peachtree Drive) and the new west line of Peters Creek Road; thence with the new westerly right-of-way line of Peters Creek Road, 22.5 feet westerly from and parallel with the proposed cener line of the West bound lane of Peters Creek Road, S. 11 deg. 04' 20" W. a distance of 167.16 feet to an iron pin; thence with a new line in the R. B. Layman property, N. 76 deg. 55' 40" W. a distance of 150.00 feet ~to an iron pin; thence N. 6 deg. 54' 40" W. a distance of 97.10 feet to an iron pin; thence N. 75 deg. 09' 20" E. a distance of 181.61 feet to a con- crete monument; thence S. 48 deg. 16' 30" E. a distance of 19.23 feet to the place of BEGINNING: and containing 0.535 acre, designated on Sheet 277 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2770105, be, and is hereby, changed from C-l, Office and %nstitutional District, to C-2, General Commercial District, and that Sheet No. 277 of the aforesaid map be changed in this respect ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1983. No. 26378. AN ORDINANCE amending the definition of "Home Occupation" in Section 36-2 and adding a new subsection (9) to Section 36-62, Code of the City of Roanoke (1979), as amended, in order to make repair shops for radios, televisions and fractional horsepower motors uses permitted by special exception in certain zoning districts. BE IT ORDAINED by the Council of the City of Roanoke that the definition of "Home Occupation" in Section 36-2, Definitions, Code of the City of Roanoke (1979), as amended, be amended, and that a new subsection (9) be added to Section 36-62, Uses and structures permitted as special exceptions, Code of the City of Roanoke (1979), as amended, to read and provide as follows: Section 36-2. Definitions. Home occupation: An occupation conducted in a dwelling unit, provided that: (1) No person other than members of the family residing on the premises shall be engaged in such occupation. (2) The use of the dwelling unit for the home occupation shall be clearly incidental and 'subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation. (3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the con- duct of such home occupation, other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flat against~the wall of the principal building. (4) No home occupation shall be conducted in any accessory building. (5) There shall be no sales in connection with a home occupation. (6) No traffic shall be generated by such hdme occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard. (7) No equipment or process, shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit, if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. Section 36-62. Uses and structures permitted as special exceptions (9) Repair shops for radios, televisions and fractional hosepower motors, provided that the requirements for a home occupation are met, as well as the following criteria: , [ ATTEST: (a) Such shops may be operated only during normal daylight hours. (b) Such shops may not be advertised by either on or off premises signs. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1983. No. 26384. AN ORDINANCE designating and naming a certain bridge in the southeast section of the City as Riverdale Bridge. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The certain bridge in the southeast section of the City upon which State Route 115-116 crosses the Roanoke River is hereby designated and named Riverdale Bridge. 2. The City Engineer is hereby directed to cause the above bridge name to be noted appropriately on all maps and plats lodged in his care and the City Manager is hereby authorized to cause the placement of appropriate name signs on said bridge. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1983. No. 26385. AN ORDINANCE permitting the encroachment of a canopy to be erected at the entrance to Fink's Jewelers, Inc., 310 South Jefferson Street, over the public sidewalk in front of such building, but not to extend closer than two feet from the adjacent curb line, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted Fink's Jewelers, Inc., its assigns or successors in interest, lessee of the property located at 310 South Jefferson Street, to construct and main- tain a certain canopy extending from the building on the said property over and across the sidewalk area adjacent to said building, but not closer than two feet from the adjacent curb line of South Jefferson Street, said canopy to be constructed and maintained in conformance with the provisions of Chapter 27, Code of the City of Roanoke (1979), as amended, and to be in accordance with the plans for such canopy filed with the application of Fink's Jewelers, Inc., dated December 3, 1982, and thereafter approved by the Planning Commission. 2. Council reserves the right to cause the aforesaid encroachment to be discontinued at any time for good cause and at the expense of the then owner or occupant of the property at 301 South Jefferson Street. 3. The permittee shall provide the City Clerk with a certificate of insurance, naming the City of Roanoke as an additional insured, providing liability insurance in the amount of at least $50,000 for injury to or death of one person, at least $100,000 for injury to or death of two or more persons, and at least $10,000 for property damage. The said certificate shall Contain a provision that coverage will not be cancelled or materially altered except after thirty (30) day's written notice to the City. 4. The permittee agrees that it, its officers, agents, assigns, or successors in interest shall indemnify and hold harmless the City of Roanoke from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the encroachment permitted hereby over a public sidewalk. 