Loading...
HomeMy WebLinkAbout24870-10/18/79 - 25645-6/22/81IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 1979. No. 24870. AN ORDINANCE to amend and reordain subsections (a), (c) and (d) of Section 1, Rate of tax on realty and personalty, of Chapter l, Current Taxes, Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended; establishing new tax rates for all real estate and improvements thereon not exempt from taxation and all real estate and tangible personal property of public service corporations; providing the time at and after which the aforesaid tax rates shall be effectiw and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subsections (a), (c) and (d) of Section 1, Rate of tax on realty and personalty, Chapter 1, Current Taxes, Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, be and said subsections are hereby amended and reordained to read and provide as follows: Section 1. Rate of tax on realty and personalty. Pursuant to section 2, subsection (1), and section 47 of the Roanoke Charter of 1952, as amended, and pursuant to the provisions of the general law, 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 public libraries, and for other municipal expenses and purposes, there is hereby imposed and levied and shall be collected for the 1980 tax year commencing January 1, 1980, and annually thereafter until other- wise provided, a tax to be assessed on the following classifications of property at the following rates on every one hundred dollars of the fair market value of such property, namely: (a) Upon all real estate and improvements thereon not expressly exempted from taxation and not the property of a public service corporation, at the rate of $ 1.46 on every one hundred dollars of fair market value of such property; (c) Upon all real estate and tangible personal property of public service corporations assessed by the State Corporation Commission at 100% of fair market value and not in process of equalization by said Commission, at the rate of $ 1.46 on every one hundred dollars of such assessed value; (d) Upon all vehicles without motive power, used or designed to be used as mobile homes as defined in Section 36-71(4) of the 1950 Code of Virginia, as amended, classified in Section 58-829.3 of the 1950 Code of Virginia, as amended, at the rate of $ 1.46 on every one hundred dollars of fair market value of such property assessed at 100% of fair market value; 2. That the rates of tax herein provided and imposed shall be in force and effect on and after January 1, 1980; and 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1979. No. 24868. AN ORDINANCE authorizing the sale and conveyance of a 35 by 200 feet strip of land on Blenheim Road, S. W., to D. H. Davenport, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council concurs in the recommendation of the Water Resources Committee set forth in its report to Council dated October 8, 1979 and accepts the offer of Mr. D. H. Davenport to purchase for $3,000.00 from the City a 35 by 200 feet parcel being part of Official Tax No. 1460101, fronting on Blenheim Road, S. W., adjacent to his residence at 1743 Blair Road, S. W., Roanoke, Virginia; 2. That the Mayor be, and he is hereby authorized, empowered and directed to execute, for and on behalf of the City, the City's deed conveying the property to Mr. D. H. Davenport for a consideration of $3,000.00, subject to the following terms and conditions: (a) the purchaser shall be responsible for pre- paring and submitting to the City Attorney for approval a survey and special warranty deed of conveyance of the property; (b) the purchaser shall pay all closing costs; (c) the deed shall contain a restriction prohibit- ing construction upon this property; (d) the deed shall contain the reservation by the City of a drainage easement over and through this property; 3. That the City Clerk be, and she is hereby authorized to affix to the aforesaid deed the City's seal, and to attest the same, the signature of the Mayor and of the City Clerk to be acknowledged by each of them as provided by law. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1979. No. 24871. A RESOLUTION authorizing a waiver to the Roanoke Valley Chamber of Commerce of payment of admissions taxes and rental charges for the use of Victory Stadium on November 11, 1979. WHEREAS, the Roanoke Valley Chamber of Commerce, the proposed sponsor of four championship playoff games in the City's Sandlot Football Program, has approached the Council with a request that certain charges and expenses normally attendant upon the use of Victory Stadium, where the games are desired to be played, be waived; in which request the Council is willing to concur; and WHEREAS, the Roanoke Valley Chamber of Commerce has agreed to obtain the insurance required of lessees of the Stadium, and has agreed to make the profits from its football games available to the City Department of Parks and Recreation for the purchase of sandlot football equipment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that said Council hereby authorizes a waiver to the Roanoke Valley Chamber of Commerce of the requirement of collecting and remitting to the City admissions taxes and payment of rental normally required for the use of and admission to Victory Stadium for the planned football games on November 11, 1979. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to John Kelley, Manager, Civics Department, Roanoke Valley Chamber of Commerce. APPROVED IN THE COUNCIL OF THE CITY OF ROanOKE, VIRGINIA, The 22nd day of October, 1979. No. 24872. A RESOLUTION referring to the Planning Commission of the City of Roanoke the application of Guy B. Merritt and Nellygean K. Merritt for the vacation of an unused alley which adjoins the northerly boundary of Lots 7, 8 and 9, Block 2, Section 2, Map of Virginia Heights and the southerly boundary of Lots 1, 2 and 3, Block 2, Section 2, Map of Virginia Heights; and appointing viewers to view the alley. WHEREAS, application has been made to have this alley vacated and notice that the applica- tion would be presented to the Council of the City of Roanoke, Virginia, on this day has been posted at the Court House and two other places in the City of Roanoke, Virginia, more than 10 days prior to this date. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council refers to the Planning Commission of the City of Roanoke for study, report and recommendation to the Council the application of Guy B. Merritt and Nellygean K. Merritt for the vacation of an unused alley, 15 feet wide, adjoining the northerly boundary of Lots 7, 8 and 9, Block 2, Section 2, Map of Virginia Heights, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Map Book 1, page 131; and that Fred DeFelice, L. Elwood Norris, George W. Overby, Edward H. Brewer, Jr., and Harold W. Harris, Jr., any three or more of whom may act, are hereby appointed viewers to view the alley and report in writing to this Council whether in their opinion any, and if any, what inconvenience would result from permanently vacating the same. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROAi~OKE, VIRGINIA, The 22nd day of October, 1979. No. 24873. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Chief Rentals, to permanently vacate, discon- tinue and close the street and alley hereinafter described, and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, upon the petition of Chief Rentals, that said applicant did more than ten (10) days prior to submitting its petition duly and legally post, as required by Section 15.1-364 of the Code of Virginia, as amended, a notice of its petition to the Council of the City of Roanoke to close (A) that portion of 25th Street East of Colonial Avenue in the City of Roanoke, Virginia, and specifically that portion which runs from Colonial Avenue in an Easterly direction and dead ends at the State Highway Line for Interstate 581, and (B) a portion of the alley running North to South parallel to and between Colonial Avenue and Sanford Avenue and specifically that portion bounded on the West by Lots 10 through 14 and on the East by Lots 22 through 25, as shown on the Turner Map in the City of Roanoke, Virginia, and that a copy of said notice was posted at the front door of the Court House of the Circuit Court of the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Salem Avenue entrance), and at 311 Randolph Street, (Second Street), as provided by law, all of which is verified by an affidavit of the Deputy Sheriff for the City of Roanoke appended to the petition requesting that the hereinabove described street and alley be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten days have elapsed since the posting of the notice of the petition, and the Council having considered said petition to permanentl~ vacate, discontinue and close' the hereinabove described street and alley; and WHEREAS, the petitioner has requested that five viewers, any three of whom may act, be appointed to view said street and alley herein sought to be permanently vacated, discontinued and closed and report, in writing, as required by Section 15.1-364, Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. George Overby, Edward H. Brewer, Jr., Harold W. Harris, Jr., Lester K. Stover, Jr., and William P. Wallace, any three of whom may act, be, and they hereby are appointed as viewers to view the aforesaid street and alley and report in writing, pursuant to the provisions of Section 15.1-364, Code of Virginia, as amended, whether in their opinion any, and if any, what inconvenience would result from vacating, discontinuing and closing the said street and alley as hereinabove described. BE IT FURTHER RESOLVED, that the aforesaid application to permanently vacate, discontinue and close the within described street and alley be, and said proposal is hereby referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1979. No. 24874. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Mary G. Paige, to permanently vacate, discontinue and close an alley within Section 8, according to the Map of Ingleside Land Company, more specificall described below; and referring the proposal to the City Planning Commission for study and recommenda- tion. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the applica- tion of Mary G. Paige, that said petitioner did on October 4, 1979, duly and legally publish, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of her application to the Council of the City of Roanoke, Virginia, to close the hereinafter described alley, the pub- lication of which was had by posting a copy of the notice on the front door of the courthouse in the City of Roanoke, Virginia, (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), as provided by the aforesaid section of the Virginia Code, as amended, all of which is verified by an affidavit of the City Sheriff appended to the application addressed to the Council requesting that the hereinafter alley be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described alley; and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view the hereinafter described alley herein sought to be permanently vacated, discontinued and closed and report in writing, as required by Section 15.1-364 of the Code of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe, R. R. Quick, R. Lee Mastin, any three of whom may act, be, and they hereby are, appointed as viewers to view the following described alley and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: All that 10 foot alley 120 feet in length lying in Section 8, Map of Ingleside Land Compa~y and bounded on the south by Harrison Avenue, N. W.; on the north by a 15 foot alley; on the east by Lot 9, Section 8; and on the west by Lot 8, Section 8, all according to the Map of Ingleside Land Company and Map No. 212 of the Official Tax Maps of the City of Roanoke. BE IT FURTHER RESOLVED that the aforesaid Application to permanently vacate, discontinue and close the within described alley be, and said proposal is hereby, referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1979. No. 24876. AN ORDINANCE providing for the purchase of certain snow removal equipment, tractors and mowers for use by the City, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and delivering said vehicles and equipment; rejecting all other such bids; providing for the issuance of requisite purchase orders for all such equipment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bids made in writing of the following named bidders, made to the City and opened before a Committee on September 26, 1979, to furnish to the City the snow removal equipment, tractors and mowers hereinafter set out and generally described but more particularly described in the City's specifications and in said bidders' proposals, be and are hereby ACCEPTED, at the purchase prices set out with each said item and the name of each successful bidder thereon, viz: Item Quantity and Total Purchase Number Description Successful Bidder Price 1 2 New chemical spreaders 4 New Snow Plows 10 New Snow Plow Hitches 20 New Electric Hydraulic Pumps for Snow Plows 1 New Diesel Powered Cavalier Equipment Cor- poration $ 9,916.00 Mountcastle Ford Tractor $ 7,800.00 Mountcastle Ford Tractor $ 2,700.00 Shaffer Equipment & Supply Co., Inc. Tractor w/60" Rotary Mower Mountcastle Ford Tractor 2 New Diesel Powered Tractors, 41.8 Horsepower w/trade-in of 2 Worthington tractors Mountcastle Ford Tractor $ 5,350.40 $ 5,833.00 $ 16,470.00; all of the aforesaid equipment to be delivered to the City, f.o.b., Roanoke., in accordance with the City's general specifications and with the successful bidders' respective proposal and within the delivery times set out in said proposals and established by the City; 2. That the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue the requisite purchase orders for the aforesaid equipment, incor- porating into said purchase orders the City's aforesaid general specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said equipment when delivered and accepted to be paid for out of funds heretofore or contemporaneously appropriated for the purpose; 3. That upon delivery to the City of each item of the aforesaid equipment and upon the City's acceptance of the same as being in accordance with the bid accepted and purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase prices to each successful bidder, not to exceed the sums hereinabovE set out; 4. That all other than the aforesaid bids made for the supply of the within described equipment be, and each such other bid is hereby REJECTED, the City Clerk to so notify said other bidders and to express to each such bidder the City's appreciation for having made such bids; 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1979. No. 24877. AN ORDINANCE accepting the bid of Dresser Industries, Inc., for providing an air blower for the City's Sewage Treatment Plant; providing for the issuance of the requisite purchase order and for the payment for such blower; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid made by Dresser Industries, Inc., Connorsville, Indiana, to furnish to the City an air blower for the Sewage Treatment Plant, as more particularly described in the Bid Committee report of October 22, 1979, for the sum of $30,455.00,~be and said bid is hereby ACCEPTED; 2. That the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue the requisite purchase order for the aforeSaid blower, incorporating into the purchase order the City's general specifications, the terms of the bidder's proposal and the terms and provisions of this ordinance, the cost of said blower to be paid for out of funds heretofore or contemporaneously appropriated for the purpose; 3. That, upon delivery to the City of the said blower, and upon the City's acceptance of the same as being in accordance with the bid accepted and the purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase price to the successful bidder, not to excced the sum hereinabove set out; 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1979. No. 24879. AN ORDINANCE amending and reordaining subsection (d) of Section 82.1, Section 92, and Section 151 of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1956), as amended, increasing from seventytwo hours to ten days the time in which an uncontested parking ticket may be paid, imposing a five dollar fine on those who do not pay within ten days, and increasing the minimum courtimposed fine for certain parking offenses to ten dollars; providing for an effective date for this ordinance, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That subsection (d) of Section 82.1, Section 92, and Section 151 of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1956), as amended, be amended and reordained to read and provide as follows: Section 82.1. Parking regulations on property of Virginia Western Community College. (d) Every violation of the provisions of this section shall constitute a misdemeanor and every person convicted of such violation shall be fined not less than two dollars and fifty cents nor more than twenty dollars, which fine shall be in addition to the penalties set forth below, provided, however, that an owner or operator of a motor or other vehicle on which is left a notice in writing signed by a person possessing police powers and in such form as is provided in subsection (b), Section 151, of this chapter that such vehicle has been parked in violation of a provision of this section may, within ten days of the time when such notice was attached to such vehicle, voluntarily appear at the Office of Billings and Collections during regular working hours or use other methods employed for the routine payment of traffic fines, and waive his right to be formally tried for such offense and pay, as a penalty for and in full satisfaction of such violation, the sum of one dollar for each violation; provided that said penalty shall be in the sum of six dollars for each violation if paid more than ten days after notice of a violation of this section has been given. Unless ordered otherwise by the judge in whose court the offense is being tried or in which the same is cognizable, all fines and penalties arising under this section shall be paid into the City treasury. Section 92. Duties of police officers in regard to meters; penalty for unlawful parkins; payment. Each police officer charged with the duty of enforcing the sections of this division shall take the number of any such meter at which any vehicle is overparked, and the vehicle tag number of such vehicle and report the same to the police department and make proper complaint touching such violation. Each such officer shall attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of the sections of this division and instructing such owner or operator when and where to report with reference to the violation. Each such owner or operator may, within ten days of the time when such notice was attached to such vehicle, voluntarily appear at the Office of Billings and Collections during regular working hours, or use other methods established by the City for the routine payment of traffic fines, and waive his right to be formally tried for such offense and pay as penalty for and in full satisfaction of such violation, the sum of two dollars for each hour, or fraction thereof, during which such vehicle occupied such parking space in violation of any of the provisions of the sections of this division. If such penalty is not paid within ten days after notice of a violation of a section of this division, said penalty shall be in the sum of seven dollars for each hour, or fraction thereof, during which a vehicle occupied a parking space in violation of any of the provisions of the sections of this division. The failure of such owner or operator to make such payment prior to the issuance of a summons for such violation shall render such owner or operator subject to the penalties hereinafter provided in Section 151 and the sections of this division in this chapter. The City Manager may, with the prior approval of the City Council as expressed by a resolution, establish and maintain safe depositories on the streets of the City wherein voluntary payment of the two dollar penalty provided for in the preceding paragraph may be made under such provisions for accounting and financial control as may be prescribed by the Director of Finance. Section 151. Penalties. (a) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this chapter. Every person convicted of an offense under this chapter for which no other penalty is provided shall, except as otherwise provided in this section, for a first conviction thereof, be punished by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment in jail for not less than one nor more than ten days, or by both such fine and imprisonment; for a second such conviction within one year such person shall be punished by a fine of not less than ten dollars nor more than two hundred dollars or by imprisonment in jail for not less than one nor more than twenty days, or by both fine and imprisonment; for a third or subsequent conviction within one year such person shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars or by imprisonment in jail for not less than ten days nor more than six months, or by both such fine and imprisonment; provided, however, that the punishment hereinabove provided for second and subsequent violations shall not apply to any of the offenses mentioned in subsections (b) and (c) of this section; provided, further, that upon trial and conviction of any offense mentioned in subsections (b) and (c) of this section, such person shall be punished by a fine of not less than ten dollars nor more than fifty dollars, which fine shall be in addition to the other penalties set out in this chapter, or by a jail sentence not to exceed ten days, or by both such fine and jail sentence. (b) Every person receiving written notice from a police officer in form approved by the City Manager that he has violated any of the following sections of this chapter may waive his right to appear and be formally tried for the offense set forth in the notice, upon the voluntary payment, within ten days, of two dollars, or seven dollars if paid after ten days and before a summons has been issued for the violation, to the Office of Billings and Collections during regular working hours or through any other method established by the City for the routine payment of such fines, and such person shall not be required to appear for trial upon the charge set forth in such notice: (1) Parked a vehicle or allowed or caused the same to remain standing or stopped in violation of the provisions of Section 82 of this chapter; or (2) Parked a vehicle after a snowfall on a street where such parking is prohibited by Section 83 of this chapter; or (3) Caused, allowed or permitted or suffered any vehicle owned or operated by him to remain parked overtime or beyond the lawful period of time in violation of Section 88 or Section 89 of this chapter; or (4) Deposited in a parking meter a coin or coins for the purpose of extending a lawful parking time in violation of Section 90 of this chapter; or (5) Parked a vehicle improperly in a parking meter space in violation of Sections 93 or 94 of this chapter; or (6) Parked a vehicle on a highway or other public space on which parking of vehicles is prohibited at the time by rule or regulation, made and promulgated by the City Manager, in violation of Section 14 of this chapter. (c) Every person receiving written notice from a police officer in form approved by the City Manager that he has violated any of the following sections of this chapter may waive his right to appear and be formally tried for the offense set forth in the notice upon the voluntary payment, within ten days, of five dollars, or ten dollars if paid after ten days and before a summons has been issued for the violation, to the Office of Billings and Collections during regular working hours or through any other method established by the City for the routine payment of such fines, and such person shall not be required to appear for trial upon the charge set forth in such notice: (1) Parked, stopped or left standing a vehicle upon a highway in a manner prohibited by Section 81 of this chapter and in violation thereof; or (2) Parked a truck in a residential district of the City in violation of Section 84 of this chapter; or (3) Parked a vehicle upon a highway during a period from one half hour after sunset until one half hour before sunrise in violation of Section 85 of this chapter. 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after November l, 1979. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1979. No. 24880. AN ORDINANCE accepting the dedication of a sanitary sewer easement through Springtree Subdivision, authorizing the City Manager or Assistant City Manager to execute an agreement with Fralin and Waldron, Incorporated for the design and construction of a sanitary sewer easement througl this subdivision; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council accepts the dedication to the City by Fralin and Wa!dron, Incorporated (F&W) of a 20-foot sanitary sewer easement through the Springtree Subdivision located in this City, which easement will run in a north-south direction along the length of the F&W propertl generally parallel to King Street, N. E., to permit the construction of the sanitary sewer line and any subsequent additions thereto through Springtree Subdivision, which easement shall be upon such form as is approved by the City Attorney and City Engineer; 2. That H. B. Ewert or Sam H. McGhee, III, City Manager and Assistant City Manager, respectively, are authorized and directed to execute on behalf of the City an agreement with F&W, on such form approved by the City Attorney, providing for the dedication of the sanitary sewer easement described in the preceding paragraph; the solicitation of bids by F&W for the construction of the sanitary sewer line according to a design prepared by the City; the administration of the construc- tion contract by F&W; the City's reimbursement to F&W of most of the construction costs; and the continued ownership and operation of certain existing sanitary sewer facilities of F&W in the Springtree Subdivision area, all as more specifically set forth on a proposed agreement dated Octobe~ 1, 1979 between F&W and the City, attached to a report dated October 15, 1979 from the City Manager to City Council on file in the Office of the City Clerk; and 3. That for the usual daily 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 October, 1979. No. 24882. A RESOLUTION expressing the Council's appreciation to members of the City Administration for their time and effort in organizing and conducting the Virginia Municipal League Conference. WHEREAS, the annual Virginia Municipal League Conference was held in Roanoke September 23 through September 26, 1979; and WHEREAS, the success of the conference was due, in large measure, to the tireless efforts of many member.s of the City Administration. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council extends its sincere appreciation and gratitude to all persons within the City administration who contributed their time and talents to insure the success of the 1979 Virginia Municipal League Conference. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 1979. No. 24883. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Grant Programs 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 1979-80 General Fund and Grant Programs Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS: Education #1901 (1-6) .................................. $30,395,011.00 REVENUE: School Revenue (7) ..................................... 16,263,154.00 GRANT PROGRAMS FUND APPROPRIATIONS: C.D.B.G. (B-79-MC-51-O020) #6805 (8) ................... 2,336,499.50 REVENUE: Community Development Block Grant (9) .................. 12,781,843.23 (1) Net increase (A01190175001) (2) Net increase (A01190175002) (3) Net mncrease (A01190165101) (4) Net mncrease (A01190165401) (5) Net ~ncrease (A01190165601) (6) Net mncrease (A01190190001) (7) Net mncrease (R01191001) (8) Net mncrease (A35680595005) (9) Net increase (R35684641) $ 89,784.00 6,100.00 78,340.00 138,500.00 90,680.00 186,380.00 89,784.00 28,499.50 28,499.50 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 22nd day of October, 1979. No. 24884. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-~0 General Funa Appropriation Orainance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Miscellaneous #1850 Refunds to Annexed Customers (1) ...................... $800,000.00 (1) Net increase (A01185090102) $800,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24875. 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 as follows: 1. That the proper City officials are authorized and directed, for and on behalf of the City, to execute and deliver a public utility easement on the northwest side of Fleming Avenue, N. W. to the Chesapeake and Potomac Telephone Company of Virginia, for its installation, operation and maintenance of a metal above-ground box used as an interconnecting point from the underground cables to aerial cables, together with the privilege of replacing existing cables and installing additional cables in this area, for the nominal consideration of $1.00, which easement shall be on such form (to be prepared by Chesapeake and Potomac Telephone Company of Virginia) as has been approved by the City Attorney; and 2. That the grant of this easement will be subject to the following provisions, to be set out in the deed of easement: (a) existing utility facilities shall not be encroached upon or damaged by Chesapeake and Potomac Telephone Company of Virginia, its successors and assigns; (b) the City reserves the right to require Chesapeake and Potomac Telephone Company of Virginia, its successors and assigns to abandon, release of record and remove any structure from the easement, should such actions be necessary in the City's judgment, to promote the public good. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24878. AN ORDINANCE permitting the construction of certain underground footings for a new building to be erected by Blue Cross/ Blue Shield of Southwestern Virginia to encroach not more than one foot under public right-of-way for a distance of eleven feet under the south side of Franklin Road, S. E., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That permission be and is hereby granted Blue Cross/Blue Shield of Southwestern Virginia, owner of certain property fronting on Franklin Road, S. E., to construct and maintain as underground encroachments into the public right-of-way of Franklin Road, S. E., as said street abuts said property, building footings as shown on a certain Foundation Plan prepared by Hayes, Seay, Mattern and Mattern for Blue Cross/Blue Shield of Southwestern Virginia, a copy of which is on file in the Office of the City Clerk, the top of no footing to be less than thirteen feet below finished grade at the property line and no such footing to encroach more than one foot over the right-of-way of the south side of Franklin Road, S. E., for a distance of not more than eleven feet, and to be constructed as shown on the cross-section insert contained on said plan; all such construction to be made with approved and permitted building materials and to be constructed and safely and properly maintained at the expense of the aforesaid owner, its successors or assigns, under a building permit issued therefor by the Building Commissioner of the City of Roanoke, in accordance with such of the City's building regulations and requirements as are applicable thereto, and with payment by said owner to the City of an annual fee of $100.00 for the permit herein granted; it to be expressly understood and agreed by said permittee that the permission herein contained is subject to the limitations contained in Section 15.1-376, et seq., Code of Virginia (1950), as amended, and that said permittee, by making and maintaining said encroachments agrees that it, and its successors and assigns will indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to property or persons that may arise by reason of such encroachment. 2. That the provisions of this ordinance shall not become fully effective until such time as an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said permittee and shall have been admitted to record at the expense of said permittee in the Clerk's Office of the Circuit Court of the City of Roanoke; and until a written permit shall have been issued by the City's Building Commissioner for the construction of the encroachment herein authorized to be made. ACCEPTED AND EXECUTED by the undersigned this day of , 1979: ATTEST: Secretary BLUE CROSS/BLUE SHIELD OF SOUTHWESTERN VIRGINIA President STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and , President and Secretary, respectively, of BLUE CROSS/BLUE SHIELD OF SOUTHWESTERN VIRGINIA, whose names are signed to the foregoing ordinance, have each personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this__day of , 1979. Notary Public' My Commission expires: ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24881. AN ORDINANCE granting a permit to Downtown Roanoke, Incorporated to use certain retail space in the Municipal Parking Garage from November 12, 1979 through January 9, 1980 for the operation of a Fantasyland promotion, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that this Council, with the concur- rence of the City's rental agent C. W. Francis & Son, Inc., as evidenced by its signature hereon, grants to Downtown Roanoke, Incorporated (Downtown) a personal, nontransferable permit to use and occupy the 4,626 square feet of retail floor space in the Municipal Parking Garage, between Macado's Restaurant and First National Exchange Bank, from November 12, 1979 through January 9, 1980, subject to the following provisions, to which Downtown, as evidenced by its signature hereon, agrees: (a) Downtown shall pay all costs with respect to its occupancy of this space during the permit period, including, but not limited to, the costs of utilities, custodial care and liability insurance; (b) Downtown will assume and discharge any and all liability for damages growing out of its occupancy under this permit and name the City as a co-insured on its public liability policy during the term of the permit; (c) Downtown will provide the City with a bond or equivalent security, as approved by the City Attorney, in the amount of $5,000 conditioned upon the payment by Downtown of all bills, valid claims and charges accruing during and with respect to the occupancy and for sixty (60) days thereafter; (d) Downtown will utilize the space only for its Fantasyland promotion and agrees to allow City's agent, C. W. Francis & Son, Inc., access to show this property to prospective tenants where such access does not interfere with the conduct of Downtown's Fantasyland. DOWNTOWN ROANOKE, INCORPORATED By its President C. W. FRANCIS & SON, INC. By ATTEST: its President City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24885. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of John W. Gibson to permanently close, vacate and discontinue a portion of Twenty-second Street, N. W., in the immediate vicinity, all of which is more particularly described hereinafter; and referring the proposal to the City Planning Commis- sion for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon application of John W. Gibson, that said applicant did on October 18, 1979, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of his intended application to be made this day to the Council of the City of Roanoke, Virginia, to close the hereinafter des- cribed street portion, the publication of which was had 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 Markethouse (Campbell Avenue entrance), and at the Markethouse (Salem Avenue entrance), as provided by the aforesaid section of the Virginia Code, as amended, all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to Council, requesting that the hereinafter described street portion be permanently closed, vacated, and discontinued; and WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the publication of such proper legal notice, and Council having considered said application to perma- nently close, vacate and discontinue the hereinafter described street portion; and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view the hereinafter described street portion sought to be permanently closed, vacated and discontinued and report in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Dewey H. Marshall, Dale Poe, Lester K. Stover, Jr., William P. Wallace, and Harry Whiteside, Jr., any three of whom may act, be, and they hereby are, appointed as viewers to view the following described street portion, and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently closing, vacating, and discontinuing the same, namely: All of that 40 foot wide portion of Twenty-second Street beside Lot 1 as shown on the City Engineer's Maps at page 127 and between Colonial Avenue and the exit ramp of the 220 Expressway. Ail of the foregoing description is based on the City of Roanoke Appraisal Map, Sheet No. 127, of record in the Engineer's Office of the City of Roanoke. The street portion to be closed and vacated is shown in red on an excerpt from Sheet No. 127, which has been filed in the Office of the Clerk of the City of Roanoke. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the within described street portion, be, and said proposal is hereby, referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24887. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Social Services #1537 (1) ......................... $5,749,574.00 Contingencies #1880 (2) ........................... 561,698.51 (1) Net increase (A01153728701) (2) Net decrease (A01188072006) $7,316.00 7,316.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24888. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Program Agent Title II-D #7876 (1-7) ....................... $ 73,580.97 Program Agent Title VI #7881 (8-16) ..... ~ .................. 136,132.84 REVENUE: Fifth District Consortium (17) ............................. 311,445.57 (1) Net increase (A35787610001) (2) Net ~ncrease (A35787610002) (3) Net ~ncrease (A35787611017) (4) Net mncrease (A35787611029) (5) Net mncrease (A35787620031) (6) Net mncrease (A35787621005) (7) Net increase (A35787630005) (8) Net ~ncrease (A35788110001) (9) Net ~ncrease (A35788110002) (10) Net ~ncrease (A35788110011) (11) Net ~ncrease (A35788111017) (12) Net mncrease (A35788111029) (13) Net mncrease (A35788111030) (14) Net increase (A35788120031) (15) Net mncrease (A35788121005) (16) Net mncrease (A35788130005) (17) Net mncrease (R35780202) 3,166.23 59,234.13 588.57 10,448.10 104.61 20.10 19.23 5,332.90 30,833.34 77,951.79 939.21 5,482.16 15,047.94 333.68 47.92 163.90 209,713.81 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 November, 1979. No. 24889. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Grant Programs Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the ~nicipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: JOM? Title II-B #7857 (1-16) ............................ $ 77,749.00 JOMP Title II-D #7858 (17-27) ........................... 23,982.76 REVENUE: Fifth District Consortium (28) .......................... 101,731.76 (1) Net increase (A35785710040) (2) Net ~ncrease (A35785710042) (3) Net mncrease (A35785710044) (4) Net mncrease (A35785711010) (5) Net mncrease (A35785711015) (6) Net ~ncrease (A35785711020) (7) Net mncrease (A35785720035) (8) Net increase (A35785720037) (9) Net ~ncrease (A35785720039) (10) Net mncrease (A35785721005) (11) Net mncrease (A35785721007) (12) Net mncrease (A35785723015) (13) Net increase (A35785723017) (14) Net ~ncrease (A35785730005) (15) Net ~ncrease (A35785730007) (16) Net ~ncrease (A35785730009) (17) Net mncrease (A35785810040) (18) Net mncrease (A35785810042) (19) Net ~ncrease (A35785810044) (20) Net mncrease (A35785811010) (21) Net increase (A35785811015) (22) Net ~ncrease (A35785811020) (23) Net ~ncrease (A35785820037) (24) Net mncrease (A35785820039) (25) Net mncrease (A35785821007) (26) Net ~ncrease (A35785830005) (27) Net mncrease (A35785830007) (28) Net ~ncrease (R35780201) 3,957.67 37,894.10 15,886.72 854.87 8,222.64 3,520.06 209.48 1,204.05 2,234.40 24.00 336.00 800.00 800.00 335.00 1,355.00 115.00 882.41 14,453.18 2,148.91 190.60 3,134.18 464.40 749.59 1,224.27 120.00 100.00 515.22 101,731.76 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24890. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: City Information Services #1325 (1) ...................... $ 611,504.00 Police #1345 (2) ......................................... 3,676,915.95 Fire #1347 (3,4) ......................................... 4,014,160.10 Street Maintenance #1658 (5) ............................. 3,144,653.00 Refuse Collection #1669 (6) .............................. 1,848,578.00 (1) Net increase (A01132590020) (2) Net increase (A01134590010) (3) Net increase (A~1!~4730~40) (4) Net increase (A01134790010) (5) Net increase (A01165825578) (6) Net increase (A01166990010) $ 59,929.00 100,708.95 85,089.10 161,872.00 1,019,375.00 56,464.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24891. AN ORDINANCE authorizing the City Manager to execute a supplement to the contract between the City and Management Improvement Corporation of America dated September 6, 1979, such supplement to provide for the cOnduct of a purchasing and, warehousing study for the City, 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 directed, for and on behalf of the City, to enter into a supplement to the agreement between the City and Management Improvement Corporation of America, dated September 6, 1979, and authorized by Ordinance No. 24796, adopted by this Council on August 27, 1979, such supplement to provide for a purchasing and warehousing study for the City to be performed by Management Improvement Corporation of America, upon approval of the form of the supplemental agreement by the City Attorney, and upon such other terms and conditions as are provided therein; 2. That for the services required under this supplement, the City shall pay the consultant an amount equal to fifty percent (50%) of the certified value of the services up to a maximum amount of $35,200.00; and 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24892. AN ORDINANCE authorizing the City Manager to execute Supplement Nos. 2 and 3 to the City's contract with Management Improvement Corporation of America dated September 6, 1979, such Supplements providing for the consultant to provide the City certain services to enable the City to reduce payroll costs; 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 execute, for and on behalf of the City, upon form approved by the City Attorney, Supplement No. 2 to the City's contract with Management Improvement Corporation of America, dated September 6, 1979, and approved by this Council through adoption of Ordinance No. 24796 on August 27, 1979, Supplement No. 2 requiring the consultant to provide to the City financial and management services which will enable the City to utilize the provisions of Section 209(b) of the Social Security Act which will provide for the exclusion of sick and disability pay from "wages" for purposes of the Social Security Act; 2. That for the services performed by the consultant for the City pursuant to Supplement No. 2, the City shall pay to the consultant fifty percent (50%) of the estimated gross savings which are available to the City from the services for the 12-month period immediately following implementation of sick pay exclusion in the City's payroll system up to a maximum fee of $4,950.00; 3. That the City Manager be, and he is hereby authorized and empowered to execute, for and on behalf of the City, upon form approved by the City Attorney, Supplement No. 3 to the City's contract with Management Improvement Corporation of America, dated September 6, 1979, and authorized by this Council through adoption of Ordinance No. 24796 on August 27, 1979, Supplement No. 3 to require the consultant to provide to the City financial and management services designed to convert the City's personnel systems to allow the City's payment of the employee Social Security contribution share as allowed by Section 209(f) of the Social Security Act; 4. That for performance of the services required by Supplement No. 3, the City shall reimburse the consultant fifty percent (50%) of the estimated gross savings which are available to the City from these services for the 12-month period immediately following the City's first payroll under the FICA II System up to a maximum fee of $15,450.00; 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 upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24893. A RESOLUTION expressing the Council's opposition to reduction of the federal School Lunch Program and Special Milk Program. WHEREAS, Congress is in the process of studying and evaluating programs for fiscal year 1980; and WHEREAS, proposals have been received for reducing the School Lunch Program and Special Milk Program by approximately $210 million; and WHEREAS, such action would result in a loss of approximately $55,000.00 for the Roanoke City schools in the current fiscal year and would impose a significant financial hardship upon the City schools; and WHEREAS, the ever increasing costs of food, equipment and labor have already had a severe impact on the operation of the school food program; and WHEREAS, the School Lunch Program and Special Milk Program have provided much-needed funds to this school system and other school systems throughout the country for many years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council wishes to go on record opposing any reduction in the School Lunch Program and Special Milk Program; and 2. That the City Clerk is directed to forward a copy of this resolution to Senator Harry F. Byrd, Senator John N. Warner and Congressman M. Caldwell Butler. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24894. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: Education #1901 Combined Federal School Programs (1) .............. $2,511,160.00 REVENUE: Combined State and Federal Programs (2) ............. 2,498,247.00 (1) Net increase (A01190175001) (2) Net increase (R01191001) $145,441.00 145,441.00 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 5th day of November, 1979. No. 24895. AN ORDINANCE accepting a bid for gunite repair at Carvins Cove Filter Plant, authorizing the proper City officials to execute the requisite contract for such work, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of National Pools of Roanoke, Inc., made to the City for the gunite repair to the aeration basins and passageways at Carvins Cove Filter Plant in accordance with the City's plans and specifications therefor, for a lump sum of $12,750.00, be and is hereby ACCEPTED; the cost whereof shall be paid for out of funds which have been or are being appropriated by Council for said repairs; 2. 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, the requisite written contract with National Pools of Roanoke, Inc., incorporating the City's plans and specifications and the bidder's proposal, and including such other terms and conditions deemed necessary by the City Manager; and 3. That, in order to provide for the usual daily operation of the municipal government an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24896. AN ORDINANCE accepting a bid made for roof replacement for Fire Station No. 2; authorizing the proper City officials to execute the requisite contract therefor; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Seal-Tite Roofing, Inc. for furnishing all labor, tools, equipment and materials necessary for replacement of the roof for Fire Station No. 2, for a lump sum of $16,530.00, plus an additional five-year service guarantee for $300.00, for a total of $16,830.00, be and said bid is hereby ACCEPTED; 2. That 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, a requisite contract with the aforesaid bidder in accordance with the terms and conditions of this ordinance, said bidder's proposal and the City's specifications made for said work, said contract to be upon such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or hereafter appropriated by the Council for the purpose; 3. That the other bids made to the City for such project be and said bids are hereby REJECTED; the City Clerk to so notify the other bidders and to express to said bidders the City's appreciation for the bids; 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.upon its passage. APPROVED ATTEST: City Clerk Mayor 2O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 1979. No. 24897. AN ORDINANCE accepting the proposal of Virginia Asphalt Paving Company, Incorporated, for the paving of areas at Roanoke Municipal Airport, Woodrum Field, in the City of Roanoke; 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 as follows: 1. That the proposal made by Virginia Asphalt Paving Company, Incorporated for the paving of a portion of the general aviation ramp and cart road at Roanoke Municipal Airport, Woodrum Field, in accordance with the City's plans and specifications at the maximum cost of $23,115.60, be ACCEPTED; 2. That 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 con- tract with 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 contracts 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. That all other bids made to the City for the paving of these areas be, and said bids 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; and 4. That for the usual daily operation of the municipal government an emergency is deemed to exist, and this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1979. AN ORDINANCE authorizing and directing the proper City officials to execute a five-year agreement commencing December 6, 1979 between the City and American Locker Company, Incorporated, permitting the Locker Company to render automatic parcel checking locker service to patrons using Roanoke Municipal Airport, Woodrum Field, and establishing charges therefor to be paid in lieu of the fee applicable to fixed base operators. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. 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 of Roanoke, a five- year agreement, commencing December 6, 1979, with the American Locker Company, Incorporated, permitting the said Locker Company to render requisite automatic parcel checking locker service to patrons using said airport, upon such terms as may be approved by the City Manager, including, however, provisions that the following percentages of all coins deposited in such lockers shall belong to and be kept by the City, viz: Where Gross Monthly Receipts Are: Percentage to be Retained Monthly by Part of Second Part Under $100 $ 100. up to $ 399.99 $ 400. up to $ 699.99 $ 700. up to $ 999.99 $1000. up to $1199.99 $1200. up to $1399.99 $1400. up to $1599.99 $1600. up to $1799.99 $1800. up to $1999.99 $2000. up to $2199.99 $2200. up to $2399.99 $2400. and Over 40% 45% 5O% 51% 52% 53% 54% 55% 56% 57% 58% 60% and that a lost key charge of $3.00 shall be collected, of which the City shall receive $1.00; and 2. That this agreement shall supercede and be in lieu of any fee for fixed base operators as set forth in Section 6, Fee for Use of Field Generally by Fixed Base Operators, of Chapter 5, Airport, of Title VIII, Public Buildings and Property, of the Code of the City of Roanoke (1956), as amended. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1979. No. 24902. AN ORDINANCE expressing continued support for the Clean Valley Committee, Inc.; authorizing the Committee to coordinate a litter control program with Roanoke County, the City of Salem, and the Town of Vinton; and authorizing the Committee to apply for a grant on behalf of the City upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke endorses and supports a program to promote the enforcement of anti-litter statutes and ordinances and to enhance local litter control efforts for this City and expresses the intent to combine with the County of Roanoke, the City of Salem, and the Town of Vinton in a mutually agreed upon and coordinated program, contingent on approval of the Application by the Department of Conservation and Economic Development, Division of Litter Control, and contingen upon receipt of funds; 2. That the City of Roanoke authorizes the Clean Valley Committee, Inc., to plan and budget for a cooperative anti-litter program, which shall represent said program for all localities named in this resolution, and further authorizes the Clean Valley Committee, Inc., to apply on behalf of all of the above-named localities for a grant, and to be responsible for the administration implementation, and completion of the program as it is described in the application form LC-G-1 on file in the Office of the City Clerk; 3. That the City of Roanoke accepts responsibility jointly with the Clean Valley Committee, Inc., and the County of Roanoke, the City of Salem, and the Town of Vinton for all phases of the program, and further accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application; 4. That said funds, when received, will be transferred immediately to the Clean Valley Committee, Inc., to be used in said coordinated program to which the City of Roanoke gives its full support and endorsement; 5. That the City of Roanoke hereby requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve the application and program, said program being in accord with Regulations governing use and expenditure of said funds; and 6. That, for the daily operation 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 November, 1979. No. 24903. A RESOLUTION authorizing and directing the City Manager of the City of Roanoke and the City Clerk, for and on behalf of the City of Roanoke, Virginia, to enter into and execute a cooperation agreement with the City of Roanoke Redevelopment and Housing Authority for seventy-seven (77) units of low-rent housing to be rehabilitated in the City, and authorizing the City of Roanoke Redevelopment and Housing Authority to file an application with the Department of Housing and Urban Development for a preliminary loan in an amount not to exceed $38,500.00 for surveys and planning expenses in relation to the seventy-seven (77) units of low-rent housing. WHEREAS, by Ordinance No. 24562, adopted March 19, 1979, the City of Roanoke Redevelopment and Housing Authority (hereinafter, the Authority) was authorized to apply to the Department of Housing and Urban Development (HUD) for housing assistance funds for the substantial rehabilitation within the City of an estimated seventy-seven (77) units of housing for families; and WHEREAS, the Authority has been granted the aforesaid funds by HUD; and WHEREAS, HUD regulations and the United States Housing Act of 1937, as amended, require that the Authority and the City enter into a cooperation agreement prior to the implementation of a federally funded low-rent housing project; and WHEREAS, the Commissioners of the Authority on August 27, 1979, authorized the Authority to enter into such a cooperation agreement with the City; and WHEREAS, under the provisions of the Housing Act of 1937, as amended, the Secretary of HUD is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of 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 needs not being adequately met by private enterprise and that HuD shall not make any contract with a public housing agency for preliminary loans for survey and planning 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 preliminary loan; and WHEREAS, there exists a need for iow-remt housing in the City, such as the substantial rehabilitation of dilapidated units of housing for families, which is not being met 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 a preliminary loan in an amount not to exceed $38,500.00 to cover the costs of survey and planning in connection with the proposed rehabilitation of seventy- seven (77) units of housing for families; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council recognizes that there is a need in the City for the rehabilitation of housing for families which is not being met by private enterprise at the present; 2. That 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 rehabilitation of approximately seventy-seven (77) units of low-rent housing in said City, 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, said cooperation agreement to incorporate the terms and conditions of this resolution and the City Manager's report dated November 12, 1979; said agreement to be upon suCh form as is approved by the City Attorney; and 3. That the City of Roanoke Redevelopment and Housing Authority is hereby authorized to apply to HUD for a preliminary loan in an amount not to exceed $38,500.00 for surveys and planning in connection with the rehabilitation of seventy-seven (77) units of low-rent housing for families, 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 12th day of November, 1979. No. 24904. A RESOLUTION relating to the proposed extension of Runway 5/23 at Roanoke Municipal Airport, Woodrum Field, an Environmental Impact Assessment Report concerning such proposed exten- sion and funding for such extension. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That it is the sense of this Council that the proposed 900-foot extension of Runway 5/23 at Roanoke Municipal Airport, Woodrum Field, to provide a total runway length of 6800 feet is necessary to allow an extra margin of safety for aircraft operations and to enable existing aircraft to operate at higher efficiency; 2. That Council concurs in the findings of the Environmental Impact Assessment Report prepared on behalf of the City by a consultant; 3. That the City Manager is authorized to file such Environmental Impact Assessment Report with the Federal Aviation Administration and with the Virginia Department of Aviation; and 4. That the City Manager is authorized to file an application or applications for available grant funds to permit the much-needed runway extension. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1979. No. 24905. AN ORDINANCE authorizing the Director of Finance to release on behalf of the City, Roanoke County Public Service Authority liens; providing for the recordation of this ordinance in the Clerk's Office for the Circuit Court for the City of Roanoke, Virginia; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the Director of Finance, his successors in Office and his deputy, including the Chief of.Billings and Collections, are authorized to release, on behalf of the City, liens docketed in the Clerk's Office for the Circuit Court for the City of Roanoke, Virginia, in favor of Roanoke County Public Service Authority and assigned to the City of Roanoke, Virginia; 2. That the City Clerk is directed to transmit a certified copy of this ordinance to the Clerk of the Circuit Court for the City of Roanoke for recordation in the current deed book, indexed under the City of Roanoke as grantor and the Director of Finance, Roanoke, Virginia, as grantee; and 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1979. No. 24906. AN ORDINANCE expressing the City's consent for approval of certain organizational changes relating to Roanoke Valley Cablevision, Inc., franchisee under Ordinance No. 22025, adopted January 20, 1975; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council approves of the proposed chamge in management control relating to Roanoke Valley Cablevision, Inc., set forth in letter to Council dated August 30, 1979 from David P. Fleming, attorney for Roanoke Valley Cablevision, Limited, on file in the Office of the City Clerk. This approval shall be valid for a period of sixty (60) days following the receipt of final approval from the Federal Communications Commission of the merger between Cox Broadcasting Corporation and General Electric Company, described in Mr. Fleming's letter; and 2. That, for the usual daily 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 November, 1979. No. 24907. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Planning and Analysis Grant 78-A4273 #7416 (1,2,3,4) ............................ $16~651.00 (1) Net decrease (A35741610002) (2) Net decrease (A35741623005) (3) Net decrease (A35741630001) (4) Net increase (A35741695301) $ 558.15 963.17 290.73 1,812.05 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 November, 1979. No. 24908. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Juvenile Court Training 78-A4254 #7435 (1 & 2) ........ -0- REVENUE Juvenile Court Training 78-A4254 #7435 (3,4,5) ........ -0- (1) Net decrease (A35743510002) (2) Net decrease (A35743523001) (3) Net decrease (R35743521) (4) Net decrease (R35743525) (5) Net decrease (R35743531) $65,810.29 2,009.71 30,728.00 29,586.51 7,505.49 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 November, 1979. No. 24909. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS: League of Older Americans Transportation Grant #6209 (1,2) ...................... $14,500.00 (1) Net decrease (A35620930050) (2) Net increase (A35620995301) $89.72 89.72 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 November, 1979. No. 24911. AN ORDINANCE accepting the bid of Acorn Construction Co., Ltd., for construction of Aeration Basins 3 and 4 Improvements at the Sewage Treatment Plant, upon certain terms and conditionsi~ and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting the other bid 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 Acorn Construction Co., Ltd., made to the City in the total amount of $409,868.00 for construction of Aeration Basins 3 and 4 Improvements at the Roanoke City Sewage Treatment Plant (Contract "F"), such bid being in full compliance with the City's plans and specifica:ions 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. That the City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Acorn Construction Co., Ltd., 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. That the other bid made to the City for the aforesaid work be and is hereby REJECTED, and the City Clerk is directed to notify such bidder and to express the City's appreciation for such bid; 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 upon.its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1979. No. 24912. AN ORDINANCE approving and imposing final assessments for the Fairland Lake and Glenavon Sanitary Sewer Project; authorizing the Director of Finance to refund certain over-payments to property owners; providing for the deferral of payment of these assessments; directing the City Clerk to transmit copies of this ordinance to the Clerk of the Circuit Court and to the affected property owners; appointing a new member of Council's committee to ascertain and apportion the costs of constructing the sanitary sewer; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the final assessments for the construction of sanitary sewer mains and laterals to serve the Fairland Lake and Glenavon areas of the City, as set out on Schedules A (incorporated herein) attached to the report to Council dated November 12, 1979 (the Report) from Council's committee appointed by Ordinance No. 21701, adopted July 29, 1974, as amended, to ascertain and apportion the costs of constructing the sanitary sewer improvements (the Committee), are approved and imposed upon the real estate and owners set out in the Report, as assessments for local improve- ments made pursuant to the provisions of Article 2, Chapter 7, Title 15.1, Code of Virginia (1950), as amended, with interest to accrue at six percent per annum, beginning January 1, 1980, on the principal balance from time to time remaining on the assessment; 2. That the Director of Finance is authorized and directed to refund to those persons, owning or formerly owning real estate in Division II, Glenavon, shown on the second Schedule A attached to the Report, who paid the estimated assessment established by Ordinance No. 23439, adopted January 4, 1977, the difference between the amount of the estimated assessment they paid and the amount of the final assessment, hereby imposed; 3. That, pursuant to Section 15.1-249.1, Code of Virginia (1950), as amended, the persons listed on Schedules A of the Report with respect to whom these special assessments are made may pay such assessments in equal quarterly installments, over a period of ten years from January 1, 1980, together with simple interest at the rate of six percent per annum, beginning January 1, 1980, on the unpaid principal balances from time to time remaining. Such installments and interest shall become due at the same time Roanoke City real estate taxes become due and payable. The amount of each installment, including principal and interest, shall be shown on or mailed with the tax ticket mailed to each such person by the City Treasurer. Until December 31, 1979, the property owners may pay to the Office of Billings and Collections, City of Roanoke, P. O. Box 2199, Room 120, Municipal Building, Roanoke, Virginia 24009, all or part of the assessment. On and after January 1, 1980, the property owners shall pay to the Treasurer of the City of Roanoke, P. O. Box 1451, Room 254, Municipal Building, Roanoke, Virginia 24007, each quarterly installment, plus interest, as they become due; but each property owner may pay in advance any amount of the assessment at any time. The Treasurer shall show the amount of each installment as a Supplemental Assessment, making specific reference to the date and number of this ordinance and indicating that it may be found in the Office of the City Clerk. The whole amount of these assessments, plus accrued interest, shall become due and payable upon the transfer for valuable consideration of fee simple title to the property with respect to which an assessment is imposed; but this provision shall not apply to the transfer of title to trustees of a deed of trust; 4. That the City Clerk is directed to mail a certified copy of this ordinance, with the Schedules A attached to the Report, to: (a) the Clerk of the Circuit Court of the City of Roanoke, who shall amend the amount of the estimated assessments, as shown in the appropriate Judgment Lien Docket Book, to show the final assessments, with respect to those persons and property in Division II, Glenavon, shown on the second Schedule A of the Report; (b) each property owner shown on Schedules A attached to the Report; 5. That Richard B. Burrow is appointed a member of the Committee to replace Mr. J. D. Sink, who has retired; and 6. That, for the usual daily operation 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 November, 1979. No. 24913. AN ORDINANCE cancelling the regular meeting of the City Council scheduled to be held November 26, 1979, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the regular meeting of the Council of the City of Roanoke to be held on the 26th day of November, 1979, at 2:00 p.m., at said Council's regular meeting place be, and said meeting is hereby CANCELLED; 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1979. No. 24914. A RESOLUTION repealing Resolution Nos. 19076, 21091 and 23738 and abolishing the Fair Employment Practices Committee. WHEREAS, the duties and responsibilities heretofore conferred on the Fair Employment Practices Committee are currently being duplicated by a City commission and other City officers, and Council deems it appropriate and expedient to abolish the Fair Employment Practices Committee; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Resolution No. 19076, adopted March 2, 1970, Resolution No. 21091, adopted August 20, 1973, and Resolution No. 23738, adopted July 25, 1977, be and they are hereby REPEALED, and the Fair Employment Practices Committee be and it is hereby ABOLISHED; 2. That the City Clerk is directed to advise the present members of the Fair Employment Practices Committee of the abolition of this Committee and express to such members the appreciation of the City for their meritorious service. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of November, 1979. No. 24915. 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 on 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' Retirement System of the City of Roanoke; WHEREAS, this Council has by the aforesaid Ordinance agreed to make to ICMA as an initial contribution on behalf of such officers the maximum contribution permitted by law and Internal Revenue Service Regulations; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That, with respect to those officers enumerated in Ordinance No. 24839, dated September 10, 1979, who have exercised an irrevocable option to participate in the Deferred Compensation Plan of ICMA in lieu of participation in the Employees' Retirement System of the City of Roanoke, the Director of Finance shall be authorized on behalf of the City and such officers to make an initial contribution to ICMA Retirement Corporation of the maximum permitted by law and Internal Revenue Service Regulations, including the authority to transfer from the Employees' Retirement System trust fund amounts representing the City's contributions on behalf of such employees who are non-vested; 2. That the Director of Finance shall be authorized on behalf of the City of Roanoke to execute any agreements required by ICMA to effectuate such initial contributions and transfers of funds; 3. That with respect to any initial contribution or transfer of funds necessary to establish an individual account with ICMA for the Director of Finance, the Mayor shall be authorized to execute any agreements required by ICMA; 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1979. No. 24916. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Social Services #1537 (1-5) ............................ $6,250,780.00 Fringe Benefits #1810 (6) .............................. 4,962,006.00 REVENUE Grants-in-Aid Commonwealth (7) ......................... 10,327,622.00 (1) Net mncrease (A01153751801) (2) Net mncrease (A01153710005) (3) Net mncrease (A01153720035) (4) Net mncrease (A01153720030) (5) Net increase (A01153721005) (6) Net increase (A01181011010) (7) Net mncrease (R01061901) $456,133.00 38,801.00 5,063.00 995.00 214.00 2,379.00 503,585.00 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 19th day of November, 1979. No. 24917. AN ORDINANCE authorizing and providing for the lease by the City of certain office space at 401 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 as follows: 1. That 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 3,000 square feet of office space on the east side of the main level of the building located at 401 Campbell Avenue, S. W., Roanoke, Virginia, for use as office space by the Fuel Assistance Program conducted by the Social Services Department for four and one-half months from November 16, 1979 through March 31, 1980, at a monthly rental of $1,125.00; 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; and 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1979. No. 24918. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Grant 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 1979-80 General Fund and Grant Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS: Building Maintenance ~/1664 (1) ........................ $2,515,984.00 Transfers ~/1855 (2) ................................... 9,062,809.00 GRANT FUND APPROPRIATIONS: Juvenile Home Construction 79A4804E ~/7415 (3) ......... 597,581.90 REVENUE: Juvenile Home Construction 79A4804E (4) ............... 597,581.90 (1) Net decrease (A01166425561) (2) Net increase (A01185587735) (3) Net increase (A35741599996) (4) Net increase (R35741531) $25,000.00 65,650.00 65,650.00 65,650.00 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 19th day of November, 1979. No. 24919. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Avis Construction Company, Inc., dated June 26, 1979, for certain alterations and additions to the City's Juvenile Detention Home; 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, Change Order No. 1 to the City's contract with Avis Construction Company, Inc., dated June 26, 1979, for certain alterations and additions to the City's Juvenile Detention Home, so as to provide for the installation of a sprinkler system, a new roof for the existing building, and an additional exit door for the multi-purpose room, as set forth in the City Manager's report dated November 19, 1979; the amount of the Change Order not to exceed the sum of $77,908.00, bringing the total amount of the said contract to $674,908.00; and 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1979. No. 24920. AN ORDINANCE to amend and reordain certain sections of the 1979-80 G~neral 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 thatlcertain sections of the 1979-80 General Fund Appropriation Ordinance, be, and the same are here~y, amended and reordained to read as follows, in part: APPROPRIATIONS: Police #1345 (1) ................................. $3,795,313.95 (1) Net increase (A01134590010) $118,398.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance s~all be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1979. No. 24921. AN ORDINANCE providing for the purchase of certain vehicular equipme~t for use by the City, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and delivering said vehicular equipment, rejecting certain bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bids in writing of the following named bidder made to the City and opened on October 11, 1979, to furnish to the City the vehicular equipment hereinafte~ set out and generally described, but more particularly described in the City's specifications and alternates and in said bidder's proposals, be and are hereby ACCEPTED, at the purchase prices set out with each said item and the name of the successful bidder thereon, viz: Item Quantity and Successful Total Number Description Bidder Purchase ~rice 23 - new 1980 Model police automobiles (marked units), compact class Berglund Chevrolet, Inc. $ 172,795.09 2 10 - new 1980 Model police automobiles (unmarked units), compact class Berglund Chevrolet, Inc. TOTAL PURCHASE PRICE $ 66,00:30 $ 238,79' 39 2. That the City's Manager of Purchasing and Materials Control be, ~nd is hereby authorized and directed to issue the requisite purchase order therefor, incorpQrating into said order the City's specifications, the terms of said bidder's proposals, and the Iterms and provisions of this ordinance; 3. That, upon delivery to the City of the aforesaid equipment and upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to the aforesaid successful bidder for the aforesaid Ipurchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore ~pproprmated for the purpose; 4. That 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; 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 upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1979. No. 24922. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Refuse Collection #1669 (1) ........................ $1,867,931.00 (1) Net increase (A01166990010) $19,353.00 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 19th day of November, 1979. No. 24923. AN ORDINANCE authorizing the purchase of a hydraulic knuckle boom trash loader and body 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 another bid made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Cavalier Equipment Corporation, made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, a hydraulic knuckle boom trash loader and body at a net price of $19,353.00, is hereby ACCEPTED; 2. That the City's Manager of Purchasing and Materials Control 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 said bidder's proposal, and the terms and provisions of this ordinance; 3. That, upon delivery to the City of the aforesaid equipment and upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to the aforesaid successful bidder for the aforesaid purchase price, not to exceed the sum of $19,353.00, such funds having been heretofore appropriated for this purpose; 4. That the other bid made to the City be and is hereby REJECTED, and the City Clerk is directed to notify such other bidder and to express the City's appreciation for its bid; 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1979. No. 24924. AN ORDINANCE providing for the purchase of one step van for use by the City, upon certain terms and conditions, by accepting a certain bid made to the City for furnishing and delivering said vehicle; providing for the issuance of the requisite purchase order for the vehicle; authorizing the Director of Finance to pay for the vehicle; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Berglund Chevrolet, Incorporated, made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, one step van at the purchase price of $8,527.33, is hereby ACCEPTED; 2. That the City's Manager of Purchasing and Materials Control 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 said bidder's proposal, and the terms and provisions of this ordinance; 3. That, upon delivery to the City of the aforesaid vehicle and .upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to the aforesaid ~cc~s~fu! ~idder for the aforesaid ipurchase price, not to exceed the sum of $8,527.33, such funds having been heretofore appropriated for this purpose; 4. That the other bids made to the City with respect to the step van and the compact automobiles, described in the Bid Committee's report dated November 19, 1979, on file in the Office of the City Clerk, 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; 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 ~ffect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1979. No. 24925. A RESOLUTION providing for the supervision of the Department of Purchasing and Materials Control to remain with the Director of Finance until January 1, 1980. BE IT RESOLVED by the Council of the City of Roanoke that the Director of Finance shall continue to have supervisory control over the Department of Purchasing and Materials Control of the Directorate of Administration and Public Safety until January 1, 1980, at which time such Department shall revert to the supervision and control of the Director of Administration and Public Safety. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 1979. No. 24926. A RESOLUTION co~ending the Roanoke Valley Chamber of Commerce for its activities in support of the recent bond referendum and expressing the appreciation of Council to such organization WHEREAS, on November 6, 1979, the electorate of this City approved the issuance of $15,500,000.00 of general obligation bonds of the City, and such funds will enable the City to construct many much-needed capital improvements; WHEREAS, the Roanoke Valley Chamber of Commerce, its officers and employees and, in particular, the Bond Referendum Promotion Committee worked actively in support of such bond issue and expended considerable time and money in their efforts to educate the public as to the need for such bond issue and the financial soundness of such issue; and WHEREAS, the efforts of the Chamber of Commerce and its Committee were successful at a time when many other localities were rejecting bond issues; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council doth extend its appreciation to the Roanoke Valley Chamber of Commerce, its officers and members and the members of the Bond Referendum Promotion Committee for their outstanding work in support of the approval of the proposed bond issue by the electorate; 2. That the City Clerk be directed to transmit attested copies of this resolution to Mr. John L. Walker, Jr., President of the Roanoke Valley Chamber of Commerce, Mr. Robert W. Woody, Chairman of the Bond Referendum Promotion Committee and Mr. Jack C. Smith, Executive Director of the Roanoke Valley Chamber of Commerce. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The. 3rd day of December, 1979. No. 24898. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke 1956, as amended, and Sheet No. 546, and Sheet No. 547, 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 parcels containing 49.23 acres and 16.16 acres, respectively, located on U. S. Route 220, (Franklin Road, S. W.), State Route 789, and Van Winkle Road, S. W., Official Tax No. 5460101 and 5470119, rezoned, subject to certain conditions proffered by the petitioners pursuant to Section 54.2, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, from RS-3, Single Family Residential District, to C-2, General Commercial District, C-i, Office and Institutional District, and RG-1, General Residential District, as more particularly described in the petition for rezoning filed with the City Clerk on September 13, 1979 and October 11, 1979; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, C-l, Office and Institutional District, and RG-1, General Residential District, subject to the conditions proffered by the petitioners in their petition; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, 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 12th day of November, 1979, 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 Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 546 and Sheet No. 547 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular subject to the conditions set forth in the petition for rezoning filed with the City Clerk on September 13, 1979, and October 11, 1979, which petition is hereby incorporated as a part of this ordinance, viz: Property fronting on U. S. Route 220 (Franklin Road, S. W.), State Route 789, and Van Winkle Road, S. W., containing 49.23 acres and 16.16 acres, designated on Sheet 546 and Sheet 547 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 5460101 and 5470119, be, ~nd is hereby, changed from RS-3, Single Family Residential District, to C-2, General Commercial District, C-I, Office and Institutional District, and RG-1, General Residential District, as requested in said petition, and that Sheet No. 546 and Sheet No. 547 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24899. AN ORDINANCE permitting the vacating, discontinuing and closing of an alley which is more particularly described hereinafter. WHEREAS, Blue Ridge Medical Land Associates has heretofore filed its application with the Council of the City of Roanoke, Virginia, in accordance with law requesting the Council to permanently vacate, discontinue and close the aforesaid alley, which is more particularly described hereinafter; and WHEREAS, Blue Ridge Medical Land Associates did on September 6, 1979, duly and legally publish 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), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by affidavit of the City Sheriff appended to the appii~ation, an~ WHEREAS, more than ten (10) days having expired since the publication of the notice of the said application and in accordance with the prayers of the said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by Resolution No. 24843 referred the said application to the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on the 3rd day of October, 1979, recommended that the requested alley closing be approved; and WHEREAS, Council did in its Resolution No. 24843 appoint viewers to view the said alley and to report in writing whether or not in their opinion any inconvenience would result from formall~ vacating, discontinuing and closing said alley; and WHEREAS, it appearing from the Report of the Viewers filed with the City Clerk immediately thereafter, that no inconvenience would result to individuals or the public from vacating, discon- tinuing, and permanently closing the hereinafter described alley; and WHEREAS, a public hearing was held on the said application before Council at its regular meeting on November 12, 1979 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 the 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, Council considers that no inconvenience will result to individuals or to the public from permanently vacating, discontinuing and closing said alley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that said alley situate in the City of Roanoke, Virginia, and described as follows: Ail of that certain alleyway extending Block 13, Official Survey, S. W. 3, which alley is bounded on the north by the southerly line of Albemarle Avenue; on the east by the westerly lines of lots 4, 5 and 6, Official Survey, S. W. 3; on the south by the northerly line of Lot 8, Official Survey S. W. 3; on the west by the easterly line of Lots 1, 2 and 3, Official Survey, S.W. 3. be, and the same is hereby, permanently vacated, discontinued and closed as a public alley; and that all right and interest of the public in and to the same be, and the same hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving unto the City of Roanoke an easement for sewer lines and water mains and all other public utilities as may now be located across the said alley or portions thereof together with the right of ingress and egress for the maintenance of such lines, mains or utilities, provided however, that such easement or easements or portions thereof, shall terminate upon later abandonment of use or permanent removal of such sewer lines, water mains and all other public utilities or any of them from the above- described alley. BE IT FURTHER ORDAINED that the City Engineer be and hereby is directed to mark "permanentl~ vacated" on the said street and alley portions of all maps and plats of file with his office on which said street and alley portions are shown referring to the book and page of the 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 Deed Books in the Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Blue Ridge Medical Land Associates, and in the name of Gardner Realty Company and in the name of any other party in interest who may so request, as Grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24900. AN ORDINANCE permanently vacating, discontinuing and closing a portion of First Street, S. E. between Salem Avenue, S. E. and Campbell Avenue, S. E., as more particularly described hereinafter. WHEREAS, John N. Lampros has heretofore filed his petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the aforesaid portion of First Street, S. E., which is now occupied by the building located on Lot 98, Ward 5, Roanoke Land & Improvement Co., due notice of the filing of said petition having been given to the public as required by law; and WhmR~AS, in accordance with the prayers of said petition, viewers were appointed by the Council on the 1st day of October, 1979, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing the aforesaid street portion; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconvenience would result to any individual or to the public from permanently vacating, discontinuing and closing said street portion; and WHEREAS, Council at its meeting on October 1, 1979, referred the petition to the City Planning Commission, which Commission in its report before Council on November 12, 1979, recommended that the request to close a portion of First Street, S. E., between Salem Avenue, S. E. and Campbell Avenue, S. E., be granted; and WHEREAS, a public hearing was held on the question before Council at'its meeting on the 12th day of November, 1979, at 7:30 p.m., after due and timely notice thereof published in the Roanoke Times & World News, at which hearing all parties and interested citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing the herein- after described street portion, as recommended by the Planning Commission, and that accordingly, said street portion should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the portion of First Street, S. E. between Salem Avenue, S. E. and Campbell Avenue, S. E., more particularly described as follows: That portion of the easterly side of First Street, S. E. between Salem Avenue, S. E. and Campbell Avenue, S. E., bordering Lot 98, Ward 5, Roanoke Land and Improvement Company (Official Tax No. 4010501), being 0.24 feet wide at its widest point at the corner of First Street and Salem Avenue and narrowing to 0.00 feet wide as it approaches Campbell Avenue, which street portion is now occupied by the building located on Lot 98, Ward 5, Roanoke Land & Improvement Company, as more particularly shown on a plat of survey for John N. Lampros made by T. P. Parker & Son, Engineers & Surveyors, dated February 14, 1978, which plat is attached hereto and made a part hereof. BE, and it hereby is, permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and of the public to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke, Virginia, reserving unto itself, however, a perpetual easement for the continued right of ownership, maintenance, operation, repair, or replacement of sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid street, together with a necessary right of way therefor. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "Permanently Vacated" on the abovedescribed street on all maps and plats on file in his office on which the said street is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the City deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown the said street, now as provided by law, and that if requested by any party in interest, he may record the same in the deed book in his office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor and in the name of any party in interest who may request as Grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24901. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, and Sheet No. 225, 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 tract of land fronting on the westerly side of Interstate Route 581, containing 5.0 acres, more or less, part of Official Tax No. 2250101, rezoned subject to certain conditions proffered by the petitioners pursuant to Section 54.2, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as amended, from IDM, Industrial Development District, to LM, Light Manufacturing District, as more particularly described in the amended Petition for ~ezoning filed with the City Clerk on August 27, 1979; and WHEREAS, the City Planning Commission has recommended that the hereinafter-described land be rezoned from IDM, Industrial Development District, to LM, Light Manufacturing District, subject to the conditions proffered by the petitioner in its amended petition; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, 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 12th day of November, 1979, 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 Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as amended, relating to Zoning and Sheet No. 225, of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular, subject to the conditions set forth in the amended petition for rezoning filed with the City Clerk on August 27, 1979, which petition is hereby incorporated as a part of this ordinance, viz: Property fronting on the westerly side of Interstate Route 581 containing 5.0 acres, more or less, designated as part of Official Tax No. 2250101, designated on Sheet No. 225, of the Sectional 1976 Zone Map, be, and is hereby changed from IDM, Industrial Development District, to LM, Light Manufacturing District, as more particularly described in the aforementioned Petition for Rezoning and that Sheet No. 225 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24910. AN ORDINANCE authorizing the sale and conveyance of certain real estate owned by the City and located at the northwest corner of South Jefferson Street and Reserve Avenue, S. W., Roanoke, Virginia, designated as a part of Official Tax No. 1032106, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor be, and he is hereby authorized, empowered and directed to execute, for and on behalf of the City, the City's deed conveying with special warranty of title real estate located at the northwest corner of South Jefferson Street and Reserve Avenue, S. W., Roanoke, Virginia, and being a part of Official Tax No. 1032106 for a consideration of $3,349.98 to George J. Buchanan, Jr., who shall pay all costs of title transfer, said deed to be approved as to form by the City Attorney and to contain a certain restriction to be a covenant running with the land prohibiting the erection of any structure on this land; and that the City Clerk be, and she is hereby authorized and directed to affix to the aforesaid deed the City's seal, and to attest the same, the signature of the Mayor and of the City Clerk to be acknowledged by each of them as provided by law. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24927. A RESOLUTION declaring a City holiday on December 24, 1979. BE IT RESOLVED by the Council of the City of Roanoke that this Council concurs in the report of the City Manager dated December 3, 1979, concerning the declaration of December 24, 1979, as a holiday for all City employees, and such date is hereby declared a City holiday, provided 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. APPROVED ATTEST: City Clerk Mayor IN THE couNcIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24928. A RESOLUTION changing the date of a regularly scheduled weekly meeting of Council. BE IT RESOLVED by the Council of the City of Roanoke that the regular meeting of this Council scheduled to be held on December 24, 1979, at 2:00 o'clock p.m. be and said meeting is hereby rescheduled to December 26, 1979, at 2;00 o'clock p.m., in the Council Chambers on the Fourth Floor of the Municipal Building. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24930. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Libraries #1585 (1-4) ............................. $ 746,544.00 REVENUE Grants in Aid Federal Government (5) .............. 3,437,128.00 (1) Net increase (A01158523005) (2) Net increase (A01158525515) (3) Net increase (A01158530047) (4) Net increase (A01158590020) (5) Net increase (R01072401) $ 700.00 2,100.00 2,083.00 28,715.00 33,598.00 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 December, 1979. No. 24931. A RESOLUTION authorizing the City Manager to accept a certain Grant-in-Aid for the City Library approved by the State Library Board and to execute the requisite documents 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 be, and he is hereby authorized, for and on behalf of the City of Roanoke, to accept a certain Grant-in-Aid for the City Library in the amount of $33,598.00 approved by the State Library Board, and to execute a certain document entitled "Authorization of Expenditure of Federal Aid Funds 1979-1980" to enable the City to receive such Grant-in-Aid. APPROVED ATTEST: City Clerk Mayor 4O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24932. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Grant Programs Fund and Fifth District Consortium 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 1979-80 Grant Programs Fund and Fifth District Consortium Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GRANT PROGRAMS FUND Appropriations: Department of Labor (C.E.T.A.) (1-6) .................... $25,875,220.00 Revenue: Department of Labor (C.E.T.A.) (7) ...................... 25,875,220.00 FIFTH DISTRICT CONSORTIUM FUND Appropriations: Department of Labor (C.E.T.A.) (8-14) ................... 6,373,971.00 Revenue: Department of Labor (C.E.T.A.) (15-21) .................. 6,373,971.00 (1) Net decrease (A35782625001) (2) Net decrease (A35782625002) (3) Net decrease (A35782625008) (4) Net decrease (A35782625007) (5) Net decrease (A35782625010) (6) Net decrease (A35782625006) (7) Net decrease (R357C9191) (8) Net increase (A34806199999) (9) Net ~ncrease (A34806299999) (10) Net mncrease (A34806399999) (11) Net increase (A34806499999) (12) Net increase (A34806599999) (13) Net mncrease (A34806699999) (14) Net mncrease (A34806799999) (15) Net mncrease (R34800161) (16) Net ~ncrease (R34800162) (17) Net ~ncrease (R34800163) (18) Net mncrease (R34800164) (19) Net mncrease (R34800165) (20) Net mncrease (R34800166) (21) Net increase (R34800167) $ 774,747.00 1,011,489.00 18,310.00 97,407.00 291,590.00 1,273,128.00 3,466,671.00 2,290,827.00 1,502,107.00 586,749.00 121,514.00 291,590.00 1,273,128.00 308,056.00 2,290,827.00 1,502,107.00 586,749.00 121,514.00 291,590.00 1,273,128.00 308,056.00 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 December, 1979. No. 24935. AN ORDINANCE authorizing the proper City officials to execute contracts, numbered DOT- FA79EA-423 and DOT-FA79EA-428, for the provision by the City to the United States of America, Federal Aviation Administration, of utilities in connection with the latter's lease of floor space at Roanoke Municipal Airport, Woodrum Field; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, or Sam H. McGhee, III, Assistant City Manager, are authorized to execute and deliver two certain contracts, numbered DOT-FA79EA-423 and DOT-FA79EA- 428, for terms of five years beginning July 1, 1979, for the provision by the City to the United States of America, Federal Aviation Administration, of heating, air conditioning, electricity, water and sewage service in connection with the latter's lease of floor space at Roanoke Municipal Airport, Woodrum Field, at an annual fee to the City of $14,520.93, which contracts shall be in such form as is approved by the City Attorney; and 2. That, for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24937. AN ORDINANCE amending and reordaining Chapter 4, Offenses Against the Peace, of Title XXIII, Misdemeanors and Offenses, Code of the City of Roanoke (1956), as amended, by repealing Section 1, Disturbing the peace, Section 2, Disturbance of a public performance, and Section 3, Disturbing religious worship, and by adding new sections numbered 1.1, Disorderly conduct in public places, and 1.2 Abusive language, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 4, Offenses Against the Peace, of Title XXIII, Misdemeanors and Offenses, Code of the City of Roanoke (1956), as amended, be amended by repealing Section 1, Disturbing the peace, Section 2, Disturbance of a public performance, and Section 3, Disturbing religious worship, and adding new sections numbered 1.1, Disorderly conduct in public places, and 1.2. Abusive language, to read and provide as follows: Section 1.1 Disorderl~ conduct in public places. A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or '~ecklessly creating a risk thereof, he: (a) In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, in- dividually, such conduct is directed; provided, how- ever, such conduct shall not be deemed to include the utterance or display of any words or to include con- duct otherwise made punishable under this Title; or (b) Willfully, or being intoxicated, whether will- fully or not, disrupts any meeting of City Council or any authority, board, commission, committee or agency appointed by the Council, or of any school, literary society or place of religious worship, if such dis- ruption prevents or interferes with the orderly con- duct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; pro- vided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Title. The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose. Any person violating any provision of this section shall, upon conviction, be punished by fine not exceed- ing one thousand dollars ($1,000) or confinement in jail for not more than twelve months, either or both. Section 1.2. Abusive language. If any person shall, in the presence or hearing of another, curse or abuse such other person, use any violent abusive language to such person concerning himself or any of his relations or otherwise use such language which would precipitate an in~nediate, force- ful and violent reaction by a reasonable person, he shall be guilty of a misdemeanor, and upon conviction, shall be punished by fine not exceeding five hundred dollars 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 1979. No. 24939. A RESOLUTION memorializing the late Dr. Charles M. Cornell. WHEREAS, the members of this Council have learned, with sorrow, of the passing on November 14, 1979, of Dr. Charles M. Cornell, a former member of this Council and a long-time resident of the City of Roanoke; WHEREAS, Dr. Cornell, a podiatrist, who was a resident of this City for nearly thirty years, served on the Roanoke City Council from September 1, 1958, to August 31, 1962, and during such period, he demonstrated himself to be a dedicated public official exemplifying in his actions on Council attributes of competence, fairness and loyalty to the best interests of the City and its inhabitants and earning the highest respect of his fellow Council members and the citizens of this City; WHEREAS, Dr. Cornell gave unselfishly of his time and ability, displaying particular concern for the needs of the elderly and those juveniles who had run afoul of the law and for the health needs of the entire public; and WHEREAS, this Council desires to take special note of his passing and to pay respect to the memory of this former Council member; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Council adopts this means of recording its deepest regrets at the passing of the late Honorable Charles M. Cornell, a former member of this Council, and extends to Mrs. Rachel M. Cornell, his widow, and their children, the sympathy of this Council and that of the citizens of this City whom he faithfully served; and 2. That the City Clerk is directed to forward an attested copy of this resolution to Mrs. Cornell. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1979. No. 24929. AN ORDINANCE authorizing and providing for the lease by the City of a structure known as the James Alexander House, 633 Walnut Avenue, S. W., located in Highland Park, in the City, together with its outbuildings, to the Old Southwest Neighborhood Alliance; on certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to enter into a written lease agreement on behalf of the City with the Old Southwest Neighborhood Alliance, leasing to said organization that structure known as the James Alexander House, 633 Walnut Avenue, S. W., located in Highland Park in the City, together with its outbuildings, for a term of five (5) years at an annual rental rate of One Dollar ($1.00) upon certain terms and conditions more particularly set forth in a report of the City Manager dated December 3, 1979; such lease shall 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1979. No. 24933. AN ORDINANCE authorizing the City Manager to enter into an agreement with American Motor Inns, Inc., extending the Civic Center lease and concession agreement through July 31, 1980 and directing the City }~anager to solicit bids for and award this lease and concession agreement, to be effective August 1, 1980. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That H. B. Ewert, City Manager, is authorized and directed to enter into an agreement. the form of which shall be approved by the City Attorney, with American Motor Inns, Inc. extending the Civic Center lease and concession agreement for one year from August 1, 1979 through July 31, 1980, to allow time for compliance by the City with constitutionally required competitive bidding for the award of such rights; and 2. That H. B. Ewert, City Manager, is directed prior to July 31, 1980 to solicit bids for and award this lease and concession agreement, to be effective August l, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1979. No. 24934. AN ORDINANCE authorizing the proper City officials to enter into agreements, numbered DOT-FA79EA-393 and DOT-FA79EA-427, with the United States of America, Federal Aviation Administra- tion, providing for the latter's rent-free lease from the City of floor space in the Terminal Building and in Airport Building No. 1 at Roanoke Municipal Airport, Woodrum Field. BE IT ORDAINED by the Council of the City of Roanoke that H. B. Ewert, City Manager, or Sam H. McGhee, III, Assistant City Manager, are authorized and directed to execute and deliver two certain agreements, numbered DOT-FA79EA-393 and DOT-FA79EA-427, upon such form as is approved by the City Attorney, with the United States of America, Federal Aviation Administration, for the latter's rent-free lease from the City of 3,777 square feet of floor space in the Terminal Building for the air traffic control tower and 3,198 square feet of floor space in Airport Building No. 1 for the Flight Service Station at Roanoke Municipal Airport, Woodrum Field, from July 1, 1979 through June 20, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1979. No. 24936. AN ORDINANCE authorizing the proper City officials to enter into two agreements, numbered DOT-FA79EA-422 and DOT-FA79EA-426, with the United States of America, Federal Aviation Administra- tion, providing for the latter's lease from the City of floor space in the Terminal Building and Airport Building No. 1 at Roanoke ~nicipal Air~ort, ~oodrum Field. BE IT ORDAINED by the Council of the City of Roanoke that H. B. Ewert, City Manager, or Sam H. McGhee, III, Assistant City Manager, are authorized and directed to execute and deliver two certain agreements, numbered DOT-FA79EA-422 and DOT-FA79EA-426, upon such forms as are approved by the City Attorney, with the United States of America, Federal Aviation Administration, for the latter's lease from the City of 1,314 square feet of floor space in the Terminal Building and 1,292 square feet of space in Airport Building No. 1 (Flight Service Station) and for the provision by the City to the lessee of heating, air conditioning, electricity, water and sewage service in connection with this space, for an annual consideration of $9,116.66 and for a term of five years beginning July 1, 1979. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1979. No. 24938. AN ORDINANCE permanently vacating, discontinuing, and closing a certain portion of an alley extending in a northeasterly direction from 27th Street (formerly 6th Street), S.W., to 26th Street (formerly 5th Street), S. W., adjacent to Crystal Spring school property, as is more particu- larly described hereinafter. WHEREAS, the Council has heretofore, by its own motion, proposed the permanent closing, vacating, and discontinuing of a certain alley extending in a northeasterly direction from 27th Street (formerly 6th Street), S. W., to 26th Street (formerly 5th Street), S. W., adjacent to Crystal Spring school property, or an appropriate portion thereof, and did, by Resolution No. 24738, appoint viewers to view said alley and to report to the Council as provided by law; and WHEREAS, Messrs. Harold W. Harris, Jr., L. Elwood Norris and Fred DeFelice, three of the viewers heretofore appointed as aforesaid, after making oath that they would faithfully and im- partially discharge their duties as viewers, have taken a view of said alley and have reported to the Council in writing under date of August 7, 1979, that in their opinion minimal inconvenience would result to those persons residing at 2607 Rosalind Avenue, S. W., and 2615 Rosalind Avenue, S. W., from permanently vacating, closing and discontinuing the entire alley; and the City Planning Commission has recommended to the Council in writing that the entire alley be permanently vacated, closed, and discontinued; and WHEREAS, a public hearing on the question of the closing of said alley, was held at the Council meeting on the 12th day of November, 1979, at 7:30 P.M., in the Council Chambers, after due and timely notice of such public hearing published in a local newspaper; and WHEREAS, the Council is, itself, of the opinion that the closing of a certain portion of the alley as more particularly described hereinafter would promote the safety of the school childre~ and would not result in any impediment of City services and that minimal inconvenience would result, either to any individual or to the public, from permanently vacating, closing, and discontin~ said portion of the alley and that the same should be permanently vacated, closed, and discontinued as a public alley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following described portion of that alley situate adjacent to Crystal Spring school property, extending in a northeasterly direction from 27th Street (formerly 6th Street), S.W., to 26th Street (formerly 5th Street), S. W., to-wit: That certain portion of a 12-foot wide alley approximately 180 feet in length more particularly described as follows, to-wit: BEGINNING at a point on the northerly right-of-way of 27th Street (formerly 6th Street), S. W., said point being N. 57 degrees 41' W., 150 feet from the northwest corner of 27th Street (formerly 6th Street), S. W., and Rosalind Avenue, S. W.; thence, N. 32 degrees 19' E., 180 feet to the southwestern corner of the property of Elizabeth P. Mitchell; thence, N. 57 degrees 41' W., 12 feet to the property owned by the City of Roanoke and dedicated as Crystal Spring School; thence, with the line of said Crystal Spring School property S. 32 degrees 19' W., 180 feet to the northerly right-of-way of 27th Street (formerly 6th Street), S. W.; thence, with the northerly right-of-way of 27th Street (formerly 6th Street), S. W., S. 57 degrees 41' E., 12 feet to the Place of BEGINNING be, and is hereby permanently VACATED, DISCONTINUED and CLOSED as a public alley, and that all right, title and interest of the public in general, in and to said alley as a public thoroughfare of the City, is hereby terminated and released insofar as this Council is empowered so to do. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "permanently vacated, discontinued and closed" that nortion of said former alley herein vacated on all maps and plats in his office, referring to the book and page of resolutions and ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk forthwith deliver to the Clerk of the Circuit Court of the City of Roanoke an attested copy of this ordinance in order that the same be recorded in said lastmentioned Clerk's Office and be indexed in the name of the City of Roanoke, Virginia, grantor. BE IT FINALLY ORDAINED that the Council does hereby express its appreciation to the aforesaid viewers for their services in regard to this matter, said viewers having heretofore received payment for their services as viewers. APPROVED ATTEST: City Clerk Mayor ing IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1979. No. 24944. A RESOLUTION appointing the City's Director of Administration and Public Safety as the City's alternate representative to the Policy Board of the Fifth District Employment and Training Consortium, and relieving the City Manager of this responsibility. BE IT RESOLVED by the Council of the City of Roanoke that the City's Director of Administration and Public Safety is hereby appointed as the City's alternate representative to the Policy Board of the Fifth District Employment and Training Consortium, and the City Manager is hereby relieved of this responsibility, effective immediately. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of December, 1979. No. 24945. 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 December 17, 1979, immediately following the meeting of the Greater Roanoke Transit Company in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W., in said City for the purpose of holding a public hearing on the Charter amendments proposed to be requested by the City from the 1980 Session of the General Assembly and to adopt any required ordinances and resolutions with respect to the City's legislative proposals. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 1979. No. 24946. A RESOLUTION requesting the 1980 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a Special Meeting of the Council held on December 17, 1979, in the Council Chambers 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 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 time 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 proposed amendment to such Charter, the Council is of opinion that the 1980 General Assembly should be requested to amend this City's Charter as hereinafter set forth; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the General Assembly of Virginia be and is hereby re quested at its 1980 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 2.2. Transit system. The city shall have the power to: (1) Acquire, own, operate, maintain or otherwise provide for a transit system and transit facilities; (2) Enter into agreements or leases with private companies for the operation of a transit system or operate such system itself; (3) Make application for and accept loans and grants of money or materials or property at any time from the United States of America or Commonwealth of Virginia or any agency or instrumentality thereof; and (4) Enter into contracts with counties, cities and towns adjoining the city to provide or cause to be provided transit facilities and services to such cities, counties and towns. Section 10. Meetings of council. At eh~ee two o'clock post meridian on the first Rmy Monday of July next following each regular municipal election, or if such day be ~mRmy a City holiday, then on the day following, the Council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected councilmen shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, except where the public interest may require executive sessions, and any citizen may have access to the minutes and records thereof at all reasonable times. Section 21. Same - Powers and duties. The city manager shall be responsible to the council for the efficient administration of all offices of the city. He shall have power, and it shall be his duty: (a) To see that all laws and ordinances are enforced. (b) Subject to the limitations contained in section 7 of this Charter and except as otherwise provided in this Charter, Ce the city manager or his designees shall appoint such city officers and employees as the council shall determine are necessary for the proper administration of the affairs of the city, w~h and the city manager or his designees shall have the power to discipline and remove any such officer and employee~ ~-~e-~epe~-e~e~-mpp~m~- mem~-am~-~eme~a~-~e-~he-ee~me~-~-~e-me~-mee~m§-~e~ee~-~e~ew~m§-~my-~e~-appe~m~mem~-~ (c) To attend all meetings of the council, with the right to take part in the discussion, but having no vote. (d) To recommend to the council for adoption such measures as he may deem necessary or expedient. (e) To make reports to the council from time to time upon the affairs of the city and to keep the council fully advised of the city's financial condition and its future financial needs. (f) To appoint in writing a city officer reporting to the city manager as acting city manager for a time period not to exceed thirty days when the .city manager will be absent from the city. (g) To acquire on behalf of the city easements, licenses, permits, privileges or other rights of any kind to use property for nominal consideration. ~g~(h) To perform such other duties as are prescribed by this Charter or as may be prescribed by the council. Section 21.1 Assistant city manager. The city manager may appoint an assistant city manager subject to confirmation by a majority of the members of council. The assistant city manager shall hold office at the pleasure of the city manager making the appointment. He shall be responsible to the city manager for the administration of all city affairs placed in his charge by the city manager or under this Charter. During the absence, disqualification or disability of the city manager, he shall perform the duties of that officevunless the city manager has designated in writing some other city officer to serve as acting city manager. Section 26. City Attorney. The city attorney shall be elected at the time, in the manner, and for the term provided by section nine of this Charter. He shall be the legal advisor of and attorney and counsel for the city and the school board of the city and for all officers, and departments thereof, in matters relating to their official duties. He shall prosecute all suits, actions and proceedings for and on behalf of the city and the school board of the city, and defend all suits, actions and proceedings against the same, and shall prepare all contracts, bonds and other instruments in writing, in which the city or the school board of the city are interested or concerned, and shall endorse on each his approval of the form and correctness thereof, provided that in the case of bonds to be issued by the city, it shall be sufficient if he certify to the council his approval thereof as to form in a separate writing, to be filed and preserved with the records of the council. The council, the city manager, or any officer, board or commission may require the opinion of the city attorney upon any question of law involving their respective powers and du- ties. The city attorney shall apply in the name of the city to a court of competent jurisdiction for such injunction or injunctions as may be necessary to restrain and prevent the misapplication of the funds of the city, or the invasion or abuse of its corporate powers, or the usurpation of authority by any city official, or the execution of performance of any contract made in behalf of the city in contravention of law, or which was procured by fraud or corruption. When an obligation or contract made on behalf of the city granting a right or easement or creating a public duty is being evaded or violated, the city attorney, when directed by council, shall institute and prosecute such suit or suits as may be necessary to enforce the forfeiture thereof, or the specific performance thereof, as the nature of the case may require. In case any officer, board or commission shall fail to perform any duty required by law, the city attorney shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty. Whenever the city or school board shall purchase or otherwise ~:' acquire real estate or any interest therein, unless other provision is made by council, the city attorney shall e~am4me-~m~-ee~y-~e-~e-~e~e~e conduct such title examination as he deems appropriate before the purchase price thereof shall be paid. The said city attorney shall perform such other duties as may be required of him by ordinance or resolution of the council. Section 31. Police department. The police department shall be composed of a superintendent or chief of police and of such officers, patrolmen and other employees as the council may determine. The superintendent or chief of police shall have the immediate direction and control of the said department, subject, however, to the supervision of the city manager and to such rules, regulations and orders as the said city manager may prescribe. The superintendent or chief of police shall issue all orders, rules and regulations for the government of the whole department. In case of the disability of the superintendent or chief of police to perform his duties by reason of sickness, absence from the city or other cause, the city manager shall designate some member of the police department to act as superintendent or chief of police during such disability, and the officer so designated, shall serve without additional compensation. The members of the police department shall be appointed and may be removed by the city manager~-whe-~ha~-~epe~-eaeh-a~e~m~mem~-am~-~emeva~-~e-~he-ee~me~ or his designee. The council may by ordinance prescribe rules and regulations governing the residence or nonresidence of any or all members of the police department. Each member of the police department, both rank and file, shall have issued to him a warrant of appointment signed by the city manager, in which the date of his appointment shall be stated, and such warrant shall be his commission. Each member of the said department shall, before entering upon the duties of his office, take and subscribe an oath before the city clerk that he will faithfully without fear or favor perform the duties of his office, and such oath shall be filed with the city clerk and preserved with the records of his office. And in addition, the several officers of the said department shall, if so required by the council, give bond in 'such penalty and with such security as the council may by ordinance prescribe. No person except as otherwise provided by general law or by this Charter shall act as special police, special detective or other special police officer for any purpose whatsoever ex- cept upon written authority from the city manager. Such authority, when conferred, shall be exercised only under the direction and control of the superintendent or chief of police and for a specified time; provided, however, that the council may from time to time designate the maximum number of such special police, special detective or other special police officers. The officers and privates constituting the police department of said city shall be, and they are, hereby invested With all the power and authority which pertains to the office of constable at common law in taking cognizance of and in enforcing criminal laws of the state and the ordinances and regulations of said city, and it shall be the duty of each such officer and private to use his best endeavors to prevent the commission within the said city of offenses against the laws of said state, 'and against the ordinances and regulations of said city; to observe and enforce all such laws, ordinances and regulations; to detect and arrest offenders against the same; to preserve the good order of said city, and to secure the inhabitants thereof from violence and the property therein from injury. Such policeman shall have no power or authority in civil matters, but shall execute any criminal warrant or warrant of arrest that may be placed in his hands by any judge or municipal judge of the city, and shall make due return thereof. The manager shall prescribe the uniforms and badges for the members of the police department, and direct the manner in which the members of said department shall be armed. Any person other than a member of said department who shall wear such uniform or badge as may be prescribed as aforesaid, may be subjected to such fine or imprisonment, or both, as may be prescribed by the council by ordinance. Section 32. Fire department. The fire department shall be composed of a chief and such other officers, ~emem firefi~ht ~rs and employees as the council may determine. The fire chief shall have immediate direction and control of the said department, subject, however, to the supervision of the city manager, and to such rules and regulations and orders as the said city manager may prescribe. The city manager shall issue all orders, rules and regulations for the government of the whole department. The members of the fire department shall be appointed and removed by the city manager ~d-m~y-~e-~emeve~-by-~m--- or his designee. ~e-e~y-m~m~§e~-e~-m~e-~epe~-~e-e~me~ eg-eaeN-mppe~m~mem~-~m~-~eme~a~f-p~e~e~w-~eweve~w-~-~m'In case of riot, conflagration or emergency, the city manager or his designee may appoint additional ~emem firefi~hters and officers for the temporary service. The chief of the fire department and his assistants are authorized to exercise the powers of police officers while going to, attending or returning from any fire or alarm of fire. The fire chief and each of his assistants shall have issued to him a warrant of appointment signed by the city manager, in which the date of his appointment shall be stated, and such warrant shall be his commission. The city manager shall prescribe the uniform and badges for the members of the fire department. Whenever any building in said city shall be on fire it shall be lawful for the chief of the fire department to order and direct such building or any other building which he may deem hazardous and likely to communicate fire to other buildings, or any part of such buildings, to be pulled down or destroyed; and no action shall be maintained against said chief or any person acting under this authority or against the city therefor. But any person interested in the property so destroyed may within one year thereafter apply in writing to the council to assess and pay the damages he has sustained. The council may thereupon pay to the claimant such sum as may be agreed upon between him and the council. If no agreement be effected, such claimant may give to the city attorney of said city ten days' written notice of his'intention to apply to the circuit court of said city for the appointment of commissioners to ascertain and assess his said damage. Upon it appearing that notice has been given, the R~s~m§s-ge,~ circuit court of said city shall appoint five disinterested freeholders, residents of said city, any three or more of whom may act, for the purpose of ascertaining and assessing the amount of such damages. Thereupon the said commissioners shall proceed to ascertain and assess the amount of such damages in the same manner as is now or may hereafter be provided by law in the case of taking private property for public use, and the procedure upon the filing of the report of said commissioners shall conform as nearly as may be to the procedure under the statutes of Virginia relating to eminent domain. The council may establish, within the fire department, a rescue squad, emergency squad or first aid crew to aid the injured and ill. Section 52. Levy for taxes. Ail goods and chattels of any person a~ainst whom taxes for the city are assessed may be distrained ~§e~m~-w~em-~es and sold for said taxes when due and unpaid in the same manner and to the same extent that goods and chattels may be distrained and sold for State taxes. A tenant by whom payment is made or from whom payment is obtained, by distress or otherwise! of taxes or levies due the city, by a person under whom he holds, shall have credit for the same against such person out of the rents he may owe him, except when the tenant is bound to pay such taxes and levies by an express contract with such persons. And where taxes or levies are paid to the city by any fiduciary on any estate in his hands or for which he may be liable, such taxes and levies shall be refunded out of the said estate. 