5. The City Clerk shall transmit an attested copy of this ordinance to the permittee. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed and attested by a duly authorized officer of the permittee, has been filed with the City Clerk, and the proper building permit has been obtained from the Building Commissioner. ATTEST: Cit~ Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1983. No. 26388. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for~the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke tha~ certain sections of the 1982-83 Capital Projects Fund Appropriations be, and the same arehereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects $ 4,495,817.55 Williamson Road Storm Drain Project-Phase I (1).. 230,700.00 Aerial Survey Services (2) ....................... 12,682.00 Capital Improvement Reserve 10,691,962.02 Public Improvement Bonds, Series 1982 (3) ........ 9,224,209.00 Fund Balance - Unappropriated (4) ..................... 3,521,470.62 (1) Wm. Road Storm Drain Project - Phase I (A08220191201) (2) Aerial Survey Services (A08220193501) (3) Public Improvement Bonds Series 1982 - Storm Drains (A08310172702) (4) Fund Balance - Unappropriated (X08937210) $ 230,700.00 12,682.00 (237,041.00) (6,341.00) 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 28th day of February, 1983. No. 26389. AN ORDINANCE authorizing a contract with Mattern and Craig, P.C., Consulting Engineers, to provide engineering services for Phase I, Williamson Road Storm Drain Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with Mattern and Craig, P.C., Consulting Engineers, of Roanoke, Virginia, for the provision by such firm of engineering services for preliminary design, final design and contract specifications and overview supervision of construction work identified as Phase I, Williamson Road Storm Drain Project, such services being more particularly set forth in the report of the City Manager dated February 28, 1983, and the attachments thereto. 2. The maximum compensation to be paid pursuant to said contract plus extra services as designated by the City shall not exceed the sum of $230,700 without further approval of this Council. 3. The form of the contract with said firm shall be approved by the City AttOrney. 4. In order to provide for the ususal daily 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 28th day of February, 1983. No. 26390. AN ORDINANCE authorizing a contract with Aerial Data Reduction Associates, Inc., for aerial photography 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 City Clerk are authorized to execute and attest, respectively, an agreement with Aerial Data Reduction Associates, Inc., Pennsauken, New Jersey, for the provision by such firm of aerial photography work, such services being more particularly set forth in the report of the City Manager dated February 28, 1983, and the attachments thereto. 2. The contract authorized by this ordinance shall be in the amount of $12,682. 3. The form of the contract with Aerial Data Reduction Associates, Inc., 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 28th day of February, 1983. No. 26391. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Schools $2,178,352.91 Harrison School Project (1) ................................... 40,000.00 REVENUE Due from Fralin and.Waldron, Inc. (2) ............................... Other - Fralin and Waldron (3) ................................. 40,000.00 40,000.00 (1) Harrison School Project (2) Due from Fralin and Waldron (3) Fralin and Waldron (A08160190903) (X08111505) (R08013005) $40,00O.00 40,000.00 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 28th day of February, 1983. No. 26392. 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, Resolution No. 4748 also requires that extension of benefits provided for by such resolution beyond sixty days shall be only upon authority of Council; WHEREAS, by report of February 28, 1983, the City Manager has recommended that benefits available to Lt. G. I. Morgan, of the Fire Department be extended by authority of Council; THEREFORE, BE IT RESOLVED by the Council as follows: 1. Lt. G. I. Morgan of the Fire Department shall be paid the difference between his base pay and any sums received pursuant to the Workmen's Compensation Act retroactive to February 8, 1983, for a period of sixty days from February 28, 1983, or until such officer is able to return to duty, whichever occurs first. 2. Such employee shall under no circumstances receive payments from the City, including Workmen's 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 officer is able to return to duty. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1983. No. 26393. AN ORDINANCE amending and reordaining Section 32-6, Interest rate on delinquent taxes, of the Code of the City of Roanoke (1979), as amended, to provide for the interest rate to be imposed on delinquent city taxes; and providing for an effective date and an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-6, Interest rate on delinquent taxes, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-6. Interest rate on delinquent taxes. (a) Interest on delinquent taxes owed to the city shall commence in accordance with the applicable provisions of this Code governing each particular City tax at the rate of ten percent (10%) per annum for the first year on such unpaid tax balance. (b) Pursuant to Section 58-847, Code of Virginia (1950), as amended, the rate of interest to be charged on delinquent taxes owed to the City for the second and subsequent years of delinquency shall be the same rate of interest established pursuant to Section 6621 of the Internal Revenue Code of 1954, as amended, for tax underpayments and overpayments. The Director of Finance shall ascertain and report to Council such interest rate as shall from time to time be established pursuant to Section 6621 of the Internal Revenue Code of 1954, as amended. The City Clerk shall maintain a separate record of such reports. (c) Interest rates imposed on delinquent taxes as provided for in Sections 19-20, 32-19, 32-20, 32-106, 32-107, 32-222 and 32-244 of this Code shall be determined, published and recorded in accordance with this section. (d) For purposes of interest rate selection under the authority of Section 58-847, Code of Virginia (1950), as amended, "year of delinquency" shall be measured by yearly periods beginning at a time when interest on delinquent taxes is first assessed under the authority variously set out in this Code. 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 effective retroactively on and after January 1, 1983. APPROVED ATTEST: ~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1983. No. 26395. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Streets and Bridges $7,610,662.28 Hershberger Road (1) .......................................... 3,033,427.38 Capital Improvement Reserve 9,304,991.66 Capital Improvement Reserve (2) ............................... 1,004,402.02 Public Improvement Bonds, Series 1982 (3) ..................... 8,266,238.64 REVENUE Due from Hersh Associates - Hershberger Road Interchange (4) ....... $1,001,365.47 Other Income - Hersh Associates (5) ................................ 1,001,365,47 (1) Hershberger Road (A08210191401) (2) Capital Imp. Res. Hershberger Access (A08310172503) (3) Streets & Bridges (A08310172701) (4) Due from Hersh Assoc. - Hershberger Road (5) Other Income - Hersh Assoc. (X08113302) (R08013004) $ 2,625,376.83 (429,000.00) (1,195,011.36) 1,001,365.47 1,001,365.47 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, V%RGINIA, The 28th day of February, 1983. No. 26396. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordaine~ to read as follows, in part: APPROPRIATIONS Sanitation Projects $ 4,305,435.55 Storm Drain Project VIII (1) .................................. 67,705.00 Capital Improvement Reserve 10,876,003.02 Public Improvement Bonds, Series 1982 (2) ..................... 9,408,250.00 (1) Storm Drain Project VIII (A08220192501) (2) Public Improvement Bonds, Series 1982 - Storm Drains(A08310172702) $ 53,000.00 $(53,000.00) 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 28th day of February, 1983. No. 26397. AN ORDINANCE accepting the bid of J. & H. Grading Company, Inc., for construction of Bond Issue Storm Drain Project VIII, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of J. & H. Grading Company, Inc., made to the City in the total amount of $47,805.95, for construction of Bond Issue Storm Drain Project VIII (Syracuse Avenue, N. W., Jackson Avenue, S. W., and Aspen Street, N. W.), 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 J. & H. Grading Company, Inc., 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 said work to be paid for out of funds heretofore or simultaneously appropriated for this purpose and the appropriate City. officials shall establish a contingency fund for this project in the amount of $5,194.05. 3. Ail other bids made to the City for ~he aforesaid work be and they 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 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 Mayor · L ............ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of February, 1983. No. 26398. A RESOLUTION commending and expressing appreciation to the members of the Roanoke Centennial Committee for their role in the magnificent Centennial celebration of our City. WHEREAS, in 1979, the Honorable Noel C. Taylor, Mayor of the City of Roanoke, suggested the appointment of a Centennial Committee to plan appropriate celebrations and activities for the City's Centennial Year, 1982, and the members of such Committee planned numerous imaginative and exciting celebrations and activities for the City's Centennial Year which events had the effect of renewing a sense of togetherness and pride in Roanoke's people, accomplishments of which the members of such Committee can be justly proud; WHEREAS, the members of the Centennial Committee gave unselfishly of their time and ability and served the City in an exemplary fashion in planning and supervising the many celebrations and activities held during the Centennial Year; WHEREAS, celebrations and activities of interest to every segment and section of the community were held, including a New Year's Eve celebration in the City Market, a gala at the Civic Center, a Centennial parade which was indeed "the parade of the Century", an original, full-length musical drama set in Roanoke in 1882 and entitled, "This Bright Day", a Fourth of July celebration with a giant birthday cake, a Harvest Moon Ball