2. That the City Clerk is directed to transmit to each of the Members of the General Assembly of Virginia representing the City of Roanoke at the 1980 Session of the General Assembly a copy of this Resolution to be put into appropriate form, for introduction as a bill in said General Assembly, prepared to be enacted as an emergency measure. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24940. AN ORDINANCE permitting the vacating, discontinuing and closing of an alley which is more particularly described hereinafter. WHEREAS, Marsar Associates, has heretofore filed its application with the Council of the City of Roanoke, Virginia, in accordance with law requesting the Council to permanently vacate, discontinue, and close the aforesaid alley, which is more particularly described hereinafter; and WHEREAS, Marsar Associates did on November 27,'1979, duly and legally publish a notice of their application to the Council by posting a copy of the notice on the front door of the Court- house in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by affidavit of the City Sheriff appended to the application; and WHEREAS, more than ten (10) days having expired since the publication of the notice of the said application and in accordance with the prayers of the said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by Resolution No. 24861 referred the said application to the City Planning Commission, which after giving proper notice to all con- cerned and having a hearing at its regular meeting on the 7th of November, 1979, recommended that the requested alley closing be approved; and WHEREAS, Council did in its Resolution No. 24861 appoint viewers to view the said alley i and to report in writing whether or not in their opinion any inconvenience would result from formally! vacating, discontinuing and closing said alley; and WHEREAS, it appearing from the Report of the Viewers dated November 7, 1979, and filed with the City Clerk immediately thereafter, that no inconvenience would result to individuals or the public from vacating, discontinuing and permanently closing the hereinafter described alley; and WHEREAS, a public hearing was held on the said application before Council at its regular monthly meeting on December 10, 1979 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 the 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, Council considers that no inconvenience will result to individuals or to the public from permanently vacating, discontinuing and closing said alley. THEREFORE, BE IT ORDAINED by the Council of the City of ROanoke, Virginia, that said alley situate in the City of Roanoke, Virginia, and described as follows: Being all of that certain alleyway extending into Block 13, Official Survey, S. W. 3, which alley is bounded on the north by the southerly line of Lot 3, Official Survey S.W. 3; on the east by the westerly line of Lot 8, Official Survey, S. W. 3; on the south by the northerly line of Lot 8, Official Survey, S. W. 3; on the west by the easterly line of First St., S. W. be, and the same hereby is, permanently vacated, discontinued and closed as a public alley; and that all right and interest of the public in and to the same be, and the same hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving unto the City of Roanoke an easement for sewer lines and water mains and all other public utilities as may now be located across the said alley or portions thereof 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 abovedescribed alley. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on the said street and alley portions on all maps and plats on file in his office on which said street and alley portions, are shown, referring to the book and page of the Ordinances and the 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 in the Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Marsar ;ssociates, and in the name of any other party in interest who may so request, as Grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24941. AN ORDINANCE permanently vacating, discontinuing and closing an alley within Section 8 according to the Map of Ingleside Land Company. WHEREAS, Mary G. Paige, on the 22nd day of October, 1979, made application in writing to the Council of the City of Roanoke, Virginia, requesting said Council to permanently vacate, discontinue and close an alley within Section 8, according to the Map of Ingleside Land Company, after posting notice of the intended application at the Courthouse of the Circuit Court for the City of Roanoke, Virginia, and two other public places in said City more than ten (10) days prior to October 22, 1979, as required by law; and WHEREAS, as requested in said application, said Council did on October 22, 1979, appoint five viewers to view said alley within Section 8, according to Map of Ingleside Land Company, and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same; and WHEREAS, Council at its meeting October 22, 1979, referred said application to the City Planning Commission, which Commission, after due notice to the public, held a public meeting on the 7th day of November, 1979, and by a report dated December 10, 1979, duly filed with the Council, concurred in the request to vacate, discontinue and close said alley within Section 8, according to the Map of Ingleside Land Company; and WHEREAS, it appears from the report of said viewers filed with the City Clerk, that no inconvenience would result from discontinuing the alley which is the subject of Mary G. Paige's application; and WHEREAS, a public hearing was held before Council at its meeting on the 10th day of December, 1979, after due and timely notice thereof was published in the Roanoke Times & World-News, a newspaper published in the City of Roanoke, Virginia, at which meeting all parties in interest and citizens were afforded an opportunity to be heard; and WHEREAS, from all of the foregoing~ Council considers and finds that no inconvenience to the public or to any individual will result from permanently vacating and closing the alley within Section 8, according to the Map of Ingleside Land Company, and hereinafter described and said alley should be permanently closed as hereinafter provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the alley within Section 8, according to the Map of Ingleside Land Company, more particularly hereinafter described be, and it is hereby, vacated, discontinued and closed and that all right, title and interest of the public in and to the same be, and it is hereby, released and terminated insofar as the Council of the City of Roanoke is empowered so to do the City of Roanoke hereby expressly reserving an easement in said alley for any existing public utilities until such time as said public utilities are abandoned. The said alley vacated, discontinued and closed is more particularly described as follows: Ail that 10 foot alley 120 feet in length lying in Section 8, Map of Ingleside Land Company and bounded on the south by Harrison Avenue, N. W.; on the north by a 15 foot alley; on the east by Lot 9, Section 8; and on the west by Lot 8, Section 8, all according to the Map of Ingleside Land Company and Map No. 212 of the Official Tax Maps of the City of Roanoke. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed to mark "permanently vacated" on all maps 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 wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance, to be recorded as deeds are recorded and indexed in the name of the City of Roanoke, at the expense of the applicant; and, if requested by any party in interest, said Clerk shall make, certify and deliver additional copies hereof. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24942. AN ORDINANCE permanently vacating, discontinuing and closing (A) that'portion of 25th Street east of Colonial Avenue in the City of Roanoke, Virginia and specifically that portion which runs from Colonial Avenue in an easterly direction and dead ends at the State Highway Line for Interstate 581, and (B) a portion of the alley running North to South parallel to and between Colonial Avenue and Sanford Avenue and specifically that portion bounded on the West by Lots 10 through 14 and on the East by Lots 22 through 25, as shown on the Turner Map in the City of Roanoke, Virginia. WHEREAS, Chief Rentals has heretofore filed its petition before Council in accordance with Section 15.1-364 of the Code of Virginia of 1950, requesting Council to permanently vacate, discontinue and close the above described street and alley; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by Council on the 22nd day of October, 1979, to view the property and report in writing whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing said street and alley; and WHEREAS, it appears from the duly verified report from three (3) of said viewers, filed with the City Clerk on the 7th day of November, 1979, that no inconvenience would result from either to any individual or to the public from'permanently vacating, discontinuing and closing the said street and alley; and WHEREAS, it further appears that petitioner agrees to bear all expenses of this proceedingl and WHEREAS, it further appearing from a communication filed with the Clerk of the Council on the 10th day of December, 1979, that the City Planning Commission recommends the granting of the prayer of the petition, the City retaining all utilities; and WHEREAS, on the 10th day of December, 1979, a public hearing to consider the closing of said street herein requested was held before City Council, and no objection was heard from any citiz~ to the petition for closing. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia that (A) that portion of 25th Street East of Colonial Avenue in the City of Roanoke, Virginia, and specifically that portion which runs from Colonial Avenue in an Easterly direction and dead ends at the State Highway Line for Interstate 581; and (B) a portion of the alley running North to South parallel to and between Colonial Avenue and Sanford Avenue and specifically that portion bounded on the West by Lots 10 through 14 and on the East by Lots 22 through 25, as shown on the Turner Map in the City of Roanoke, Virginia, be, and they hereby are permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke and the public therein is hereby released insof~ as the Council is so empowered to do, reserving, however, unto the City of Roanoke, Virginia any and all public utility easements as may now be located across said property, together with the right of ingress and egress for the maintenance of such lines. BE IT FURTHER ORDAINED that the Clerk of this Council do forthwith certify to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a copy of this ordinance for recordation in the deed books of his office and a like copy to the City Engineer so that he may show on all maps in his office the closing of said street and alley. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24943. AN ORDINANCE permanently vacating an unused alley which adjOins the northerly boundary of Lots 7, 8, and 9, Block 2, Section 2, Map of Virginia Heights and the southerly boundary of Lots 1, 2, and 3, Block 2, Section 2, Map of Virginia Heights. WHEREAS, application has been made to the Council of the ~ity of Roanoke, Virginia, to vacate an unused alley which adjoins the northerly boundary of Lots 7, 8 and 9, Block 2, Section 2, Map of Virginia Heights, and the Council by Resolution No. 24872, dated October 22, 1979, appointed viewers to view the alley and to report to the Council; and WHEREAS, Messrs. Fred DeFelice, Harold W. Harris, Jr., and L. Elwood Norris, three of the viewers appointed, reported in writing that no inconvenience would result from the vacation, discontinuance and closing of the alley; and WHEREAS, the City Planning Commission has recommended that the alley be closed; and WHEREAS, at a public hearing on the question of the closing of the alley, held at the Council meeting on December 10, 1979, at 7:30 p.m., in the Council Chambers after due and timely notice published in a local newspaper, all parties in interest and citizens were given an opportunity to be~heard both for and against the proposed closing of the alley; and WHEREAS, the parties owning Lots 1, 2 and 3, Block 2, Section 2, Map of Virginia Heights which adjoin the alley, have submitted their written agreement, copy of which has been filed with the City Clerk, that the fee simple title to the entire alley should revert to Guy B. Merritt and Nellygean K. Merritt, the owners of Lots 7, 8 and 9, Block 2, Section 2, Map of Virginia Heights; and WHEREAS, the Council, after considering the evidence presented, believes that the alley should be vacated, discontinued and closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The alley lying in the City of Roanoke, Virginia, more particularly described as follows: The unused alley which adjoins the northerly boundary of Lots 7, 8 and 9, Block 2, Section 2, Map of Virginia Heights, and the southerly boundary of Lots 1, 2 and 3, Block 2, Section 2, Map of Virginia Heights, is hereby permanently VACATED as a public alley, and that all right, title and interest of the public in and to the alley as public thoroughfare of the City are terminated and released, and shall revert to Guy B. Merritt and Nellygean K. Merritt, husband and wife, as tenants by the entirety with right of survivorship as at common law; 2. The City Clerk shall deliver a certified copy of this Ordinance to the Clerk of the Circuit Court of the City of Roanoke, Virginia, who shall record the same at the expense of the applicants and index the same in the name of the City of Roanoke, as Grantor and in the names of Guy B. Merritt and Nellygean K. Merritt, as Grantees; and The City Clerk shall transmit to the City Engineer an additional certified copy of this Ordinance who shall make proper notation of the closing of the former alley on the records kept in his office. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24947. A RESOLUTION recognizing the meritorious service of the Honorable William S. Hubard, Member of City Council. WHEREAS, the Honorable William S. HUbard, who has faithfully served the City as a Member of this Council from May 22, 1972, until the present, has announced his resignation as a Member of this Council effective December 31, 1979, in order to accept an appointment from The Honorable John N. Dalton, Governor of Virginia, to the Local Government Commission; WHEREAS, during his tenure on Council, he sought to apply sound business principles to the operation of local government, encouraged innovative management and worked to insure the fiscal soundness of this City government, and while doing so, displayed personal characteristics of integrity, perceptiveness, innovativeness, tact, friendliness, and congeniality; and WHEREAS, Mr. Hubard gave unselfishly of his time and ability serving as Chairman of the Audit Committee of Council, a Committee he was instrumental in establishing and as Chairman of the Personnel Committee of Council, which recommended appointment of the present City Manager, City Attorney and Director of Finance, and as a member of the Water Resources Committee and numerous other committees o~ gouncii; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Council adopts this means of recognizing the very meritorious services rendered to the City of Roanoke and its people by the Honorable William S. Hubard; 2. That the City Clerk is directed to forward an attested copy of this resolution of commendation and appreciation to Mr. Hubard. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24948. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the Petition of Eleanor McDowell Webb to discontinue and close a certain alleyway, approximately 15 feet in width, being parallel to Fallon Park and Section 6, McDonald Addition, extending from the northerly side of what was formerly Campbell Avenue to the northerly side of 18th Street, S. E.; and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that said Petitioner did on December 7, 1979, duly and legally publish as required by Section 15.1-364 of the Code of Virginia of 1950, as amended, a notice of her application to be made this day to the Council of the City of Roanoke, Virginia, to close the hereinafter described alley, the publication of which was had by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), as provided by the aforesaid Section of the Virginia Code 1950, as amended, all of which is verified by an affidavit attached to the application addressed to the Council requesting that the hereinafter described alley be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described alley; and WHEREAS, the Petitioner has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described alley herein sought to be permanently vacated, discontinued and closed and report in writing, as required by Section 15.1-364 of the Code of Virginia 1950, as amended. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. Lee Mastin, Fred DeFelice, R. R. Quick, L.~ Elwood Norris, and George W. Overby, any three of whom may act, be appointed as viewers to view the following described alley, and report in writing, pursuant to the provisions of Section 15.1-364 of the Code of Virginia of 1950 as amended whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: BEING that certain alleyway approximately 15 feet in width, extending from the northerly side of what was formerly Campbell Avenue to the northerly side of 18th Street, S. E., which is bounded on the easterly side by Fallon Park and on the westerly side by Section Six (6), McDonald Addition as shown by Official City Tax Map #4212401, said alleyway being approximately 140 feet in length, more or less. BE IT FURTHER RESOLVED that the aforesaid Petition to permanently vacate, discontinue and close the aforesaid described alley be, and the said proposal is hereby, referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24949. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Capital Projects 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 1979-80 Capital Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Recreational Facilities #3400 (1) ..................... $ 123,617.50 Capital Improvement Reserve #6000 (2) ................. 3,388,000.00 (1) Net increase (A08342090001) (2) Net decrease (A08600172501) $20,000.00 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24950. A RESOLUTION requesting the.General Assembly to amend Section 15.1-364, Code of Virginia (1950), as amended, to eliminate the necessity of viewers being appointed to make recommendations on street and alley closings whenever a local governing body has delegated this responsibility to its local planning commission. WHEREAS, it is the practice of the Roanoke City Council to refer applications for street and alley closings to the City's Planning Commission for a public hearing and recommenda- tion prior to the Council considering the application; WHEREAS, the Planning Commission members in their deliberations view both the necessity for a street or an alley and the potential inconvenience to the public which would result from the closure of that street or alley, which are the same duties performed by the appointed viewers under present State law; WHEREAS, the Planning Commission has been advised by its Staff that many legitimate street or alley closure requests are never submitted due to the costs associated with the closure process; and WHEREAS, a substantial portion of the costs associated with a street or alley closure application is the fee to be paid to the required viewers to perform a function already being performed by members of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it does hereby request the General Assembly to adopt the attached bill which would permit local governing bodies to close streets and alleys after referring the application for the same to their local planning commissions for a public hearing and recommendation, without the necessity of viewers being appointed, as is now required by State law. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24952. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fringe Benefits #1810 (1 & 2) ......................... $4,962,006.00 (1) Net increase (A01181011017) (2) Net decrease (A01181011005) $11,280.00 11,280.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24953. AN ORDINANCE authorizing employment of Peat, Marwick, Mitchell & Co., to perform annual audits of the City's finances for each of the fiscal years ending June 30, 1980, 1981, 1982, 1983 and 1984, upon certain terms and conditions; and providing for an emergency. WHEREAS, the Council's Audit Committee, after inviting proposals from certain local firms of certified public accountants, has recommended that the services of Peat, Marwick, Mitchell & Co., be engaged under contract, for the purpose hereinafter provided, and has submitted to the Council a written proposal of that firm dated December 5, 1979, setting out the services proposed to be rendered and the compensation to be received therefor, a copy of which is on file in the Office of the City Clerk; and the Council considering the Committee report, concurs in the recommendation made therein; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be and is hereby authorized and directed for and on behalf of the City, to enter into written agreement, upon form approved by the City Attorney, with Peat, Marwick, Mitchell & Co., Certified Public Accountants, engaging the services of said firm to annually audit the financial records and accounts of the City for each of the fiscal years ending June 30, 1980, 1981, 1982, 1983 and 1984; 2. That 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 December 5, 1979; and 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24954. A RESOLUTION commending certain City employees for their work as part of a water and sewage refund task force. WHEREAS, twenty City employees from various departments participated in a water and sewage refund task force which in two and one-half weeks calculated the water and sewer charges on over four thousand accounts received from the Roanoke County Public Service Authority; WHEREAS, these employees were taken out of their normal work and trained in complicated calculations and worked with dedication, zeal and competence to enable the City to accomplish this mammoth task in a very short period of time; and WHEREAS, this Council desires to take special note of the efforts of this dedicated group of City employees; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Council adopts this means of commending and thanking the following City employees for their meritorious service: Name Department Marilyn Ashbrook Shelby J. Barbour Patricia Booze Debbie Caldwell Donna W. Chomicki Donald W. Hairfield Reggie Hale Barry Key Richard Lavinder Rachael R. Lawton Peggy A. Munton Charlotte Nash Barry C. Overstreet Lula M. Parker David R. Rickman Personnel Nursing Home Billings and Collections Management Services Human Resources Sewage Treatment Public Works City Manager City Manager Public Works Commissioner of Revenue Library Utility Line Facilities Airport Fire Prevention Steve M. Williams Donna L. Martin Trena Y. Hicks Water Water Meter Shop Personnel 2. That the City Clerk is directed to transmit copies of this resolution to the individual employees and to the Department of Personnel Management for inclusion in the personnel record of each employee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24955. A RESOLUTION urging the Virginia Historic Landmarks .Commission and the United States Department of the Interior to place the Crystal Spring Steam Pump House and its Snow steam pump on the Virginia Landmarks Register and the National Register, respectively. WHEREAS, there is pending before the Virginia Historic Landmarks Commission a proposal for inclusion of the Crystal Spring Pump House and its Snow steam pump in the City of Roanoke on the Virginia Landmarks Register; WHEREAS, inclusion on the Virginia Landmarks Register will result in the Historic Landmarks Commission's nominating the Crystal Spring Pump House and its Snow steam pump to the National Register of Historic Places maintained by the United States Department of the Interior; W~R~AS, the Crystal Spring Pump House and its Snow steam pump were completely restored during the Bicentennial celebration through considerable gifts of money, time and materials by interested citizens; and WHEREAS, the Roanoke Centennial Commission and the Roanoke Valley Historical Society have requested that this Council support the ~.nclusion of the ~u~.p house and its pump on the Virginia Landmarks Register and the National Register; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council is of the opinion that the Crystal Spring Pump House and its Snow steam pump in the City of Roanoke have considerable architectural, mechanical, natural and historic- al significance and are worthy of inclusion on the Virginia Landmarks Register and the National Register of Historic Places; 2. That this Council enthusiastically supports and urges inclusion of this facility on the Virginia Landmarks Register and the National Register of Historic Places; 3. That the City Clerk is directed to forward attested copies of this resolution to the Virginia Historic Landmarks Commission, the Roanoke Centennial Commission and the Roanoke Valley Historical Society. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1979. No. 24956. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund, Capital Projects Fund and Grant Program 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 1979-80 General Fund, Capital Projects Fund and Grant Programs Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Police #1345 (1 - 3) .................................. $3,846,663.95 Contingency Reserve #1880 (4) ......................... 499,984.05 CAPITAL PROJECTS FUND APPROPRIATIONS Recreational Facilities #3400 (5) ..................... 103,617.50 Capital Improvement Reserve #6000 (6) ................. 3,408,000.00 GRANT PROGRAMS FUND APPROPRIATIONS Curb and Gutter #6847-920 (7 - 10) .................... Fire Station No. 6 #6847-940 (11 - 14) ................ Fire Station No. 13 #6847-930 (15 - 18) ............... 250,000.00 539,081.00 411,477.00 (1) Net increase (A01134510002) (2) Net increase (A01134521005) (3) Net increase (A01134590005) (4) Net decrease (A01188072006) (5) Net increase (~3~.15~n~1) (6) Net decrease (A08600172501) (7) Net decrease (A35684792005) (8) Net decrease (A35684792015) (9) Net decrease (A35684792020) (10) Net increase (A35684792025) (11) Net decrease (A35684794005) (12) Net decrease (A35684794010) (13) Net decrease (A35684794020) (14) Net increase (A35684794025) (15) Net decrease (A35684793005) (16) Net decrease (A35684793010) (17) Net decrease (A35684793020) (18) Net increase (A35684793025) $46,000.00 750.00 4,600.00 51,350.00 20,000.00 168.60 521.77 1,500.00 2,190.37 3,724.89 1,000.00 18,093.89 22,818.78 3,124.89 1,000.00 16,550.45 20,675.34 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1980. No. 24951. AN ORDINANCE amending and reordaining Article VI, Stopping~ Standing and Parking, containing Sections 81 through 101, and Section 151, and Section 156 through and including Section 161 of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1956), as amended, to provide for a system of updated and uniform parking regulation and regulations providing foc the impoundment of motor vehicles and the disposition of abandoned vehicles. BE IT ORDAINED by the Council of the City of Roanoke as follows: That Article VI, Stopping, Standing and Parking, containing Sections 81 through 101, and Section 151, and Section 156 through and including Section 161 of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1956), as amended, be amended and reordained in five divisions to read and provide as follows: ARTICLE VI.1 STOPPING, STANDING AND PARKING DIVISION 1. Generally Section 81.1. Parking prohibited in specified places. No person shall park or leave standing a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (a) On a sidewalk or pedestrian crosswalk or safety zone; (b) On a highway or street in front of a public or private driveway; (c) Within an intersection; (d) Within fifteen (15) feet of a fire hydrant, whether on public or private property, or the entrance to a fire station or the en- trance to a building housing rescue sauad equipment or ambulances provided that such buildings are plainly designated as such; (e) Within twenty (20) feet of an intersection of curb lines, or, if no curb, then within fifteen (15) feet of the intersection of property lines at an intersection of highways; (f) On the roadway side of and parallel to any vehicle parked at the edge or curb of a street; (g) Any location upon a street or highway where the orderly and lawful passage of other traffic will be blocked or obstructed; (h) Within a designated loading zone, except for the immediate and continuous loading or unloading of passengers or materials to or from such vehicles within permitted time periods as posted; (i) Within a designated bus stop or taxi stand; (j) On the approaches to, or upon any bridge, viaduct, or railroad crossing; (k) Any parking space reserved for the handicapped on a public street, unless a special vehicle parking permit for transmitting handicapped persons issued pursuant to Section 46.1-254.2, Code of Virginia (1950), as amended, is displayed in the window of the vehicle; (1) Within five hundred (500) feet of where any fire apparatus has stopped in answer to a fire alarm; (m) In front of the entrance of any church, theatre, public building or other place where audiences are assembled, during the hours of service, entertain- ment or performance, or when otherwise occupied by the public, except when parked in accordance with official signs or in a parking meter space, or during marriage ceremonies or funerals, when parking in front of the entrance to a church will be permitted; (n) At any location where, at the time, parking, standing, or stopping is prohibited and official signs or other markers to that effect have been erected or installed and are clearly visible to an ordinarily observant person. Section 81.2. Stopping on streets and highways - generally. (a) No vehicle shall be stopped on a highway or street except close to and parallel to the right-hand edge of the curb or roadway, except: (1) in an emergency; (2) to allow another vehicle or a pedestrian to cross in front; (3) when a vehicle is stopped close to and parallel to the left-hand curb or edge of the roadway on one-way streets where such stopping is not otherwise prohibited; (4) when otherwise indicated by signs. (b) No vehicle shall be stopped in such manner as to impede or render dangerous the use of the highway or street by others, except in the case of an emergency as the result of an accident or mechanical breakdown, in which case the emergency flashing lights of such vehicle shall be turned on if the vehicle is equipped with such lights and such lights are operating, and a report shall be made to the nearest police officer as soon as practicable and the vehicle shall be removed from the roadway to the shoulder as soon as possible and removed from the shoulder without unnecessary delay; and, if said vehicle is not promptly removed, such removal may also be ordered by a police officer at the expense of the owner if the disabled vehicle creates a traffic hazard. Whenever a vehicle involved in an accident is found upon a street or highway and is so located as to impede the orderly flow of traffic, the police may at no cost to the owner or operator remove such vehicle to some point in the vicinity where it will not impede the flow of traffic. (c) No vehicle shall be stopped at or in the vicinity of a fire, vehicle or airplane accident or other area of emergency, in such a manner as to create a traffic hazard or interfere with the necessary procedures of ~olice, fire fi~hter~, rescue workers or others whose duty it is to deal with such emergencies. Any vehicle found unlawfully parked in the vicinity of such fire, accident or area of emergency may be removed by order of a police officer at the risk and expense, not to exceed twenty-five ($25.00), of the owner if such vehicle creates a traffic hazard or interferes with the necessary procedures of police, fire fighters, rescue workers or others whose assigned duty it is to deal with such emer- gencies. Vehicles being used by accredited information services, such as press, radio and television, when being used for the gathering of news, shall be exempt from the provisions of this section, except when actually obstructing the police, fire fighters and rescue workers dealing with such emergencies. The provisions of this section shall not apply to any vehicle owned or controlled by the Commonwealth of Virginia, Department of Highways and Transportation, or City vehicles while actually engaged in the construction, reconstruction or maintenance of highways. (d) No vehicle may be stopped at any time upon any street or highways for the purpose of advertising any vehicle of any kind, or displaying thereupon advertisements of any article, or advertisement for sale of the vehicle itself. Section 81.3. Parking on streets and highways - generally. (a) Vehicles shall be parked with the rear wheels no further than twelve (12) inches from the curb. (b) Vehicles shall be parked no less than four (4) feet apart when parked parallel to a curb or roadway. (c) No vehicle shall be backed up to a curb, except during the time actually engaged in loading or unloading materials therefrom; provided, however, that this subsection shall not apply to vehicles in any market space from which produce is being sold and for which a regular market curb fee has been paid. (d) No vehicle shall be parked and left standing on any highway for more than forty-eight (48) consecutive hours. (e) No owner, operator or other person driving or in charge of a vehicle shall cause or knowingly permit it to stand unattended on any street or high way or public place with the ignition key left in the ignition lock, switch or system of such car or with the ignition system of such car in an unlocked position. Section 81.4. Time limitations on parking. Whenever parking is limited to a specified length of time by this Chapter or by rule or regulation of the City Manager pursuant to Section 14 of this Chapter on certain streets and highways of the City, and such limitation has been duly posted by signs or markers erected on such streets so as to be clearly visible to a reasonably observant person, it shall be unlawful for any person to park a vehicle or allow the same to remain standing or stopped at any such place for a period of time in excess of that indicated on such sign or marker. This section shall not be construed to apply to any parking space at which the right of parking, at such time, is regulated, controlled or limited by a parking meter. Section 81.5. Parking regulations on property of Virginia Western Community College. (a) It shall be unlawful for any person to park any vehicle, whether attended or unattended, in any area not within designated parking areas within the legal boundaries of the property of Virginia Western Community College, situate on both sides of Colonial Avenue, S.W., in the City, such parking areas to be those designated by the governing authorities or authorized administrative officials of such college by the posting of adequate signs or other markings in such manner as to give reasonable notice; or to park any vehicle in any area of said property designated by adequate signs or other markings as a "No Parking" area. (b) It shall be unlawful for any person to park a vehicle in any area within the aforesaid college property designated as a specific area reserved for and limited to parking use by faculty, staff, employee, student, visitor or other classification, unless a proper sticker or decal provided by the college administration be affixed to such vehicle so designating the specific parking area applicable to such vehicle. (c) It shall be unlawful for any person to park a vehicle unattended within the legal boundaries of the aforesaid north or south campus college property for a period in excess of twelve (12) hours duration without prior consent of the college administration. (d) The provisions of this section may be enforced by persons appointed as conservators of the peace under the provisions of Section 19.2-13, Code of Virginia (1950), as amended. (e) This section is enacted pursuant to the provisions contained in Section 15.1-516, Code of Virginia (1950), as amended. The placing and maintenance of all signs and other such markings shall be the responsibility of the college and, likewise, the primary responsibility for enforcement of the provisions of this section shall rest upon the authorities of said col- lege and by conservators of the peace appointed for said college pursuant to the provisions of Section 19.2-13 of the aforesaid Code of Virginia. Section 81.6. Parking after snowfall in certain areas. When any of the streets within the area bounded on the west by Third Street, S.W., on the east by Second Street, S.E., on the north by the Norfolk and Western Railway's main line and on the south by Franklin Road and Tazewell Avenue are so marked the parking of cars and all vehicles thereon is hereby prohibited in case of snowfall in excess of five (5) inches until the said streets are cleared of snow. Section 81.7. Parking of commercial trucks. No commercial truck shall be parked or left standing on any street or alley located in a residential district in the City for more than two (2) hours at any time, except when actually engaged in loading or unloading merchandise; provided, however, that trucks belonging to and used by the occu- pant of a business premises located in a residential district shall be permitted to stand in front of the business premises actually occupied by the owner of said truck; provided, further, that the owner of any truck while actually engaged in work on the premises shall be permitted to have his truck stand in front of said premises; provided further that the provisions of this section shall not apply to trucks used in street construction work and street maintenance. Section 81.8. Parking on highway. No person shall leave standing any vehicle, attended or unattended, upon the paved, improved or main traveled portion of any highway, outside of a business or residential district, when it is practicable to leave such vehicle standing off the paved, improved or main traveled portion of such highway. Section 81.9. Lights on parked vehicles. Whenever a vehicle is parked or stopped upon a highway, whether attended or unattended, during the period from one-half hour after sunset to a half-hour before sunrise, there shall be displayed upon such vehicle one or more lamps projecting a white or amber light visible from a distance of five hundred (500) feet to the front of the vehicle and a projecting red light visible under like conditions from a distance of five hundred (500) feet to the rear, except that no lights need be displayed upon any such vehicle when parked on such streets of the City, or portions thereof, as may be lighted; provided, however, that after such lights are turned off, parking without lights shall be prohibited. No lights need be displayed upon any such vehicle when parked upon any highway where there is sufficient light to reveal any persons within a distance of two hundred (200) feet upon such highway. DIVISION 2. Parking Meters Section 81.10. Parking meter zones. The parking meter zones heretofore established in the City and in effect upon the passage of this section are hereby approved and ratified by the City Council, and the operation, supervision and use thereof are expressly made subject to the provisions of this division. The City Manager may, from time to time hereafter, upon any streets or parts of streets or other public places in the City where conditions so require, establish parking meter zones wherein the parking of vehicles may be controlled by coin-operated parking meters during any period from 8:00 a.m. to 6:00 p.m., each day except Saturdays, Sundays and upon New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day holidays or the Monday next following any such holiday should it fall on a Sunday. Individual parking spaces shall be designated within said zones by lines or markings on the street or curb or by signs or markers erected along said street or curb, or other public place. The privilege of parking vehicles in parking meter zones so established shall, by signs or markers placed on said parking meters, be limited to the period of time established by the City Manager for the particular zone. Zones may be established setting the period of legal parking from 1/4 to 1 hour, 1/4 to 2 hours, or 1/4 to 5 hours, in the discretion of the City Manager. The City Manager is authorized to set apart, within the parking meter zones provided for herein, spaces for loading zones, bus stops, taxi stands and other places in which no parking shall be permitted. Section 81.11. Installation and operation of parking meters; time limits; rates In the parking meter zones established pursuant to the preceding section, the City Manager is hereby authorized to provide for the installation or placing of parking meters and the regulation, control, operation and use thereof. Such parkin~ ~eters shall be placed upon the curb alongside of or next to individual parking spaces. Each parking meter shall be installed and set to display, upon deposit of a proper coin of the United States of America, a signal indicating the legal parking time for the time alloted for such coin in the parking zone in which the meter is located. Each meter shall be so arranged that upon expiration of such parking limit, or the portion thereof for which the necessary coin or coins were deposited, it will indicate by mechan- ical operation and proper signal that the lawful parking period has expired. The City Manager is authorized to have installed parking meters which operate at the following rates: In 1/4 to 1 hour parking zones meters shall be of the type operated by the insertion of 1 to 4 nickels, i to 2 dimes or 1 quarter, permitting 1/4, 1/2, 3/4, or 1 hour of legal parking, respectively; in 1/4 to 2 hour parking zones, meters shall be operated by the insertion of 1 to 8 nickels, 1 to 4 dimes, or 1 to 2 quarters permitting 1/4, 1/2, 3/4, 1, 1 1/4, 1 1/2, 1 3/4, or 2 hours of legal parking, respectively; and in 1/4 to 5 hour parking zones meters shall be of a type operated by the insertion of 1 to 20 nickels, 1 to 10 dimes, or 1 to 5 quarters, permitting 1/4 to 5 hours of legal parking, respectively. In 1/4 to 1 hour parking zones, in 1/4 to 2 hour parking zones, and 1/4 to 5 hour parking zones, the City Manager may provide for the installation of parking meters capable of accepting nickels, dimes, and quarters, provided that the rate of 5 cents per 1/4 hour of parking, set out in the preceding paragraph for the last mentioned parking zones, shall be maintained. Section 81.12. How parking meters and space to be used; overtime parking. When any vehicle is parked in any parking meter space, the operator of such vehicle upon entering the space shall immediately deposit or cause to be deposited in the meter adjacent thereto one or more coins of the United States of America of a denomination or denominations sufficent to operate the meter for the legal period of parking established for such parking space, and the parking space may then be used for the established time limit. It shall be unlawful for any person to permit a vehicle to remain or to be parked in any parking meter space adjacent to any parking meter installed pursuant to the provisions of this division while such meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period of time prescribed for such parking space. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his name, or operated by him, to be parked overtime or beyond the period of legal parking time established for any parking meter zone. Section 81.13. Manner of parking vehicles at spaces with meters. Any vehicle parked in any parking space shall be parked with the hood of such vehicle alongside of or next to the parking meter alongside of such parking space and within the lines marked on the street for such parking space. Section 81.14. Exemptions from certain requirements of parking meter regulations. (a) During actual and continuous loading and unloading of delivery vehicles, the operators of such vehicles shall be exempt from the provisions of Section 81.12 of this Chapter. (b) The operator of any vehicle owned by the State or the United States of America, while engaged in governmental activity, may park such vehicles for a period not to exceed fifteen (15) minutes without being subject to the provisions of Section 81.12 of this Chapter. (c) Any operator who displays in the window of his vehicle a special vehicle parking permit for handicapped persons issued pursuant to Section 46.1-254.2, Code of Virginia (1950), as amended, may park such vehicle for an unlimited period of time in parking zones otherwise restricted as to length of parking time permitted and shall be exempt from paying parking meter fees. Section 81.15. Use of slugs, etc. It shall be unlawful and a misdemeanor to deposit or cause to be deposited in any parking meter, any slug, device or metallic substitute for a coin of the United States of America. Section 81.16. Injurin~ or tamperin~ with meters. It shall be unlawful and a misdemeanor for any person to deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter installed under the terms of the sections of this division. Section 81.17. Effect of this division on other parkin~ regulations. Nothing in the sections of this division shall alter or affect any of the provisions of this Code or any other existing ordinance,rule or regulation, or any ordinance, rule or regulation hereafter adopted regulating traffic or parking on any other street, alley, lane or highway within the City, other than those included within the parking meter zones established pursuant to this division. DIVISION 3. Duties of Police Officers; Penalties for Unlawful Parking. Section 81.18. Duties of police officers. Each police officer charged by the City with the duty of enforcing the sections of the preceding two divisions of this Chapter shall, upon finding a violation thereof, take the State license number of any vehicle in violation, the number of the parking meter if a violation of a parking meter regulation, and the length of time during which such vehicle is parked in violation of a provision of this Chapter, and report the same to the Police Department and make a proper complaint touching such violation. Each such officer shall attach to such vehicle a written notice, upon form approved by the City Manager, to the owner or operator thereof that the vehicle has been parked in violation of a specific provision of a section of the preceding two divisions of this Chapter. Such notice shall instruct the owner or operator when and where to report with reference to the violation. Section 81.19. Penalties for unlawful parking. (a) It shall be unlawful and shall constitute a traffic infraction, unless otherwise designated as a misdemeanor, for any person to violate any of the provisions of the preceding two 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 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's Office of Billings and Collections during its regular working hours or through any other method established by the City Council for the routine payment of such penalties. Penalties for traffic infractions shall be as follows: (i) A penalty of one dollar ($1.00) may be paid for a violation of Section 81.5, 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 sent pursuant to Section 46.1-179.01, Code of Virginia (1950), as amended, from the City, 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 six dollars ($6.00) within five (5) days of receipt of such notice. (ii) A penalty of two dollars ($2.00) may be paid for a violation of Sections 81.4 or 81.12, 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 seven dollars ($7.00) within five (5) days of receipt of such notice. (iii) A penalty of five dollars ($5.00) may be paid for a violation of Sections 81.1, 81.2, 81.3, 81.6, 81.7, 81.8, 81.9, 81.13 or 81.14, 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, which- ever 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. (c) If a violator does not pay the penalty provided for above within five (5) days of receipt of a notice sent pursuant to Section 46.1-179.01, Code of Virginia (1950), as amended, the Clerk of the General District Court and the officer responsible for issuing parking summons shall be notified of the failure to pay such penalty, in order that a summons be issued. (d) In the event that the City's Office of Billings and Collections is ad- vised that any person desires to contest any parking citation, said Office shall certify such fact, in writing, in an appropriate form, to the Clerk of the General District Court. (e) Every person tried and convicted of a violation of Section 81.5 shall be fined not less than two dollars and fifty cents ($2.50) 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. (f) Every person tried and convicted of a violation of any section of the preceding two divisions of this Chapter, except Section 81.5, shall be fined not more than one hundred dollars ($1~0.0G), ~nich fine shall be imposed in addition to the other penalties set forth above, which shall also be paid upon conviction. Division 4. Removal of Hazardous or Illegally Parked Vehicles. Section 81.20 Impoundment authorized. The Chief of Police or any police officer appointed by him is hereby authorized and directed to remove or cause to be removed under his direction, under any of the following circumstances, any vehicle from any street or public ground to the City Garage or other City-owned property, or any other place of storage designated by the City Manager and to be there held for safekeeping by and under the direction of the Police Department of the City as hereinafter provided: (a) When any vehicle is found on the streets or public grounds of the City unattended by the owner or operator and such vehicle constitutes a hazard to traffic. (b) When any vehicle is parked in such manner as to be in violation of law. (c) When any vehicle or part thereof is left unattended for more than ten (10) days upon any public or private property other than the property of the owner of such vehicle or is abandoned upon such privately owned property without the permission of the owner, lessee or occupant thereof. No such vehicle shall be removed from privately owned premises without the written request of the owner, lessee or occupant thereof. Such request for removal shall contain a statement of the facts and circumstances surrounding the unattended or abandoned vehicle, and such facts shall be verified by an affidavit appended to the request for removal. Any person at whose request such vehicle is removed from privately owned property shall indemnify the City against any loss or expense incurred by reason of removal, storage or sale. For the purposes of this division, it shall be presumed that a vehicle is abandoned if (1) it lacks either: (a) a current license plate or, (b) a current county, city or town plate or sticker, or (c) a valid state in- spection certificate or sticker and (2) it has been in a specific location for ten (10) days without being moved. Section 81.21. Officer's report of removal; notice to owner of impounding. The officer removing, or causing the removal of any vehicle under the preceding section shall immediately make a written report thereof to the Chief of Police setting forth the date, time and place of and the reason for such removal and the license number of the motor vehicle removed. As promptly as possible after the removal of any such vehicle unless the same has been sooner released, the Chief of Police shall notify in writing the owner of record of such vehicle, if known, that such vehicle has been impounded. Section 81.22. Manner of redeemin~ impounded vehicles; costs. (a) Subject to the provisions contained in subsection (b) of this section, before the owner or person entitled to the possession of an impounded vehicle shall be permitted to remove the same from the custody of the Police Department, wherever stored, he shall furnish evidence of his identity and right to possession of such vehicle, shall sign a receipt therefor, and shall pay said Department a fee of twenty dollars ($20.00) if the vehicle was towed between the hours of 6:00 a.m. and 6:00 p.m., and twenty-five dollars ($25.00) if the vehicle was towed between the hours of 6:00 p.m. and 6:00 a.m., and, if a dolley was used in such towing, an additional fee of five dollars ($5.00) to cover the cost of removal and the storage thereof for any period not exceeding twenty-four (24) hours. When such owner, or person in possession of such vehicle shall allow the same to remain in storage in excess of twenty-four (24) hours, he shall pay the operator of such approved place of storage, or to the City should the same have been stored on City-owned property, a charge of two dollars and fifty cents ($2.50) per day for additional time of storage. The costs of such towing and storage shall constitute a lien on the vehicle so towed or impounded, and the City and/or the operator of such approved place of storage are authorized to retain possession of such vehicle until such charges are paid. (b) No fee for removal or storage, as described in subsection (a) of this section, shall be charged to or required to be paid by the owner or person entitled to possession of any vehicle caused to be removed from any public highway or public grounds and impounded by a police officer, acting pursuant to the provisions of Section 81.20, or, if paid such fee shall be refunded if, (a) at the time of such removal and impoundment, such vehicle shall have been stolen from its owner or the person then entitled to possession thereof and no unlawful or unauthorized act or omission of such owner or lawful possessor shall have caused or contributed to the cause for such removal and impoundment, and (b) if such owner or person, then claiming the right of redemption and possession of such vehicle shall obtain from the Chief of Police, a judge, the Commonwealth's Attorney or the senior police officer on duty in the absence from police headquarters of the Chief of Police, a statement in writing certifying, from knowledge or on the basis of the best information then available, such vehicle or other object to have been the subject of theft or of unauthorized use or possession at the time of such removal and the claimant named in the certificate to be entitled to possession thereof without payment of the costs of removal and impoundment provided in Subsection (a) of this section. Section 81.23. Payment of removal costs not to be released from other violations, etc. The payment of any removal or storage charge as provided for in the preceding section shall not release the owner or operator of such vehicle from any charge arising out of the violation of any of the provisions of this Code or other law or of any other ordinance or regulation of the City violated by him, or from the payment of any fine or penalty which may be otherwise lawfully imposed for such violation. Section 81.24. Sale of impounded vehicles. Should the owner of any vehicle fail or refuse to pay the charges and costs set forth in this division or should the indentity or whereabouts of such owner be unknown or unascertainable after a diligent search has been made and after notice to such owner at his last known address and the holder of any lien of record in the office of the Division of Motor Vehicles in Virginia against such vehicle, the Chief of Police may, after holding such vehicle sixty (60) days, and after due notice of sale, dispose of the same at public sale and the proceeds of such sale shall be forwarded by him to the City Treasurer; provided, that if the value of such vehicle is determined by three (3) disinterested dealers or garagemen to be less than fifty dollars ($50.00) which would be incurred by such advertising and public sale it may be disposed of by private sale or junked. The City Treasurer shall pay from the proceeds of sale the cost of removal, storage, investigation as to ownership and liens and notice of sale; and the balance of such funds shall be held by him for the owner and paid to the owner upon satisfactory proof of ownership. If no claim has been made by the owner of the proceeds of such sale, after the payment of the abovementioned cost of fifty dollars ($50.00), the funds shall be deposited in a special fund of the City. Any such owner shall be entitled to apply to the City within three (3) years from the date of such sale and if timely application is made therefor, the City shall pay the same to the owner without interest or other charges. If unclaimed after three (3) years, the funds shall be transferred to the general fund of the City. No claim shall be made nor shall any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of such sale. Section 81.25. Any personal property found in any unattended or abandoned vehicle may be sold incident to the sale of any such vehicle as authorized in this division. Division 5. Abandoned Vehicles. Section 81.26. Definitions. As used in this division: Abandoned motor vehicle means a motor vehicle, trailer or semitrailer or part thereof that: (a) Is inoperable and is left unattended on public property for more than forty-eight (48) hours, or (b) Has remained illegally on public property for a period of more than forty-eight (48) hours, or (c) Has remained without consent on private property, including but not limited to any commercial parking place, motor vehicle storage facility, or establish- ment for the service, repair, maintenance or sale of motor vehicles, whether or not such vehicle was brought onto or left at such property with or without the consent of the owner or person in control of the property for more than forty-eight (48) hours. Demolisher means any person whose business is to convert vehicles into processed scrap or scrap metal or otherwise to wreck, or dismantle such vehicles. Section 81.27. Abandoned vehicles may be taken into custody. The City, acting through the Chief of Police, may take into custody any abandoned motor vehicle. In such connection, the City may employ its own personnel, equipment and facilities or hire persons, equipment and facilities or firms or corporations who shall be independent contractors for the purpose of removing, preserving and storing abandoned motor vehicles. Section 81.28. Notice to owner of vehicle taken into custody. (a) If the Chief of Police takes into custody an abandoned motor vehicle, he shall notify, within fifteen (15) days thereof, by registered or certified mail, return receipt requested, the owner of record of the motor vehicle ~ and all persons having security interests therein of record, that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial number of the abandoned vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any persons having security interests of their right to reclaim the vehicle within three (3) weeks after the date of the notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or persons having security interests to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner, and all persons having any security interests, of all right, title and interest in the vehicle, and consent to the sale of the abandoned vehicle at public auction. (b) If the records of the Division of Motor Vehicles contain no address for the owner or no address of any person shown by such records to have a security interest, or if the identity and addresses of the owner and all persons having security interests cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this division as to any person who cannot be notified pursuant to the provisions of subsection (a) of this section. Such notice by publication may contain multiple listings of abandoned vehicles. Any such notice shall be within the time requirements prescribed for notice by mail and shall have the same contents required for a notice by mail. (c) The consequences and the fact of failure to reclaim an abandoned motor vehicle shall be as set forth in a notice given in accordance with and pursuant to this section. Section 81.29. Sale of vehicle at public auction; disposition of proceeds. If an abandoned vehicle has not been reclaimed as provided for in Section 81.28, the City, or its authorized agent, shall notwithstanding the provisions of Section 46.1-88, Code of Virginia (1950), as amended, sell the abandoned motor vehicle at public auction. The purchaser of the vehicle shall take title to the vehicle free and clear of all liens and claims of ownership of others, shall receive a sales receipt at the auction and shall be entitled to, upon application therefor pursuant to Section 46.1-68, Code of Virginia (1950), as amended, a certificate of title and registration card therefor. The sales receipt at such sale shall be sufficient title only for purposes of transfering the vehicle to a demolisher for demolition, wrecking or dimantling, and, in such case, no further titling of the vehicle shall be necessary. From the proceeds of the sale of an vehicle which resulted from placing the abandoned vehicle in custody, and all notice and publication costs incurred pursuant to Section 81.2. Any remainder from the proceeds of sale shall be held for the owner of the abandoned vehicle or any person having security interests therein as their interests may appear, for ninety (90) days, and then shall be deposited into the treasury of the City. Section 81.30. Vehicles abandoned in ~ara~es. Any vehicle left for more than ten (10) days in a garage operated for commercial purposes after notice by registered or certified mail, return receipt requested, to the owner to pick up the vehicle, or for more than ten (10) days after the period when, pursuant to contract, the vehicle was to remain on the premises, shall be deemed an abandoned vehicle and may be reported by the garagekeeper to the City. Ail abandoned vehicles left in garages may be taken into custody by the City in accordance with Section 81.27 and shall be subject to the notice and sale provisions contained in Sections 81.28 and 81.29, provided that if such vehicle is reclaimed in accordance with Section 81.28, the person reclaiming such vehicle shall, in addition to the other charges required to be paid, pay the charges of the garagekeeper, if any; provided further that if such vehicle is sold pursuant to Section 46.1-555.5, Code of Virginia (1950), as amended, the garagekeeper's charges, if any, shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction, the costs of towing, preserving and storing such vehicle which resulted from placing such vehicle in custody and all notice and publication costs incurred pursuant to Section 81.28. Except as otherwise provided in this division, nothing herein shall be construed to limit or restrict any rights conferred upon any person under Section 43-32 through Section 43-36, Code of Virginia (1950), as amended. For the purposes of this section, "garagekeeper" means any operator of a parking place, vehicle storage facility, or establishment for the servicing, repair or maintenance of vehicles. Section 81.31. Disposition of inoperable abandoned vehicles. Notwithstanding any other provisions of this chapter, any vehicle or part thereof found on the streets or public grounds of the City which is inoperable and which, by virtue of its condition, cannot be feasibly restored to operable condition, may be disposed of to a demolisher, without the title and without the notification procedures. The demolisher, upon taking custody of such vehicle shall notify the Division of Motor Vehicles, on forms and in the manner prescribed by the commissioner and notwithstanding any other provisions of law, no other report or notice shall be required in such instance. Section 81.32. Surrender of certificate of title, etc., where motor vehicle acquired for demoli- tion; records to be kept by demolisher. (a) Any demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling or demolition shall not be required to obtain a certificate of title for such vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a vehicle, the demolisher shall surrender to the Division of Motor Vehicles for cancellation the certificate of title or sales receipt therefor. (b) A demolisher shall keep an accurate and complete record of all vehicles purchased or received by him in the course of his business. These records shall contain the name and address of the person from who each such vehicle was purchased or received and the date when such purchases or receipts occurred. Such records shall be open for inspection by the Chief of Police at any time during normal business hours. Section 81.33. Whenever an abandoned, inoperable vehicle is disposed of by the City pursuant to Section 81.31, the Chief of Police shall certify such to the Division of Motor Vehicles pursuant to Section 46.1-555.9, Code of Virginia (1950), as amended. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1980. No. 24957. A RESOLUTION authorizing the City Manager to notify the Virginia Housing Development Authority that the City Council has no objection to the construction of South Roanoke Village Apartments, Phase II. BE IT RESOLVED that the Council of the City of Roanoke hereby authorizes the City Manager to notify the Virginia Housing Development Authority in accordance with Section 36-55.39, Code of Virginia (1950), as amended, that the City Council has no objection to the construction in the City of a project to be known as South Roanoke Village Apartments, Phase II, as more particularly described in a report to the Council from the City Manager dated January 7, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1980. No. 24958. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Sewage Treatment Fund Appropriations Ordinance, and providing for an emergency. WHEREAS, for the usual daily oReration of the Municipal Government of the City of Roanoke, an emergency is declared to exist. ~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1979-80 Sewage Treatment Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sewage Treatment Fund (1 & 2) ....................... $10,401,365.00 (1) Net increase (A03200325505) (2) Net decrease (A03200325515) $29,476.33 29,476.33 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1980. No. 24959. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordainE to read as follows, in part: APPROPRIATIONS Parks Study (H.C.R.S.) #6250 (1) ............................ $45,000.00 REVENUE Parks Study (H.C.R.S.) #6250 (2) ........................... $45,000.00 (1) Net increase (A35625095001) $45,000.00 (2) Net increase (R35625021) 45,000.00 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 January, 1980. No. 24960. A RESOLUTION authorizing the acceptance of a grant from the United States Department of the Interior for the preparation of a parks and recreation plan for the City, and authorizing the provision of certain information and the filing of certain documents relating thereto. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the offer made by the United States Department of the Interior Heritage Conservation and Recreation Service of a grant award of $45,000.00 to the City of Roanoke as matching funds for the preparation of a comprehensive parks and recreation plan under the Urban Parks and Recreation Recovery (UPARR) program; 2. That H. B. Ewert, City Manager, be and he is hereby authorized to execute and file on behalf of the City with the Department of the Interior any documents relating to the acceptance of the aforesaid grant or the implementation of the study to be financed with the said grant; and 3. That the City ~anager is further directed to furnish such additional information as may be required by the Department of the Interior in connection with the City's acceptance of the aforesaid grant or study. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1980. No. 24961. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title XX Services #1540 (1 - 6). .......................... $221,293.08 REVENUE Title XX Receipts (7) .................................... 221,293.08 7O (1) Net increase (A01154020060) (2) Net increase (A01154020061) (3) Net increase (A01154020063) (4) Net increase (A01154020066) (5) Net increase (A01154020067) (6) Net increase (A01154020068) (7) Net increase (R01100301) $13,627.49 1,374.55 11,550.00 26,956.25 375.04 12,581.82 66,465.15 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1980. No. 24962. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordainE to read as follows, in part: APPROPRIATIONS Program Agent Title II-D #7876 (1-7) ......................... $147,191.94 Program Agent Title VI #7881 (8-16) .......................... 272,235.68 REVEb~E Department of Labor #7800 (17) ........................ $26,396,379.38 (1) Net increase (A35787610001) (2) Net increase (A35787610002) (3) Net increase (A35787611017) (4) Net increase (A35787611029) (5) Net increase (A35787620031) (6) Net increase (A35787621005) (7) Net increase (A35787630005) (8) Net increase (A35788110001) (9) Net increase (A35788110002) (10) Net increase (A35788110011) (11) Net increase (A35788111017) (12) Net increase (A35788111029) (13) Net increase (A35788111030) (14) Net increase (A35788120031) (15) Net increase (A35788121005) (16) Net increase (A35788130005) (17) Net increase (R35780202) $ 3,073.65 59,234.13 588.57 10,448.10 167.29 50.00 19.23 5,332.90 30,833.34 77,951.79 939.21 5,482.16 15,047.94 255.39 87.92 202.19 209,713.81 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 January, 1980. No. 24963. A RESOLUTION providing the consent of the City of Roanoke to an assignment of the leasehol~ interest, but not the obligations, of Builders Investment Group, arising from a lease between the City and Builders Investment Group for a certain portion of the Southwest Airport Clear Zone property of the City. WHEREAS, by the terms of a lease agreement dated October 4, 1965, the City leased to Arrow Wood Country Club, Inc., a certain portion of the Southwest Airport Clear Zone property of the City, subject to a provision that the written consent of the City would be required before any transfer or assignment of the leased property was effected by the tenant; and WHEREAS, by the terms of Ordinance No. 23448, dated January 10, 1977, the City consented to the assignment of the aforesaid lease from Arrow Wood Country Club, Inc., to Builders Investment Group, a Florida unincorporated business trust; and WHEREAS, Builders Investment Group has requested that the Council consent to the convey- ance and assignment by Builders Investment Group of its leasehold estate and interests as lessee, respectively, but not its obligations under the terms of the aforesaid lease agreement dated October 4, 1965, to certain trustees of Bankers Trust Company, a New York banking corporation, as partial security for a loan to Builders Investment Group from Bankers Trust Company; and WHEREAS, it appearing to the Council of the City of Roanoke that the lease agreement dated October 4, 1965, provides that the written consent of the City to assignment of the lease, in whole or in part, will not be arbitrarily or unreasonably withheld; and WHEREAS, it appears that the consent of the City to the assignment requested by Builders Investment Group will in no way disturb or lessen the City's rights as landlord under the aforesaid lease. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that the consent of the City of Roanoke to a conveyance and assignment to certain trustees for the benefit of Bankers Trust Company, a New York banking corporation, by Builders Investment Group, a Florida unincorporated business group, of its leasehold estate and interest as lessee, respectively, but not its obligations under the terms of a certain agreement of lease dated October 4, 1965, be and is hereby granted and evidenced, provided, however, that nothing herein contained shall be construed as amending or altering any of the rights of the City of Roanoke under the aforesaid lease, including but not limited to the right to receive rents thereunder, nor shall such consent be taken or construed as relieving or discharging Builders Investment Group under the terms of the aforesaid lease from the performance of any agreement or covenant therein undertaken, or of waiving, altering or amending any condition, term, reservation or provision contained and set out in said lease, or as affecting the right of the City of Roanoke to any remedy therein provided for any default of the tenant under said lease. BE IT FURTHER RESOLVED that the City Clerk deliver to Builders Investment Group, or its attorney, an attested copy of this resolution. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1980. No. 24964. AN ORDINANCE authorizing the purchase by the City of certain real estate on Campbell Avenue, S. W., from Carben Corporation to be used as an intermodal transportation facility, ratifying the City Manager's execution and delivery of a contract effecting this purchase, authorizii the payment of the deposit on the contract and the consummation of the transaction, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager is authorized and directed, for and on behalf of the City, to enter into a purchase contract with Carben Corporation for the City's purchase of the following real estate with all appurtenances and fixtures, lying in the City of Roanoke, Virginia, between Salem and Campbell Avenues: the Kress Building (Tax Nos. 1011105, 1011106 and 1011116); spatial three-quarters of the Lerner Building (Tax Nos. 1011107 and 1011108); the Grant Building (Tax Nos. 1011109, 1011110, 1011118 and 1011119); and the McLellan Building (Tax No. 1011120), upon the terms and conditions set forth in a proposed contract dated December 5, 1979, on file in the Office of the City Clerk; 2. That the City Manager's execution and delivery of this contract to Carben Corporation and the contract itself are approved and ratified; 3. That the City Manager is authorized and directed to deliver $1000.00 of the City's funds to Carben Corporation, as earnest money, upon the receipt of the contract executed by Carben Corporation, and to consummate the transaction contemplated by the contract, upon the terms and conditions therein specified. 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 1980. No. 24965. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations: Education #1900 (1 & 2) ............................. $30,866,614.00 Revenue: School Revenue #1900 (3) ............................ 16,734,757.00 (1) Net increase (A01190175001) (2) Net decrease (A01190165401) (3) Net increase (R01191001) $336,275.00 10,113.00 326,162.00 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 January, 1980. No. 24968. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Social Services #1537 (1 & 2) ......................... $6,250,780.00 (1) Net increase (A01153750501) (2) Net decrease (A01153751901) $100,000.00 100,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of January, 1980. No. 24969. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Social Services #1537 (1-5) ........................... $6,845,930.00 Fringe Benefits #1810 (6) ............................. 4,963,014.00 REVENUE Grants-in-Aid Commonwealth (7) ........................ 10,923,780.00 (1) Net increase (A01153751801) (2) Net increase (A01153710005) (3) Net increase (A01153720030) (4) Net increase (A01153730010) (5) Net increase (A01153730005) (6) Net increase (A01181011010) (7) Net increase (R01061901) $576,317.00 16,445.00 588.00 800.00 1,000.00 1,008.00 596,158.00 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 January, 1980. No. 24970. AN ORDINANCE amending Ordinance No. 1816, which establishes six-foot building setback requirements on the north and south sides of Church Avenue between 3rd and 5th Streets, S. W., to waive this setback line as it affects the site for the construction of the new City Courts Facilities Building on Church Avenue, S. W.; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Ordinance No. 1816, enacted June 5, 1925, which establishes six-foot building setback requirements on the north and south sides of Church Avenue, between 3rd and 5th Streets, S. W., is amended to waive the setback requirement as it affects the site for the Courts Facilities Building on the north side of Church Avenue, S. W., as depicted on a Schematic Design dated November 26, 1979, prepared by Hayes, Seay, Mattern & Mattern, on file in the City Engineer's office. The affected area is approximately 18 feet long, parallel to the northern boundary of Church Avenue and involves the southwest corner of the proposed improvement; and 2. That, for the usual daily operation 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 January, 1980. No. 24971. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Southwest Construction, Inc., for installation of a galvanized steel member bin wall and related work at Lagoon No. 4 at the Sewage Treatment Plant; 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. 1 to the City's contract with Southwest Construction, Inc., for installation of a galvanized steel member bin wall and related work at Lagoon No. 4 at the Sewage Treatment Plant, so as to provide for the following changes in the work to be performed, to-wit: CONTRACT AMOUNT $ 44,632.00 Emergency work performed by contractor to prevent collapse of berm for Lagoon No. 4 at Sewage Treatment Plant, includ- ing installation of a concrete foundation, placement of ballast rock, installation of drain tile and gravel, seeding and re- lated work. Add 29,476.33 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 74,108.33 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 28th day of January, 1980. No. 24966. AN ORDINANCE permanently vacating, discontinuing and closing a certain portion of Twenty- Second Street, in the City of Roanoke, Virginia, between Colonial Avenue and the exit ramp of the 220 expressway, as is more particularly described hereinafter. WHEREAS, John W. Gibson, has heretofore filed his application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discon- tinue and close the within described street portion which is more particularly described herein- after; and WHEREAS, John W. Gibson, did on October 18, 1979, 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, more than ten (10) days having expired since the publication of the notice of said application, and in accordance with the prayers of said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by resolution number 24885, dated November 5, 1979, appointed viewers to view the property and report in writing whether in their opinion any inconvenience would result in permanently vacating, discontinuing and closing the aforesaid street portion; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on November 28, 1979, that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing, and closing said street portion; and WHEREAS, Council at its meeting on November 5, 1979, by the aforesaid Ordinance, also referred the application to the City Planning Commission for study and recommendation; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on December 19, 1979, recommended that the hereinafter described street portion be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on January 14, 1980, at 7:30 p.m., after due and timely notice thereof by publica- tion 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 there are no land proprietors affected by the requested closing of the hereinafter described street portion, since such portion is bounded on three sides by State highways and on the fourth side by property owned by John W. Gibson; 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 portion, as requested by John W. Gibson, and recommended by the City Planning Commission THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain portion of Twenty-Second Street, located between Colonial Avenue and 220 expressway, situate in the City of Roanoke, Virginia, and more particularly described as follows: Ail of that 40 foot wide portion of Twenty-Second Street beside Lot 1, as shown on the City Engineer's Map at page 127, and between Colonial Avenue and the exit ramp of the 220 expressway. All of the foregoing description is based on the City of Roanoke appraisal map, sheet number 127, of record in the Engineer's Office of the City of Roanoke. The street portion to be closed and vacated is shown in red on an excerpt from sheet number 127, which has been filed in the Office of the Clerk of the City of Roanoke, 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 Appalachian Power Company an easement for power lines and accompanying power poles and other structures incident to Appalachian Power Company' service, that may now be located in or across said street portion, together with the right of in- gress and egress for the maintenance of such lines, poles or structures; and further 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 portion, together with the right of ingress and egress for the maintenance of such lines, mains, or utilities; such easement or easement to terminate upon the later abandonment of use or permanent removal from the above described street portion of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and hereby is, directed to mark "permanently vacated" on said street portion on all maps and plats on file in his office on which said street portion 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 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 W. Gibson, and any other party in interest who may so request, as grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1980. No. 24967. AN ORDINANCE amending Section 33.5.1 of Chapter 4.1, Zoning, of Title XV, Construction, Alteration and Use of Land~ Buildings and Other Structures, of the Code of the City of Roanoke (1956), as amended, to provide for staggered terms for the members of the Architectural Review Board, and to provide that at least two members of the Board be registered architects. BE IT ORDAINED by the Council of the City of Roanoke as follows: That Section 33.5.1 of Chapter 4.1, Zoning, of Title XV, Construction, Alteration and Use of Land, Buildings and Other Structures, of the Code of the City of Roanoke (1956), as amended, be and said section is hereby amended to read and provide as follows: Section 33.5 Architectural Review Board; Procedures 1. There is hereby created an Architectural Review Board consisting of seven (7) members appointed by majority vote of the City Oouncil. Initially, one member shall be appointed to serve a term ending October 1, 1980, two for a term ending October 1, 1981, two for a term ending October 1, 1982, and two for a term ending October 1, 1983. The Council, at the time of initial appointment of the Board, shall designate the terms of the appointees after the expiration of the initial term; any appointment shall be for a four year term. Any vacancy on the Board shall be filled in the same manner as the original appointment, but for the unexpired term. Members of the Board shall hold no elected public office~ At least two of the members appointed shall be selected from the membership of the City Planning Commission, at least one shall be selected from the membership of the Roanoke City Arts Commission, at least two members shall be registered architects, and at least one member shall be a person who has demonstrated knowledge of and interest in the history of the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1980. No. 24972. A RESOLUTION accepting an Urban Development Action Grant (UDAG) from the United States Department of Housing and Urban Development (HUD), authorizing the City Manager to execute, for and on behalf of the City, a UDAG Agreement with certain amendments thereto and certain agreements with the private participants in the UDAG project, and to deliver the same to HUD. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke does hereby accept the conditional offer made to the City by the United States Department of Housing and Urban Development (HUD) by letter dated November 19, 1979, of a grant of Urban Development Action Grant (UDAG) funds under Section 119 of the Housing and Community Development Act of 1974, Public Law No. 93-383, amounting to $4,211,700.00 for funding certain urban development projects as set out and described in the City's application for said funding made as Grant No. B-80-AA-51-0116 by HUD, upon all of the terms, provisions and conditions set out in the Grant Agreement executed by HUD on November 16, 1979, as amended by Exhibit G to the agreement, a copy of which agreement is on file in the Office of the City Clerk and which is expressly incorporated herein by reference. 2. That the City Manager is hereby authorized and directed, for and on behalf of the City, to execute the aforesaid Grant Agreement, and the amendments contained in Exhibit G thereto, and to deliver the same to HUD in the required manner; 3. That 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, and to deliver to HUD in the required manner, the requisite agreements with the private participants in the UDAG project on the terms and conditions set forth in Exhibit E of the aforesaid Grant Agreement, to-wit, Paragraph I, relating to an agreement with Blue Cross/Blue Shield of Southwestern Virginia; Paragraph VI, relating to an agreement with Colonial American Bankshares Corporation; Paragraph IX, relating to an agreement with The Southwest Virginia Center for the Arts and Sciences; and Paragraph XII, relating to an agreement with Samuel S~igel, Inc., such agreements otherwise to be upon such form as is approved by the City Attorney. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1980. No. 24973. AN ORDINANCE authorizing an amendment to that certain agreement dated June 26, 1969 between the City and AP~OA, Incorporated (assignee of ITT Consumer Services Corporation), as amended, fOr the operation of the automobile parking lots at Roanoke Municipal Airport, Woodrum Field, so as to extend the term of the agreement on a month-to-month basis; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council concurs in the City Manager's report dated January 28, 1980, and authorizes an amendment to that certain agreement dated June 26, 1969 between the City and APCOA, Incorporated (assignee of ITT Consumer Services Corporation), as amended by Modification of Concession Agreements on December 29, 1971, November 23, 1973, by Ordinance No. 23965, adopted December 27, 1977, and by Addendum to Concession Agreement dated June 18, 1979, so as to extend the term of the agreement on a month-to-month basis beginning January 1, 1980 and to provide for its cancellation by either party upon thirty days' written notice thereof, all other provisions of the agreement, as amended, remaining in full force and effect; 2. That, upon its approval by the City Attorney, the City Manager and the City Clerk, respectively, are authorized to execute the Second Addendum to Concession Agreement, a copy of which is on file in the Office of the City Clerk; and 3. That, for the daily operation 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 January, 1980. No. 24974. AN ORDINANCE providing for the purchase of an automated copy system 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 the other bid made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of A. B. Dick Company made to the City and opened on December 28, 1979, to furnish to the City an automated copy system with automatic document feeder on a lease- purchase basis for a term of thirty-six (36) months at a rental of $933.20 per month, such equipment being more fully described in the City's specifications and in the vendor's bid, be and is hereby ACCEPTED; 2. That the City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a lease-purchase agreement with A. B. Dick Company based on its bid and the City's specifications, said agreement to be in such form as is approved by the City Attorney; 3. That, at the conclusion of the initial twelve (12) month period of service for such equipment during which such equipment is covered by an unconditional warranty, the City Manager shall be authorized to enter a service agreement with A. B. Dick Company for the provision of service necessary to the maintenance of such equipment; 4. That the other bid made to the City for the aforesaid equipment be and is hereby REJECTED, and the City Clerk is directed to notify such bidder and to express to such bidder the City's appreciation for such bid; 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 upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1980. No. 24975. AN ORDINANCE amending and reordaining Chapter 4, Offenses Against the Peace, of Title XXIII, Misdemeanors and Offenses, of the Code of the City of Roanoke (1956), as amended, by adding a new section numbered 14, Solicitations and sales - prohibited acts; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Chapter 4, Offenses Against the Peace, of Title XXIII, Misdemeanors and Offenses, of the Code of the City of Roanoke (1956), as amended, be amended by the addition of a new sec- tion numbered 14, Solicitations and sales - prohibited acts, to read and provide as follows: Section 14. Solicitations and sales - prohibited acts. No person shall, in soliciting any contribution or donation or in seeking to sell any item: (a) touch the person to whom such efforts are directed without that person's permission; or (b) obstruct or impede the flow of pedestrian traffic, including intentionally stepping in the path of any person so as to impede his progress, on any public side- walk, in an airport terminal, in any building of the Civic Center, in any other public building or in any business establishment or shopping center arcade or parking lot; or (c) stand on or go into any street or highway for the purpose of soliciting such contribution or donation from, selling any item to, or conducting any business with the occupant of any motor vehicle. Any person violating the provisions of this section shall be guilty of a misdemeanor, punishable by a fine of not move than five hundred dollars. 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1980. No. 24976. ~N ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Circuit Court Equipment (A357453) (1) ........................ $ -0- REVENUE Circuit Court Equipment (R357453) (2,3) ...................... (1) Net decrease (A35745390020) (2) Net decrease (R35745321) (3) Net decrease (R35745331) $6,000.00 5,562.42 437.58 -0- BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. City Clerk APPROVED Mayor ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1980. No. 24977. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Water Fund and Sewage Treatment 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 1979-80 Water Fund and Sewage Treatment Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: WATER FUND APPROPRIATIONS General Operating Expense (1) ........................... $1,771,366.00 SEWAGE TREATMENT FUND APPROPRIATIONS General Operating Expense (2) ........................... 3,837,211.00 (1) Net increase (A02200220010) $12,000.00 (2) Net increase (A03200320010) 18,000.00 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 28th day of January, 1980. No. 24978. A RESOLUTION establishing a'policy with regard to applicant eligibility for public funds appropriated by the City Council to non-governmental agencies, institutions and organizations on recommendation of Council's Citizens' Services Committee. BE IT RESOLVED by the Council of the City of Roanoke that regional agencies, institutions and organizations serving clients or providing services outside the City and which request the appropriation of public funds of the City for their use be required to make a formal request for funding to the appropriate local governments wherein the non-resident clients to be served reside or in which services are provided, and that the said regional agencies, institutions and organiza- tions be notified that a failure to apply for funds from such other local governments may be cause for the City of Roanoke to deny a request for City funds. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1980. No. 24979. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Non-Departmental (1) ................................... $18,691,590.68 (1) Net increase (A01185020001) $65,650.00 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 28th day of January, 1980. No. 24980. AN ORDINANCE authorizing the City Manager to execute a contract by and between the City, the Roanoke City School Board and Management Improvement Corporation of America, such contract to provide for the conduct of a study into any duplication of efforts in certain designated areas between the City and the School Board; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of Management Improvement Corporation of America to conduct a study into any duplication of administrative or operational efforts in certain designated areas between the School Board and the City, as described in said corporation's proposal, providing for a fee not to exceed the sum of $65,650.00, which amount shall be paid out of funds heretofore or hereafter appropriated by Council, be, and said proposal is hereby ACCEPTED; and 2. The City Manager and the 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 by and between the City, the Roanoke City School Board and Management Improvement Corporation of America, such contract to incorporate the terms and conditions of this ordinance and said corpora- tion's proposal, said contract to be upon such form as is approved by the City Attorney; and 3. That, for the usual daily operation 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 January, 1980. No. 24981. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Grant Programs 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 1979-80 General Fund and Grant Programs Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Division of Billings & Collections #0409 (1-4) ............... $ 353,530.50 Non-Departmental #1850 (5) ................................... 18,605,640.68 (1) Net increase (A01040910003) (2) Net increase (A01040930005) (3) Net increase (A01040930010) (4) Net increase (A01040910005) (5) Net decrease (A01185090102) $ 1,200.00 3,500.00 2,200.00 13,400.00 20,300.00 GRANT PROGRAMS FUND APPROPRIAT IONS C.D.B.G. Parking Lot (B-79-MC-51-0020) (1) ................... $ 59,149.43 REVENUE C.D.B.G. Parking Lot Income (2) .............................. 146,512.62 (1) Net increase (A35680595005) $30,649.93 (2) Net increase (R35684641) 30,649.93 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 January, 1980. No. 24982. A RESOLUTION establishing the policy of the City with respect to waiver of rental fees for use of City facilities and property by certain organizations. WHEREAS, this Coul~cil has from time to time, upon request of certain civic organizations, waived the standard fees for rental of certain City facilities, such as Victory Stadium; WHEREAS, this Council has not heretofore established any policy with respect to those organizations that are eligible to apply for such waiver of rental fees and the terms and conditions to be applicable where rental fees are waived; and WHEREAS, a written policy will save time for Council and organizations seeking such waiver by designating in advance those organizations which are eligible to apply for waiver of rental fees, and a written policy will also help insure that all similarly situated organizations are treated uniformly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That, in order to be eligible to apply to City Council, for the waiver of rental fees on any City facility or property, an organization shall have been granted tax-exempt status pursuant to Section 501C of the United States Internal Revenue Code and shall be operated exclusively for charitable, scientific, literary, educational or community purposes or such tax exempt organi- zation shall be an association of war veterans or auxiliary units thereof organized in the United States, a fraternal association operated under the lodge system or a voluntary rescue squad or auxiliary unit thereof; provided that pursuant to Section 15.1-24, Code of Virginia (1950), as amended, rental fees shall not be waived for any church or sectarian society or any institution or association controlled in whole or part by church or sectarian society; 2. That use of City facilities or property without rental fee by any of the foregoing organizations shall be in accordance with the following terms and conditions: (a) The using organization shall pay all expenses incurred by the City which expenses are a direct and proximate result of the use of the City facility or property by such using organization, including, among other things, site preparation, water, sewer, clean-up, refuse collection and electricity, and the City Manager or his designee may require a reasonable cash deposit or bond to be posted in each instance to insure the payment of such expenses to the City; (b) If the using organization generates any receipts from use of the City's facility or property, one hundred per cent (100%) of the net revenues from such use shall be contributed for a purpose for which a deduction is allowed pursuant to the United States Internal Revenue Code; (c) Each organization using City facilities or property pursuant to this resolution shall file with the City Clerk within thirty (30) days following the termination of such use a certified statement setting forth the gross receipts, program expenses, net revenues and a statement that all net revenues will be expended in accordance with this resolution; and (d) Each organization using City facilities or property pursuant to this resolution shall file with the Clerk a certificate of public liability insurance in amounts deemed appropriate by the City Attorney and shall execute appropriate documents in form approved by the C~ty Attorney indemnifying the City of Roanoke and its officers and employees for any claim against the City of Roanoke or its officers and employees arising out of use of the City facility or property. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of January, 1980. No. 24983. AN ORDINANCE accepting a donation of a small strip of land on Levelton Avenue; authorizing the City Attorney to prepare the necessary documents to effect this and other title transfers; authorizing the City Manager to negotiate with owners of similar small strips of land on Levelton Avenue for their donation to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council accepts the donation to the City by Otis N. Shufflebarger of a small strip of land on Levelton Avenue in this City, bearing Official Tax No. 2060403; 2. That the City Attorney is authorized to prepare the necessary documents to effect the transfer of title to this and other similar real estate, at no cost to the donors; 3. That the City Manager is authorized to negotiate with owners of similar small strips of land along Levelton Avenue for their donation to the City; and 4. That, for the usual daily operation 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 February, 1980. No. 24984. A RESOLUTION to appoint viewers to determine the inconvenience, if any, resulting from the closing of Corbieshaw Road, S. W., at or near its intersection with the southwest City limits, so as to prevent through traffic over Corbieshaw Road between Ashby Street, S.W., and the southwest City limits; and referring the proposal to the City Planning Commission for study and recommendation WHEREAS, application has been made to the Council of the City of Roanoke, Virginia to have Corbieshaw Road, S. W. closed at or near its intersection with the southwest City limits, so as to prevent through traffic over Corbieshaw Road between Ashby Street, S. W., and the southwest City limits; WHEREAS, notice that the said application would on this day be presented to the Council of the City of Roanoke, Virginia, has been posted at the Municipal Building in the City of Roanoke, V~.rginia, and in two other places in the City of Roanoke, Virginia, more than ten days prior to this date; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Edward H. Brewer, Jr., Harold W. Harris, Jr., Lester K. Stover, Jr., William P. Wallace and Dewey H. Marshall, any three of whom may act, be, and they are hereby appointed viewers to view Corbieshaw Road, S. W., from Ashby Street. S. W., to the southwest City limits, and to report in writing to the Council of the City of Roanoke, Virginia, whether, in their opinion, any and, if any, what inconvenience would result from the closing of Corbieshaw Road, S.W., at or near its intersection with the southwest City limits, so as to prevent through traffic over Corbieshaw Road between Ashby Street, S. W., and the southwest City limits. BE IT FURTHER RESOLVED that the aforesaid application be, and the said application is hereby referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1980. No. 24985. A RESOLUTION referring to the Planning Commission of the City of Roanoke the application of American Oil Company for the vacation of a .079 acre unused portion of the public street at the corner of Fourth Street, S. E., and Elm Avenue, said portion of the public street being located between the public sidewalk and the northern boundary of the property owned by the Petitioner; commonly known as 401 Elm Avenue, S. E., Roanoke, Virginia; and appointing viewers to view said portion of the public street. BE IT RESOLVED by the Council of the City of Roanoke that this Council refers to the Planning Commission of the City of Roanoke for study, report and recommendation to the Council the application of the City of Roanoke for the vacation of the aforementioned .~079 acre portion of the public street; and that Messrs. Harry Whiteside, Jr., M. Dale Poe, Fred DeFelice, R. R. Quick and R. Lee Mastin, any three or more of whom may act, are hereby appointed viewers to view said portion of the public street and report in writing to this Council whether, in their opinion any, and if any, what inconvenience would result from permanently vacating the same. APPROVED A%TEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1980. ~o. 24966. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Capital Projects 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 1979-80 General Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Transfers - Capital Projects Fund (1) ..................... $229,500.00 CAPITAL PROJECTS FUND APPROPRIATIONS Blue Cross Blue Shield Plaza (2) .......................... 300,000.00 (1) Net increase (A01185587508) $300,000.00 (2) Net increase (A08502590065) 300,000.00 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 4th day of February, 1980. No. 24987. AN ORDINANCE authorizing the City Manager to execute a written agreement with Blue Cross/Blue Shield of Southwestern Virginia for the construction of a public plaza and pedestrian mall in the City's Downtown East Urban Renewal Area VA R-42; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk be, and they are hereby authorized and directed to execute, and to seal and attest, respectively, a written agreement for and on behalf of the City with Blue Cross/Blue Shield of Southwestern Virginia in the amount of $472,024.00 for the construction of a public plaza and pedestrian mall in the City's Downtown East Urban Renewal Area VA R-42, upon certain terms and conditions set forth in Alternative C and elsewhere of a report of the City Manager dated February 4, 1980; such agreement 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. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1980. No. 24988. A RESOLUTION ratifying an offer to purchase Monterey Hills Water Company, Inc. and JELCO Water Company and expressing willingness to consider any reasonable counter offer. WHEREAS, by letter dated January 25, 1980, the City Administration has made an offer to purchase all of the stock and assets of Monterey Hills Water Company, Inc. and JELCO Water Company; WHEREAS, the proposed purchase would promote the best interests of the citizens served by these companies by lowering their water rates to regular City rates and upgrading their service. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council ratifies the offer to purchase these two companies; and 2. That this Council expresses its willingness to consider any reasonable counter offer from these two companies with respect to this matter. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1980. No. 24989. A RESOLUTION notifying the State Corporation Commission of the City's opposition to the proposed rate increase for Monterey Hills Water Company, Inc. and JELCO Water Company. WHEREAS, MOnterey Hills Water Company, Inc., a private water company operating within the corporate boundaries of the City of Roanoke, has notified the City of its intent to apply to the State Corporation Commission for an increase in its water rates charged to certain citizens of this City; WHEREAS, JELCO Water Company, also a private water company operating within the corporate boundaries of the City of Roanoke, intends to make or has already made a similar application; WHEREAS, the City of ROanoke is ready and able to provide water service to all of the customers of the aforementioned water companies at rates which are approximately one-third of those proposed by such private water companies, and, in addition, the City would install fire hydrants and increase the volume of water for fire suppression; WHEREAS, by resolution passed this day, the Council for the City of Roanoke ratified an offer to purchase all of the stock and assets of Monterey Hills Water Company, Inc. and JELCO Water Company, in an effort to reduce the rates of the citizens served by these companies to regular City rates and to upgrade their service, which would promote the best interest of these citizens and of this City; and WHEREAS, the City has not received a favorable response from the companies. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council advises the State Corporation Commission that it opposes the allowance to these companies of rate increases for water service to the citizens of this City and urges the Commission to deny the applications therefore; and 2. That the City Clerk is directed to mail an attested copy of this resolution to William C. Young, Clerk of the State Corporation Commission. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 1980. No. 24990. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Combined State and Federal Programs (1) ............ $3,070,808.00 REVENUE Combined State and Federal Programs (2) ............ 3,070,808.00 (1) Net increase (A01190175001) $156,615.00 (2) Net increase (R01191001) 156,615.00 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 llth day of February, 1980. No. 24991. AN ORDINANCE to amend and reordain Section 29. Same - Issuance of plate tag or decal, of Chapter 1. Traffic Code of Title XVIII. Motor Vehicles and Traffic of the Code of the City of Roanoke (1956), as amended, to describe a redesigned decal and to provide for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 29. Same - Issuance of plate, tag or decal, of Chapter 1. Traffic Code of Title XVIII. Motor Vehicles and Traffic of the Code of the City of Roanoke (1956), as amended, is amended and reordained as follows: Section 29. Same - Issuance of plate, tag or decal. A license number plate, tag or decal for each motor vehicle, trailer or semitrailer shall be furnished by the commissioner of revenue at the time the license tax as set out in the preceding sections is paid and upon the presenta- tion of evidence satisfactory to the commissioner showing that the tangible personal property tax on such vehicle for the current year has been paid. Licenses of the decal type shall be issued only for vehicles of the categories defined in subsection (3) of Section 28,of this chapter and title, as trucks, tractor trucks and auto wagons, and those vehicles defined in subsection (4) of Section 28, of this chapter and title, as private passenger motor vehicles, not motorcycles. The decals shall measure 3 inches square; the background shall be light blue; in the upper righthand corner shall be the words in dark blue: "City of Roanoke, Va."; below those words, to the left, shall be depicted a five-pointed dark blue and white star; below the star to the right shall be the figures in white of "1980"; below the latter figures and the star shall be a depiction in dark blue of a ridge of four mountains, with the tallest mountain to the left under the star; below the mountains shall be a white rectangle; in the rectangle shall be printed in dark blue figures the serial number of each license; below the rectangle shall be written in dark blue the words and figures: "Expires May 31, 1981". 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1980. No. 24992. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Utility Line Facilities (1) ........................ $1,275,974.00 Municipal Parking Garage (2) ....................... 88,050.00 (1) Net decrease (A01160530064) (2) Net increase (A01128121010) $12,000.00 12,000.00 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 llth day of February, 1980. No. 24993. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Management Information System (A357425) (1-5) ................................. $90,002.00 REVENUE Police Management Information System (R357425) ....................................... 90,002.00 (1) Net decrease (A35742510002) (2) Net decrease (A35742520030) (3) Net decrease (A35742523005) (4) Net decrease (A35742530070) (5) Net increase (A35742595301) $10,083.66 19,667.57 459.95 694.01 30,905.19 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 February, 1980. No. 24994. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Jail Classification Program (A357488) (1-4) ............. $7,434.00 REVENUE Jail Classification Program (R357488) (5) ............... 7,434.00 (1) Net decrease (A35748810001) (2) Net decrease (A35748823005) (3) Net decrease (A35748830070) (4) Net increase (A35748895301) (5) Net decrease (R35748821) $8,757.94 945.00 215.50 3,193.44 6,725.00 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 llth day of February, 1980. No. 24996. AN ORDINANCE authorizing the City Manager to enter into a contract with Network Computing Corporation of Charlotte, North Carolina, to provide the City a new utility billing system; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk shall be authorized to execute and to attest, respectively, an agreement with Network Computing Corporation of Charlotte, North Carolina, for the provision by the vendor of a utility billing system in accordance with the terms of the written proposal of the vendor dated December 6, 1979; 2. That the compensation of the vendor shall be in accord with the Schedule of Services and Charges and Additions to the NCC Service Agreement attached to the proposal of the vendor; 3. That the form of such contract shall be approved by the City Attorney; 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of February, 1980. No. 24997. AN ORDINANCE authorizing the hiring of Craigie Incorporated to serve as financial adviser to the City for the upcoming bond issue, 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 as follows: 1. That the appropriate City officials are hereby authorized to hire Craigie Incorporated of Richmond, Virginia, to serve as the City's financial adviser for the upcoming bond issue, including analysis and review of the City's financial posture and assistance in the sale of bonds, for a consideration in the amount of $10,000.00 as a minimum annual fee. When bonds are issued, the fee shall be determined by the following schedule on a per issue basis: Bonds (General obligation and revenue) .... $1.00 per $1,000 Bonds anticipation notes .................. $ .25 per $1,000 which fees shall apply to the annual minimum fee; 2. That the Director of Finance 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, the requisite contract with Craigie Incorporated, the same to incorporate the terms and conditions of this ordinance and such other reasonable terms and provisions as may be required by the Director of Finance and to be, otherwise, upon such form as is approved by the City Attorney; and 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1980. No. 24995. AN ORDINANCE changing the name of New Street, S. W., to Stephenson Avenue, S. W., and directing certain City officials to take appropriate measures to effect this change in name. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the name of that public street in the southwest quadrant of the City known as New Street, S. W., be changed to Stephenson Avenue, S. W., as recommended in a report of the City Planning Commission made to COuncil dated February 11, 1980; 2. That the City Engineer, be and he is hereby directed to cause the above street name to be appropriately noted on all maps and plats lodged in his care; that the City Manager be, and he is hereby authorized to cause the placement of appropriate name signs on the said street; and that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance, in order that said Postmaster be apprised of the aforesaid street name change. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1980. No. 24998. A RESOLUTION establishing the policy of the City of Roanoke with respect to loan of the City's voting machines. WHEREAS, the Electoral Board frequently receives requests from various organizations for the loan of voting machines to be used in elections being held by such organizations; WHEREAS, loan of such machines offers advantages to the Electoral Board and the City in that it provides an opportunity to check the accuracy of extra voting machines, provides needed training for voting machine custodians and educates the public in use and understanding of voting machines; WHEREAS, this Council is desirous of establishing a policy establishing the terms and conditions under which voting machines may be used by outside organizations; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Electoral Board may, in its discretion, agree to loan City of Roanoke voting machines to organizations requesting the use of such machines for the purpose of conducting elections provided that (1) such machines are adequately insured by the Electoral Board to protect against the perils of fire, natural disaster, theft and vandalism on and off City premises, (2) such machines are accompanied by a voting machine custodian employed by the Electoral Board and the borrowing organization shall bear the hourly expense of such voting machine custodians and (3) such machines are not sent outside the corporate boundaries of the City; 2. That the City shall bear the moving expenses for such machines, provided that, should the borrowing organization be a religious group or political organization, such organization shall reimburse the City for the total expenses of the City, including labor and equipment. 3. That the City Clerk is directed to forward an attested copy of this resolution to Mr. Andrew H. Thompson, Secretary of the Electoral Board and Mrs. Katherine M. Poole, Registrar. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1980. No. 24999. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Recreational Facilities #3400 (2,3) .................. $ 129,117.50 Fire Protection and Prevention #4000 (5) ............. 104,977.91 Other Public Buildings #5000 (1,4) ................... 5,989,000.00 Capital Improvement Reserve #6000 (6) ................ 3,379,000.00 (1) Net increase (A08503090055) (2) Net increase (A08342590055) (3) Net increase (A08343090055) (4) Net increase (A08502090055) .... (5) Net increase (A08401590055) (6) Net decrease (A08600172501) $1,500.00 1,000.00 3,000.00 3,000.00 500.00 9,000.00 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 25th day of February, 1980. No. 25000. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaine to read as follows, in part: APPROPRIATIONS Sheriff's Training #80-A5161 (A357483) (1-3) ............................... $7,465.00 REVENUE Sheriff's Training #80-A5161 (R357461) (4,5) ............................... 