and the burying of a time capsule; and WHEREAS, Roanoke's Centennial will be long remembered due to the civic-spirited contribution of those outstanding persons who served on the Centennial Committee. THEREFORE, BE IT RESOLVED that the Council Of the City of Roanoke adopts this means of recognizing the contributions of and expressing its gratitude to the following members of'the Centennial Committee who have been essential in making Roanoke's designation as the "Star City of the South" a reality: Mrs. Helen B. Anderson Mr. M. Carl Andrews Mr. James L. Ayers Mrs. Polly Ayers Mrs. William B. Bagbey Mr. John P. Bradshaw Ms. Duane Britton Mr. Sydnor W. Brizendine Mr. Samuel S. Bulbin Ms. Rose Ann Burgess Miss Martha I. Davis Mr. David K. Denson Mr. William E. Dressler Mr. Lacy L. Edwards Ms. Brenda Elliott Ms. Gloria Elliott Mr. David M. Farnum Mrs. Charles W. Glover Mrs. J. Felix Goodrum, III Mr. Jack M. Goodykoontz Mrs. Linda E. Hart Mr. David G. Helmer Mr. Robert W. Hooper Mr. Evans B. Jessee Mr. E. Laban Johnson Mr. Percy T. Keeling Mr. James N. Kincanon Mrs. Dana B. Lee Mrs. William J. Lemon Ms. M. Diane Lynch Mr. Barton W. Morris Mr. Samuel G. Oakey Dr. James W.'Patton Dr. Leo Platt Mr. Larry E. Poteat Mrs. Betty Ann Sanders Mr. Nicholas F. Taubman Mr. John R. Turbyfill Mr. John S. Voit Rabbi Gerry H. Walter Mr. James E. Webster Mr. J. Randolph West Mr. Vincent S. Wheeler Mr. C. L. Whitehurst Mrs. Joyce Waugh ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1983. No. 26386. AN ORDINANCE adding a new Section 21-46, Evening door-to-door sales; limitations, to the Code of the City of Roanoke (1979), as amended, establishing certain limitations on evening door-to-door sales in the City. WHEREAS, this Council finds it necessary to adopt reasonable controls on the activities of door-to-door vendors for the safety and well-being of persons residing in this City; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a new section, Section 21-46, Evening door~to-door sales; limitations, be added to the Code of the City of Roanoke (1979), as amended, to read and provide as follows: Section 21-46. Evening door-to-door sales; limitations. (a) No person offering any item or service for sale within the City, when such person goes from one place of human habitation to another without a prior appointment with the inhabitants thereof, offering such item or serve.ce for sale, shall do so between the hours of 9:00 p.m. in the evening and 8:00 a.m. in the morning. (b) As used in this section, the term "prior appointment" shall mean an appointment to offer any item or service for sale for which the express consent of an inhabitant of the particular place of human habitation where the offer is to be made has been given in advance of the offeror's arrival at the place of habitation where the item or service is to be offered for sale, provided ~no person shall go from one place of human habitation to another soliciting appointments between the hours of 9:00 p.m. and 8:00 a.m. in the morning. (c) The provisions of this section shall not apply to: (i) persons licensed by the State under Title 38.1, Insurance, Code of Virginia (1950), as amended, when such persons are selling insurance. (2) persons offering newspapers for sale. (3) persons offering fresh farm products for sale. (d) Any person violating this section shall be guilty of a Class 4 misdemeanor. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1983. No. 26394. AN ORDINANCE authorizing the City's lease of certain land and improvements thereon located at Twelfth Street and Campbell Avenue, S. E., to Greater Roanoke Transit Company, upon certain terms and conditions. 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 and deliver, and the City Clerk is authorized to attest, an agreement of lease on behalf of the City as lessor with Greater Roanoke Transit Company as lessee, for certain property containing approxi- mately 42,786 square feet of floor space located at Twelfth Street and Campbell Avenue, S. E., Roanoke, Virginia, now being utilized by Greater Roanoke Transit Company. The term of this lease shall be for a period of three years from March 23, 1983 through March 22, 1986, with rental at the rate of $36,000.00 annually, payable in monthly installments of $3,000.00 each on the first day of each month during the term of this lease. 2. This lease shall be upon such form as approved by the City Attorney and contain such other terms and conditions as are agreeable to the City Manager, but shall contain a provision to the effect that the City of Roanoke will be responsible for providing fire and extended coverage insurance with respect to the leased premises during the term of this lease. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1983. No. 26400. AN ORDINANCE accepting a bid for furnishing traffic paint 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 Baltimore Paint & Chemical Company to supply to the City 5000 gallons of traffic paint in accordance with the City's specifications therefor for the sum of $24,950 is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order for the above mentioned traffic'paint, such purchase order to be made and filed in accordance with the City's specifications, the bidder's proposal and in accordance with this ordinance. 