7,465.00 (1) Net increase (A35748323001) (2) Net increase (A35748380020) (3) Net increase (A35748320001) (4) Net increase (R35748321) (5) Net increase (R35748331) $1,350.00 1,715.00 4,400.00 7,092.00 373.00 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 25th day of February, 1980. No. 25001. A RESOLUTION authorizing the acceptance of Law Enforcement 'Grant No. 80-A5161 made to the City of Roanoke by the State Division of Justice and Crime Prevention and authorizing the acceptance, execution and filing of the "Special Conditions for Action Grant Awards" with DJCP for this action grant of Federal funds for the purpose of providing training for personnel in the City Sheriff's Department. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of RoanOke hereby accepts the offer made by the State Division of Justice and Crime Prevention of Law Enforcement Grant No. 80-A5161 in the total amount of $7,465.00, consisting of $6,719.00 from DJCP Block Funds, $373.00 from DJCP General Funds, and $373.00 from a local cash match, for the purpose of continuing the training program for personnel in the City Sheriff's Department; 2. That H. B. Ewert, City Manager, or his successor in office, be and he is hereby authorized to accept, execute, and file on behalf of the City Of Roanoke the "Special Conditions for Action Grant Awards" with DJCP for Action Grant No. 80-A5161; and 3. That the City Manager is further directed to furnish such additional information as may be required by DJCP in connection with the City's acceptance of the foregoing grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1980. No. 25002. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaine to read as follows, in part: APPROPRIATIONS T.A.P. Wilderness Challenge #80-A5165 (A357461) (1) ................................ $51,957.00 REVENUE T.A.P. Wilderness Challenge #80-A5165 (2,3) ........................................ 51,957.00 (1) Net increase (A35746120010) (2) Net increase (R35746121) (3) Net increase (R35746131) $51,957.00 49,359.00 2,598.00 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 February, 1980. No. 25003. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 80-A5165 made to the City of Roanoke by the State Division of Justice and Crime Prevention and authorizing the acceptance, execution and filing of the "Special Conditions for Action Grant Awards" with DJCP for an action grant of Federal funds for the purpose of continuing a wilderness program for Roanoke Valley youths. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the offer made by the State Division of Justice and Crime Prevention of Law Enforcement Grant No. 80-A5165 in the total amount of $51,957.00 consisting of $46,761.00 from DJCP Block Funds, $2,598.00 from DJCP General Funds, and $2,598.00 from local cash match, for the purpose of continuing the wilderness program for Roanoke Valley youths; 2. That H. B. Ewert, City Manager, or his successor in office, be and he is hereby authorized and directed to enter into an agreement, approved as to form by the City Attorney, with Total Action Against Poverty in Roanoke Valley (TAP) to perform certain services in connection with the program; 3. That the City Manager be and he is hereby authorized to accept, execute and file on behalf of the City the "Special Conditions for Action Grant Awards" with DJCP for Action Grant No. 80-A5165; and 4. That the City Manager is further directed to furnish such additional information as may be required by DJCP in connection with the City's acceptance of the foregoing grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1980. No. 25004. AN ORDINANCE awarding contracts for furnishing traffic paint and reflective glass traffic beads to the City; accepting a bid made therefor; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal of the following bidders as hereinafter set out, viz: ITEM 4500 gal. traffic paint Yellow - 30-gallon drums (20 second drying) SUCCESSFUL BIDDER Baltimore Paint & Chemical Company TOTAL PRICE $ 22,635.00 1300 gal. Traffic paint White - 30-gallon drums (20 second drying) 500 gal. traffic paint White - 5-gallon drums (quick drying) Baltimore Paint & Chemical Company Baltimore Paint & Chemical Company $ 6,435.00 $ 3,545.00 25,000 lbs. reflective traffic beads - 50 lb. bags Potter Industries Incorpora- ted $ 5,231.00 $ 37,846.00; Total Purchase Price be and said proposals are hereby ACCEPTED; 2. That the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue the requisite purchase orders for the abovementioned traffic paint and reflective glass beads, said purchase orders to be made and filed in accordance with the City's specifications, the bidders' proposals made therefor and in accordance with this ordinance; 3. That the other bids received for the supply of the aforesaid traffic paint and reflective glass beads be, and said bids 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. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1980. No. 25005. AN ORDINANCE providing for the purchase of certain vehicles for use by the City, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and deliver- ing said vehicles; rejecting all other such bids; providing for the issuance of requisite purchase orders for all such equipment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bids in writing of the following named bidders, made to the City and received January 22, 1980, to furnish to the City the vehicles hereinafter set out and generally described but more particularly described in the City's specifications and alternates and in said bidders' proposals, be and are hereby ACCEPTED, at the purchase prices set out with each said item and the name of each successful bidder thereon, viz: Item Quantity and Successful Total Number Description Bidder Purchase Price 1 3 new 1/2-ton Pick Up Truck Cab/Chassis, f.o.b. City Garage, 1802 Court- land Road, Roanoke, Va. Magic City Motor Corp. $ 17,405.46 1 new 1/2-ton Pick Up Truck Cab/Chassis, 4 W.D. w/ 63 amp alter- nator as bid, f.o.b., City Garage, 1802 Court- land Road, Roanoke, Va. Dickerson GMC, Inc. $ 7,128.96; all of the aforesaid equipment to be delivered to the City, f.o.b. Roanoke, in accordance with the City's general specifications and with the successful bidders' respective proposals and within the delivery times set out in said proposals and established by the City; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said purchase orders the City's aforesaid general specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said vehicles when delivered to be paid for out of funds heretofore or contemporaneously being appropriated for the purpose; 3. That,.upon delivery to the City of each item of the aforesaid equipment and upon the City's acceptance of the same as being in accordance with the bids accepted and the purchase orders awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase prices to each said successful bidder, not to exceed the sums hereinabove set out; 4. That all other than the aforesaid bids made for the supply of the within described equipment be, and each such other bid is hereby REJECTED, and the City Clerk shall so notify said bidders and shall express to each suCh bidder the City's appreciation for its bid; 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1980. No. 25006. A RESOLUTION rejecting all proposals received for Airport Parking Lot Improvements and Operation of the Airport Parking Lot Concession, and directing the City Manager to cause the mat- ter to be readvertised for new proposals. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That, upon due consideration of the report of the Bid Committee appointed to review proposals submitted for expansion of the Airport Parking Lot and operation of the Airport Parking Lot concession, this Council concurs in such report, and the proposals received and opened on December 3, 1979, are hereby REJECTED; 2. That the City Manager is directed to revise the specifications and readvertise for new proposals for Airport Parking Lot Improvements and Operation of the Airport Parking Lot Conces- sion; and 3. That 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 25th day of February, 1980. No. 25007. AN ORDINANCE authorizing the City Manager to enter an agreement with the Virginia College Off-Campus Work Study Program to provide for temporary employment of students from Virginia colleges and universities during the summer season; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk shall be authorized to execute and attest, respectively, an agreement with the Virginia College Off-Campus Work Study Program for the temporary employment by the City of students from Virginia colleges and universities for the summer season with the total cost to the City for such employment, including the City's share of FICA being 31% of the student-employees' gross wages with the pay range for such student employees being $3.10 per hour to $4.00 per hour; 2. That the form of agreement between the City and the Virginia College Off-Campus Work Study Program shall be approved by the City Attorney; and 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED i! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of February, 1980. No. 25008. AN ORDINANCE providing for the City's acquisition of a portion 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 as follows: 1. That the City Manager be, and he is authorized to offer to the Roanoke Redevelopment and Housing Authority (RRtlA) the sum of $1.00 for the purchase by the City of that portion, con- sisting of. approximately 35,000 square feet, more or less, 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. That, upon acceptance of the City's offer to purchase the aforesaid property by the RRHA, the proper City officials shall be, and are hereby authorized to execute a purchase agreement for the said property, upon such terms and conditions as may be required by the City's UDAG Grant Agreement with the United States Department of Housing and Urban Development, and upon such form as is approved by the City Attorney; 3. That, in compliance with the aforesaid purchase agreement, and 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 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; 4. That the proper City officials shall be, and are hereby authorized, after acceptance of the City's offer by the RRHA and after the execution of a purchase agreement by the City, to execute any other documents relating to the transfer of the said property to the City; 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 upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1980. No. 25009. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Civic Center 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 1979-80 General Fund and Civic Center Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Transfers #1855 (1) ................................... $9,390,804.00 CIVIC CENTER APPROPRIATIONS Civic Center Fund (2), (3) ............................ 1,689,420.00 REVENUE Civic Center Fund (4) ................................. 1,161,998.00 (1) Net increase (A01185587405) (2) Net increase (A05240190020) (3) Net increase (A05240190025) (4) Net increase (R05224701) $23,600.00 17,600.00 6,000.00 23,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1980. No. 25010. AN ORDINANCE providing for the purchase of one sterilizer (autoclave) for use at the Carvins Cove Filter Plant, upon certain terms and conditions; accepting a bid made to the City therefor; providing for payment for the equipment; rejecting the other bid; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid of Scientific Products, of Columbia, Maryland, made to the City, offering to furnish and deliver to the City, f.o.b., Carvins Cove Filter Plant, Roanoke, Virginia, one sterilizer (autoclave), meeting the City's specifications and requirements made therefor, at the total bid price of $16,720.00, is ACCEPTED; 2. That the City's Manager of Purchasing and Materials Control is authorized and directed to issue the requisite purchase order therefor, incorporating the City's specifications, the terms of the bidder's proposal and the terms and provisions of this ordinance; 3. That the cost of the equipment shall be paid for out of funds appropriated for the purpose upon delivery to the City of the equipment, and upon the City's acceptance of the same; and the Director of Finance is authorized and directed to make payment to the successful bidder of the purchase price, not to exceed the sum set out above; 4. That the other bid received for the equipment is REJECTED. The City Clerk shall so notify said other bidder and express the City's appreciation of its bid; and 98 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1980. No. 25011. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City School System (1) ....................... $31,055,543.00 REVENUE School Revenue (2) ................................... 16,923,686.00 (1) Net increase (A01190175001) $32,314.00 (2) Net increase (R01191001) 32,314.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of March, 1980. No. 25012. A RESOLUTION concurring in the City Manager's recommendation with respect to changes in parking rates for the Municipal Parking Garage; and confirming the City Manager's authority to disapprove certain proposed rate increases. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council concurs in the City Manager's recommendation, set forth in Paragraph IV of his report dated February 25, 1980, that monthly, "Early Bird" and maximum daily rates be increased as set forth in the report and that the transient parking rate be maintained. 2. That the City Manager's authority to disapprove in conformity herewith certain rate increases requested by APCOA, Inc., is confirmed and he is authorized to take such action as he deems best in this regard. APPROVED ATTEST: City Clerk Mayor , I · IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of March, 1980. No. 25014. A RESOLUTION urging the United States Senate Environment and Public Works Committee and the United States House Interstate and Foreign Commerce Committee to enact legislation to establish a hazardous waste response fund, with certain provisions beneficial to local governments. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council urges the United States Senate Environment and Public Works Committee and the United States House Interstate and Foreign Commerce Committee to enact legislation, known respectively as S. 1480 and H.R. 5790, establishing a fund to pay for emergency response, cleanupand containment of hazardous wastes at abandoned, closed and open disposal sites and for damage caused by spills of oil and hazardous materials during transport, but consistent with the following principles: (a) joint, several and strict liability for persons who caused or contributed "significantly" to a release of hazardous wastes; (b) limitation of local government liability to 50% of the response, cleanup and containment costs at municipally-owned hazardous waste sites; (c) a provision that no state or local government shall be liable for cleanup and containment costs for accidents occurring on private sites; (d) the provision of federal funds for evaluating and locating sites for new hazardous waste disposal facilities and for training emergency response personnel, without preemption of local governmental control and authority for siting new facilities. 2. That the City Clerk is directed to mail a certified copy of this resolution to the chairmen of the Senate Environment and Public Works and the House Interstate and Foreign Commerce Committees and to the Honorable Harry F. Byrd, Jr., John W. Warner and M. Caldwell Butler. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1980. No. 25015. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS T.A.P. Wilderness Challenge #80-A5165 (A357461) (1) ................................ $49,359.00 REVENUE T.A.P. Wilderness Challenge #80-A5165 (R357461) (2) ................................ 49,359.00 (1) Net decrease (A35746120010) (2) Net decrease (R35746131) $2,598.00 2,598.00 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 March, 1980. No. 25016. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Capital Projects 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 1979-80 General Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIAT IONS Transfer to Capital Projects Fund (1) ......................... $279,500.00 REVENUE Miscellaneous (3) ............................................. 577,993.00 CAPITAL PROJECTS FUND APPROPRIAT IONS Urban Redevelopment (2) ....................................... 200,000.00 (1) Net increase (A01185587508) $50,000.00 (2) Net increase (A08380590001) 50,000.00 (3) Net increase (R01103605) 25,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: CityClerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1980. No. 25017. AN ORDINANCE authorizing a certain contract to be entered into with the Landmark Division of Appletree Enterprises, Inc., of Bloomington, Minnesota, to provide professional services in conducting certain studies and preparing a prospectus for the development of Parcels 2 and 3 of the Downtown East Redevelopment Area; 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 directed for and on behalf of the City, subject to the contingency noted below, to enter into a written agreement with the Landmark Division of Appletree Enterprises, Inc., of Bloomington, Minnesota, providing for such firm's conducting certain studies and preparing a prospectus for the development of Parcels 2 and 3 of the Downtown East Redevelopment Area, as further described in the Bid Committee report to Council dated March 10, 1980; such contract to contain such other reasonable terms and conditions as may be in the interest of the City and to be upon such form as is approved by the City Attorney; 2. That the maximum compensation to the firm from the City under such agreement shall not exceed $25,000.00 or twenty-five percent (25%) of the cost of the firm's services, whichever sum is the lesser; 3. That the authorization for the City Manager to enter into the aforesaid agreement shall be contingent upon the City receiving a commitment in writing from Downtown Roanoke, Inc., that it will compensate the Landmark Division of Appletree Enterprises, Inc., in the sum of $25,000.00, or twenty-five percent (25%) of the cost of that firm's services, whichever sum is the lesser; 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 upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of March, 1980. No. 25018. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Offender Aid and Restoration Grant ~80-A5177J (A357498) (1) ............................................ $77,917.00 REVENUE Offender Aid and Restoration Grant ~80-A5177J (R357498) (2) ............................................ 77,917.00 (1) Net increase (A35749820010) $77,917.00 (2) Net increase (R35749821) 77,917.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lOth day of March, 1980. No. 25019. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 80-A5177J made to the City of Roanoke by the State Division of Justice and Crime Prevention and authorizing the acceptance, execution and filing of the "Special Conditions for Action Grant Awards" with DJCP for an action grant of Federal funds for the purpose of a program of services for pre-delinquent juveniles. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the offer made by the State Division of Justice and Crime Prevention of Law Enforcement Grant No. 80-A5177J in the total amount of $77,917.00i, the entire amount being DJCP Block Funds with no local cash match, for the purpose of establishing a program of services to pre-delinquent juveniles; 2. That H. B. Ewert, City Manager, or his successor in office, be and he is hereby authorized to accept, execute and file on behalf of the City of Roanoke the "Special Conditions for Action Grant Awards" with DJCP for the above-referenced action grant and to execute a standard grant contract between the City and OAR of Roanoke, Inc., for the provision of volunteer counseling services for pre-delinquent juveniles under DJCP Grant No. 80-A5177J; and 3. That the City Manager is further directed to furnish such additional information as may be required by DJCP in connection with the City's acceptance of the foregoing grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1980. No. 25020. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Capita[ Projects 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 1979-80 General Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Transfers to Capital Projects Fund (1) ...................... $ 289,500.00 CAPITAL PROJECTS FUND APPROPRIATIONS Jail Facility (2) ........................................... 6,649,520.00 (1) Net increase (A01185587508) $60,000.00 (2) Net increase (A08420290065) 60,000.00 BE IT FURTHER ORDAINED that, an emergency existing, ~his Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1980. No. 25021. AN ORDINANCE accepting the proposal of Ralph Smith, Inc., of Roanoke, Virginia, for securing the windows at the City's jail; authorizing the proper City officials to execute the requisite contract; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal made by Ralph Smith, Inc., of Roanoke, Virginia, for securing the windows at the City's jail is ACCEPTED; the contract for such services not to exceed the lump sum of $54,820.00, plus a change order of $4,600.00 for certain modifications to the contract documents; 2. That 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 Ralph Smith, Inc. of Roanoke, Virginia, 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. That all other bids made to the City for the security of windows at the City's jail be, and said bids are hereby REJECTED; the City Clerk to so notify all such bidders and to express to each the City's appreciation for their bids; and 4. That, for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 1980. No. 25022. AN ORDINANCE authorizing certain contracts to be entered into with M. Paul Friedberg & Partners of New York, New York, to provide professional consultant services in developing a comprehensive parks and recreation program for the City and in designing certain improvements for Hurt Park; 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 directed for and on behalf of the City to enter into written agreements with M. Paul Friedberg & Partners of New York, New York, providing for such firm's providing certain professional consulting services in developing a comprehensive parks and recreation program for the City, and for designing certain improvements for Hurt Park, as further described in a report of the City Manager to Council dated March 17, 1980; such contracts to contain such other reasonable terms and conditions as may be in the interest of the City, and to be upon such form as is approved by the City Attorney; 2. That the maximum compensation to M. Paul Friedberg & Partners from the City under such agreements shall not exceed the sum of $87,500.00 for developing the comprehensive parks and recreation program, and shall not exceed the sum of $11,000.00 for designing the improvements for Hurt Park; and 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25013. AN ORDINANCE authorizing the City's lease of certain land and improvements thereon located at 12th 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 as follows: 1. That H. B. Ewert, City Manager, be and he is hereby authorized to enter into a new agreement of lease on behalf of the City as lessor with the Greater Roanoke Transit Company for certain property containing approximately 42,786 square feet of floor space, located at 12th Street, S. E., and Campbell Avenue, S. E., within the City of Roanoke, Virginia, now being utilized by the Transit Company, the term of said lease to be for a period of three years, commencing March 23, 1980 and ending March 22, 1983, with rental at the rate of $36,000 annually, payable in monthly installments of $3,000 each on the first day of each month during the term of the lease; 2. That said lease shall be upon form approved by the City Attorney and upon such other terms and provisions as are agreeable to the City Manager. However, the lease shall contain provisions to the effect that (a) the service responsibilities of the City shall be limited, during the first year, to the provision of property insurance and up to $8,000 toward heating costs; during the second year, to the provision of property insurance and up to $4,000 toward heating costs; and during the third year, to the provision of property insurance; (b) maintenance of the furnace and facilities necessary to provide heat and maintenance of the remainder of the premises shall be Transit Company's responsibility; and (c) the lease may be cancelled by either party upon notice to the other party given not less than ninety days prior to the expiration of any term, but with provision that the lease shall not be terminated by the City until equal or better space is available to the lessee for its use in the provision of mass transportation services in the Roanoke urban area. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25023. 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 paragraph 1 of Resolution No. 24982; and WHEREAS, the applicant organization has agreed to comply with the provisions of paragraph 2 of Resolution No. 24982; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Easter Seal Society for Crippled Children and Adults, Inc., of Virginia shall be authorized use of Victory Stadium, with waiver of the standard rental fee, for a rugby match on April 14, 1980. 2. The applicant organization shall comply with all the terms and conditions of Resolutiol No. 24982, dated January 28, 1980. APPROVED ATTEST: City Clerk Mayor 'T IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25024. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Capital Projects 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 1979-80 General Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Transfers to Capital Projects Fund (1) ............. $ 308,280.40 CAPITAL PROJECTS FUND APPROPRIATIONS Sanitation (2) ..................................... 3,413,939.48 (1) Net increase (A01185587508) .......... $28,780.40 (2) Net increase (A08361790055) .......... 28,780.40 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 March, 1980. No. 25025. AN ORDINANCE authorizing the City Manager to enter into an engineering agreement with Buford T. Lumsden & Associates, P.C., to provide additional design work in connection with the Cravens-Barnhart Sewage Collection Systems project, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are authorized to execute and attest, respectively, an engineering agreement with Buford T. Lumsden & Associates, P.C., to provide additional design work in connection with the Cravens-Barnhart Sewage Collection Systems project, said agreement to be upon such form as is approved by the City Attorney; 2. That the compensation to be paid by the City to this firm shall not exceed $28,780.40 and paid in accordance with the terms and conditions contained in the engineering agreement out of funds heretofore appropriated for the purpose; and 3. That, for the usual daily operation 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 March, 1980. No. 25026. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks and Recreation (1375) (1) ........................ $649,066.00 REVENUE Miscellaneous (2) ...................................... 557,993.08 (1) Net increase (A01137530043) (2) Net increase (R01103501) $5,000.00 5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25027. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordain- ed to read as follows, in part: APPROPRIATIONS Program Agent Title II-D (A357876) (1-7) (A357881) (8-16) ........................................ $698,162.21 REVENUE Program Agent Title II-D (R357802) (17) ................... 698,162.21 (1) Net increase (A35787610001) (2) Net increase (A35787610002) (3) Net increase (A35787611017) (4) Net increase (A35787611029) (5) Net increase (A35787620031) (6) Net increase (A35787621005) (7) Net increase (A35787630005) (8) Net increase (A35788110001) (9) Net increase (A34788110002) (10) Net increase (A35788110011) (11) Net increase (A35788111017) (12) Net increase (A35788111029) (13) Net increase (A35788111030) (14) Net increase (A35788120031) (15) Net increase (A35788121005) (16) Net increase (A35788130005) (17) Net increase (R35780202) $ 3,904.65 80,624.74 659.86 16,098.15 468.91 134.40 209.97 6,965.39 11,642.60 128,037.86 1,248.26 2,203.06 25,413.54 647.57 185.60 290.03 278,734.59 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 24th day of March, 1980. No. 25028. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordain- ed to read as follows, in part: APPROPRIATIONS T.A.P. Youth Activity Centers Grant #80-A5178J (A357463) (1) ..................................... $54,191.00 REVENUE T.A.P. Youth Activity Centers Grant #$0-A5175J (R357463) (2) ..................................... 54,191.00 (1) Net increase (A35746320010) (2) Net increase (R35746321) $54,191.00 54,191.00 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 March, 1980. No. 25029. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 80-A5178J made to the City of Roanoke by the State Division of Justice and Crime Prevention and authorizing the acceptance, execution and filing of the "Special Conditions for Action Grant Awards" with DJCP for an action grant of Federal funds for the purpose of continuing four community-based youth centers. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the offer made by the State Division of Justice and Crime Prevention of Law Enforcement Grant No. 80-A5178J in the total amount of $54,191.0~ from DJCP Block Funds, no local cash match being involved, for the purpose of continuing four community-based youth centers; 2. That H. B. Ewert, City Manager, or his successor in office, be and he is hereby authorized and directed to enter into an agreement, approved as to form by the City Attorney, with Total Action Against Poverty in Roanoke Valley (TAP) to perform certain services in connection with the program; 3. That the City Manager be and he is hereby authorized to accept, execute and file on behalf of the City the "Special Conditions for Action Grant Awards" with DJCP for Action Grant No. 80-A5178J; and 4. That the City Manager is further directed to furnish such additional information as may be required by DJCP in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25030. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Commonwealth Attorney Training Grant #79-A4868 (A357491) (1) ............................................... $1,420.00 REVENUE Commonwealth Attorney Training Grant #79-A4868 (R357491) (2) ............................................... 1,420.00 (1) Net increase (A35749123005) (2) Net increase (R35749121) $1,420.00 1,420.00 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 March, 1980. No. 25031. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 79-A4868 made to the City of Roanoke by the Virginia Association of Commonwealth's Attorneys for the purpose of providing training for the Commonwealth's Attorney's staff, and authorizing the acceptance, execution and filing of the appropriate forms pertaining to the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the offer made by the Virginia Association of Commonwealth's Attorneys (VACA) of Law Enforcement Grant No. 79-A4868 in the total amount of $1,420.00 for the purpose of providing training for the Commonwealth's Attorney's staff; 2. That H. B. Ewert, City Manager, or his successor in office, be and he is hereby authorized to accept, execute, and file on behalf of the City of Roanoke the requisite forms pertaining to Law Enforcement Grant No. 79-A4868; and 3. That the City Manager is further directed to furnish such additional information as City Clerk APPROVED of the foregoing grant or with Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25032. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordain- ed to read as follows, in part: APPROPRIATIONS Police Training Academy Grant #80-A5162 (A357424) (1-3) ......................................... $29,485.00 REVENUE Poiice Training Academy Grant #80-A5162 (R357424) (4,5) ......................................... 29,485.00 (1) Ne! increase (A35742420010) (2) Net increase (A35742423005) (3) Net increase (A35742430050) (4) Net increase (R35742421) (5) Net increase (R35742431) $12,000.00 4,685.00 12,800.00 28,011.00 1,474.00 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 March, 1980. No. 25033. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 80-A5162 made to the City of Roanoke by the State Division of Justice and Crime Prevention and authorizing the acceptance, execution and filing of the "Special Conditions for Action Grant Awards" with DJCP for this action grant of Federal funds for the purpose of providing continuation of the police academy. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the offer made by the State Division of Justice and Crime Prevention of Law Enforcement Grant No. 80-A5162 in the total amount of $29,485.00 consisting of $26,537.00 from DJCP Block Funds, $1,474.00 from DJCP General Funds, and $1,474.00 from a local cash match, for the purpose of continuing the police academy; 2. That H. B. Ewert, City Manager, or his successor in office, be and he is hereby authorized to accept, execute, and file on behalf of the City of Roanoke the "Special Conditions for Action Grant Awards" with DJCP for Action Grant No. 80-A5162; and may be required by VACA in connection with the City's acceptance such project. !.1_0 3. That the City Manager is further directed to furnish such additional information as may be required by DJCP in connection with the City's acceptance of the foregoing grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25034. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordain- ed to read as follows, in part: APPROPRIATIONS Litter Control Grant (A356226) (1) ............................. $7,927.00 REVENUE Litter Control Grant (R356226) (2) ............................. 7,927.00 (1) Net increase (A35622620010) (2) Net increase (R35622621) $7,927.00 7,927.00 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 March, 1980. No. 25035. AN ORDINANCE expressing continued support for the Clean Valley Committee, Inc.; authorizin the Committee to coordinate a litter control program with Roanoke County, the City of Salem, and the Town of Vinton; authorizing the Committee to apply for and the City Manager to accept a grant on behalf of the City upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke endorses and supports a program to promote the enforcement of anti-litter statutes and ordinances and to enhance local litter control efforts for this City and expresses the intent to combine with the County of Roanoke, the City of Salem, and the Town of Vinton in a mutually agreed upon and coordinated program, contingent on approval of the Applica- tion by the Department of Conservation and Economic Development, Division of Litter Control, and contingent upon receipt of funds; 2. That the City of Roanoke authorizes the Clean Valley Committee, Inc., to plan and budget for a cooperative anti-litter program, which shall represent said Program for all localities named in this resolution; authorizes the Clean Valley Committee, %nc., to apply on behalf of all of the above-named localities for a grant, and to be responsible for the administration, implementa- tion and completion of the program as it is described in the application form LC-G-1 on file in the Office of the City Clerk; and further authorizes the City Manager to accept such grant on behalf of the City; 3. That the City of Roanoke accepts responsibility jointly with the Clean Valley Committee, Inc., and the County of Roanoke, the City of Salem, and the Town of Vinton for all phases of the program, and further accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application; 4. That said funds, when received, will be transferred immediately to the Clean Valley Committee, Inc., to be used in said coordinated program to which the City of Roanoke gives its full support and endorsement; 5. That the City of Roanoke hereby requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve the application and program, said program being in accord with regulations governing use and expenditure of said funds; and 6. That, for the usual daily 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 March, 1980. No. 25036. AN ORDINANCE providing for the purchase of a Kurzweil Reading Machine for the blind for use in the City's Library by accepting a certain bid made to the City for furnishing said machine; providing for the issuance of the requisite purchase order for such machine; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the bid made to the City by Kurzweil Computer Products, Inc., of Cambridge, Massachusetts, to furnish to the City a Kurzweil Reading Machine for the blind at a total cost of $27,650.00 be, and is hereby ACCEPTED, in accordance with the recommendation of a Bid Committee report to Council dated March 24, 1980; 2. That the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue the requisite purchase order for the aforesaid machine, incor- porating into said purchase order the City's general specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance; the cost of said equipment when delivered and accepted by the City to be paid for out of funds heretofore appropriated for the purpose; 3. That upon delivery to the City of the aforesaid machine, and upon the City's acceptance of the same as being in accordance with the bid accepted and the purchase order awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase price to the bidder, not to exceed the sum hereinabove set out; and 4. That, in'o~der to provide for the usual daily operation 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25037. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Civic Center 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 1979-80 General Fund and Civic Center Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS General Fund (1-20, 23) ....................................... $89,287,616.13 CIVIC CENTER APPROPRIATIONS Civic Center Fund (21) ........................................ 1,719,420.00 REVENUE Operating Supplement General Fund (22) ........................ 603,448.00 (1) Net increase (A01134530030) (2) Net increase (A01134730030) (3) Net increase (A01165830030) (4) Net increase (A01166230030) (5) Net increase (A01166430030) (6) Net increase (A01166630030) (7) Net increase (A01166930030) (8) Net increase (A01167130030) (9) Net increase (A01124830030) (10) Net increase (A01152730030) (11) Net increase (A01153730030) (12) Net increase (A01072130030) (13) Net increase (A01072030030) (14) Net increase (A01160530030) (15) Net increase (A01137521010) (16) Net increase (A01137721020) (17) Net increase (A01134721010) (18) Net increase (A01134721020) (19) Net increase (A01166221010) (20) Net increase (A01185587405) (21) Net increase (A05200521010) (22) Net increase (R05224701) (23) Net decrease (A01188072006) $23,200.00 13,600.00 13,900.00 300.00 6,400.00 23,250.00 34,400.00 1,300.00 2,400.00 150.00 2,000.00 100.00 100.00 24,000.00 4,600.00 3,000.00 7,000.00 4,600.00 9,700.00 30,000.00 30,OOO.0O 30,000.00 204,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25038. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordain- ed to read as follows, in part: APPROPRIATIONS Youth Services (Planning) Grant 79-%-6 (A357418) (1-8) ...... $13,710.00 Youth Services (Planning) Grant 79-I-6 (A011855) (9) ........ 77,087.00 Youth Services (Planning) Grant 79-1-6 (A011501) (10) ....... 79,012.36 REVENUE Youth Services (Planning) Grant 79-I-6 (R357418) (11,12) .... 13,710.00 (1) Net increase (A35741810002) (2) Net increase (A35741820010) (3) Net increase (A35741833005) (4) Net zncrease (A35741890020) (5) Net increase (A35741830005) (6) Net mncrease (A35741890005) (7) Net mncrease (A35741830086) (8) Net zncrease (A35741831030) (9) Net mncrease (A01185587700) (10) Net decrease (A01150110002) (11) Net increase (R35741821) (12) Net increase (R35741831) $10,310.00 500.00 300.00 50.00 150.00 85O.O0 500.00 1,050.00 3,428.00 3,428.00 10,282.00 3,428.00 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 March, 1980. No. 25039. AN ORDINANCE amending Title X.2, Human Resources, of the Code of the City of Roanoke (1956), as amended, by adding Chapter 2 providing for a Youth Services Citizen Board; abolishing the present Youth Commission of the City of Roanoke; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Title X.2, Human Resources, of the Code of the City of Roanoke (1956), as amended, be amended by the addition of Chapter 2, entitled Youth Services Citizen Board, to read and provide as follows: CHAPTER 2. YOUTH SERVICES CITIZEN BOARD Section 1. Youth Services Citizen Board - establishment. There is hereby created a Youth Services Citizen Board. The Board shall consist of not more than twenty (20) members appointed by the City Council for terms not to exceed three years. Of the members first appointed, seven shall be appointed for terms of three years; seven for terms of two years; and six for terms of one year. Membership shall be restricted to residents of the City. The City Clerk shall notify Council promptly if any vacancy occurs. Appoint- ments to fill vacancies shall be for the unexpired term of the member whose term becomes vacant. Section 2. Same - membership. The Board shall consist of at least two elected officials of the City, representatives of public and private agencies serving youths, citizens not employed by government or service agencies, at least one member who is below the age of eighteen years, and at least one representative from each of the following backgrounds: business, legal, medical, educational, and juvenile justice system. A majority of the Board shall be citizens who are not employed by government or services agencies and who are not elected governmental officials. Section 3. Same - responsibilities. It shall be the responsibility of the Board to: 1. Assist community agencies and organizations in establishing and modifying programs and services to youth on the basis of an objective assessment of the community's needs and resources. 2. Evaluate and monitor community programs and services to determine their impact on youth. 3. Provide a mechanism whereby all youths and their families with needs for services will be linked to appropriate services. 4. Attempt to resolve agency policies and procedures that make it difficult for youths and their families to receive services. The Board shall actively participate with community repre- sentatives in the formulation of a comprehensive plan for the development, coordination and evaluation of the youth services program and shall make formal recommendations to the City Council at least annually concerning the comprehensive plan and its implementation during the ensuing year. Section 4. Same - organizations; procedures; committees. The Board shall elect from its membership a chairman and such officers as it deems necessary, who shall serve annual terms and who may succeed themselves. The Board may adopt rules of procedure for conducting its affairs, so long as they are consistent with the ordinances and Charter of the City and the laws of the Common- wealth. The Board may appoint such committees, which may include non-members of the Board, as it may deem desirable to advise it on matters within its area of responsibility. Section 5. Same - staff. The Board shall be provided such staff support from the City as may be provided for by the City Manager. 2. That Resolution No. 12121, adopted April 26, 1954, is hereby REPEALED, and the Youth Commission of the City of Roanoke is hereby ABOLISHED; and 3. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25040. A RESOLUTION authorizing the acceptance of Grant No. 79-I-6 made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the acceptance, exe- cution and filing of the "Special Conditions" with the Department of Corrections for this grant for the purpose of operating a youth planning program for the City until June 30, 1980. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Corrections of Grant No. 79-I-6 in the total amount of $13,710.00, consisting of $10,282.00 from Department of Corrections funds and $3,428.00 in local funds, for the purpose of operating a youth planning program for the City until June 30, 1980; 2. That H. B. Ewert, City Manager, or his successor in office, be and he is hereby authorized to accept, execute, and file on behalf of the City of Roanoke the "Special Conditions" with the Department of Corrections for Grant No. 79-I-6; and 3. That 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 foregoing grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25041. AN ORDINANCE accepting the proposal of L.H. Sawyer Paving Co., Inc. for the construction of new curb and gutter and entrances, and paving of streets at various locations in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting other proposals to do such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the proposal made by L. H. Sawyer Paving Co., Inc. for the construction of new curb and gutter and entrances, and paving of streets at various locations throughout the City, in accordance with HUD Project Nos. B-78-MC-51-0020 and B-79-MC-51-0020, and with the City's plans and specifications at the fixed unit prices set out in said bid proposal, be ACCEPTED, the total amount of the contract not to exceed $95,407.00; 2. That 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 L. H. Sawyer Paving Co., Inc. 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. That all other bids made to the City for this work are hereby REJECTED; the City Clerk to so notify all such bidders and to express to each the City's appreciation of said bids; and 4. That, for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25044. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Education (1-9) ......... . ................................... $31,055,543.00 (1) Net increase (A01190165001) (2) Net increase (A01190165101) (3) Net increase (A01190165201) (4) Net increase (A01190165401) (5) Net increase (A01190165501) (6) Net increase (A01190165601) (7) Net increase (A01190165701) (8) Net increase (A01190190001) (9) Net decrease (A01190172006) 5,129.00 52,993.00 954.00 1,885.00 28,090.00 13,465.00 7,734.00 9,750.00 120,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~~.~___ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of March, 1980. No. 25045. AN ORDINANCE authorizing the City Manager to enter into an engineering agreement with Mattern and Craig, Consulting Engineers, to provide engineering, design and construction services in connection with the Tinker Creek Sanitary Sewer project, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are authorized to execute and attest, respectively, an engineering agreement with Mattern and Craig, Consulting Engineers, to provide engineering, design and construction services in connection with the Tinker Creek Sanitary Sewer project, said agreement to be upon such form as is approved by the City Attorney; 2. That the compensation to this firm shall be computed on a cost-plus-fixed-fee basis and shall not exceed, without City Council approval, $84,000.00 to be shared among the following governmental units at the following proposed percentages: City of Roanoke (11%); County of Roanoke (42%) and County of Botetourt (47%), and paid in accordance with the terms and conditions contained in the engineering agreement out of funds heretofore appropriated for these services; and 3. That, for the usual daily 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 April, 1980. No. 25042. AN ORDINANCE changing the name of Vinton Mill Road, S. E., to Gus W. Nicks Boulevard, S. E., and directing certain City officials to take appropriate measures to effect this change in name. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the name of that public street in the southeast quadrant of the City known as Vinton Mill Road, S. E., be changed to Gus W. Nicks Boulevard, S. E., in honor of the late Mayor of Vinton, Gus W. Nicks, as recommended in a report of the City Planning Commission made to Council dated March 24, 1980; and 2. That the City Engineer be and he is hereby directed to cause the above street name to be appropriately noted on all maps and plats lodged in his care; that the City Manager be and he is hereby authorized to cause the placement of appropriate name signs on the said street; that the City Clerk transmit to the Postmaster at Roanoke six (6) attested copies of this ordinance, in order that said Postmaster be apprised of the aforesaid street name change; and that the City Clerk transmit to the Town Manager of Vinton an attested copy of this ordinance. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, V%RGINIA, The 7th day of April, 1980. No. 25043. AN ORDINANCE adopting and enacting a new Code for the City of Roanoke, Virginia; establish- ing the same; providing for the repeal of certain ordinances not included therein; providing for the manner of amending and supplementing such Code; and providing when such Code and this Ordinance shall become effective. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of Ordinances, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 to 36, each inclusive, is hereby adopted and enacted as the "Code of the City of Roanoke (1980)", which Code shall supersede all general and permanent ordinances of the City adopted on or before December 11, 1978, to the extent provided in paragraph 2 hereof; 2. Ail provisions of such Code shall be in full force and effect from and after July 1, 1980, and all ordinances of a general and permanent nature of the City of Roanoke, adopted on final passage on or before December 11, 1978, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of such Code; 3. The repeal provided for in paragraph 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance; 4. Any person convicted of a violation of such Code shall be punished as prescribed in Section 1-10 thereof, or as provided in any other applicable section of such Code; 5. Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the Council to make the same a part of such Code, shall be deemed to be incorporated in such Code so that reference to such Code shall be understood and intended to include such additions and amendments; 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty provided in Section 1-10 of such Code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty, other than the aforementioned general pel~aity, is provided ill anodizer section in the same c~apter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein; 7. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed; 8. This ordinance and the Code adopted hereby shall become effective July 1, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 1980. No. 25046. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Seven-Up Bottling Company of Roanoke, Inc., and Al-Steel Fabricators, Inc., to permanently vacate, discontinue and close an unopened twelve- foot alley near Cleveland Avenue, S. W., and Eighteenth Street, S. W., and an unopened portion of Cleveland Avenue, S. W., 200 feet west of Eighteenth Street, S. W., and more particularly described below; and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, upon the applica- tion of Seven-Up Bottling Company of Roanoke, Inc. and Al-Steel Fabricators, Inc., that said petitioners did on March 25, 1980, duly and legally publish, as required by Section 15.1-364 of the Code of Virginia, as amended, a notice of their application to the Council of the City of Roanoke Virginia, to close the hereinafter described alley and street portion, the publication of which was had by posting a copy of the notice on the front door of the Courthouse of the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance) as provided by the aforesaid section of the Code of Virginia, all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to the application addressed to the Council requesting that the hereinafter described alley and street portion be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten days have elapsed since the publi- cation of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described alley and street portion; and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view the hereinafter described alley and street portion herein sought to be perma- nently vacated, discontinued and closed, and report in writing as required by Section 15.1-364 of the Code of Virginia, as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. L. Elwood Norris, George W. Overby, Edward H. Brewer, Jr., Harold W. Harris, Jr., and Lester K. Stover, Jr., any three of whom may act, be, and they hereby are, appointed as viewers to view the following described alley and street portion and report in writing, pursuant to the provisions of Section 15.1-364 of the Code of Virginia, as amended, whether in their opinion any and, if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: I BEING all of that twelve-foot alley shown on City Appraisal Map #132 extending in a westerly direction through Block 46 of the West End and River View Land Company Map from the westerly line of the Virginian Railway right of way to Cleve- land Avenue, S. W. (formerly Riverside Boulevard), said alley being bounded on the north (220 feet, more or less) by the southerly boundaries of the Virginian Railway right of way and Lots 4, 5, 6, 7 and 8, Block 46, of the West End and River View Land Company Map (Official Tax Nos. 1320710, 1320709, 1320708, and 1320707) and on the south (240.57 feet, more or less) by the northerly boundaries of Lots 12, 13, 14, 15 and 16, Block 46, of the West End and River View Land Company Map (Official Tax Nos. 1320715, 1320714, 1320713, 1320712 and 1320711.) II BEING that portion of Cleveland Avenue, S. W., shown on City Appraisal Map #132 beginning at a point 200 feet west from the intersection of Cleveland Avenue, S. W., with Eighteenth Street, S. W., and extending from said point in a westerly direction 135.4 feet to a point, thence in a northwesterly direction along the southwesterly boundaries of Lots 15 and 16, Block 46, of the West End and River View Land Company Map (the westerly portion of said street having formerly been known as Riverside Boulevard), said portion of Cleveland Avenue, S. W., being bounded on the north and northeast by the southerly and southwesterly boundaries of Lots 13, 14, 15 and 16, Block 46, of the West End and River View Land Company Map (Official Tax Nos. 1320714, 1320713, 1320712, and 1320711) and on the south by the northerly boundaries of former Lots 5 and 6, Block 63, of the West End and River View Land Company Map (now a portion of a 5.4 acre tract bearing Official Tax No. 1321101) and a portion of the 2.5 acre tract bordering the Roanoke River and bearing Official Tax No. 1321401. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the above-described alley and street portion be and the said proposal is, hereby referred to the City Planning Commission for study and recommendation back to the City Council. ATTEST: ~ ~~~_ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 1980. No. 25047. A RESOLUTION authorizing the filing of an application with the United States Department of Housing and Urban Development for a current grant of Federal funds to permit implementing, continuing and carrying out a Community Development Block Grant Program. WHEREAS, under the terms of the Housing and Community Development Act of 1974, Public Law 93-383, the Congress of the United States has authorized the making of annual grants to pub- lic bodies to aid in financing identified community development needs, both as to short-term and long-term objectives; and WHEREAS, in the preceding five fiscal years the City of Roanoke commenced the implementa- tion of such programs, and the City needs further Federal assistance to continue to finance cer- tain 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 said City desires to make current application for Federal assistance in the premises; WHEREAS, City Council conducted a public hearing on February 11, 1980, relative to, and thereafter concurred in, a Community Development Block Grant Program for FY 1980-81 as proposed in a report to Council from the City Manager dated February 4, 1980, which Program included a revised Housing Assistance Plan for the City; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 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 $2,584,000 of Federal funds under Public Law 93-383 to aid in financing certain community development block grant programs for the sixth year, to be as set out in Federal forms prepared for the purpose of such application; and, in making such application, said 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 said 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 1980. No. 25048. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title XX Services (A011540) (1-5) ....................... $262,854.71 REVENUE Title XX Services (R0110030) (6) ........................ 262,854.71 (1) Net increase (A01154020060) ............... 6,813.75 (2) Net increase (A01154020066) ............... 14,977.27 (3) Net increase (A01154020067) ............... 375.04 (4) Net increase (A01154020068) ............... 12,581.82 (5) Net increase (A01154020070) ............... 6,813.75 (6) Net increase (R01100301) .................. 41,561.63 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 April, 1980. No. 25049. A RESOLUTION approving certain emergency action of the City Manager, taken to effect repairs to the Ore Branch (Middle Segment) Sanitary Sewer Interceptor. WHEREAS, the City Manager has reported in writing to the Council on April 7, 1980, pursuant to the provisions of Section 41 of the Roanoke Charter of 1952, that an immediate necessity existed to repair the Ore Branch (Middle Segment) Sanitary Sewer Interceptor to prevent further deterioration and damage to the line due to flooding. WHEREAS, the Administration issued an emergency work directive to E. C. Pace & Company, Inc. to perform the necessary repairs, and said repairs will be made for the total sum of $70,115.00. WHEREAS, funds for this work are available in Ore Branch Account No. A03240191001. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager's report explaining the facts constituting this emergency situation be and is hereby received and filed. 2. The Council does hereby approve, ratify and confirm the measures taken by the City Manager in this emergency situation, including the employment of E. C. Pace & Company, Inc. to do the emergency repair work specified in the City Manager's report. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 1980. No. 25050. AN ORDINANCE authorizing the Director of Finance to release on behalf of the City nuisance abatement liens; providing for the recordation of this ordinance in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Director of Finance, his successors in Office and his deputies, including the Chief of Billings and Collections, are authorized to release, on behalf of the City, liens recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, filed pursuant to Section 7, Chapter 16.1 of Title XIII, Code of the City of Roanoke (1956), as amended, (weed and trash abatement) and to Section 124.0 of the Uniform Statewide Building Code of Virginia, as amended by Ordinance No. 23418, adopted January 4, 1977, which is found in Section 2 of Chapter 1.2 of Title XV of the Code of the City of Roanoke (1956), as amended, (demolition and boarding- up). 2. The City Clerk is directed to transmit a certified copy of this ordinance to the Clerk of the Circuit Court for the City of Roanoke for recordation in the current deed book, indexed under the City of Roanoke as grantor and the Director of Finance, Roanoke, Virginia, as grantee. 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 April, 1980. No. 25051. A RESOLUTION setting forth the City's position with respect to the application of Blacksbur Limousine Service, Inc., to extend charter service in and around this City. WHEREAS, Blacksburg Limousine Service, Incorporated (Blacksburg) has applied to the State Corporation Commission for a certificate of public convenience and necessity as a special or charter party carrier by motor vehicle from the Counties of Montgomery, Giles and Roanoke, and the Cities of Radford, Salem and Roanoke to all points in Virginia, restricted to exclude operations in excess of 16 passengers. WHEREAS, this Council perceives no need to be met by the granting to Blacksburg of general charter service in and around this city and believes that the extension of such, service might have an adverse effect upon local operators and upon the citizens of this city. WHEREAS, this Council welcomes Blacksburg's service to the Roanoke Municipal Airport, Woodrum Field and would not oppose granting by the State Corporation Commission to Blacksburg of the right to operate along a fixed route between the airport and certain outlying areas. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council opposes Blacksburg's application, described above. 2. This Council does not oppose the State Corporation Commission's granting to Blacks- burg of a certificate of public convenience and necessity to operate charter service from the Roanoke Municipal Airport, Woodrum Field, along a fixed route to points in Roanoke, Giles and Montgomery Counties, and in the Cities of Salem and Radford and back, together with the right to pick up and discharge passengers, but limited to exclude operations involving in excess of 16 passengers. 3. The City Clerk is directed to mail a certified copy of this resolution to William C. Young, Clerk of the State Corporation Commission. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 1980. No. 25054. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Earl H. Rogers to discontinue and close that certain alley located between Fairfax Avenue, N. W. and Moorman Avenue, N. W., in Block 5 of Melrose Land Company; and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that said petitioner did on the 26th day of March, 1980, 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 be made this day to the Council of the City of Roanoke, Virginia, to close the hereinafter described alley, the publication of which was had by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), as provided by the aforesaid Section of the Virginia Code, as amended, all of which is verified by an affidavit attached to the application addressed to the Council requesting that the hereinafter described alley be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described alley; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described alley herein sought to be permanently vacated, discon- tinued and closed and report in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. Lee Mastin, L. Elwood Norris, William P. Wallace, Harry Whiteside, Jr., and Dale Poe, any three of whom may act, be appointed as viewers to view the following described alley and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: BEGINNING at the southeast corner of Lot 7, Block 5, Melrose Land Company, being point of intersection of the westerly line of an alley and the northerly line of Fairfax Avenue; thence with the southerly line of said Lot 7, N. 13 degrees 53' 40" E. 187.0 feet to a point to the northeast corner of Lot 5, being also the intersection of the western line of said alley with the southerly line of Moorman Avenue, N. W.; thence with the westerly line of Moorman Avenue S. 76 degrees 1' 20" East 10.2 feet, more or less, to the northwest corner of Lot 8, Block 5, Melrose Land Company; thence S. 13 degrees 53' 40" W. with the westerly lines of Lots 8, 9, 10-A and ll-A of said Block 5, Melrose Land Company, 188 feet, more or less, to Fairfax Avenue, the southwest corner of said Lot ii-A; thence N. 66 degrees ll' 20" W. 10.15 feet to the place of BEGINNING; and being a 10 foot wide alley lying east of Lots 5 and 7, Block 5, Melrose Land Company and west of Lots 8, 9, 10-A and ll-A. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the hereinabove described alley located between Fairfax Avenue, N. W., and Moorman Avenue, N. W., in Block 5, of Melrose Land Company, be, and said proposal is hereby referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 1980. No. 25055. A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of William J. Lotz to discontinue and close the certain alley located in Block 3, Official Survey; and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that said petitioner did on the 26th day of March, 1980, 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 be made this day to the Council of the City of Roanoke, Virginia, to close the hereinafter described alley, the publication of which was had by posting a copy of the notice on the front door of the Courthouse in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance) as provided by the aforesaid section of the Virginia Code, as amended, all of which is verified by an affidavit attached to the application addressed to the Council requesting that the hereinafter described alley be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the hereinafter described alley; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinafter described alley herein sought to be permanently vacated, discon- tinued and closed and report in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. Lee Mastin, L. Elwood Norris, William P. Wallace, Harry Whiteside, Jr. and Dale Poe, any three of whom may act, be appointed as viewers to view the following described alley and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same, namely: BEGINNING at a point on the east side of Grove (6th) Street, N. W. at the northwest corner of Lot #4 Official Survey of Block 3, S.W. #7, being also 1111309 as shown on the official tax map of the City of Roanoke, Virginia; thence with the north line of said Lot #4, same being the southerly side of an alley, 90 feet, more or less, to the dividing line between Lots #4 and #6 in said Block 3; thence in a southerly direction with the easterly line of Lot #6 and Lot #5, 15 feet, more or less, to the southeast corner of Lot #3, same being also the north line of an alley; thence with said south line of Lots #3, #2 and #1, . and with the north line of said alley in a westerly direction 90 feet, more or less, to the east side of Grove (6th) Street; thence in a southerly direction 15 feet, more or less, to the northwest corner of Lot #4, the place of BEGINNING. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the hereinabove described alley located in Block 3, Official Survey, be, and said proposal is hereby referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of April, 1980. No. 25052. AN ORDINANCE providing the name for the City's new park adjacent to the Veterans Adminis- tration Hospital in the Northwest area of the City, and authorizing the erection of an appropriate monument therein. WHEREAS, this Council deems it proper and fitting, in assigning a name to its new park adjacent to the Veterans Administration Hospital, to honor the late Lt. Col. Joseph A. Moses, one of the Roanoke Valley's most decorated soldiers, and all other residents of the Roanoke Valley who have served in the Armed Forces of the United States of America. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City's new park adjacent to the Veterans' Administration Hospital in the Northwest area of the City be designated, named and known as "VETERANS PARK". 2. Upon the collection of a sufficient sum by public subscription to pay for such, a monument be permitted to be erected in an appropriate place in Veterans Park, to read as follows: VETERANS PARK Honoring Lt. Col. Joseph A. Moses One of the Roanoke Valley's Most Decorated Soldiers, And all the other residents of the Roanoke Valley, past and present, Who have served in the Armed Forces of the United States of America. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of April, 1980. No. 25053. AN ORDINANCE permitting the encroachment of a canopy to be erected on a building at 308 Jefferson Street, S. E., over the public sidewalk in front of such building, to a line not nearer than two feet from the adjacent Jefferson Street 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, Samuel Spigel, Inc., its grantees, assigns or successors in interest, of the property at 308 Jefferson Street, S. E., within the City of Roanoke, to construct and maintain a certain canopy extending from the building on the property at 308 Jefferson Street, S. E., 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 Jefferson Street, said canopy to be constructed and maintained in conformance with the provisions of Chapter 7 of Title XV, Code of the City of Roanoke (1956), as amended, and to be in accordance with the plans for such canopy filed with the owner's application to the City dated March 3, 1980. 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) days' 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 ordinance to Samuel Spigel, Inc. 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 Samuel Spigel, Inc., 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 , 1980. ATTEST: SAMUEL SPIGEL, INC. By By Title Title ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of April, 1980. No. 25058. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Juvenile Home Construction (A357414) ...................... $138,888.00 Juvenile Home Construction (A357415) (1) .................. 625,975.90 REVENUE Juvenile Home Construction (R357414) ...................... 138,888.00 Juvenile Home Construction (R357415) (2) .................. 625,975.90 (1) Net increase (A35741599995) (2) Net increase (R35741525) $28,394.00 28,394.00 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 April, 1980. No. 25059. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Avis Construction Company, Inc., dated June 26, 1979, for certain alterations and additions to the City's Juvenile Detention Home; 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 and empowered to issue, for and on behalf of the City, Change Order No. 2 to the City's contract with Avis Construction Company, Inc., dated June 26, 1979, for certain alterations and additions to the City's Juvenile Detention Home, so as to provide for a playground, new driveway paving, and landscaping, as set forth in the City Manager's report dated April 14, 1980, the amount of the Change Order not to exceed the sum of $16,868.00, bringing the total amount of the said contract to $691,776.00. 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: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of April, 1980. No. 25061. A RESOLUTION relating to the Office of the City Assessor, the position of City Assessor and the incumbent City Assessor. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs generally in the report of the Director of Finance, presented to Council on April 7, 1980. 2. Council concurs in and ratifies the assignment of Mr. Howard C. Turpin to the position of Deputy Assessor. 3. The position of City Assessor is declared vacant, and the Director of Finance is directed to advertise such position. 4. Ordinance No. 24842, adopted by Council on September 10, 1979, is continued in full force and effect, and the Office of the City Assessor shall remain under the temporary direction, control and supervision of the Director of Finance until further action by this Council. APPROVED ATTEST~~~. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of April, 1980. No. 25063. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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. 126 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.D.B.G. Parking Lot (A356805) (1) ............... $ 86,514.70 REVENUE C.D.B.G. Parking Lot (R356846) (2) ............... 146,512.62 (1) Net increase (A35680595005) $27,365.27 (2) Net increase (R35684641) 27,365.27 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 April, 1980. No. 25064. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Program Income (A356805) (1) ............................. $159,133.02 Unprogrammed C.D.B.G. Funds - Rehabilitation Loans (A356805) (2) .......................................... 1,769.85 Unprogrammed C.D.B.G. Funds - Non-settlement Land Receipts (A356805 (3) ................................... 21,150.00 REVENUE Other Program Income & Payment (R356846) (4) ................... 192,540.75 (1) Net increase (A35680595006) (2) Net increase (A35680595007) (3) Net increase (A35680595008) (4) Net increase (R35684651) $159,133.02 1,769.85 21,150.00 182,052.87 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 1.77 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of April, 1980. No. 25065. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordaine~ to read as follows, in part: MISCELLANEOUS Water and Sewer Agreement Refunds to Annexed Customers (1) .......................... $766,537.00 Bond Prepayment Penalty (2) ............................... 13,163.00 (1) Net decrease (A01185090102) (2) Net increase (A01185090104) $13,163.00 13,163.00 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 April, 1980. No. 25066. A RESOLUTION recognizing the important work of the members of the Community Relations Committee, thanking members for their service and dissolving this committee. WHEREAS, by Resolution No. 20893, adopted May 14, 1973, this Council established the Community Relations Committee as a permanent committee of Council, this committee having previously transacted business as an ad hoc committee, for the purpose of serving as a liaison between various communities of the City and the City's administrative and elected officials, with particular emphasis on the problems of the Black community. WHEREAS, this committee has served the City well for which Council, on behalf of the City, wishes to express its thanks; however, given the presence of new mechanisms for dealing with the problems originally to be addressed by this committee, the need for the committee has been reduced. WHEREAS, the Chairman of the committee has requested that this Council consider the dissolution of the committee. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council recognizes important work that the Community Relations Committee has performed for this City. 2. It thanks each current member and each past member of the committee for their service thereon. 3. It dissolves the Community Relations Committee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN%A, The 28th day of April, 1980. No. 25056. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 102, Section 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 all of the lots known as Official Survey Southwest 3, Block 13, Lots 1, 2, 3, 7, 9 and 10, lying in the City of Roanoke, and being portions of Tracts 1, 2, 3 and 4, Map of Jefferson Medical Park dated October 26, 1979, made by Buford T. Lumsden & Associates, P.C., of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Map Book 1, Page 270, and presently designated as Official Tax No(s). 1023301 through 1023306, inclusive, 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 subject to certain conditions proffered by the petitioner; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, 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 April, 1980, at 7:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in inter- est and citizens were given an opportunity to be heard, both for and against tbe 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 Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 102 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on First Street, Southwest, in the City of Roanoke, Virginia, described as all of the lots known as Official Survey Southwest 3, Block 13, Lots 1, 2, 3, 7, 9 and 10, lying in the City of Roanoke, and being portions of Tracts 1, 2, 3 and 4, Map of Jefferson Medical Park dated October 26, 1979, made by Buford T. Lumsden & Associates, P. C., of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Map Book 1, Page 270, and presently designated as Official Tax No(s). 1023301 through 1023306, inclusive, designated on Sheet 102 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No(s). 1023301, 1023302, 1023303, 1023304, 1023305 and 1023306 be, and is hereby, changed from C-I, Office and Institutional District, to C-2, General Commercial District subject to the conditions that the tract as rezoned will be used only for the purpose of operating a medical office park or any other use or sign provided for or allowed by C-1 zoning and, that the landscaping and landscape improvements on the tract to be rezoned will be constructed as shown on design made by Landscape Design Associates, filed with the Clerk of the City of Roanoke, Virginia, and that Sheet No. 102 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 April, 1980. No. 25057. AN ORDINANCE to vacate, discontinue and close a portion of the public street at the corner of Fourth Street, S. E., and Elm Avenue, in the City of Roanoke. WHEREAS, upon petition of American Oil Company, to vacate, discontinue and close a .079 acre unused portion of the public street at the corner of Fourth Street, S. E., and Elm Avenue, said portion of the public street being located between the public sidewalk and the northern boundary of the property owned by the petitioner, commonly known as 401 Elm Avenue, S.E., Roanoke, Virginia, bearing Tax No. 4020401, the Council by Resolution No. 24985, dated February 4, 1980, appointed viewers to view said portion of the public street and to report to the Council; and WHEREAS, Messrs. R. Lee Mastin, M. Dale Poe and Harry W. Whiteside, Jr., three of the viewers appointed, after making oath that they would faithfully and impartially discharge their duties, viewed said portion of the public street referred to herein and reported to the Council that in their opinion no inconvenience would result, either to any individual or to the public, from permanently vacating, closing and discontinuing said portion of the public street; and WHEREAS, the City Planning Commission has recommended that the said portion of the public street be vacated, discontinued and closed; and WHEREAS, notice of the hearing relative to the vacation, discontinuance and closing of the said portion of the street has been published in a local newspaper for the required period of time; and WHEREAS, the hearing as provided for in the said notice was held on the 14th day of April, 1980, 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 vacation, discontinuance and closing of the said portion of the public street; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the said portion of the public street should be vacated, discontinued and closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that the .079 acre portion of the public street at the corner of Fourth Street, S. E., and Elm Avenue, said portion of the public street being located between the public sidewalk and the northern boundary of the propert~ owned by American Oil Company, commonly known as 401 Elm Avenue, S. E., Roanoke, Virginia, bearing Tax No. 4020401, and more particularly described as the shaded .079 acre portion on a plat dated October 22, 1979, prepared by Raymond C. Weeks, C.L.S., a copy of which is attached hereto and thereby incorporated in this Ordinance, be permanently vacated, discontinued and closed and that all right of the general public in and to the said former portion of the street be terminated. The City of Roanoke hereby expressly reserves an easement or easements in said portion of the street for the maintenance, operation, repair and replacement of any existing water line, or other municipal installation or public utility now located therein, such easement or easements to terminate upon the later abandonment of use or permanent removal therefrom of any such municipal or utility installation by the owner thereof. BE IT FURTHER ORDAINED that the City Clerk shall deliver a certified copy of this Ordinance to the Clerk of the Circuit Court of the City of Roanoke, Virginia, who shall record the same at the expense of the petitioner and index the same in the name of the City of Roanoke, as grantor, and in the name of American Oil Company, a Maryland corporation, as grantee, and that the said City Clerk shall transmit to the City Engineer an additional certified copy of this Ordinance, who shall make proper notation of the closing of the said portion of the street on the records kept in his office. APPROVED ATTEST~.~ ~ ~' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25060. AN ORDINANCE providing for certain supplemental benefits under the Employees' Retirement System to certain members of such System; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. It being the intent of this Council to make permanent the increase in benefits provided to members of the Employees' Retirement System by Ordinance No. 24393, adopted November 6, 1978, which ordinance granted an increase of 6-1/2% percent to certain members of the Employees' Retirement System, Ordinance No. 24393 and Ordinance No. 24740, adopted June 25, 1979, continuing the force and effect of Ordinance No. 24393, are both hereby amended and reordained.to be in full force and effect indefinitely. 2. The retirement allowance payable on account of certain members of the Employees' Retirement System being defined hereinafter who retired prior to July 1, 1978, or the pension otherwise payable as of July 1, 1979, as the result of the death of a member or beneficiary prior to that date, shall retroactive to July 1, 1979, be increased by 10% of itself. 3. The increase in benefits provided for by Paragraph 2 of this ordinance shall apply to the following members of the Employees' Retirement System only: (a) any member who retired prior to July 1, 1978, under ordinary service as defined in Section 7(a)(1) of Chapter 1 of Title III, Code of the City of Roanoke (1956), as amended, with at least ten years of creditable service; or 130 (b) (c) (d) any member who retired prior to July 1, 1979, on ordinary disability retirement allowance as defined by Section 7(3) of Chapter 1 of Title III or on accidental disability retirement allowance as defined by Section 7(5) of Chapter 1 of Title III or any member who filed application for ordi- nary disability retirement allowance or accidental disability retirement allowance prior to July 1, 1979, provided such appli- cation was later approved by the Board; or any surviving spouse; or any member who retired under Chapter 2, Police and Fire Pensions Prior to January 1~ 1946, of Title III, or the surviving spouse of any such member; or (e) any member on early service retirement. ATTEST: This ordinance shall be in full force and effect on and after May 8, 1980. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25062. ~q ORDINAi~CE amenaing and reordaining Chapter 4, Bank Stock Tax, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, by repealing Sections 1 through 7, and by enacting new sections 1 through 5; and providing for an effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 1 through 7 of Chapter 4, Bank Stock Tax, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, are REPEALED. 2. Chapter 4, Bank Stock Tax, of Title VI, Taxation, of the Code of the City of Roanoke (1956), as amended, is amended and reordained as follows: Section 1. Definitions. The following words shall have the meanings ascribed to them by this section: a. "Bank" shall be as defined in Section 58-485.01 of the Code of Virginia (1950), as amended. b. "Net Capital" shall mean a bank's net capital computed pursuant to Section 58-485.07 of the Code of Virginia (1950), as amended. Section 2. Imposition of Tax. a. Pursuant to the provisions of Chapter 10.01 of Title 58 of the Code of Virginia (1950), as amended, there is hereby imposed upon each bank located within the boundaries of this city a tax on net capital equalling 80% of the state rate of franchise tax set forth in Section 58-485.06 of the Code of Vir- ginia (1950), as amended. b. In the event that any bank located within the boundaries of this city is not the principal office but is a branch extension or affiliate of the principal office, the tax upon such branch shall be apportioned as provided by Section 58-485.012 of the Code of Virginia (1950), as amended. Section 3. Filing of Return and Payment of Tax. a. On or after the first day of January of each year, but not later than March 1 of any such year, all banks whose principal offices are located within this city shall prepare and file with the Commissioner of Revenue a return as provided by Section 58-485.013 of the Code of Virginia (1950), as amended, in duplicate which shall set forth the tax on net capital computed pursuant to Chapter 10.01 of Title 58 of the Code of Virginia (1950), as amended. The Commissioner of Revenue shall certify a copy of such filing of the bank's return and schedule and shall forthwith transmit such certified copy to the State Department of Taxation. b. In the event that the principal office of a bank is located outside the boundaries of this city and such bank has branch offices located within this city, in addition to the filing requirements set forth in section (a) hereof, any bank conducting such branch business shall file with the Com- missioner of Revenue a copy of the real estate deduction schedule, apportion- ment and other items which are required by Sections 58-485.012, 58-485.013 and 58-485.014 of the Code of Virginia (1950), as amended. c. Each bank, on or before the first day of June of each year, shall pay into the Treasurer's Office all taxes imposed pursuant to this ordinance. Section 4. Effective Date of Ordinance. The provisions of this ordinance shall be effective for the year beginning January 1, 1980. Section 5. Penalty upon bank for failure to comply with ordinance. Any bank which shall fail or neglect to comply with any provision of this ordinance shall be fined not less than one hundred nor more than five hundred dollars, which fine shall be recovered upon motion, after five days' notice in the circuit court of this city. The motion shall be in the name of the Commonwealth and shall be presented by the attorney for the Commonwealth of this locality. 3. This ordinance shall be effective retroactive to January 1, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25067. A RESOLUTION memorializing the late SGT. JOHN DAVIS HARVEY, United States Marine Corps. WHEREAS, Sgt. John Davis Harvey, United States Marine Corps, a Roanoke native and graduate of Patrick Henry High School, is missing in action and presumed dead as the result of an airplane crash occurring while on a heroic and humanitarian mission attempting to rescue the fifty American hostages being held in Tehran, Iran by revolutionary forces; WHEREAS, Sgt. Harvey, 21 years of age, a specialist in avionics and helicopter electrical systems, volunteered for this dangerous and difficult mission involving penetration of an elite commando unit 500 miles into Iran; and WHEREAS, Sgt. Harvey and the other men involved in this mission performed in the highest tradition of American military service, and the American people are indebted to these courageous men for their sacrifice; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopted this means of recognizing the heroic contribution of Sgt. Harvey in volunteering for a dangerous humanitarian mission of critical importance to this nation; 2. Council extends the deepest sympathy and regrets of the Council and all citizens of the City of Roanoke for the wife and family of Sgt. Harvey; 3. The City Clerk is directed to forward an attested copy of this resolution to the widow, Mrs. Alisa Hillman Harvey, and to the parents, Mr. and Mrs. John E. Harvey. APPROVED ATTEST: City Clerk Mayor /[32 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25068. A RESOLUTION expressing the intent of Council with respect to cost of living adjustments for public employees. WHEREAS, inflation is occurring at an annual rate of 14%-20%; WHEREAS, it is not fair to ask public employees to make the major sacrifices when revenue is declining; WHEREAS, the first consideration of this Council in the budgetary process should be to address the needs of public employees who have suffered loss of purchasing power as a result of rampant inflation; WHEREAS, this Council is of the opinion that a fair and equitable cost of living increase for local public employees is in order. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council expresses its intent to appropriate sufficient funds in the City budget to provide for a 9% across the board cost of living increase for classified employees of the City in addition to normally scheduled merit increases. 2. This Council also expresses its intent to appropriate sufficient funds to the School Board such that a 9% across the board cost of living increase, plus normally scheduled merit increases, will be possible for all School Board employees, and this Council recommends to the School Board that the needs of School Board employees be given first priority in budgetary deliberations. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25070. AN ORDINANCE amending and reordaining Title XX, Businesses and Occupations, of the Code of the City of Roanoke (1956), as amended, by adding a new chapter numbered 7, consisting of Sections 1, 2, 3, 4 and 5, providing for regulation of persons who are dealers in or are in the business of purchasing secondhand or used silver, silver-plated, gold, gold-plated or pewter items, watches and jewelry, guns and coins; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Title XX, Businesses and Occupations, of the Code of the City of Roanoke (1956), as amended, is hereby amended by the addition of a new chapter numbered 7 to read and provide as follows: CHAPTER 7. DEALERS IN CERTAIN SECONDHAND MERCHANDISE Section 1. Requirement of register for dealers in cer- tain secondhand merchandise. Every person who is a dealer in or in the business of purchasing secOndhand or used silver, silver-plated, gold, gold-plated or pewter flatware, tableware or other similar household items, watches and jewelry, guns and coins shall keep at his place of business a register in which he shall record with respect to each purchase of any of the foregoing items the following information: (a) a complete and accurate description of the goods, articles or things purchased, including the number of items; (b) the time and date of receiving the same; (c) the amount of money paid for the same; and (d) the name and complete and accurate address of the person selling the goods, articles or things which information Section 2. Access of law enforcement officers to resister. The register required to be maintained by Section 1 of this Chapter shall be open to inspection by any federal, State or local law enforcement officer during business hours. Section 3. Examination of merchandise by law enforcement officers. Every person who is a dealer in or in the business of purchasing any of the items enumerated in Section 1 of this Chapter and every person in the employ of such person shall admit to his premises during business hours any federal, State or local law enforcement officer to examine any item purchased and to search for and to take into possession any article known by him to be missing or known or believed by him to have been stolen. Section 4. Purchases from minors prohibited. No person who is a dealer in or in the business of purchasing any of the items enumerated in Section 1 of this Chapter shall purchase, buy or receive, directly or indirectly, any such items from any person under the age of eighteen (18) years of age. Section 5. Penalties. Violation of any provision of Sections 1 through 4 of this Chapter shall be a Class 2 misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in jail for not more than six (6) months or by both such fine and imprisonment. 2. The City Clerk is directed to forward attested copies of this ordinance and the reports relating to such ordinance to the City of Salem, Roanoke County and the Town of Vinton with the request that these jurisdictions consider adoption of similar ordinances. 3. In order to provide for the public peace, property and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25071. A RESOLUTION establishing, until further order of the Council, the rate of reimbursement per mile to be paid to employees of the City for the use of privately owned personal motor vehicles on City business. WHEREAS, the City Council is authorized by Title II, Chapter 3, Section 17, Code of the City of Roanoke (1956), as amended, to establish, from time to time, a rate of reimbursement per mile to be paid to employees of the City for the use of privately owned personal motor vehicles on City business; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the rate of reim- bursement per mile to be paid to employees of the City for the use of privately owned personal motor vehicles on City business be, and it is hereby established at the rate of eighteen and one- half cents ($.185) per mile for the first 15,000 miles of such travel in each fiscal year and ten cents ($.10) per mile for such additional travel above 15,000 miles in such fiscal year. APPROVED ATTEST: City Clerk Mayor 1.34 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25073. AN ORDINANCE authorizing the City's execution of a written license with Norfolk & Western Railway Company, providing a right to the City to construct and maintain a storm drain and ancillary fixtures in connection with the Westland 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 and City Clerk are authorized to execute and attest, respectively, a "License for Pipe Line Facility," with the Norfolk & Western Railway Company upon its approval by the City Attorney, providing a right to the City to construct, operate and maintain a 242-foot segment of an 18-inch storm drain carrier pipe line, including one concrete endwall and one concrete manhole. This right will cost the City $200.00 initially and $120.00 per year, to be paid out of funds already appropriated for this purpose. 2. For the usual daily operation 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 28th day of April, 1950. No. 25075. AN ORDINANCE to amend and reordain Section 1, Categories and Section 2, Rates of Article II, Business, Professional and Occupational License Taxation, and Section 7, Real Estate Brokers and Salesmen of Article III, Special License Taxation of Chapter 8, License Tax Code of Title VI, Taxation, Code of the City of Roanoke (1956), as amended, by making technical rate and category adjustments; providing for refunds or exoneration of taxes in certain cases; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Section 1, Categories and Section 2, Rates of Article II, Business, Professional and Occupational License Taxation, of Chapter 8, License Tax Code of Title VI, Taxation, Code of the City of Roanoke (1956), as amended, are amended and reordained as follows: Section 1. Categories. There are established the following categories and subcategories for the purpose of setting rates for business, professional and occupational license (BPOL) taxation: (1) Contracting and persons constructing for their own account for sale. (2) Retail sales. (3) Financial, real estate (except appraisers, brokers and salesmen) and professional services. Under this category, there are established the following subcategories: (i) Loan Company; (ii) Installment Paper; (iii) Mortgage Company. (4) Repair, personal and business services and all other businesses and occupations not specifically listed or excepted in this chapter. Under this category, there are established the following subcategories: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Bath Service; Barber and Beauty Shop; Billiard Parlor; Bowling Alley; Directory Service; Health Spa; Moving, Hauling and Transfer; Pawnbroker. The terms used in this section and set out above and related terms shall be defined for the purposes of this chapter as they are defined in "Guidelines For Local Business, Professional and Occupational License Taxes," as amended from time to time, issued by the Department of Taxation, Commonwealth of Virginia, Richmond, (Guidelines), reference to which is made. Except as otherwise provided in this chapter, the Commissioner of Revenue (Commissioner), using Guidelines, shall classify into one of the categories or subcategories set forth above, the business, profession or occupation of each applicant for a license. The Commissioner is empowered to prepare and issue any other regulations necessary or appropriate for the classification of businesses, professions or occu- pations into the proper category or subcategory under both this Article and Article III of this chapter for situations not covered by Guidelines. Section 2. Rates. Except as otherwise provided in this chapter, effective (retroactively) January 1, 1980, the BPOL license tax rates per one hundred dollars 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, 1980 Contracting and persons constructing for their own account for sale $44.00 + 146/$100 Retail Sales $44.00 + 446/$100 Financial, real estate (except appraisers, brokers and salesmen) and professional services (i) Loan company (ii) Install- ment Paper (iii) Mort- gage Company $16.00 + 886/$100 506/$100 506/$100 506/$100 Repair, per- sonal and business services and all other businesses and occupa- tions not specifically listed or excepted in this chapter (i) Bath 366/$100 Service (ii) Barber and 366/$100 Beauty Shop (iii) Billiard 366/$100 Parlor (iv) Bowling 366/$100 Alley (v) Directory 366/$100 Service (vi) Health Spa 366/$100 (vii) Moving 366/$100 Hauling and Transfer (viii) Pawnbroker 366/$100 $44.00 + 446/$100 JANUARY 1, 1981 $40.00 + 146/$100 $40.00 + 406/$100 $15.00 + 766/$100 506/$100 506/$100 506/$100 $42.00 + 436/$100 366/$100 366/$100 366/$100 366/$100 366/$100 366/$100 366/$100 366/$100 JANUARY 1, 1982 (and thereafter, unless otherwise ordained) $36.00 + 146/$100 $36.00 + 356/$100 $13.00 + 656/$100 506/$100 506/$100 506/$100 $36.00 + 436/$100 366/$100 366/$100 366/$100 366/$100 366/$100 366/$100 366/$100 366/$100 136 2. That Section 7, Real Estate Brokers and Salesmen of Article III, Special License Taxation of Chapter 8, License Tax Code, of Title VI, Taxation, Code of the City of Roanoke (1956), as amended, is amended and reordained as follows: Section 7. Real estate appraisers, brokers and salesmen. A. Effective (retroactively) January 1, 1980, there is imposed upon every real estate broker as defined in Section 54-730, Code of Virginia (1950), as amended, and upon every person engaged in the business of appraising real estate, with a definite place of business or office in this city, the following annual license tax with respect to his gross receipts for the prior calendar year (or for such other applicable period) during the periods set forth: (1) from January 1, 1980 through December 31, 1980, forty-four dollars plus forty-seven cents per one hundred dollars of gross receipts; (2) from January 1, 1981 through December 31, 1981, forty dollars plus forty-seven cents per one hundred dollars of gross receipts; (3) from January 1, 1982 and thereafter, unless otherwise ordained, thirty-six dollars plus forty-seven cents per one hundred dollars of gross receipts. B. Effective January 1, 1980, there is imposed upon every real estate salesman, as defined in Section 54-731, Code of Virginia (1950), as amended, an annual license tax of fifteen dollars. 3. With respect to any person who paid, or was assessed with, a BPOL tax under Ordinance No. 24837, adopted September 17, 1979, where the tax assessed or paid exceeded the tax levied hereunder, the Commissioner of Revenue shall arrange for refunds of such erroneously paid license tax or for exonerations of the tax, as provided in Section 58-1152.1, Code of Virginia (1950), as amended; and 4. That, for the usual daily operation 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 April, 1980. No. 25076. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS ~:~, Non-Departmental (l&2) ....................... . ............... $18,912,591.97 ": (1) Net increase (A01185020002) $12,840.00 (2) Net decrease (A01188072006) 12,840.00 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 April, 1980. No. 25077. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Litter Control Grant (A356225) (1) ..................... $ - 0 - REVENUE Litter Control Grant (R356225) (2) ..................... $ - 0 - (1) Net decrease (A35622520010) (2) Net decrease (R35622521) $7,927.00 7,927.00 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 28th day of April, 1980. No. 25078. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Coordinated Youth Services Grant #79A4791 (A357458) (1) .......................................... $19,115.00 REVENUE Coordinated Youth Services Grant #79A4791 (R357458) (2) .......................................... 19,115.00 (1) Net decrease (A35745820010) (2) Net decrease (R35745821) $895.00 895.00 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 April, 1980. No. 25079. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS O.A.R. Grant #79A4809 (A357497) (1) .................... $ -0- REVENUE O.A.R. Grant #79A4809 (2) .............................. $ -0- (1) Net decrease (A35749720010) (2) Net decrease (R35749721) $98,818.00 98,818.00 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 April, 1980. No. 25080. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Legal Interns Grant #77A4390 (A357490) (1 & 2) .......... $1,792.91 REVENUE Legal Interns Grant #77A4390 (R357490) (3 & 4) .......... 1,792.91 (1) Net decrease (A35749010001) (2) Net increase (A35749095301) (3) Net decrease (R35749021) (4) Net decrease (R35749031) $164.13 164.13 154.65 9.48 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 April, 1980. No. 25081. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.D.B.G. Grant #B-75-MC-51-0020 (A356801) (1-13) .......... $ -0- REVENUE C.D.B.G. Grant #B-75-MC-51-0020 (R35684621) (14) .......... $8,827,000.00 (1) Net decrease (A35680190501) (2) Net decrease (A35680191001) (3) Net decrease (A35680191501) (4) Net decrease (A35680192001) (5) Net decrease (A35680192501) (6) Net decrease (A35680192601) (7) Net decrease (A35680193001) (8) Net decrease (A35680193501) (9) Net decrease (A35680194001) (10) Net decrease (A35680194501) (11) Net decrease (A35680195001) (12) Net decrease (A35680195501) (13) Net decrease (A35680196001) (14).Net decrease (R35684621) $ 793,968.00 102,163.00 644,127.86 96,837.00 43,637.84 152,234.30 200,000.00 100,000.00 50,000.00 35,000.00 375,000.00 36,000.00 32.00 2,629,000.00 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 April, 1980. No. 25082. 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 paragraph 1 of Resolution No. 24982. WHEREAS, the applicant organization has agreed to comply with the provisions of paragraph 2 of Resolution No. 24982. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Muscular Dystrophy Association shall be authorized to use Victory Stadium, with waiver of the standard rental fee, for a track and field meet May 17, 1980 (rain date: May 18, 1980). 2. The applicant organization shall comply with all the terms and conditions of Resolution No. 24982, dated January 28, 1980. APPROVED ATTEST: _40 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25083. 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 paragraph 1 of Resolution No. 24982. WHEREAS, the applicant organization has agreed to comply with the provisions of paragraph 2 of Resolution No. 24982. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fraternal Order of Police, Old Dominion Lodge No. 1, shall be authorized to use the parking lot at Victory Stadium, with waiver of the standard rental fee, for a circus on May 2, 3 and 4, 1980. 2. The applicant organization shall comply with all the terms and conditions of Resolu- tion No. 24982, dated January 28, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25085. AN ORDINANCE providing for the purchase of certain police uniform items for use by the City's Police Department, upon certain terms and conditions; accepting certain bids made to the City for furnishing and delivering such items; 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 Kay Uniforms, made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, police uniform shirts, meeting said City's specifications and requirements made therefor, at the total bid price of $13,977.90 be, and said bid is hereby ACCEPTED. 2. The bid of Sam's, Inc., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, police hats, meeting said City's specifications and requirements made therefor, at the total bid price of $1,995.65 be, and said bid is hereby ACCEPTED. 3. The City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue the requisite purchase orders therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said uniform items to be paid for out of funds appropriated for the purpose upon delivery to the City of said items, and upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make the requisite payment to the successful bidders of the aforesaid purchase prices, not to exceed the sums hereinabove set out. 4. The other bids received for said police uniform items are hereby REJECTED, the City Clerk to so notify said other bidders and to express the City's appreciation of 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 28th day of April, 1980. No. 25086. A RESOLUTION commending the City of Roanoke's representatives to the 1980 Session of the General Assembly for their support of the City's legislative program and their consideration of the City's position on various bills and commending the City Attorney and his staff for their work in compiling the legislative program of the City, monitoring all bills introduced at the 1980 Session and communicating the City's position to our legislators. WHEREAS, prior to the 1980 Session of the General Assembly, this Council adopted a formal legislative program prepared by the City Attorney; WHEREAS, the City's legislative program set for the position of the City on various important matters to be considered by the General Assembly in a explicit and succinct manner; WHEREAS, the City's legislative program at the 1980 Session of the General Assembly was more successful than ever before; WHEREAS, the City Attorney has reported that our legislators were most responsive and supportive of the City's positions, always accorded the City's legislative liaisons a full and fair opportunity to present the City's position on legislative matters and were most helpful in providing information to City officials charged with the responsibility of monitoring legislation; 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 this City and its citizens at the 1980 Session of the General Assembly, and Council expresses to the Honorable Ray L. Garland and the Honorable Dudley J. Emick, Jr., Members of the Senate of Virginia, and to the Honorable A. Victor Thomas, the Honorable Clifton A. Woodrum, III, the Honorable C. Richard Cranwell and the Honorable Raymond R. Robrecht, Members of the House of Delegates, its sincere thanks and deepest appreciation for their responsiveness to the legislative needs of the City and its citizens. 2. Council extends to the City Attorney, Wilburn C. Dibling, Jr., and the Assistant City Attorneys, William X Parsons, William M. Hackworth and Richard B. Kaufman, its appreciation for their service in monitoring bills introduced at the past Session and for their able representa- tion of the City's iegisiative interests. 3. The City Clerk is directed to transmit an attested copy of this resolution of appre- ciation to the concerned parties. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of April, 1980. No. 25087. AN ORDINANCE establishing the position of Clerk of the Circuit Court of the City of Roanoke in the Pay and Classification Plans of the City and placing the incumbent Clerk at an appropriate range and step in such Plans; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The position of Clerk of the Circuit Court of the City of Roanoke shall be included in the Pay and Classification Plans of the City. 2. The range established for such position shall be Range 30 (Range 30L for the incumbent as a result of her longevity). 30L. 3. The incumbent Clerk, the Honorable Patsy Testerman, shall be paid at Step A of Range 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 January 1, 1980. APPROVED %N THE COUNCIL OF THE CITY The 5th day of May, 1980. No. 25069. OF ROANOKE, VIRGINIA, AN ORDINANCE to adopt and provide a new Pay Plan for the employees of the City of Roanoke effective July 1, 1980; amending and modifying Ordinance No. 24647 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 i City's classified employees in the City's employ on and after July 1, 1980, the Pay Plan hereinafterI set out in its entirety, which shall read and provide as follows: CITY OF ROANOKE PAY PLAN AS PREPARED BY BUDGET & SYSTEMS OFFICE EFFECTIVE JULY 1, 1980 SALARY RANGE HOURLY (LONGEVITY RANGE) EQUIV. STEP A STEP B STEP C STEP D STEP E STEP F ANNUAL EQUIV. (6,471.92) (6,795.62) (7,135.44)(7,492.16)(7,866.82) 1 3.115 248.92 261.37 274.44 288.16 302.57 317.70 8,260.20 2 (iL) 3.2671 261.37 274.44 288.16 302.57 317.70 333.59 8,673.34 3 (2L) 3.4305 274.44 288.16 302.57 317.70 333.59 350.27 9,107.02 4 (3L) 3.6020 288.16 302.57 317.70 333.59 350.27 367.78 9,562.28 5 (4L) 3.7821 302.57 317.70 333.59 350.27 367.78 386.17 10,040.42 6 (5L) 3.9712 317.70 333.59 350.27 367.78 386.17 405.48 10,542.48 7 (6L) 4.1698 333.59 350.27 367.78 386.17 405.48 425.75 11,069.50 8 (7L) 4.3783 350.27 367.78 386.17 405.48 425.75 447.04 11,623.04 9 (8L) 4.5972 367.78 386.17 405.48 425.75 447.04 469.39 12,204.14 10 (9L) 4.8271 386.17 405.48 425.75 447.04 469.39 492.86 12,814.36 11 (10L) 5.0685 405.48 425.75 447.04 469.39 492.86 517.50 13,455.00 12 (llL) 5.3219 425.75 447.04 469.39 492.86 517.50 543.38 14,127.88 13 (12L) 5.5880 447.04 469.39 492.86 517.50 543.38 570.55 14,834.30 14 (13L) 5.8674 469.39 492.86 517.50 543.38 570.55 599.08 15,576.08 15 (14L) 6.1608 492.86 517.50 543.38 570.55 599.08 629.03 16,354.78 16 (15L) 6.4688 517.50 543.38 570.55 599.08 629.03 660.48 17,172.48 17 (16L) 6.7922 543.38 570.55 599.08 629.03 660.48 693.50 18,031.00 18 (17L) 7.1318 570.55 599.08 629.03 660.48 693.50 728.17 18,932.42 19 (18L) 7.4884 599.08 629.03 660.48 693.50 728.17 764.58 19,879.08 20 (19L) 7.8628 629.03 660.48 693.50 728.17 764.58 802.81 20,873.06 21 (20L) 8.2559 660.48 693.50 728.17 764.58 802.81 842.95 21,916.70 22 (21L) 8.6687 693.50 728.17 764.58 802.81 842.95 885.10 23,012.60 23 (22L) 9.1021 728.17 764.58 802.81 842.95 885.10 929.36 24,163.36 24 (23L) 9.5572 764.58 802.81 842.95 885.10 929.36 975.83 25,371.58 25 (24L) 10.0351 802.81 842.95 885.10 929.36 975.83 1,024.62 26,640.12 26 (25L) 10.5369 842.95 885.10 929.36 975.83 1,024.62 1,075.85 27,972.10 27 (26L) 11.0637 885.10 929.36 975.83 1,024.62 1,075.85 1,129.64 29,370.64 28 (27L) 11.6169 929.36 975.83 1,024.62 1,075.85 1,129.64 1,186.12 30,839.12 29 (28L) 12.1977 975.83 1,024.62 1,075.85 1,129.64 1,186.12 1,245.43 32,381.18 30 (29L) 12.8076 1,024.62 1,075.85 1,129.64 1,186.12 1,245.43 1,307.70 34,000.20 31 (30L) 13.4480 1,075.85 1,129.64 1,186.12 1,245.43 1,307.70 1,373.08 35,700.08 32 (31L) 14.1204 1,129.64 1,186.12 1,245.43 1,307.70 1,373.08 1,441.73 37,484.98 33 (32L) 14.8264 1,186.12 1,245.43 1,307.70 1,373.08 1,441.73 1,513.82 39,359.32 34 (33L) 15.5677 1,245.43 1,307.70 1,373.08 1,441.73 1,513.82 1,589.51 41,327.26 35 (34L) 16.3461 1,307.70 1,373.08 1,441.73 1,513.82 1,589.51 1,668.99 43,393.74 36 (35L) 17.1634 1,373.08 1,441.73 1,513.82 1,589.51 1,668.99 1,752.44 45,563.44 37 (36L) 18.0216 1,441.73 1,513.82 1,589.51 1,668.99 1,752.44 1,840.06 47,841.56 38 (37L) 18.9227 1,513.82 1,589.51 1,668.99 1,752.44 1,840.06 1,932.06 50,233.56 39 (38L) 19.8688 1,589.51 1,668.99 1,752.44 1,840.06 1,932.06 2,028.66 52,745.16 40 (39L) 20.8622 1,668.99 1,752.44 1,840.06 1,932.06 2,028.66 2,130.09 55,382.34 41 (40L) 21.9053 1,752.44 1,840.06 1,932.06 2,028.66 2,130.09 2,236.59 58,151.34 (41L) 23.0006 1,840.06 1,932.06 2,028.66 2,130.09 2,236.59 2,348.42 61,058.92 (24.1506) (25.3581) (26.6260) (27.9573) (29.3552) are based on hourly rates. NOTE: Bi-weekly pay amounts 2. Ordinance No. 24647, heretofore adopted on May 23, 1979, 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 ROANOKE, VIRGINIA, The 5th day of May, 1980. No. 25072. AN ORDINANCE amending Section 42, Throush Trucks Entering City, of Article V, Operation of Vehicles, of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1956), as amended, prohibiting the general use of trucks in certain desig- nated residential streets in this City. WHEREAS, this Council finds that the general health, safety and welfare require the prohibition of the general use of larger trucks on certain designated residential streets in this City. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 42, Throush Trucks Enterin8 City, of Article V, Operation of Vehicles, of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1956), as amended, is amended and reordained as follows: Section 42. Trucks in City. (a) The operator of every through truck entering the city at any point shall proceed through the city on a through-truck route and upon no other street of said city, and it shall be unlawful for any such operator to deviate from those streets designated and marked as through-truck routes; provided, however, that deviations therefrom may be made for the purpose of making or receiving truck deliveries elsewhere in the city other than along said route. (b) Except as provided below, the use of trucks on particular designated segments of city streets upon which the City Manager has caused to be erected appropriate signs or markers shall be prohibited. (c) Trucks may be used on the streets on which the City Manager has caused to be erected appropriate signs or markers for the purposes of receiving loads or making deliveries at points on the designated segments of these streets. (d) The word "truck" shall mean every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7500 pounds (3,402 kilograms). (e) Any person who violates any provision of this section shall, upon conviction, be guilty of a Class 3 misdemeanor and punished as provided for in Section 18.2-11(c), Code of Virginia (1950), as amended. In addition, any violation of this section is 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 1980. No. 25074. AN ORDINANCE amending and reordaining Ordinance No. 25043, adopted A~ril 7, 1980, adopting and enacting a new Code for the City of Roanoke, to provide that such new Code shall be known as "Code of the City of Roanoke (1979)". BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of Ordinances adopted and enacted by Ordinance No. 25043 on April 7, 1980, shall be known as "Code of the City of Roanoke (1979)". 2. Ordinance No. 25043, dated April 7, 1980, shall remain in full force and effect except as amended by this ordinance. APPROVED ATTEST: 144 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 1980. No. 25084. AN ORDINANCE authorizing the Wilmont Recreation Club to construct a permanent storage building in Strauss Park, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Wilmont Recreation Club is hereby authorized to construct a permanent structure for the storage of athletic equipment within Strauss Park, in such location, and of such materials and design as may be approved by the City Manager. 2. Upon completion, the Wilmont Recreation Club shall have the right to use the aforesai~ structure for the storage of athletic equipment, subject to such reasonable rules and regulations as may be established by the City Manager. The Council reserves the right to cause this use to be discontinued at any time for good cause. 3. The Wilmont Recreation Club shall be solely responsible for the maintenance and upkeep of the aforesaid structure for such period of time that it is used by the said organization. 4. Upon completion of the aforesaid structure, the structure shall become the property of the City of Roanoke. 5. The Wilmont Recreation Club agrees that it, its officers, agents, grantees, assigns, or successors in interest shall indemnify and hold harmless the City of Roanoke from any and all claims, legal actions and judgments advanced against the City and for any expenses the City may incur in this regard, arising out of the construction of the aforesaid structure. 6. The City Clerk shall transmit an attested copy of this ordinance to the Wilmont Recreation Club. 7. 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 Wilmont Recreation Club, 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 , 1980. ATTEST: (Title) WILMONT RECREATION CLUB By (Title) ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 1980. No. 25088. A RESOLUTION providing for the appointment of five viewers, any three of whom may act, in connection with the application of Reid Jones, Jr., and Garland E. Carroll to permanently vacate, discontinue and close that certain portion of 21st Street extending from the southerly side of Patterson Avenue, N.W., to northerly line of a 12 foot width alley extended; and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that said peti- tioners did on April 23, 1980, duly and legally post as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of their application to be made this day to the Council of the City of Roanoke, Virginia, to close that certain street located in the City of Roanoke, Virginia, shown on Sheet No. 131 of the Tax Appraisal Map of the City of Roanoke, Virginia, more particularly described as follows, to wit: That certain portion of 21st Street extending from the southerly side of Patterson Avenue, N. W., to northerly line of a 12 foot width alley extended, and that a copy of the notice was posted on the front door of the Courthouse of the Circuit Court House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance) as provided by the aforesaid Section of the Virginia Code, as amended, all of which is verified by an affidavit attached to the application addressed to the Council requesting that the hereinabove described street be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that more than ten (10) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the aforesaid street; and WHEREAS, the applicants have requested that five viewers, any three of whom may act, be appointed to view the hereinabove described street sought to be permanently vacated, discontinued and closed and report in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. William P. Wallace, Dewey H. Marshall, Harry Whiteside, Jr., Dale Poe and R. R. Quick, any three of whom may act, be appointed as viewers, to view the aforesaid described street and report in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion, any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the above described street, be, and the said proposal is hereby referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 1980. No. 25090. AN ORDINANCE providing for the construction of the Richard Avenue, S. E., storm drain, 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 J. P. Turner and Brothers, Inc., for furnishing all necessary equipment, labor and materials for construction of the Richard Avenue, S. E., storm drain, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $32,678.00, cash, based upon unit prices, be and said proposal is hereby ACCEPTED. 2. The City Manager be, and he is hereby authorized and directed to enter into contract on behalf of the City with the aforesaid bidder providing for the construction of said storm drain, such contract to incorporate the terms of said bidder's proposal, the City's plans and specifications for said work, the terms of this ordinance, and such other reasonable terms and conditions deemed to be appropriate by the City Manager, such contract to be upon such form as is approved by the City Attorney. 3. The other bids made to the City for the performance of the aforesaid work be, and said bids are hereby REJECTED, the City Clerk to so notify said bidders and to express to each bidder the City's appreciation of 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 May, 1980. No. 25096. A RESOLUTION approving the location and major design features of the Hershberger Road highway project in the City of Roanoke and requesting the Virginia Department of Highways and Transportation to begin right-of-way acquisition. WHEREAS, a public hearing was conducted on January 30, 1980, in the City of Roanoke by representatives of the Virginia Department of Highways and Transportation for the purpose of con- sidering the location and design of the Hershberger Road highway project (0101-128-102, PE 101, R/W- 201, C-501, B-601, B-602, B-603, B-604), in the City of Roanoke at which hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with State and Federal requirements; WHEREAS, all persons and parties in attendance were afforded full opportunity to partici- pate in said public hearing; WHEREAS, representatives of the City of Roanoke were present and participated in said hearing; WHEREAS, the Council has previously requested the Virginia Department of Highways and Transportation to program this project; and WHEREAS, Council has considered all of the foregoing matters; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The location and major design features of the proposed project as presented at the public hearing are approved. 