3. That the other bids received for the supply of traffic paint 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, V%RGINIA, The 7th day of March, 1983. No. 26401. A RESOLUTION establishing a procedure with respect to the public hearing and written approval required by Federal law as a prerequisite to obtaining Federal tax exemption for interest paid on certain industrial development bonds. WHEREAS, amendments to the Internal Revenue Code made by the Tax Equity and Fiscal Responsibility Act of 1982, require a public hearing after public notice prior to the issuance of certain bonds by industrial development authorities, and such amendments also require written approval of issuance of bonds by industrial development authorities by either an elected legislative body or the chief executive officer or any other officer designated by such chief executive officer; WHEREAS, the 1983 Session of the General Assembly has adopted House Bill 730 which, when effective, will establish the procedures to be followed by all industrial development authorities in this Commonwealth; WHEREAS, it is the desire and intent of this Council to immediately implement the procedures established by House Bill 730 for issuance of industrial development bonds by the Industrial Development Authority of the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Upon the adoption of this resolution, the procedures established by Section 15.1- 1378.1 of House Bill 730, adopted by the 1983 Session of the General Assembly, shall be applicable and followed by this Council and the Industrial Development Authority of the City of Roanoke, Virginia, whenever Federal law requires public hearings and public approval as a prerequisite to obtaining Federal tax exemption for the interest paid on industrial development bonds, unless otherwise specified by Federal law or regulation. 2. The City Clerk is directed to forward an attested copy of this resolution to Jack C. Smith, Chairman of the Industrial Development Authority of the City of Roanoke, Virginia, and to Robert E. Glenn, counsel for the Authority. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1983. No. 26402. AN ORDINANCE authorizing a certain contract to be entered into with Colonial American National Bank for service of the City's Payroll Bank Account; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as fol].owz: 1. The Director of Finance is hereby authorized, for and on behalf of the City, to enter into a written contract with Colonial American National Bank for a term from June 1, 1983, to May 31, 1986, providing for such Bank's servicing the City's Payroll Bank Account, such contract being attached to the report of the Director of Finance and the City Treasurer, dated March 7, 1983, a copy of which is on file in the Office of the City Clerk, and upon such other terms and conditions as are provided therein. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of March, 1983. No. 26403. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. .THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982'83 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Government $10,870,794.72 Roanoke Centre for Industry & Technology (1) ............... 187,020.66 Fund Balance - Unappropriated (2) ............ ~ ............. 1,899,637.03 (1) Appropriated from General Revenue (2) Fund Balance - Unappropriated (A08110190803) (X08937210) $ 176,464.00 (176,464.00) 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 7th day of March, 1983. No. 26404. AN ORDINANCE accepting the bid of J & H Grading Company, Inc., for partial site grading and installation of a temporary construction access road to the Roanoke Centre for Industry and Technology, 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 that: 1. The bid of J & H Grading Company, Inc., of Dry Fork, Virginia, made to the City in the total amount of $156,464.00 for partial site grading and installation of a temporary construc- tion access road to the Roanoke Centre for Industry and Technology, 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 and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with J & H Grading Company, 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. 3. Ail other bids made to the City for the aforesaid work be and they 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 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 14th day of March, 1983. No. 26387. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 149, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have 30.29 acres, more or less, situated between Ogden Road and Colonial Avenue, S. W., being a portion of the property designated on.the Tax Appraisal Map of the City of Roanoke as Official Tax No. 1490201 rezoned from RS-i, Single Family Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commissionhas recommended that the hereinafter designated on the Tax Appraisal Map of the City of Roanoke as Official Tax No. 1490201 rezoned from RS-i, Single Family Residential District, to RG-1, General Residential District; and WHEREAS, the City Planning Commission as recommended that the hereinafter described land be rezoned from RS-i, Single Family Residential District, to RG-1, General Residential District; the said rezoning to be subject to the conditions proffered by the applicants in their application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 14th day of February, 1983, at 7:30 p.m., before the Council of the City of Roanoke, 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 recommenda- tions made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 149 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other, viz: Property located between Ogden Road and Colonial Avenue, S. W., described as 30.29 acres, more or less, and being a portion of the property designated on Sheet 149 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1490201 be, and is hereby, changed from RS- 1, Single Family Residential District, to RG-1, General Residential District, subject to the conditions proffered by and set forth in the applicant's application for rezoning, and that Sheet No. 149 of the aforesaid map be changed in this respect. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1983. NO. 26399. AN ORDINANCE authorizing Greater Roanoke Transit Company a public service corporation, of which the City of Roanoke is the sole stockholder, to manage and operate two publicly-owned parking facilities for and on behalf of the City. WHEREAS, the City is authorized by Section 2(12.1) of its Charter to own, maintain and operate parking garages and to provide for their management and control by an agency specially established by ordinance for such purpose or to provide by lease granted by Council for their management and control by others than the City; WHEREAS, in the near future two new parking facilities, Williamson Road Parking Garage and Market Square Parking Garage, owned by the City will be opened for public use; WHEREAS, Greater Roanoke Transit Company, a Virginia public service corporation of which the City of Roanoke is the sole stockholder (hereinafter "GRTC"), is in the business of providing mass transportation services, and GRTC will own the Transportation Center, an intermodal transportation facility and parking facility; WHEREAS, GRTC is desirous of managing and operating the Williamson Road Parking Garage and the Market Square Parking Garage, in addition to the Transportation Center, and Council deems it in the public interest that GRTC manage and operate such facilities; WHEREAS, Council recognizes that GRTC may contract with a private firm or firms for the provision of management services required in the operation of such parking facilities; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Authority and responsibility for the management and operation of the Williamson Road Parking Garage and Market Square Parking Garage (hereinafter "parking facilities") is hereby bestowed upon GRTC; 2. GRTC shall through its Board of Directors establish policy for the operation of such parking facilities. 3. GRTC shall be authorized to enter into such contracts for management services required in the operation of parking facilities as it deems necessary. 4. This delegation of authority to GRTC may be amended or terminated at any time in the sole discretion of this Council. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1983. No. 26407. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Grant Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Grant Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Roanoke City School Grants (A354000) $3,706,739.70 Pre-School Incentive Mini-Grant (1-3) ......................... 4,182.00 REVENUE Roanoke City School Grants (R354000) $3,706,739.70 Pre-School Incentive Mini-Grant (4) ........................... 4,182.00 (1) Salaries (A35452410030) $3,794.28 (2) Fringe Benefits (A35452411070) 254.22 (3) Equipment (A35452490010) 133.50 (4) Federal Grant Receipts (R35452421) 4,182.00 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 14th day of March, 1983. No. 26408. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Recreation $1,256,856.52 Mill Mountain Park Improvement Project (1) ................... 100,000.00 Mill Mountain Zoo Improvement Project (2) .................... 100,000.00 Mill Mountain Improvements (3) ............................... - 0 - Fund Balance - Unappropriated (4) ............................ 1,737,333.32 (1) Mill Mountain Park Improvement Project (2) Mill Mountain Zoo Improvement Project (3) Mill Mountain Improvements (4) Fund Balance - Unappropriated (A08120191103) (A08170191203) (A08170190103) (X08937210) $ 100,000.00 100,000.00 (37,696.29) (162,303.71) 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 14th day of March, 1983. No. 26409. AN ORDINANCE to amend and reordain certain sections of the 1982-83 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 1982-83 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 Other Public Buildings $ 7,980,769.19 Williamson Road Parking Garage (1) ......................... 1,317,254.09 Cultural Center Parking Garage (2) ......................... 3,460,829.10 GRANT FUND Appropriations C.D.B.G. - 1982 $12,506,194.80 Williamson Road Parking Garage (3) ......................... 70,000.00 Revenue Community Development Sale of Land (4) ........................................... (1) Appropriated from Capital Grant (2) Appropriated from Capital Grant (3) Williamson Road Parking Garage (4) Sale of Land (A08180191602) (A08180190802) (A35668201801) (R35666604) $ 79,778.59 (79,778.59) 70,000.00 70,000.00 $12,530,384.80 375,000.00 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 14th day of March, 1983. No. 26410. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Avis Construction Company, %nc., of Roanoke, Virginia, for additional foundation work and other related items in connection with the construction of the Williamson Road Parking Garage; and providing for an emergency. BE I% 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 Avis Construction Company, %nc., of Roanoke, Virginia, dated June 17, 1982, authorized by Ordinance No. 26087, adopted June 14, 1982, as more particularly set out in the City Manager's report dated March 14, 1983, a copy of which is on file in the City Clerk's Office. performed: Change Order No. 1 shall provide for the following changes in the work to be CONTRACT AMOUNT $1,333,000.00 Additional foundation work and other related items as specified in City Manager's report dated March 14, 1983 + $ 193~792.88 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $1~526,792.88 Additional time resulting from Change Order No. 1 78 days. 3. In order to provide for the usual daily operation of the municipal corporation, 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 March, 1983. No. 26411. AN ORDINANCE authorizing the City Manager to enter into a contract with Geotechnics, Inc. to provide soil engineering services with regard to the Williamson Road Parking Garage; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. That the City Manager or the Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with Geotechnics, Inc. for the provision by such firm of soil engineering services with regard to the Williamson Road Parking Garage, such services being more particularly set forth in the report of the City Manager dated March 14, 1983, a copy of which is on file in the City Clerk's Office. 2. The contract authorized by this ordinance shall be in the amount of $29,729.22, such sum to include services previously provided pursuant to the requisite purchase orders of the City. 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 14th day of March, 1983. No. 26412. A RESOLUTION supporting the Summer Youth Jobs "83" Program. WHEREAS, the unemployment rate among youths is at present higher than usual rates, and such rate will likely increase during the upcoming summer months unless affirmative steps are taken to increase youth employment; and WHEREAS, the Roanoke City Office on Youth is participating with other local agencies in the development of a Summer Youth Jobs "83" Program, to begin in June, which has as its goal the provision of unsubsidized private sector employment for youth; and WHEREAS, this Council desires to support the Summer Youth Jobs "83" Program and to encourage active participation in the'Program by industries and businesses. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council hereby expresses its support of the Summer Youth Jobs "83" Program and it hereby encourages local industries and businesses to participate actively in the Program in order to provide adequate summer employment opportunities for the youth of this City. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN%A, The 14th day of March, 1983. No. 26413. AN ORDINANCE providing for the termination of an option to purchase real property, dated December 15, 1982, between the City of Roanoke and the Trustees of Builders Investment Group, and for the release of the real property to which such option agreement applies; and providing for an emergency. WHEREAS, Ordinance No. 26331, dated December 27, 1982, authorized the City Manager to enter into an option to purchase certain real estate from Builders Investment Group; WHEREAS, by Option to Purchase Real Estate, dated December 15, 1982, this City acquired an option to purchase all of the real estate of Builders Investment Group lying in the City of Roanoke, Virginia, for a term of 120 days from and excluding December 15, 1982; WHEREAS, the City of Roanoke no longer has any need for the property covered by such option agreement and desires to terminate such option and release the option property; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, and the City Clerk is authorized to attest, an appropriate instrument terminating and rendering null and void the Option to Purchase Real Estate, dated December 15, 1982, between the City of Roanoke, Virginia, and the Trustees of Builders Investment Group, and releasing the real estate covered by such option instrument. 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 f~rce and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1983. No. 26414. A RESOLUTION noting the opposition of Roanoke City Council to Senate Bill 226, and, in particular, the amendments made to such bill by the House Committee on General Laws, and calling upon the Governor to return such bill to the General Assembly for reconsideration after full and fair opportunity for public input and debate. WHEREAS, the 1982 Session of the General Assembly adopted the Virginia Public Procurement Act after much debate and controversy; WHEREAS, local governments in the Commonwealth initially uniformly opposed the Public Procurement Act, but agreed to withdraw their opposition to the Act when they were assured that they would be bound only by the mandatory provisions set out in subparagraph (e) of Section 11-35; WHEREAS, after adoption of the Public Procurement Act, localities expended considerable time and money in the training of employees to comply with the new Act and in the drafting of local procurement codes, based on competitive principles, which comply with the mandate of the State Act; WHEREAS, the original purpose of Senate Bill 226~was to authorize school boards to adopt alternative procurement procedures, based on competition, rather than their being covered by the Public Procurement Act, and the objectionable amendment to Senate Bill 226 was made at the last meeting of the House Committee on General Laws without any opportunity for public input or debate; WHEREAS, the method of "competitive negotiation" is not particularly well-suited for procuring services of certain professionals, such as doctors, accountants and optometrists, and there are equally as good, if not better, methods for the procurement of architects and engineers; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this resolution as a means of indicating its strong opposition to the amendment added to Senate Bill 226 by the House Committee on General Laws which mandates that localities utilize the process known as "competitive negotiation" for obtaining professional services. 2. The Governor is respectfully requested tO return Senate Bill 226 to the General Assembly for reconsideration, after ample opportunity for public input and debate, or in the alternative, to veto Senate Bill 226. 3. The Clerk is directed to forward attested copies of this resolution to the Honorable Charles Robb, Governor, the Honorable Ray L. Garland, Member, Senate of Virginia, the Honorable A. Victor Thomas, Member, House of Delegates, the Honorable Clifton~A. Woodrum, III, Member, House of Delegates, and R. Michael Amyx, Executive Director, Virginia Municipal League. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1983. No. 26415. AN ORDINANCE authorizing a license agreement with Network Computing Corporation for the provision of a water and sewer billing system and related services; 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 to attest, respectively, a license agreement with Network Computing Corporation of Charlotte, North Carolina, for the provision by such firm of utility billing and customer service system software for water and sewer bills, all as more particularly set forth in a report from the City Manager and Director of Finance date March 14, 1983. Such license agreement shall be approved as to form by the City Attorney. 2. Such license agreement shall be in the amount of $134,000.00. 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, VIRGIN%A, The 14th day of March, 1983. No. 26416. AN ORDINANCE to amend and reordain certain sections of the 1982-83 Civic Center Fund Appropriation Ordinance, and providing for an emergency. 'WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Civic Center Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay $353,871.18 Handicap Toilets (1) ........................................ 18,442.00 Retained Earnings - Appropriated (2) ............................. 693,886.13 (1) Handicap Toilets (2) Retained Earnings Appropriated (A05511090301) (X05937205) $18,442.00 18,442.00 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 March, 1983. No. 26417. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Inc., for the installation of toilets equipped for the handicapped at the Roanoke Civic Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Construction Services of Roanoke, Inc., made to the City in the total amount of $18,442.00 for the installation of toilets equipped for the handicapped at the Roanoke Civic Center, such bid being in 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 and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Construction Services of Roanoke, 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 paid for out of funds heretofore or simultaneously appropriated by Council. 3. Ail other bids made to the City for the aforesaid work be and they 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 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 pas- sage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of March, 1983. No. 26418. AN ORDINANCE 'to amend and reordain certain sections of the 1982-83 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1982-83 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects $4,648,817.55 Storm Drain Project IX (1) .................................. 134,177.00 Capital Improvement Reserve $8,914,950.66 Public Improvement Bonds - Series 1982 (2) .................. 7,876,197.64 (1) Storm Drain Project IX (A08220192601) $ 100,000.00 (2) Public Improvements Bonds, Series 1982 Storm Drains (A08310172702) (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 14th day of March, 1983. No. 26419. AN ORDINANCE accepting the bid of Aaron J. Conner Construction Company, Inc., for construction of Bond Issue Storm Drain Project IX, 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 emer- gency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid Aaron J. Conner Construction Company, Inc., of Roanoke, Virginia, made to the City in the total amount of $88,973.50, for construction of Bond %ssue Storm Drain Project IX (Red Fox Drive, N.W., Westside Blvd., N.W., 19th Street, N.W., VanBuren and Polk Streets, N.W., and Kellogg Avenue to Rockland Avenue, N.W.), 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 Aaron J. Conner Construction Company, 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 for this purpose and the appropriate City officials shall establish a contingency fund for this project in the amount of $11,026.50. 3. Ail other bids made to the City for the aforesaid work be and they 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 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. City Clerk APPROVED Mayor