2. The Virginia Department of Highways and Transportation is requested to a~quire all rights-of-way necessary for this project conveying such rights-of-way as lie in this City to the City of Roanoke at the appropriate time. 3. The City Manager is directed to transmit an attested copy of this resolution to the State Highway and Transportation Commissioner through appropriate channels. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 1980. No. 25097. A RESOLUTION setting forth the intent of the City of Roanoke with respect to the continuin traffic access needs of businesses and property owners in the area of the proposed Hershberger Road, N. W., improvements. WHEREAS, improvement of Hershberger Road, between Cove Road and Williamson Road, N. W., has been designated Priority No. 1 in the City of Roanoke's Comprehensive Plan Thoroughfare Element; WHEREAS, by Resolution No. 24254, dated July 10, 1978, this Council has previously expressed its intent to cooperate and work with the owners of properties and business establishments on Hershberger Road in the area to be improved in an effort to provide adequate vehicular access to these properties and businesses so as not to depreciate the substantial economic investment these owners have made on Hershberger Road and has requested the State Department of Highways and Transportation to consider the traffic access needs of all properties and business establishments located on Hershberger Road in the area to be improved; WHEREAS, certain owners Of property abutting Hershberger Road in the area to be improved have expressed concern to Council about the continuing vehicular access needs of their properties; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council reaffirms its intentions and requests as expressed in Resolution No. 24254, dated July 10, 1978, and Council readopts said resolution. 2. It is the intention of City Council to develop a system of roads to reasonably meet the continuing vehicular traffic needs of businesses and property owners in the Hershberger Road and Aviation Drive area and to take such action in the future as is necessary to cause such road system to continue to reasonably accommodate the traffic needs of such area. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 1980. No. 25098. A RESOLUTION authorizing the execution of an agreement between the City of Roanoke and the Fifth Planning District Commission for a Data Maintenance Report for the Roanoke Valley Area Transportation Plan. BE IT RESOLVED by the Council of the City of Roanoke that 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, an agreement, on form approved by the City Attorney, between the City of Roanoke and the Fifth Planning District Commission to provide for the City to prepare a 1979 Data Maintenance Report for the Roanoke Valley Area Transportation Plan and to provide for payment to the City for preparation of said report pass-through funds from the Federal Highway Administration and the Virginia Department of Highways and Transportation in a sum of not less than $9,038.00. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 1980. No. 25099. 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 paragraph 1 of Resolution No. 24982. WHEREAS, the applicant organization has agreed to comply with the provisions of paragraph 2 of Resolution No. 24982. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Mill Mountain Zoo, Inc., shall be authorized use of Victory Stadium, with waiver of the standard rental fee on June 15, 1980, or, in case the events are postponed by virtue of in- clement weather, on June 22, 1980. 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 12th day of May, 1980. No. 25100. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sewage Treatment Fund (l&2) .................... $10,424,365.00 (1) Net increase (A03200321010) (2) Net decrease (A03240125515) $60,000.00 60,000.00 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 12th day of May, 1980. No. 25101. AN ORDINANCE providing for the purchase of traffic signal controller parts and cabinet parts for maintenance of the CBD signal system, upon certain terms and conditions; accepting certain bids made to the City for furnishing and delivering such parts; 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 Econolite Control Products of Richmond, Virginia, made to the City, offering to furnish and deliver to the City, f.o.b., factory with full freight allowed to City, various traffic signal controller parts as set forth in said City's specifications and requirements made therefor, at the total bid price of $85,029.50 be, and said bid is hereby ACCEPTED; 2. The bid of J. O. Herbert, III Company, Inc. of Midlothian, Virginia, made to the City, offering to furnish and deliver to the City, f.o.b., Avon Lake, Ohio, prepaid and allowed, various parts for Winko-Matic traffic signal cabinets as set forth in said City's specifications and requirements made therefor, at the total bid price of $15,095.00 be, and said bid is hereby ACCEPTED; 3. The City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue the requisite purchase orders therefor, incorporating into each said order, respectively, the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said parts to be paid for out of funds appropriated for the purpose upon delivery to the City of said parts, and upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to each said successful bidder of the aforesaid purchase price, not to exceed the sum hereinabove set out; 4. The other bids received for said parts are hereby REJECTED, the City Clerk to so notify said other bidders and to express the City's appreciation of said bids; and 5. In order to provide for the usual daily operation of the municipal government an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 1980. No. 25102. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Education (1) ................................. $31,315,243.00 REVENUE School Revenue (2,3,4) ........................ 17,183,386.00 (1) Net increase (A01190165801) (2) Net increase (R01190401) (3) Net increase (R01190601) (4) Net increase (R01190801) $259,700.00 12,100.00 236,100.00 11,500.00 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 May, 1980. No. 25103. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Capital Projects 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 1979-80 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Cultural Center Parking Garage (1) .................. $ 350,150.00 Capital Improvement Reserve (2) ..................... 3,030,350.00 (1) Net increase (A08503090050) (2) Net decrease (A08600172501) $348,650.00 348,650.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST City Clerk Mayor 1_.52 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 1980. No. 25104. AN ORDINANCE directing and providing for the acquisition of certain parcels of land in fee simple needed by the City as the site for a publicly owned off-street parking facility in the City; fixing the consideration to be offered to be paid by the City for said parcels of land and the other terms and provisions of such acquisition; authorizing the City Manager or his designee to enter upon the subject land for the purpose of making surveys, tests, borings and the like; providing for the. City's acquisition of said land by condemnation, under certain circumstances; and providing for an emergency. WHEREAS, pursuant to Section 2(12.1) of the Charter of the City of Roanoke and in order to provide a site for publicly owned offstreet parking facility in the City, in order to relieve congestion of traffic in and on the streets of the City and to promote the safety and general welfare of the residents of the City, the parcels of land hereinafter described are wanted and needed by the City for the purposes of the constructing and providing thereon a public parking garage for motor vehicles, which properties must be acquired in fee simple for the proper construc- tion of said facility; and WHEREAS, and as authorized by the Council, the City Manager has been in negotiation with the owners of the properties above referred to, seeking to reach agreement as to the terms and purchase prices upon which said properties might be acquired by the City; WHEREAS, the City has caused appraisals to be made of the fair market value of the hereinafter described properties, on the basis of which the valuations hereinafter set out with respect to each of said properties are considered by the Council to be fair and reasonable and to reflect their fair market values; and funds sufficient for the payment of the purchases prices hereinafter authorized to be paid have been appropriated contemporaneously herewith by the Council for the purpose; and WHEREAS, it is necessary for the immediate preservation of the public safety and for the usual daily operation of the municipal government that this ordinance take effect upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke wants and needs a site for construction of a publicly owned off- street parking facility, namely, a public parking or storage garage, and the proper City officials be, and are hereby authorized to acquire for said City for such purpose, from the owner or owners of the parcels of land hereinafter described and for the prices set out opposite each said parcel, the fee simple title, in and to the following described parcels of land situate in the City of Roanoke, Virginia, on the south side of Campbell Avenue, S. W., said parcels of land being described as follows, viz: Parcel 1. Lots 130, 131 and 132, Ward 5, Roanoke Land and Improvement Map, bearing Official No. 4010805, accor- ding to the Official Tax Appraisal Map of said City - $181,000.00 cash Parcel 2. Lots 133, 134 and 135, Ward 5, Roanoke Land and Improvement Map, bearing Official No. 4010806, accor- ding to the Official Tax Appraisal Map of said City - $167,650.00 cash. 2. That the City Manager be, and he is hereby authorized and directed to make, on behalf of the City, further written offers to the owner or owners of each parcel of land set out and described in the preceding paragraph to purchase for the City in fee simple and free from all encumbrances the properties hereinabove described, offering and committing the City to pay the cash purchase price set out opposite each above-described parcel, and to execute option agreements or contracts of sale for the same; and upon acceptance of such offer and upon delivery to the City of a good and sufficient deed of conveyance, approved as to form by the City Attorney and upon certification of the title thereto, the Director of Finance be, and he is hereby authorized and directed to make payment to the owner or owners acceptins said offer the consideration hereinabove set out with respect to each aforesaid parcel of land, such payment to be made to such persons as are certified by the City Attorney to be entitled to the same. 3. The City Manager or his designee is hereby authorized to enter upon the properties hereinabove described, in accordance with the provisions of State law, for the purpose of making surveys, borings, appraisals or other examinations for the purpose of determining the suitability of such property for the project proposed. 4. Should the City be unable, within seven (7) days from the adoption of this ordinance, to reach agreement with the respective owner or owners of each aforesaid parcel of land hereinabove set out for the City's purchase of the same for the consideration herein provided, the City Attorney is hereby authorized and directed to institute, in a court of competent jurisdiction in the City, condemnation proceedings to acquire for the City the fee simple title to such land as is hereinabove set out and described and as the City is unable to acquire by purchase as hereinabove provided. 5. Should it be necessary to file condemnation proceedings, the City Attorney is hereby authorized to file, contemporaneously with the filing of the petition for condemnation or thereafter. a motion seeking a right of entry into and taking possession of by the City the said property at such time as is determined to be necessary by the City Engineer, and the Director of Finance, upon request of the City Attorney, is hereby authorized to pay into the court wherein said condemnation proceedings are pending the sums set out hereinabove for the acquisition of said property. 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 19th day of May, 1980. No. 25105. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1980, and ending June 30, 1981; 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, 1980, and ending June 30, 1981, shall constitute a General Fund and that as much of the same as may be necessary be, and the mame is hereby appropriated to the following uses and purposes, to-wit: REVENUE General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Revenue Non-Revenue Receipts Internal Services $25,052.400.00 19,615,055.00 269,600.00 414,000.00 993,000.00 27,556,491.00 4,767,016.00 2,093,242.00 1,188,082.00 1,033,702.00 2,104,176.00 Total Revenue $85,086,764.00 APPROPRIATIONS Council City Clerk City Manager - Administration Budget and Systems Citizen's Request City Attorney Director of Finance Division of Billings and Collections Commissioner of Revenue Treasurer Real Estate Assessor Board of Equalization of Real Estate Municipal Auditing Director of Utilities and Operations Director of Administration and Public Safety Personnel Director of Human Resources Director of Public Works Electoral Board Circuit Court Clerk of Circuit Court General District Court Juvenile and Domestic Relations Court Sheriff Law Library Commonwealth's Attorney Police - Administration Police - Investigation Police - Patrol Police - Services Police - Training $ 80,651.00 109,419.00 197,899.00 78,560.00 75,161.00 204,646.00 379,457.00 373,157.00 313,037.00 270,900.00 342,179.00 25,985.00 154,905.00 88,609.00 58,784.00 202,939.00 79,975.00 40,648.0O 81,969.00 72,015.00 323,625.00 10,670.00 408,246.00 378,349.00 20,859.00 235,479.00 77,328.00 831,724.00 2,914,999.00 396,153.00 71,220.00 154 APPROPRIATIONS - CONT. Fire - Administration Fire - Prevention Fire - Suppression Fire - Training 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 Hospitalization of Indigents Burial of Indigents Nursing Home Roanoke City Public Schools Community College Community Education 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 Cooperative Extension Program Fringe Benefits Miscellaneous Transfers to Other Funds Contingencies 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 Vehicle Maintenance Personnel Lapse Contingency Total Appropriations 48,007.00 142,893.00 3,944,097.00 22,795.00 1,159,553.00 315,667.00 78,626.00 50,996.00 133,765.00 153,521.00 240,106.00 63,888.00 69,030.00 10,000.00 132,050.00 436,750.00 321,186.00 1,791,888.00 620,000.00 206,947.00 314,474.00 276,736.00 255,198.00 2,260,964.00 3,545,205.00 177,000.00 5,365.00 625,533.00 30,900,233.00 2,930.00 15,000.00 684,839.00 27,350.00 57,601.00 23,900.00 27,000.00 704,376.00 150,567.00 81,177.00 18,420.00 86,570.00 1,436,505.00 55,495.00 5,260,267.00 125,000.00 9,049,995.00 426,612.00 757,316.00 495,319.00 120,975.00 535,149.00 168,546.00 501,544.00 2,283,078.00 1,373,077.00 1,562,824.00 515,417.00 888,715.00 949,180.00 (500,000.00 $85~086~764.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another; 4. That this Ordinance shall be known and cited as the 1980-81 General Fund Appropriation Ordinance; and 5. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 1980. No. 25106. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1980, and ending June 30, 1981; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Water Fund in the fiscal year beginning July 1, 1980, and ending June 30, 1981, and any surplus funds as of June 30, 1980, shall constitute a Water Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating Non-Operating $3,225,353.00 458,600.00 Total Revenue $3,683,953.00 APPROPRIATIONS General Operating Expense Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay $1,752,017.00 360,566.00 392,925.00 658,000.00 93,822.00 1,067,840.00 Total Appropriations $4,325,170.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof, 3. That this Ordinance shall be known and cited as the 1980-81 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, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 1980. No. 25107. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1980, and ending June 30, 1981; 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, 1980, and ending June 30, 1981, and any surplus funds as of June 30, 1980, shall constitute a Sewage Treatment Fund and that, as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating Non-Operating $4,065,292.00 11,100.00 Total Revenue $4,076,392.00 APPROPRIATIONS General Operating Expenses Lateral Maintenance and Replacement Depreciation $3,394,915.00 400,000.00 700.000.00 2. That all salaries and wages covered by the Fay 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 1980-81 Sewage Treatment Fund Appropriation Ordinance; and 4. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 1980. No. 25108. AN ORDINANCE adopting the annual Municipal Airport Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1980, and ending June 30, 1981; 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 Municipal Airport Fund in the fiscal year beginning July 1, 1980, and ending June 30, 1981, and any surplus funds as of June 30, 1980, shall constitute a Municipal 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 Non-Operating $1,504,500.00 51,000.00 Total Revenue $1~555~500.00 APPROPRIATIONS Operating Expense Depreciation Interest Expense Capital Outlay Total Appropriations $1,259,540.00 336,000.00 42,458.00 55,000.00 $1,692,998.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1980-81 Municipal 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, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 1980. No. 25109. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1980, and ending June 30, 1981; 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, 1980, and ending June 30, 1981, and any surplus funds as of June 30, 1980, 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 $ 551,500.00 Non-Operating 672,516.00 Total Revenue $1,224,016.00 APPROPRIATIONS Operating Expense Promotional Expense Depreciation Capital Outlay $1,161,966.00 59,250.00 325,000.00 2,800.00 Total Appropriations $1,549,016.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1980-81 Civic Center Fund Appropriation Ordinance; and 4. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 1980. No. 25110. AN ORDINANCE accepting the bid of E. C. Pace Company, Inc., of Roanoke, Virginia, for construction of a water main extension from King Street in Roanoke to Wolf Creek in Vinton, 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 E. C. Pace Company, Inc., of Roanoke, Virginia, made to the City in the total amount of $292,511.00 for construction of a water main extension from King Street in Roanoke to Wolf Creek in Vinton (Falling Creek main), 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 E. C. Pace 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 shall 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. it 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 May, 1980. No. 25093. AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke,ii! 1956, as amended, and Sheet No. 510, Sectional 1976 Zone Map, City of Roanoke, in relation to ill Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Hubert and Prentice Murphy, Tax No. 5100906 - .5 acre; Hubert and Prentice Murphy, Tax No. 5100904'- .67 acre; and Estate of J. Roland King, Tax No. 5100903 - .32 acre rezoned to C-1 District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time pro- vided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 12th day of May, 1980, 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 Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 510 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: '~ Properties of Hubert and Prentice Murphy, Tax No. 5100906 - .5 acre; Hubert and Prentice Murphy, Tax No. 5100904 - .67 acre; and Estate of J. Roland King, Tax No. 5100903 - .32 acre, be, and they are hereby, changed from Single-Family Residential District, RS-I, to Office and Institu- tional District, C-l, with the following conditions attached thereto: A. That construction will be limited to two stories. B. That the mechanical equipment be shielded from view from surrounding residences. C. That the trash area be shielded from view. D. That lighting shall be restricted as to not shine on surrounding residences. E. That the size of signs be limited accordingly as to meet the requirements of the Code of the City of Roanoke. F. That a buffer of evergreen trees shall be planted and maintained along Mc Vitty Road. G. That it will be for non-medical office use only. H. That it will be residential style construction. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25094. AN ORDINANCE to alter, close, or discontinue Corbieshaw Road, S. W., to through traffic by barricading or blocking said road at or near its intersection with the southwest City limits, so as to prevent through traffic over Corbieshaw Road between Ashby Street, S. W., and the southwest City limits. WHEREAS, application has been made to the Council of the City of Roanoke, Virginia, to have Corbieshaw Road, S. W., closed at or near its intersection with the southwest City limits, so as to prevent through traffic over Corbieshaw Road between Ashby Street, S. W., and the southwest City limits. WHEREAS, by Resolution No. 24984, viewers were appointed on February 4, 1980 to view the aforesaid street and area and to submit their report in writing, and said viewers viewed the area to be affected and thereafter submitted their report in writing under oath that in their opinion no inconvenience will result from the vacation, discontinuance, and closing of the abovedescribed street, nor will any of the rights or privileges of the landowners in the area of the above described terminus be abridged or destroyed; and recommended to City Council that Corbieshaw Road, S. W., at or near its intersection with the southwest City limits be closed so as to prevent through traffic over Corbieshaw Road between Ashby Street, S. W., and the southwest City limits. WHEREAS, by said Resolution 24984, this matter was also referred to the City Planning Commission for its study, report and recommendation. The City Planning Commission considered the request at its meeting on April 2, 1980, and has submitted its report and recommendation to City Council recommending that Corbieshaw Road be closed and that a cul-de-sac be used, if feasible. WHEREAS, a Public Hearing on the request of the applicants was held by City Council on the 12th day of May, 1980, at 7:30 p.m., at which hearing all parties in interest and citizens were given an opportunity to be heard both for and against the proposed discontinuance of Corbieshaw Road as a through Street. WHEREAS, upon due consideration of the matter, all land proprietors to be affected thereby having been duly notified, the Council is of the opinion that no substantial inconvenience will result to the landowners in the area or to the public in general from the alteration, closing or discontinuance of Corbieshaw Road at or near its intersection with the southwest City limits, so as to prevent through traffic over Corbieshaw Road between Ashby Street, S. W., and the southwest City limits; that said alteration, closing, or discontinuance would substantially improve or maintain the area as a residential sub-division; and that, in view of all the circumstances, the application should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that Corbieshaw Road be altered, closed or discontinued to through traffic by the erection of such scenic divider, barricade, guard rail, fence, cul-de-sac, or other similar device or devices as the City Engineer might approve at or near the intersection of Corbieshaw Road, S. W., with the southwest City limits, so as to prevent through traffic over Corbieshaw Road between Ashby Street, S. W., and the southwest City limits. BE IT FURTHER ORDAINED that appropriate warning signs be installed and maintained on both sides of said barricade, and that appropriate signs be installed at the southwest City limits and at the intersection of Ashby Street, S. W., and Corbieshaw Road, or as otherwise appropriate, to indicate that it is a dead-end street or otherwise closed to through traffic. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to make proper notations of the discontinuance of Corbieshaw Road as a through street from Ashby Street, S. W., to the southwest City limits, on the maps and plats on file in his office on which Eorbie- shaw Road appears. BE IT FURTHER ORDAINED, however, that the City of Roanoke expressly reserves unto itself easements for the utilities presently existing in said Corbieshaw Road. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE C%TY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25111. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Water 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 1979-80 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Water Fund (1 & 2) ..................................... $6,510,461.00 (1) Net increase (A02201021010) (2) Net decrease (A02200240003) $40,000.00 4O,OOO.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 27th day of May, 1980. No. 25112. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Jail (1) ......................................... $1,052,209.00 Contingency Reserve (2) .......................... 145,261.94 (1) Net increase (A01071621010) (2) Net decrease (A01188072006) $15,500.00 15,500.00 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 27th day of May, 1980. No. 25113. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Capital Projects 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 1979-80 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended an¢ reordained to read as follows, in part: CAPITAL PROJECTS FUND APPROPRIATIONS Urban Redevelopment (1-3) ............................... $ 325,000.00 Other Public Buildings (4) .............................. 6,366,750.00 Capital Improvement Reserve (5) ......................... 2,877,750.00 (1) Net increase (A08381090055) (2) Net increase (A08381090056) (3) Net increase (A08381090099) (4) Net increase (A08503090055) (5) Net decrease (A08600172501) 68,850.00 33,950.00 22,200.00 27,600.00 125,000.00 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 May, 1980. No. 25114. AN ORDINANCE authorizing the City Manager to enter a contract with Hayes, Seay, Mattern & Mattern to provide architectural services identified as Phase I Design Services for the proposed Cultural Center Parking Garage; 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, respectively, an agreement with Hayes, Seay, Mattern & Mattern, Architects, Engineers and Planners, of Roanoke, Virginia, for the provision by such firm of architectural services identified as Phase I Design Services for the proposed Cultural Center Parking Garage, such services being more particularly set forth in report of the City Manager dated March 24, 1980, and the attachments thereto. 2. The maximum compensation to Hayes, Seay, Mattern & Mattern for Phase I Design Services, field surveys and subsurface investigation shall not exceed $27,600 without approval of this Council. 3. The form of the contract with Hayes, Seay, Mattern & Mattern 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 1,62 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25115. AN ORDINANCE authorizing the City Manager to enter into contracts with Hayes, Seay, Mattern & Mattern for design management services for certain projects and with Freeman and Roberts Associates of Bordentown, New Jersey, for cost consulting services with respect to the same projects; 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, respectively, an agreement with Hayes, Seay, Mattern & Mattern, Architects and Engineers, of Roanoke, Virginia, for the provision by such firm of design management services as outlined in the report of the City Manager, dated March 24, 1980, for certain construction projects specifically set forth in such report; 2. The maximum compensation to Hayes, Seay, Mattern & Mattern under the basic contract for Phase I shall be $68,850.00 which shall not be increased without approval of this Council; 3. The form of the contract between Hayes, Seay, Mattern & Mattern and the City shall be approved by the City Attorney; 4. The City Manager and the City Clerk shall be authorized to execute and attest, respectively, an agreement with Freeman and Roberts Associates, of Bordentown, New Jersey, for cost consulting services described in the report of the City Manager, dated March 24, 1980, for con- struction projects specifically set forth in said report; 5. The maximum compensation to Freeman and Roberts Associates under thebasic contract shall not exceed $33,950.00 without approval of this Council; 6. The form of the contract with Freeman and Roberts Associates shall be approved by the City Attorney; and 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25116. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 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-79-MC-51-0020 (A356805) (1 & 2) ....................... $2,576,567.57 (1) Net decrease (A35680598001) (2) Net increase (A35680595080) $23,162.00 23,162.00 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 May, 1980. No. 25117. AN ORDINANCE authorizing an additional payment to the firm of Frantz and Chappelear, Architects, for professional services in connection with certain additions to the City's Juvenile Detention Home; amending Ordinance No. 24221; 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 pay to the firm of Frantz and Chappelear, Architects, the sum of $600.00 from funds available in the City's Juvenile Detention Home project account, for professional services rendered in connection with work performed pursuant to Change Order No. 2 to the contract providing for certain alterations and additions to the Juvenile Detention Home. 2. Ordinance No. 24221, adopted by Council on June 26, 1978, be and it is hereby amended· to provide that the firm of Frantz and Chappelear, Architects, shall be paid for services performed in connection with certain alterations and additions to the City's Juvenile Detention Home a sum not to exceed a total of $42,161.90 without the further authorization of Council. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25118. A RESOLUTION urging the Virginia Historic Landmarks Con~nission and the United States Department of the Interior to place the Junius Fishburn House on the Virginia Landmarks Register and the National Register, respectively. WHEREAS, there is pending before the Virginia Historic Landmarks Commission a proposal for inclusion of the Junius Fishburn House in the City of Roanoke on the Virginia Landmarks Register; WHEREAS, inclusion on the Virginia Landmarks Register will result in the Historic Landmarks Commission's nominating this property to the National Register of Historic Places maintained by the United States Department of the Interior; WHEREAS, being placed on such Registers would give the property recognition as a cultural resource, a recognition which is richly deserved because of the property's historic associations and architectural quality; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council is of the opinion that the Junius Fishburn House in the City of Roanoke is one of the Commonwealth's finest examples of an early Twentieth Century Greek Revival mansion and is worthy of inclusion on the Virginia Landmarks Register and the National Register of Historic Places. 2. This Council enthusiastically supports and urges inclusion of this property on the Virginia Landmarks Register and the National Register of Historic Places. 3. The City Clerk is directed to forward attested copies of this resolution to the Virginia Historic Landmarks Commission and the Roanoke Valley Historical Society. APPROVED ATTEST: City Clerk Mayor !. G4 IN THE COUNCIL OF THE C%TY OF ROANOKE, V%RGINIA, The 27th day of May, 1980. No. 25119. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Capital Projects 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 1979-80 General Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations: Annexed Water/Sewer Lines Settlement (1 & 2) ............. $1,538,533.00 Transfers to Capital Projects Fund (3) ................... 1,334,176.85 CAPITAL PROJECTS FUND Appropriations: Annexed Storm Drain & Sewer Projects (4) ................. 1,026,364.21 Shenandoah Avenue E.D.A. Projects (5) .................... 250,000.00 (1) Net decrease (A01185090101) (2) Net decrease (A01185090102) (3) Net increase (A01185587508) (4) Net increase (A08360290001) (5) Net increase (A08323690001) $ 153,297.37 34,702.63 1,038,245.00 788,245.00 250,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST~ ~ ~' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25120. A RESOLUTION authorizing the City Attorney to negotiate for the settlement of a claim against the City for the proceeds of the Elvis Presley Concert sales and for the return of the unsold and refunded tickets. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Attorney is authorized to negotiate with attorneys for representatives of Elvis Presley's estate for the settlement of a claim against the City for ticket proceeds from the Elvis Presley Concert and for the return of unsold and returned tickets. The basis of settlement shall be as set forth in a report from the City Attorney dated May 19, 1980 (the Report), a copy of which shall be on file in the Office of the City Clerk. 2. This Council ratifies and confirms the City Attorney's prior negotiations and tentative agreements in this matter concluded with attorneys for the representatives of Elvis Presley's estate, which negotiations and agreements conformed to the terms and conditions set forth in the Report. 3. The City Attorney and any other necessary officials of this City are authorized and directed to take such steps necessary to conclude this matter in conformity with the City Attorney's recommendations contained in the Report. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25122. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Crisis Intervention Grant #77-A4562J (A357440) (1-20) ................................... $151,974.00 REVENUE Crisis Intervention Grant #77-A4562J (R357440) (21, 22) ................................. 151,974.00 (1) Net increase (A35744010002) (2) Net increase (A35744010005) (3) Net decrease (A35744020010) (4) Net decrease (A35744020045) (5) Net decrease (A35744021005) (6) Net decrease (A35744021010) (7) Net decrease (A35744021015) (8) Net decrease (A35744021020) (9) Net decrease (A35744023010) (10) Net decrease (A35744023015) (11) Net decrease (A35744025515) (12) Net decrease (A35744030005) (13) Net decrease (A35744030015) (14) Net decrease (A35744030020) (15) Net decrease (A35744030025) (16) Net decrease (A35744030030) (17) Net decrease (A35744030040) (18) Net decrease (A35744030050) (19) Net decrease (A35744090020) (20) Net increase (A35744095301) (21) Net decrease (R35744025) (22) Net increase (R35744031) 515.47 514.40 2.85 23.64 123.61 302.49 92.93 72.44 4.22 .43 9.88 10.25 110.06 138.89 2~.72 104.49 9.40 .52 .10 3.05 7,289.73 7,289.73 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 27th day of May, 1980. No. 25123. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sheriff Training Grant #79-A4792 (A357482) (1-4) .................................... $11,633.00 REVENUE Sheriff Training Grant #79-A4792 (R357482) ............................................ $11,633.00 (1) Net decrease (A35748223005) (2) Net decrease (A35748230070) (3) Net decrease (A35748290020) (4) Net increase (A35748295301) $2,922.60 121.63 342.25 3,386.48 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 May, 1980. No. 25125. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Miscellaneous (1, 2 & 3) ................................. $2,218,002.10 Contingency Reserve (4) .................................. 160,761.94 (1) Net increase (A01185020003) (2) Net increase (A01185020004) (3) Net increase (A01185020005) (4) Net decrease (A01188072006) $ 4,950.00 15,450.00 30,000.00 50,400.00 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 27th day of May, 1980. No. 25126. AN ORDINANCE authorizing the City Manager to execute Supplement No. 4 to the contract between the City and Management Improvement Corporation of America, dated September 6, 1979, such supplement to provide for provision to the City of financial and management services to enable the City to utilize the provisions of Section 209(b) of the Social Security Act which provides for the exclusion of sick and disability pay from "wages" for purposes of the Social Security Act, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized and directed, for and on behalf of the City, to enter into Supplement Number 4 to the agreement between the City and Management Improvement Corporati~ of America, dated September 6, 1979, and authorized by Ordinance No. 24796, adopted by this Council on August 27, 1979, such supplement to provide for provision by the consultant to the City of financial and management services to enable the City to utilize the provisions of Section 209(b) of the Social Security Act, which provides for the exclusion of sick and disability pay from "wages" for purposes of the Social Security Act, upon approval of the form of the supplemental agreement by the City Attorney, and upon such other terms and conditions as are provided therein. 2. For the services required under this supplement, the City shall pay the consultant an amount equal to fifty percent (50%) of the City's portion of any reimbursement from the Federal Government. 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 27th day of May, 1980. No. 25127. A RESOLUTION authorizing the holding of two regular Council meetings during the months of June, July and August, 1980. WHEREAS, Rule 1, Section 2, Chapter 4, Title II, of the Code of the City of Roanoke (1956), 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, 1980, shall be as follows: a) June 9, 1980 - 7:30 p.m. b) June 23, 1980 - 2:00 p.m. c) July 14, 1980 - 7:30 p.m. d) July 28, 1980 - 2:00 p.m. e) August 11, 1980 - 7:30 p.m. f) August 25, 1980 - 2:00 p.m. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25128. A RESOLUTION authorizing the proper City officials to implement a plan to comply with new federal regulations requiring civil rights assurances with respect to the operation of Roanoke Municipal Airport, Woodrum Field. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The proper City officials are authorized to carry out a plan, set forth in a report from the City Attorney dated May 19, 1980, on file in the Office of the City Clerk, to comply with regulations promulgated February 14, 1980, effective March 17, 1980, implementing Section 30 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1730 (1980)), contained in 45 Fed. Reg. 10184 (1980). These regulations require, among other things, that grantee's of federal aid for n 2. The City Manager is authorized and directed to execute on behalf of the City any contract amendments necessary to comply with the above regulations, upon the approval of the contract amendments by the City Attorney. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25129. AN ORDINANCE amending Chapter 5, Airport of Title VIII, Public Buildings and Property of the Code of the City of Roanoke (1956), as amended, by the addition of new section 26 setting forth federally mandated civil rights assurances by certain persons doing business in or about Roanoke Municipal Airport, Woodrum Field; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 5, Airport of Title VIII, Public Buildings and Property of the Code of the City of Roanoke (1956), as amended, is amended and reordained by the addition of the following new section: Section 26. Civil Rights Assurances. (a) Where required by regulations contained in Subpart E, Part 152 of the Federal Aviation Regulations, as amended, implementing Section 30 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1730 (1980)), contained in 45 Fed. Reg. 10184 (1980), written contracts, leases, permits or other undertakings between the City and a person doing business, or proposing to do business, at the Roanoke Municipal Airport, Woodrum Field, shall contain a provision substantially in the same language: The contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employ- ment activities covered in 14 CFR Part 152, Subpart E. The contractor assures that no per- son shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The contractor assures that it will require that its covered suborganizations provide assurances to the contractor that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. (b) Where required by the regulations cited in subsection (a) above, every person who does business at Roanoke Municipal Airport, Woodrum Field, and who is in privity of contract with the City with respect to such business (even though no written contract may exist) shall be gov- erned by and shall comply with the provision set out in subsection (a) above. 2. For the usual daily 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 May, 1980. No. 25130. AN ORDINANCE accepting the bid of Valley Air Conditioning Corporation of Roanoke, Virginia, for installation of a gas fired boiler at Mountain View, 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 Valley Air Conditioning Corporation of Roanoke, Virginia, made to the City in the total amount of $17,800.00 for installation of a gas fired boiler in the Department of Parks and Recreation Office located in Mountain View, 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 Valley Air Conditioning Corporation 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 shall be paid for out of funds heretofore or simultaneously appropriated by Council. 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 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 27th day of May, 1980. No. 25131. AN ORDINANCE authorizing the City's offer to purchase JELCO Water Company, Inc. and Monterey Hills Water Company, Inc., upon certain terms and conditions; and providing for an emergency BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proper City officials are authorized and empowered on behalf of the City to enter into a purchase contract with the owners of Jelco Water Company, Inc. (JELCO) and Monterey Hills Water Company, Inc. (Monterey) for the purchase of these two companies and all their assets and rights (except as noted below), for a consideration of $190,000.00. Of the total consideration, $91,200 shall be allocated to the purchase of JELCO and $98,800 to the purchase of Monterey. The purchase contract shall be upon such form as is approved by the City Attorney. 2. The City's undertaking to purchase these companies is conditioned upon the following: (a) The owners of these companies shall deliver to the City, prior to the payment of the purchase price, a deed, containing General Warranty and modern English covenants of title, of the companies' realty and a bill of sale of the companies' personalty. The City Attorney shall approve each document as to form. The property conveyed shall be free from all liens and material title objections. (b) The owners of these companies shall deliver to the City all certificates of stock in the companies, properly endorsed to the City. (c) These companies shall relinquish to the State Corporation Commission their franchises to sell water in this City and shall assign and convey to the City all other rights and privileges with respect to the provision of water to citizens of this City. The City shall not assume or in any way be responsible for any preexisting debt or financial obligation of either of these two companies. Prior to the payment of the purchase price, JELCO and Monterey may be required to evidence satisfaction or appropriate arrangements for satisfaction of all such debts of these companies. 3. The assets to be conveyed to City by the two companies shall include water distribu- tion lines, pipes, meters, valves and related equipment, easements and all other rights and property used in the conduct of the water systems, but shall not include pumping equipment and storage tanks; provided, however, the City may operate the pumping equipment and storage tanks until interconnections are made between City lines and lines of the two companies and until City no longer needs such equipment. 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 pass. age. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25132. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund, Water 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 1979-80 General Fund, Water 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 (1) ..................................... $31,132,267.60 Building Maintenance (2) .......................... 2,543,271.00 Engineering, Planning and Building Inspections (3) ................................. 975,333.00 REVENUE School Revenue (4) ................................ $17,000,410.60 WATER FUND APPROPRIATIONS Water Fund (5) .................................... $ 6,700,461.00 GRANT PROGRAMS FUND APPROPRIATIONS Community Development Block Grant B-79-MC-51-0020 (A356805) (6,7,8,9) ............. $ 2,576,567.57 (1) Net increase (A01190175001) (2) Net increase (A01166490015) (3) Net decrease (A01124820010) (4) Net increase (ROll91001) (5) Net increase (A02240190401) (6) Net decrease (A35680595008) (7) Net decrease (A35680595007) (8) Net increase (A35680595001) (9) Net decrease (A35680598701) $ 76,724.60 17,800.00 17,800.00 76,724.60 190,000.00 22,919.85 1,769.85 32,946.85 8,257.15 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 27th day of May, 1980. No. 25133. AN ORDINANCE authorizing the City Manager, or his designee, to execute on behalf of the City a certain contract and all future similar contracts with the Fifth District Employment and Training Consortium relating to the City's Job Orientation and Motivation Program; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, or his designee, be and they are hereby authorized to execute, for and on behalf of the City, a contract for the period October 1, 1980, through September 30, 1981, with the Fifth District and Employment and Training Consortium (the "Consortium") relating to the operation of a Job Orientation and Motivation Program ("JOMP") and the City Manager, or his designee, are authorized to make the necessary assurances and certifications relating to the contract, and to give to the Consortium any information required by it relating to the contract or the fulfillment of the terms and conditions thereof. 2. The City Manager, or his designee, be and they are hereby authorized to execute, for an on behalf of the City, all future contracts by and between the City and the Consortium relating to the operation of a Job Orientation and Motivation Program, and the City Manager, or his designee, are authorized to make the necessary assurances and certifications relating to these contracts, and to give. to the Consortium any information required by it relating to these contracts or the fulfill- ment of the terms and conditions thereof. 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 27th day of May, 1980. No. 25134. AN ORDINANCE accepting the bid of Bud Weaver Heating and Air Conditioning Co., Inc. for installation of an air conditioning system in the Terminal Building at Roanoke Municipal Airport, Woodrum Field, to serve FAA offices, 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 Bud Weaver Heating and Air Conditioning Co., Inc., made to the City in the total amount of $10,367.00 for installation of an air conditioning system in the Terminal Building at Roanoke Municipal Airport, Woodrum Field, to serve FAA offices, 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 Bud Weaver Heating and Air Conditionin 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, and the cost of said work shall be paid for out of funds heretofore or simultaneously appropriated by Council. 172 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 APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1980. No. 25135. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund, Sewage Treatment Fund, and Capital Projects 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 1979-80 General Fund, Sewage Treatment Fund, and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations: Transfers to Sewage Treatment Fund (1) ............... $ 281,123.55 Transfers to Capital Projects Fund (2) ............... 295,931.85 SEWAGE TREATMENT FUND Appropriations: Norfolk Avenue Sewer Project (3) ..................... 2,206,125.20 Revenue: Operating Supplement General Fund (4) ................ Due from Federal Government - Downtown Norfolk Avenue Sewer Project (5) ................... 281,123.55 250,795.65 CAPITAL PROJECTS FUND Appropriations: Sewage Lateral Replacement (6) ....................... 736,606.12 (1) Net increase (A01185587303) (2) Net decrease (A01185587508) (3) Net increase (A03240191201) (4) Net increase (R03224701) (5) Net increase (X03113205) (6) Net decrease (A08360190001) $ 72,348.55 72,348.55 289,394.20 72,348.55 217,045.65 72,348.55 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 May, 1980. No. 25136. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Preston Carroll Company, Inc., dated April 19, 1978, for construction of the Downtown- Norfolk Avenue Sanitary Sewer Interceptor Replacement, such contract being authorized by Ordinance No. 24048, adopted February 27, 1978; 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 Preston Carroll Company, Inc., dated April 19, 1978, such contract being authorized by Ordinance No. 24048, adopted February 27, 1978. Change Order No. 1 shall provide for the following changes in the work to be performed: CONTRACT AMOUNT Rock overrun of 9,514.4 cu.yds. + $ Pavement overrun of 1,509.6 tons Change in construction techniques set forth in Exhibit A to City Manager's report dated May 27, 1980 + TOTAL CHANGE ORDER NO. 1 $ Credit for nonutilized pay items - NET TOTAL OF CHANGE ORDER NO. 1 + $ CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $1,775,824.00 171,259.20 63,624.00 148,440.00 383,323.20 93,929.00 289,394.20 $2,065,218.20 Additional time resulting from Change Order ilo. 1 None. 2. 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 9th day of June, 1980. No. 25121. AN ORDINANCE to authorize a project to provide, acquire, construct, reconstruct, improve, extend, enlarge and equip government buildings of the City of Roanoke, including adequate, suitable and secure court facilities for the City of Roanoke and to authorize the issuance and sale of general obligation bonds of the City of Roanoke in an aggregate principal amount not to exceed Eight Million Dollars ($8,000,000) pursuant to the Public Finance Act of Virginia, to provide funds to pay the costs of such project. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke (hereinafter referred to as the "City") hereby authorizes the undertaking by the City of a project (hereinafter referred to as the "Project") to provide, acquire, construct, reconstruct, improve, extend, enlarge and equip government buildings of the City of Roanoke, including adequate, suitable and secure court facilities in the City to be owned by the City, as authorized by general law and Section 2(7) of the Charter of the City. 2. Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia (1950), as amended, the same being the Public Finance Act, for the purpose of providing funds to pay the cost, as defined in the Public Finance Act, of the Project, there are hereby authorized to be issued and shall be issued general obligation bonds of the City in an aggregate principal amount not to exceed Eight Million Dollars ($8,000,000), which bonds shall be designated "General Obligation Public Building Bonds" (hereinafter referred to as the "Bonds"). The Bonds shall be of the denomination of $5,000 each; shall be numbered from 1 consecutively upward in order of maturity; and shall bear interest at such rate or rates per annum as fixed by resolution of the Council at the time of sale thereof, 174 permitted by law at the time of sale there of. As shall be determined by the Director of Finance prior to the sale of the Bonds: the Bonds shall be dated as of a date not later than the date of delivery thereof and payment therefor; shall mature in substantially equal installments of principal, or substantially equal installments of both principal and interest, the first installment of principal to mature not later than one (1) year from the date of the Bonds and the last installment of principal to mature not later than fifteen (15) years from the date of the Bonds; shall be payable both as to principal and interest at a place or places within or without the Commonwealth of Virginia, or both; and may be subject to redemption prior to the stated maturities thereof at the option of the City at any time on or after ten (10) years from the date thereof at redemption premiums not exceeding three per centum (3%) of the principal amount redeemed, upon such notice of redemption as is provided in the form of the Bonds hereinafter set forth. The interest payable upon the Bonds shall be payable on such dates, commencing not later than one year from the date of the Bonds and semiannually thereafter, as shall also be determined by the Director of Finance prior to the sale of the Bonds. Ail such details shall be subject to ratification by the Council at the time of sale of the Bonds. The Council reserves the right to change, prior to the sale of the Bonds, any or all of the foregoing limitations on the details of the Bonds. The Bonds shall be offered for sale at one time or from time to time for not less than the par value thereof, after publication of a notice of such sale in the form prescribed by the Director of Finance, not less than five days prior to such sale in a newspaper of general circula- tion in the City, and if deemed advisable, in a financial journal published in the City of New York, New York. The City may sell all or part of the Bonds alone or contemporaneously with other general obligation bonds of the City, as the Director of Finance may deem in the best interests of the City. 3. The Bonds shall be signed in the name of the City by the facsimile signature of the Mayor, shall bear a facsimile of the seal of the City attested by the fascimile signature of the City Clerk, and shall be authenticated by the manual signature of the City Treaurer. The coupons attached to the Bonds shall be signed in the name of the City by the facsimile signature of the City Treasurer, which shall be recognized by the City as having the same legal effect as if such signature had been written upon each coupon by the City Treasurer. The Bonds and the coupons to be attached thereto shall be in substantially the following form, with the text which is in brackets to be inserted in the Bonds if applicable to the details of the Bonds as finally fixed: UNITED STATES OF AMERICA NUMBER NUMBER $5,000 COMMONWEALTH OF VIRGINIA $5,000 CITY OF ROANOKE General Obligation Public Building Bonds KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municipal corporation created and organized under the laws of the Commonwealth of Virginia, for value received, acknowledges itself indebted and promises to pay to the bearer hereof the principal sum of FIVE THOUSAND DOLLARS ($5,000), payable on the day of , 19--, with interest at the rate of per centum ( ) per annum, payable and semiannually thereafter on the day of and the day of of each year upon the surrender of the respective coupons attached hereto as they severally become due. Both the principal sum hereof and the interest hereon are payable in lawful money of the United States of America at the principal office of in , , or, at the option of the holder of this bond and said coupons, at the principal office of , in , . This bond is one of an issue of bonds of like date, denomination and tenor, except as to number, interest rate and maturity. This bond and the bonds of the issue of which it is one are issued for the purpose of providing funds to pay the cost of a project consisting of the providing, acquiring, constructing, reconstructing, improving, extending, enlarging and equipping government buildings of the City of Roanoke, including adequate, suitable and secure court facilities, under and pursuant to, and in full compliance with, the Constitution and statutes of the Commonwealth of Virginia, including Chapter 5 of Title 15.1 of the Code of Virginia 1950, and an ordinance and resolution of the Council of the City of Roanoke duly adopted under said Chapter 5 on and , respectively. [The bonds of the issue of bonds of which this bond is one maturing on and after shall be subject to redemption at the option of the City of Roanoke prior to their stated maturities on and after , in whole at any time, or in part from time to time on any interest payment date in the inverse order of their maturities, at a redemption price equal to the principal amount thereof to be redeemed together with interest accrued thereon to the date fixed for redemption, plus a premium of percent of the principal amount of each bond to be redeemed for each month period or fraction thereof from and excluding the date fixed for redemption to and including the stated maturity date thereof. If at any time less than all the bonds of the issue of bonds of which this bond is one of any given maturity are called for redemption, the particular bonds of such maturity to be redeemed shall be selected by lot.] [If this bond is redeemable and shall be called for redemption, notice of the redemption hereof, specifying the designation, date, number and maturity of this bond, the date fixed for its redemption and the redemption price payable upon such redemption, shall be given by publication of such notice once in a daily newspaper printed in the English language and customarily published on each business day and of general circulation in the City of Roanoke, Virginia and once in at least one daily newspaper or financial publication printed in the English language and customarily published on each business day in the City of New York, New York, the date of publication of such notice in any case to be at least thirty days prior to the date fixed for redemption. If this bond shall be called for redemption and notice of such redemption duly given as aforesaid, and if on or before the redemption date the payment of the redemption price shall have been duly made or provided for, then this bond shall become due and payable upon such redemption date, interest hereon shall cease from and after the date so specified for the redemp- tion hereof and the coupons representing such interest shall be void.] The full faith and credit of the City of Roanoke is hereby pledged to the payment of the principal of and interest on this bond, and an ad valorem tax shall be levied on all the taxable property of the City of Roanoke sufficient to pay said principal and interest as the same become due and payable. It is hereby certified, recited and declared that the issuance of this bond is made in strict conformity with the Constitution and statutes of the Commonwealth of Virginia and ordinances and resolutions of the City of Roanoke authorizing the same; and that all acts, con- ditions and things required to exist, happen and be performed precedent to and in the issue of this bond have existed, happened and been performed in regular and due time, form and manner, as required by law; and that this issue of bonds, including all other indebtedness of said City, does not exceed any Constitutional or statutory limitation of indebtedness. IN TESTIMONY WHEREOF, the CITY OF ROANOKE has authorized and caused this bond to be signed in its name by the facsimile signature of its Mayor and a facsimile of the said City's corporate seal to be made to appear hereon, attested by the facsimile signature of its City Clerk, and to be authenticated by the manual signature of the City Treasurer, and the coupons hereto attached to be signed in its name by the facsimile signature of the City Treasurer, and this bond be dated the day of , 1980. CITY OF ROANOKE Roanoke City ATTEST: Seal By Mayor City Clerk City Treasurer (FORM OF COUPON) Coupon No. $ On the day of , 19__, [unless the bond hereinafter mentioned shall be subject to prior redemption and shall have been called for previous redemption and payment of the redemption price duly ma~e and provided for,] the CITY OF ROANOKE, Virginia, will pay to the bearer at the principal office of , in , , or, at the option of the holder, at the principal office of in , , upon the presentation and surrender hereof, the sum shown hereon, in any coin or currency of the United States of America, which at the time of payment is legal tender for public and private debts, being the interest then due on its General Obligation Public Building Bond, dated the day of 1980, and numbered CITY OF ROANOKE, BM City Treasurer 4. The full faith and credit of the City shall be and hereby are pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while any of said Bonds are outstanding and unpaid, the City shall assess, levy and collect, at the same time and in the same manner as other taxes of said City are assessed, levied and collected, a tax upon all taxable property within the City sufficient to pay the principal of and interest on said Bonds as the same respectively become due and payable. 5. The City shall make no use of the proceeds of the sale of the Bonds which would cause said Bonds to be "arbitrage bonds" under Section 103(c) of the Internal Revenue Code of 1954, as amended, and the City shall comply with the applicable Treasury Regulations adopted thereunder so long as any of said Bonds are outstanding. 6. CUSIP identification numbers may be imprinted on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed and no liability shall attach to the City or any officer or agent thereof, including any paying agent for the Bonds, by reason of such numbers or any use made thereof, including any use thereof made by the City, any such officer or any such agent, or by reason of any inaccuracy, error or omission with respect thereto or in such use. All expenses in relation to the printing of such numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of and shall be paid by the successful bidder for the Bonds. 7. The City Clerk shall and is hereby directed to certify and file a copy of this ordinance with the Circuit Court of the City of Roanoke, Virginia, and publish a notice in the Roanoke Times & World News, a newspaper of general circulation in the City, all in accordance with Section 15.1-199, Code of Virginia (1950), as amended. The form of the notice to be published shall be substantially as follows: "LEGAL NOTICE Notice is given pursuant to Section 15.1-199 of the Code of Virginia (1950), as amended, that the City of Roanoke, Virginia, on , 1980, filed with the Circuit Court of the City of Roanoke, Virginia, a certified copy of an ordinance adopted by the Council of the City of Roanoke on , 1980, providing for the issuance of General Obligation Public Building Bonds of the City of Roanoke in an aggregate principal ;!76 amount not to exceed $8,000,000, the proceeds of which will be expended or applied to provide, acquire, construct, reconstruct, improve, extend, enlarge and equip government buildings of the City of Roanoke, including adequate, suitable and secure court facilities to be owned by the City of Roanoke. ATTEST: CITY OF ROANOKE City Clerk". 8. This ordinance shall take effect from and after ten days from the date of passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25124. AN ORDINANCE to amend and reordain Section 29. Same - Issuance of plate, tag or decal, of Chapter 1, Traffic Code, of Title XVIII, Motor'vehicles'and Traffic, of the Code of the City of Roanoke (1956), as amended, to provide that no motor vehicle, trailer or semitrailer shall be locally licensed unless the applicant shall present satisfactory evidence that any delinquent motor vehicle, trailer or semitrailer personal property taxes have been paid. BE IT ORDAINED by the Council of the City of Roanoke that Section 29, Same - Issuance of plate, tag or decal, of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1956), as amended, is amended and reordained as follows: Section 29. .Same - Imsuance of plate, ta~ or decal. (a) A license number plate, tag or decal for each motor vehicle, trailer or semitrailer shall be furnished by the commissioner of revenue at the time the license tax as set out in the preceding sections is paid. No motor vehicle, trailer or semitrailer shall be locally licensed unless and until the applicant for such license shall have produced satisfactory evidence that all personal property taxes upon the motor vehicle, trailer, semitrailer to be licensed have been paid and satisfactory evidence that any delinquent motor vehicle trailer or semitrailer personal property taxes owing have been paid which have been properly assessed or are assessable against the applicant by this City. (b) Licenses of the decal type shall be issued only for vehicles of the categories defined in subsection (3) of Section 28 of this chapter and title, as trucks, tractor trucks and auto wagons, and those vehicles defined in subsection (4) of Section 28, of this chapter and title, as private passen- ger motor vehicles, not motorcycles. The decals shall measure 3 inches square; the background shall be light blue; in the upper righthand corner shall be the words in dark blue: "City of Roanoke, Va."; below those words, to the left, shall be depicted a five-pointed dark blue and white star; below the star to the right shall be the figures in white of the year of issuance; below the latter figures and the star shall be a depiction in dark blue of a ridge of four mountains, with the tallest mountain to the left under the star; below the mountains shall be a white rectangle; in the rectangle shall be printed in dark blue figures the serial number of each license; below the rectangle shall be written in dark blue words and figures the date of expiration. The colors of the decal may be alternated from year to year for ease of identification. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25140. A RESOLUTION approving a conservation plan for Central Roanoke. WHEREAS, the central downtown portion of the City contains many deteriorating structures worthy of conservation. WHEREAS, the Roanoke Redevelopment and Housing Authority has transmitted to the Council a certain proposed conservation plan for Central Roanoke dated April, 1980, which sets forth a program for addressing the problem of the deterioration of the central downtown area of the City. WHEREAS, public hearings on the proposed conservation plan were held before the City Planning Commission on May 21, 1980, and before the Council on June 9, 1980. WHEREAS, the City Planning Commission has unanimously recommended that Council approve the Central Roanoke conservation plan. WHEREAS, the Central Roanoke conservation plan has been approved by the Commissioners of the City of Roanoke Redevelopment and Housing Authority. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the conservation plan forwarded to the Council by the Roanoke Redevelopment and Housing Authority for Central Roanoke, having been duly received and considered, is hereby approved, and the City Clerk is directed to file a copy of this conservation plan in the records of the City Clerk's Office. APPROVED ATTEST City Clerk May o r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25141. A RESOLUTION approving and adopting a Land Development and Community Facilities and Services Plan as an element of the City's Comprehensive Plan. WHEREAS, Section 15.1-446.1, et seq., Code of Virginia (1950), as amended, requires the City Planning Commission to prepare and recommend to the City Council for adoption by July 1, 1980, a comprehensive plan for the physical development of the City, which plan is also required by Chapter 1 of Title XVI, Code of the City of Roanoke (1956), as amended. WHEREAS, the Planning Commission has caused to be prepared a Land Development and Community Facilities and Services Plan as an element of the City's Comprehensive Plan. WHEREAS, the Planning Commission has approved and adopted the aforesaid plan as part of the City's Comprehensive Plan, and has by resolution dated May 14, 1980, certified it to the Council with the recommendation that it be approved and adopted by Council. WHEREAS, the notice and public hearing requirements required to be met by Section 15.1-450, Code of Virginia (1950), as amended, before the Council may adopt and approve an element of the Comprehensive Plan, have been met. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council approves and adopts as an element of the City's Comprehensive Plan the Land Development and Community Facilities and Services Plan as certified to Council by the City Planning Commission. 2. The City Clerk is directed to transmit an attested copy of this resolution to the City Planning Commission. APPROVED ATTEST: City Clerk Mayor !7.8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25142. A RESOLUTION approving and adopting a Mass Transit Plan and Air Transportation Master Plan as elements of the City's Comprehensive Plan. WHEREAS, Section 15.1-446.1 et seq., Code of Virginia (1950), as amended, requires the City Planning Commission to prepare and recommend to the City Council for adoption by July 1, 1980, a comprehensive plan for the physical development of the City, which plan is also required by Chapter 1 of Title XVI, Code of the City of Roanoke (1956), as amended. WHEREAS, the Planning Commission has caused to be prepared a Mass Transit Plan and the Air Transportation Master Plan, prepared by Talbert, Cox and Associates, as elements of the City's Comprehensive Plan. WHEREAS, the Planning Commission has approved and adopted the aforesaid plans as part of the City's Comprehensive Plan, and has by resolution dated May 14, 1980, certified them to the Council with a recommendation that they be approved and adopted by Council. WHEREAS, the notice and public hearing requirements required to be met by Section 15.1-450, Code of Virginia (1950), as amended, before the Council may adopt and approve an element of the Comprehensive Plan, have been met. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council approves and adopts as elements of the City's Comprehensive Plan the Mass Transit Plan and Air Transportation Master Plan as certified to Council by the City Planning Commission. 2. The City Clerk is directed to transmit an attested copy of this resolution to the City Planning Commission. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25143. A RESOLUTION authorizing the City Manager to execute, for and on behalf of the City, a certain cooperation agreement with the Fifth District Employment and Training Consortium and the Fifth District Employment and Training Consortium Private Industry Council. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized to execute, for and on behalf of the City, an agreement of cooperation with the Fifth District Employment and Training Consortium and the Fifth District Employment and Training Consortium Private Industry Council, to make job opportunities created as a result of federally- funded projects available to qualified low-and moderate-income persons and the hard-core unemployed, upon the terms and conditions set forth in a report from the City Manager dated June 9, ]980, and the agreement attached thereto. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25144. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Southern Hills Storm Drain Project in the Southern Hills Area of the City; fixing 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 for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of a public storm drain project in the Southern Hills area of the City, the City wants and needs the 13 parcels, comprising easements and fee interests, listed in the report of the City Manager on this subject, dated June 9, 1980, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respec- tive owners the necessary interests (whether fee, permanent storm drain easement, temporary construc- tion easement and ancillary rights) with respect to the 13 parcels, for the respective considerations set out in the report. 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 out in the report. 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 interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate, 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 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. 5. The City Clerk is directed to mail a copy of this ordinance to each property owner, with an accompanying letter of explanation from the City Engineer's Office. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance is 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 June, 1980. No. 25146. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Materials Control (1) ............................... $ 498,189.00 Police Department (2) ............................... 3,885,613.95 Fire Department (3) ................................. 4,052,575.10 (1) Net decrease (A01131120025) (2) Net increase (A01134530030) (3) Net increase (A01134721020) $23,500.00 13,900.00 9,600.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25147. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Airport Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1979-80 Airport Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Airport Fund (1 & 2) .................................. $6,510,461.00 (1) Net increase (A04200421010) (2) Net decrease (A04200420025) $7,500.00 7,500.00 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 9th day of June, 1980. No. 25148. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Snow Removal (1 & 2) ................................. $ 124,923.00 Building Maintenance (3,4,5) ......................... 2,513,571.00 Street Lighting (6) .................................. 425,750.00 Communications (7) ................................... 456,605.00 Motor Vehicle Maintenance (8) ........................ 1,055,325.00 (1) Net decrease (A01167510016) (2) Net decrease (A01167520030) (3) Net decrease (A01166425561) (4) Net decrease (A01166425562) (5) Net decrease (A01166421025) (6) Net decrease (A01169021010) (7) Net increase (A01166090020) (8) Net increase (A01167125510) $ 8,000.00 5,000.00 10,000.00 10,000.00 9,700.00 11,000.00 13,000.00 40,700.00 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 9th day of June, 1980. No. 25149. AN ORDINANCE authorizing the employment of the professional services of certain architects and engineers, in addition to those services previously engaged, to prepare necessary plans, drawings and specifications, and providing periodic inspection and consultation in connection with the interior design work for the Courts Facility Building, 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 and Mattern, Architects-Engineers, of Roanoke, is hereby employed as architects and engineers to perform professional services and to prepare necessary plans, drawings and specifications and to perform periodic inspection and consultation in connection with the interior design work for the Courts Facility Building. This work shall be in addition to that work specified in an agreement dated November 6, 1974, entered into between the City and Hayes, Seay, Mattern and Mattern for work on this project. This firm shall be paid for these additional services a fee not to exceed $50,000.00 without further authorization of the Council, said fee to be determined upon the basis set out in the agreement dated November 6, 1974, a copy of which is on file in the Office of the City Clerk, and is incorporated herein by reference. 2. The City Manager is hereby authorized and directed, for and on behalf of the City, to execute the requisite document or documents to evidence this supplemental agreement, upon their approval 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 9th day of June, 1980. No. 25151. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS City Market Study (A356270) (1) .......................... $30,000.00 REVENUE City Market Study (R356270) (2) .......................... 30,000.00 (1) Net increase (A35627020010) $30,000.00 (2) Net increase (R35627021) 30,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST:~..,,~.~ CitY Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25153. A RESOLUTION authorizing the City Manager or his designee to execute, on behalf of the City of Roanoke, certain documents relating to Environmental Protection Agency grants. BE IT RESOLVED BY the City of Roanoke that the City Manager, H. B. Ewert, his designee as evidenced by written designation signed by H. B. Ewert or, in the absence from the City of the City Manager, Assistant City Manager, Sam H. McGhee, III, are authorized to execute on behalf of the City of Roanoke all documents required by the Environmental Protection Agency, upon form approved by the City Attorney, to be submitted relating to Grant Projects C-510473 (Murray Run Project), C-510493 (Trout Run Project) and C-510510 (Downtown-Norfolk Avenue Project). APPROVED ATTEST:f~.~.~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25155. AN ORDINANCE authorizing the acquisition from the United States of America of 16.804 acres of land at the V. A. Hospital Complex; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. This City shall acquire for park purposes from the United States of America 16.804 acres of land lying in the City of Roanoke, Virginia at the V. A. Hospital Complex, as more particu- larly described on Plan No. 5691, dated June 1978, prepared by the Office of the City Engineer. 2. Noel C. Taylor, Mayor, and Mary F. Parker, City Clerk, are authorized to execute on behalf of the City a quitclaim deed accepting title to this real estate, upon certain terms, conditions and reservations and upon the approval as to form of the quitclaim deed by the City Attorney. 3. For the usual daily operation 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 June, 1980. No. 25156. 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, upon certain terms and conditions; authorizing the appropriat~ 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, Illinois, 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, 1980, 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 fun~s 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 Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of June, 1980. No. 25157. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS T.A.P. Youth Activities Grant #78-A4806J (A357460) (1 & 2) ............................... $68,457.00 REVENUE T.A.P. Youth Activities Grant #78-A4806J (R357460) (3) ................................... 68,457.00 (1) Net decrease (A35746020010) (2) Net increase (A35746095301) (3) Net decrease (R35746021) $17,642.81 4,565.81 13,077.00 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 June, 1980. No. 25158. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education (1-9) ..................................... $31,391,967.60 (1) Net increase (A01190165001) (2) Net increase (A01190165101) (3) Net decrease (A01i90165201) (4) Net decrease (A01190165401) (5) Net increase (A01190165501) (6) Net increase (A01190165601) (7) Net decrease (A01190165701) (8) Net increase (A01190165901) (9) Net increase (A01190190001) $ 2,301.00 31,100.00 (7,500.00) (88,314.00) 41,700.00 28,620.00 (92,700.00) 60,021.00 24,772.00 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 June, 1980. No. 25160. A RESOLUTION providing for the sale, execution, form and details, advertisement of sale and delivery of, and the levy of a tax to pay, $15,500,000 of general obligation bonds of the City of Roanoke, Virginia, authorized at an election held on the 6th day of November, 1979, to provide funds to defray the cost to the City of Roanoke of needed permanent public improvements, including acquisitions, construction, additions, betterments, extensions and improvements, a portion of such permanent public improvements being a part of the Downtown Revitalization Plan, of and to public schools, libraries, fire stations and other public buildings, the system of storm drains, public sidewalks, streets, highways and bridges and parks and other recreational purposes and the acquisi- tion of real property for the foregoing. WHEREAS, pursuant to the Charter of the City of Roanoke, the qualified voters of the City of Roanoke, on the 6th day of November, 1979, approved Ordinance No. 24812 authorizing the issuance of $15,500,000 of general obligation bonds of the City of Roanoke for the purpose of providing funds to defray the cost of needed permanent public improvements, including acquisitions, construction, additions, betterments, extensions and improvements, a portion of such permanent public improvements being a part of the Downtown Revitalization Plan, of and to public schools, libraries, fire stations and other public buildings, the system of storm drains, public sidewalks, streets, highways and bridges, and parks and other recreational purposes and the acquisition of real property for the foregoing; and WHEREAS, none of the said $15,500,000 authorized bonds have heretofore been sold by the City of Roanoke and the Council deems it advisable and in the best interest of the City of Roanoke to now make provision for the sale of said bonds; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. There are hereby authorized for issuance and sale $15,500,000 of general obligation bonds of the City of Roanoke, Virginia, authorized pursuant to the Charter of the City of Roanoke at the election held on the 6th day of November, 1979, to defray the cost to the City of Roanoke of needed permanent public improvements, including acquisitions, construction, additions, betterments extensions and improvements, a portion of such permanent public improvements being a part of the Downtown Revitalization Plan, of and to public schools, libraries, fire stations and other public buildings, the system of storm drains, public sidewalks, streets, highways and bridges, and parks and other recreational purposes and the acquisition of real property for the foregoing (hereinafter referred to as the "Bonds"). The Bonds shall be sold in their entirety at one time or from time to time in series, without any further authorization by the Council, but subject to the provisions hereof and applicable law, at such time or times as shall be determined by the Director of Finance. All such Bonds shall be of the denomination of $5,000 each. The Bonds of a given series shall be designated "Public Improvement Bonds, "(with the series designa- tion to be inserted in the blank); shall be numbered from 1 consecutively upward in order of maturity; shall bear interest at such rate or rates per annum as fixed by resolution of the Council at the time of sale thereof, provided that the rate or rates of interest borne by the Bonds shall not exceed the maximum rate permitted by law at the time of sale thereof, such interest to be payable upon the Bonds of a given series on such dates, commencing not later than one year from the date of the Bonds of such series and semiannually thereafter; shall be dated as of a date not later than the date of delivery thereof and payment therefor; shall mature in substantially equal installments of principal, or substantially equal installments of both principal and interest, the first installment of principal to mature not later than one (1) year from the date of the Bonds of such series and the last installment of principal to mature not later than fifteen (15) years from the date of the Bonds of such series; shall be payable both as to principal and interest at a place or places within or without the Commonwealth of Virginia, or both; and may be subject to redemption prior to the stated maturities thereof at the option of the City at any time on or after ten (10) years from the date thereof at redemption premiums not exceeding three per centum (3%) of the principal amount redeemed, upon such notice of redemption as is provided in the form of the Bonds hereinafter set forth; ali as shall be determined by the Director of Finance prior to the sale of the Bonds of such series. All such details shall be subject to ratification by the Council at the time of sale of the Bonds. The Council reserves the right to change, prior to the sale of any series of the Bonds, any or all of the foregoing limitations on the details of the Bonds. The Bonds of a given series shall be offered for sale at not less than the par value thereof, after publication of a notice of sale in the form prescribed by the Director of Finance, not less than five days prior to such sale in a newspaper of general circulation in the City, and if deemed advisable, in a financial journal published in the City of New York, New York. The City may sell all or part of the Bonds alone or contemporaneously with other general obligation bonds of the City, as the Director of Finance may deem in the best interests of the City. 2. The Bonds shall be signed in the name of the City by the facsimile signature of the Mayor, shall bear a facsimile of the seal of the City attested by the facsimile signature of the City Clerk, and shall be authenticated by the manual signature of the City Treasurer. The coupons attached to the Bonds shall be signed in the name of the City by the facsimile signature of the City Treasurer, which shall be recognized by the City as having the same legal effect as if such signature had been written upon each coupon by the City Treasurer. The Bonds and the coupons to be attached thereto shall be in substantially the following form, with the text which is in brackets to be inserted in the Bonds if applicable to the details of the Bonds as finally fixed: UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE PUBLIC IMPROVEMENT BOND, No. $ 5,000 KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municipal corporation created and organized under the laws of the Commonwealth of Virginia, for value received, acknowledges itself indebted and promises to pay to the bearer hereof, the sum of FIVE THOUSAND DOLLARS ($5,000) payable in lawful money of the United States of America, on the day of , __, at the principal office of , in New York, New York, or at the option of the holder, at the principal office of , in Roanoke, Virginia, with interest at the rate of per centum ( %) per annum, payable semiannually on the__day of and the __day of of each year said bonds shall be outstanding upon the presentation and surrender of the respective coupons attached hereto as they severally become due. This bond, which is one of an issue of bonds of like date, denomination and tenor except as to number, interest rate and maturity are numbered from i to , inclusive, and payable in numerical order $ bonds on of each of the years 19 to , inclusive, is issued for the purpose of providing funds to defray the cost of the City of Roanoke of needed permanent public improvements, including acquisitions, construction, additions, betterments, extensions and improvements, a portion of such permanent public improvements being a part of the Downtown Revitalization Plan, of and to public schools, libraries, fire stations and other public buildings, the system of storm drains, public sidewalks, streets, highways and bridges, and parks and other recreational purposes and the acquisition of real property for the foregoing, pursuant to an ordinance of the Council of the City of Roanoke, Virginia, adopted on the 4th day of September, 1979, and ratified by a majority of the qualified voters of said City voting at an election legally called, held and conducted on the 6th day of November, 1979, and under and pursuant to the Constitution and statutes of the Commonwealth of Virginia, and the Charter of the City of Roanoke, Virginia, as amended. [The bonds of the issue of bonds of which this bond is one maturing on and after shall be subject to redemption at the option of the City of Roanoke prior to their stated maturities on and after , in whole at any time, or in part from time to time on any interest payment date in the inverse order of their maturities, at a redemption price equal to the principal amount thereof to be redeemed together with interest accrued thereon to the date fixed for redemption, plus a premium of __percent of the principal amount of each bond to be redeemed for each month period or fraction thereof from and excluding the date fixed for redemption to and including the stated maturity date thereof. If at any time less than all the bonds of the issue of bonds of which this bond is one of any given maturity are called for redemption, the particular bonds of such maturity to be redeemed shall be selected by lot.] [If this bond i$ redeemable and shall be called for redemption, notice of the redemption hereof, specifying the designation, date, number and maturity of this bond, the date fixed for its redemption and the redemption price payable upon such redemption, shall be given by publication of such notice once in a daily newspaper printed in the English language and customarily published on each business day and of general circulation in the City of Roanoke, Virginia and once in at least one daily newspaper or financial publication printed in the English language and customarily published on each business day in the City of New York, New York, the date of publication of such notice in any case to be at least thirty days prior to the date fixed for redemption. If this bond shall be called for redemption and notice of such redemption duly given as aforesaid, and if on or before the redemption date the payment of the redemption price shall have been duly made or provided for, then this bond shall become due and payable upon such redemption date, interest hereon shall cease from and after the date so specified for the redemption hereof and the coupons representing such interest shall be void.] The full faith and credit of the City of Roanoke are hereby pledged to the punctual payment of the principal of and interest on this bond and an ad valorem tax shall be levied without limitation as to rate or amount on all of the taxable property of the City of Roanoke sufficient to pay said principal and interest as the same become due and payable. It is hereby certified, recited and declared that the issuance of this bond is made in strict conformity with the Constitution and statutes of the Commonwealth of Virginia, and the Charter and ordinances and resolutions of the City of Roanoke authorizing the same; and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond have existed, happened and been performed in regular and due time, form and manner, as required by law; and that this issue of bonds, including all other indebtedness of said City, does not exceed any Constitutional, statutory or Charter limitation of indebtedness. IN TESTIMONY WHEREOF, the said CITY OF ROANOKE has authorized and caused this bond to be signed in its name and on its behalf by the facsimile signature of its Mayor and a facsimile of the said City's corporate seal to be made to appear hereon, attested by the facsimile signature of its City Clerk, and to be authenticated by the manual signature of the City Treasurer, and the coupons hereto attached to be signed in its name and on its behalf by the facsimile signature of the City Treasurer, and this bond to be dated the day of , 1980. ATTEST: CITY OF ROANOKE, BY City Clerk Mayor City of Roanoke Seal (FORM OF COUPON) City Treasurer No. $ On ~, 19 , [unless the bond hereinafter mentioned shall have been called for previous redemption and payment of the redemption price duly made or provided for,] the CITY OF ROANOKE, VIRGINIA, will pay to the bearer the amount shown hereon at the principal office of , in , , or at the option of the holder, at the principal office of , in , , being the interest then due on its Public Improvement Bond, dated the__day of , 1980. CITY OF ROANOKE, By City Treasurer 4. CUSIP identification numbers may be imprinted on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed and no liability shall attach to the City or any officer or agent thereof, including any paying agent for the Bonds, by reason of such numbers or any use made thereof, including any use thereof made by the City, any such officer or any such agent, or by reason of any inaccuracy, error or omission with respect thereto or in such use. Ail expenses in relation to the printing of such numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of and shall be paid by the successful bidder for the Bonds. 5. The net proceeds from such sale shall be used to defray the cost of the City of Roanoke of needed permanent public improvements, including acquisitions, construction, additions, betterments, extensions and improvements, a portion of such permanent public improvements being a part of the Downtown Revitalization Plan, of and to public schools, libraries, fire stations and other public buildings, the system of storm drains, public sidewalks, streets, highways and bridges, and parks and other recreational purposes and the acquisition of real property for the foregoing; and for no other purpose. 6. The full faith and credit of the City shall be and hereby are pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while any of said Bonds are outstanding and unpaid, the City shall assess, levy and collect, at the same time and in the same manner as other taxes of said City are assessed, levied and collected, a tax upon all taxable property within the City sufficient to pay the principal of and interest on said Bonds as the same respectively become due and payable. 7. The City shall make no use of the proceeds of the sale of the Bonds which would cause said Bonds to be "arbitrage bonds" under §103(c) of the Internal Revenue Code of 1954, as amended, and the City shall comply with the applicable Treasury Regulations adopted thereunder so long as any of said Bonds are outstanding. 8. This resolution shall take effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25137. AN ORDINANCE permanently vacating, discontinuing and closing that certain alley located in Block 3, Official Survey, as is more particularly described hereinafter. WHEREAS, William J. 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 that certain alley which is more particularly described hereinafter; and WHEREAS, William J. Lotz did on March 26, 1980, duly and legally publish 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), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by affidavit of the City Sheriff appended to the application; and WHEREAS, more than ten (10) days having expired since the publication of the notice of said application, and in accordance with the prayer of said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by Resolution No. 25055, dated April 7, 1980, appointed viewers to view the property and report in writing whether in their opinion any inconvenience would result in permanently vacating, discontinuing and closing the aforesaid alley; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on May 20, 1980, that no inconvenience will result to any individual or to the public from permanentl' vacating, discontinuing and closing said alley; and WHEREAS, Council at its meeting on April 7, 1980, by the aforesaid Resolution, also referred the application to the City Planning Commission for study and recommendation; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on May 7, 1980, 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 June 9, 1980, 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 William J. Lotz, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley located in Block 3, Official Survey, situate in the City of Roanoke, Virginia, described as follows: BEGINNING at a point on the east side of Grove (6th) Street, NW at the northwest corner of Lot #4 Official Survey of Block 3, SW #7, being also 1111309 as shown on the official tax map of the City of Roanoke, Virginia; thence with the north line of said Lot #4, same being the southerly side of an alley, 90 feet, more or less, to the dividing line between Lots #4, and #6 in said Block 3; thence in a southerly direction with the easterly line of Lot #6 and Lot #5, 15 feet, more or less, to the southeast corner of Lot #3, same being also the north line of an alley; thence with said south line of Lots #3, #2 and #1 and with the north line of said alley in a westerly direction 90 feet, more or less, to the east side of Grove (6th) Street; thence in a southerly direction 15 feet, more or less, to the 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 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 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 alley of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby 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 William J. Lotz, and the name of any other party in interest who may so request, as grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The. 23rd day of June, 1980. No. 25138. AN ORDINANCE permanently vacating, discontinuing and closing that certain alley located between Fairfax Avenue, NW, and Moorman Avenue, NW, in Block 5 of Melrose Land Company, as is more particularly described hereinafter. WHEREAS, Earl H. Rogers 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 that certain alley which is more particularly described hereinafter; and WHEREAS, Earl H. Rogers did on March 26, 1980, duly and legally publish 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), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by affidavit of the City Sheriff appended to the application; and WHEREAS, more than ten (10) days having expired since the publication of the notice of said application, and in accordance with the prayer of said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by Resolution No. 25054, dated April 7, 1980, appointed viewers to view the property and report in writing whether in their opinion any inconvenience would result in permanently vacating, discontinuing and closing the aforesaid alley; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk on May 20, 1980, that no inconvenience will result to any individual or to the public from permanent- ly vacating, discontinuing and closing said alley; and WHEREAS, Council at its meeting on April 7, 1980, by the aforesaid Resolution, also referred the application to the City Planning Commission for study and recommendation; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on May 7, 1980, 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 June 9, 1980, 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 Earl H. Rogers, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley located between Fairfax Avenue, NW, and Moorman Avenue, NW, in Block 5 of Melrose Land Company, situate in the City of Roanoke, Virginia, described as follows: BEGINNING at the southeast corner of Lot 7, Block 5, Melrose Land Company, being point of intersection of the westerly line of an alley and the northerly line of Fairfax Avenue; thence with the southerly line of said Lot 7, N. 13° 53' 40" E. 187.0 feet to a point to the northeast corner of Lot 5, being also the intersection of the western line of said alley with the southerly line of Moorman Avenue, NW; thence with the westerly line of Moorman Avenue S. 76° 1' 20" East 10.2 feet, more or less, to the northwest corner of Lot 8, BlOck 5, Melrose Land Company; thence S. 13° 53' 40" W. with the westerly lines of Lots 8, 9, 10-A and ll-A of said Block 5, Melrose Land Company, 188 feet, more or less, to Fairfax Avenue, the southwest corner of said Lot ll-A; thence N. 66° 11' 20" W. 10.15 feet to the place of BEGINNING; and being a 10 foot wide alley lying east of Lots 5 and 7, Block 5, Melrose Land Company and west of Lots 8, 9, 10-A and ll-A. 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 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 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 alley of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby 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 Earl H. Rogers, and the name of any other party in interest who may so request, as grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25139. AN ORDINANCE permanently vacating, discontinuing and closing an unopened twelve-foot alley near Cleveland Avenue, S. W., and Eighteenth Street, S. W. and the portion of Cleveland Avenue, S. W., west of Eighteenth Street, S. W. WHEREAS, Seven-Up Bottling Company of Roanoke, Inc. and Al-Steel Fabricators, Inc. have heretofore filed their petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the aforesaid alley and street portion, due notice of the filing of said petition having been given to the public as required by law; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by the Council on the 7th day of April, 1980, to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing the aforesaid alley and street portion; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconvenience would result to any individual or to the public from permanently vacating, discontinuing and closing said alley and street portion; and WHEREAS, Council at its meeting on April 7, 1980, referred the petition to the City Planning Commission, which Commission in its report before Council on June 9, 1980, recommended that the request to close an unopened twelve-foot alley near Cleveland Avenue and Eighteenth Street, S. W. and the portion of Cleveland Avenue, S. W., west of Eighteenth Street, S. W., be granted; and WHEREAS, a public hearing was held on the question before Council at its meeting on the 9th day of June, 1980, at 7:30 p.m., after due and timely notice thereof published in the Roanoke Times & World News, at which hearing all parties and interested citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing the herein- after described alley and street portion, as recommended by the Planning Commission, and that accordingly said alley and street portion should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the unopened twelve-foot alley near Cleveland Avenue, S. W. and Eighteenth Street, S. W. and the portion of Cleveland Avenue, S. W., west of Eighteenth Street, S. W., more particularly described as follows: BEING all of that twelve-foot alley shown on City Appraisal Map #132 extending in a westerly direction through Block 46 of the West End and River View Land Company Map from the westerly line of the Virginian Railway right of way to Cleveland Avenue, S. W. (formerly Riverside Boulevard), said alley being bounded on the north (220 feet, more or less) by the southerly boundaries of the Virginian Railway right of way and Lots 4, 5, 6, 7 and 8, Block 46, of the West End and River View Land Company Map (Official Tax Nos. 1320710, 1320709, 1320708, and 1320707) and on the south (240.57 feet, more or less) by the northerly boundaries of Lots 12, 13, 14, 15 and 16, Block 46, of the West End and River View Land Company Map (Official Tax Nos. 1320715, 1320714, 1320713, 1320712 and 1320711). II BEING that portion of Cleveland Avenue, S. W., shown on City Apprai- sal Map #132 beginning at the intersection of Cleveland Avenue, S. W., with Eighteenth Street, S. W., and extending from said point in a westerly direction 335.4 feet to a point, thence in a northwesterly direction along the southwesterly boundaries of Lots 15 and 16, Block 46, of the West End and River View Land Company Map (the westerly portion of said street having formerly been known as Riverside Boulevard), said portion of Cleveland Avenue, S. W., being bounded on the north and northeast by the southerly and southwesterly boundaries of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 46, of the West End and River View Land Company Map (Official Tax Nos. 1320715, 1320714, 1320713, 1320712, and 1320711) and on the south by the northerly boundaries of former Lots 1, 2, 3, 4, 5 and 6, Block 63, of the West End and River View Land Company Map (now a portion of a 5.4 acre tra~t bearing Official Tax No. 1321101) and a portion of the 2.5 acre tract bordering the Roanoke River and bearing Official Tax No. 1321401. BE, and it hereby is, permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and of the public to the same be, and it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, the City of Roanoke, Virginia, reserving unto itself, however, a perpetual easement for the continued right of ownership, maintenance, operation, repair, or replacement of sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid alley and street portion, together with a necessary right of way therefor. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "Permanently Vacated" on the abovedescribed alley and street portion on all maps and plats on file in his office on which the said alley and street portion is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the City deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown the said alley and street portion, now as provided by law, and that if requested by any party in interest, he may record the same in the deed book in his office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor and in the name of any party in interest who may request as Grantee. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25145. AN ORDINANCE authorizing the rental of four (4) square feet of floor space in the trans- mitter building atop Mill Mountain to CEBE %nvestment, Inc., trading as WXLK-FM for use, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City agrees to rent to CEBE Investment, Inc., trading as WXLK-FM four (4) square feet of floor space in the transmitter building atop Mill Mountain for said proprietor's use for the placement and operation of an FM translator, with associated equipment, and, also, space on the tower adjacent to said building for their antenna, to be connected by coaxial cable to the radio equipment in said building. 2. That the City Manager and City Clerk are authorized and directed to execute and to attest, respectively, on behalf of the City, a lease agreement with CEBE Investment, Inc., trading as WXLK-FM providing for rental of the aforesaid property and space on a month-to-month basis for an annual rental of $624.00, payable in equal quarter-annual payments of $156.00 each, such lease 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 is approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25150. AN ORDINANCE authorizing the lease of the City Market Building and Fire Station No. 1 to Downtown Associates, upon certain terms and conditions. WHEREAS, Moore, Grover, Harper and the American City Corporation recommended in Roanoke Design 79 that the City seek qualified private developers to lease and develop the City Market Building and Fire Station No. 1; WHEREAS, the City publicly advertised for proposals for such lease and development in national and local publications on October 12 and 14, 1979; WHEREAS, three proposals were submitted, and one of the proposers, Fralin and Waldron, Inc. and Arnold P. Masinter, later withdrew their proposal in favor of that of Landmarks Planning, Inc.; WHEREAS, a committee of Council has determined that the proposal of Landmarks Planning, Inc. is the most responsive and best proposal of those submitted; WHEREAS, Landmarks Planning, Inc., has indicated that the legal entity to lease the City Market Building and Fire Station No. 1 will be Downtown Associates; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Downtown Associates to lease the City Market Building and Fire Station No. 1 upon certain conditions is hereby ACCEPTED. 2. The City Market Building shall be developed as a food oriented center and Fire Station No. 1 shall be developed as a restaurant. 3. The City Market Building and Fire Station No. 1 shall be leased to Downtown Associates (lessee) by separate lease instruments, each providing for an initial term of twenty years with the lessee having the exclusive option of renewing such leases for two additional ten-year periods, provided that under no circumstances shall the term of the original lease and all options exceed forty years. 4. The rental on the City Market Building shall be, on an annual basis, 1/4% of up to $2,000,000 in gross receipts, 3/4% of the next $3,000,000 in gross receipts and 1% of gross receipts in excess of $5,000,000. 5. The rental on Fire Station No. 1 shall be, on an annual basis, 1/2% of up to $1,000,000 in gross receipts, 3/4% of the next $1,000,000 in gross receipts and 1% of gross receipts over $2,000,000. 6. The City Manager is hereby authorized, for and on behalf of the City, to execute a written lease of the aforesaid properties to the said lessee, such lease to be upon form approved by the City Attorney. APPROVED ATTEST/_,.~~~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25152. AN ORDINANCE authorizing the City Manager to accept a grant award in the amount of $30,000 from the Virginia Historic Landmarks Commission and to execute documents relating to such grant award and further authorizing the City Manager to enter a contract with Landmark Planning, Inc. for the preparation of a rehabilitation and reuse plan for the City Market Building, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to accept on behalf of the City a grant award in the amount of $30,000 from the Virginia Historic Landmarks Commission for the preparation of the rehabilitation and reuse plan for the City Market Building. The City Manager is further authorized on behalf of the City of Roanoke to execute all documents required by the Virginia Historic Landmarks Commission with respect to such grant award. 2. The City Manager is further authorized to enter a contract with Landmark Planning, Inc., for the preparation of a rehabilitation and reuse plan for the City Market Building, such plan to include preliminary market analysis, architectural plan and cost estimates, leasing plan, financing plan, actual leasing and construction financing. The total cost of such plan shall be $60,000 and the cost to the City shall not exceed $30,000, the amount of the grant award from the Virginia Historic Landmarks Commission. The form of the contract between the City and Landmark Planning, Inc. shall be approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25154. AN ORDINANCE amending and reordaining Chapter 15, Health and Sanitation Generally, of the Code of the City of Roanoke (1979) by adding a new article numbered IV, consisting of Sections 15-47, 15-48 and 15-49, providing for regulation of barber and beauty shops and requiring a permit to operate or maintain such businesses; amending Chapter 26, Sewers and Sewage Disposal, of such Code by amending Sections 26-29 and 26-31 to provide that the Director of Finance rather than the City Manager shall have certain powers and duties with respect to sewage disposal fee collection; and providing for an effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 15, Health and Sanitation Generally, of the Code of the City of Roanoke (1979), is hereby amended by the addition of a new article numbered IV to read and provide as follows: Chapter 15. HEALTH AND SANITATION GENERALLY Article IV. Barber and Beauty Culture. Sec. 15-47. Regulations governing barber shops~ etc. The Department of Health shall have power to promulgate, adopt and enforce rules and regulations, not inconsistent with this article and other ordinances, governing the design, equipment and operation of barber and beauty shops. Sec. 15-48. Permits required. It shall be unlawful for any person to conduct, operate or maintain a barber shop, barber school, beauty culture or manicuring establish- ment or school in the city without first applying for and obtaining from the Department of Health a permit to conduct such business. Permits for such establishments shall be posted in some conspicuous place in the establishment and renewed annually. Sec. 15-49. Violations of article or rules or regulations. Any person violating any of the provisions of this article or any of the rules or regulations promulgated by the Department of Health pursuant to the provisions of this chapter shall be deemed guilty of a Class IV misdemeanor. 2. Chapter 26, Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), is hereby amended and reordained as follows: Sec. 26-29. Collection generally; reports to director of finance. The charges imposed under this article shall be collected by each distributor or seller of water from the purchaser thereof and all such charges shall be paid by the purchaser to the seller thereof for the use of the city at the times that the periodic purchase prices for such water shall become due and payable under the agreement between the purchaser and the seller. It shall be the duty of every such seller, in acting as such collecting medium or agency for the city, to collect from the purchaser, for the use of the city, the charges imposed under this article, at the time of collecting his periodic water charges and both the amount of his water bills and the amount of the charges collected during each calendar month shall be reported by each seller to the director of finance on or before the fifteenth day of the month next following, together with the name and address of any purchaser who has refused to pay the charges imposed under this article, and the amounts of such charges due from him. Simultaneously therewith, the seller shall remit to the director of finance all such charges so collected and reported. The required report shall be in the form prescribed by the director of finance. Sec. 26-31. Duty of director of finance to collect; disposition of funds. The director of finance shall be empowered to and charged with the duty of collecting the charges imposed under this article and shall cause all money so collected to be deposited in banks, as directed by the city treasurer, to the credit of the "City of Roanoke-Sewage Treatment Fund." 3. This ordinance shall be in full force and effect on and after July 1, 1980. APPROVED ATTEST:~..~ ~ ~' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25159. AN ORDINANCE accepting a certain proposal for the operation of catering and concession services at the Roanoke Civic Center, upon certain terms and conditions; authorizing the proper City officials to execute the requisite agreement therefor; rejecting a certain other proposal; and providing for the effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal made by American Motor Inns, t/a AMI Catering Service (AMI), received at the Council meeting of May 27, 1980, for the operation of catering and concession services at the Roanoke Civic Center for a five-year term with allowance for an additional five year term upon agreement of the parties, is ACCEPTED. AMI's proposal conformed to the City's terms, conditions and specifications made therefor. The bidder agreed to pay to the City the greater sum of $3,000.00 per month or 15% of gross receipts from catering sales and 33% of gross receipts from concession sales. 2. The proper City officials are authorized to execute, on behalf of the City, the requisite agreements and documents, incorporating the City's specifications, the terms of AMI's proposal and the terms and provisions of this ordinance, the same to be upon form approved by the City Attorney. 3. The other bid made to the City for the operation of these services is rejected. The City Clerk is directed to notify the other bidder and to express the City's appreciation of its bid. 4. This ordinance shall be effective on and after August 1, 1980. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25161. A RESOLUTION recognizing the meritorious service of the Honorable Lucian Y. Grove, Member of City Council. WHEREAS, the Honorable Lucian Y. Grove faithfully served as a member of this Council from July 1, 1976, to June 30, 1980; WHEREAS, during his tenure on Council, Mr. Grove sought to apply sound business principles to the operation of local government and worked to insure the fiscal soundness of this City governmen and while doing so, always sought to further the best interests of the entire community; and WHEREAS, Mr. Grove gave unselfishly of his time and ability serving as Council member of numerous bid committees considering bids for public construction contracts and other capital improvements and also serving as a member of the Roanoke Redevelopment and Housing Authority, the Water Resources Committee, Personnel Committee, Fifth Planning District Commission, Budget and Planning Committee and numerous other committees of the Council, to which assignments he applied his substantial business and engineering expertise; 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 Lucian Y. Grove. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25162. A RESOLUTION recognizing the meritorious service of the Honorable G. Frank Clement, Member of City Council. WHEREAS, the Honorable G. Frank Clement faithfully served as a member of this Council from January 7, 1980, to June 30, 1980, having been appointed to fill the unexpired term of William S. Hubard; WHEREAS, Mr. Clement, during his service on Council, demonstrated himself to be a dedicated citizen exemplifying in his actions on Council attributes of competence, fairness and loyalty to the best interests of the City and its inhabitants and earning the highest respect of his fellow Council members and the citizens of this City; WHEREAS, Mr. Clement gave unselfishly of his time and ability serving as a member of the Audit Committee, Personnel Committee, Budget and Planning Committee, Regional Courthouse Committee, Courts Facility Advisory Committee and as a member of the Board of Directors of Greater Roanoke Transit Company; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council adopts this means of recognizing the very meritorious services rendered to the City of Roanoke and the achievements of the Honorable G. Frank Clement. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25163. A RESOLUTION recognizing the services of the Honorable Charles L. Landis as Vice-Mayor and extending to him the appreciation of Council for such services. WHEREAS, the Honorable Charles L. Landis served as Vice-Mayor of the City of Roanoke from July 1, 1978, to June 30, 1980, by virtue of his having received the greatest number of votes in the Councilmanic election held on May 2, 1978; WHEREAS, during this time period, Vice-Mayor Landis gave unselfishly of his time in representing the City at numerous official functions; WHEREAS, Vice-Mayor Landis also presided over the meetings of this Council in the absence of the Mayor and always handled this important assignment efficiently, fairly and in a dignified manner; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council adopts this means of recognizing the meritorious services rendered to the City by the Honorable Charles L. Landis and extending to him the appreciation of Council for his services as Vice-Mayor. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25164. A RESOLUTION providing for the appointment of five viewers, any three of whom may act, in connection with the application of Community Hospital of Roanoke Valley to permanently vacate, discontinue and close (1) Mountain Avenue, S. E., from the extended easterly line of First Street, S. E., westerly to the extended easterly line of an alley in the Block between Jefferson Street and First Street, S. E., and (2) First Street, S. E., from the extended southerly line of Mountain Avenue, S. E., to the northerly extended line of Highland Avenue, S. E., for the entire length and width of said streets; and referring the proposal to the City Planning Commission for study and recommendation. WHEREAS, it appearing to the Council of the City of Roanoke, Virginia, that said petitioner did on June 12, 1980, duly and legally post as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of its application to be made this day to the Council of the City of Roanoke, Virginia, to close those certain streets located in the City of Roanoke, Virginia, shown on Sheet No. 402 of the Tax Appraisal Map of the City of Roanoke, Virginia, more particularly described as follows, to wit: (1) Mountain Avenue, S. E., from the extended easterly line of First Street, S. E., westerly to the extended easterly line of an alley in the Block between Jefferson Street and First Street, S. E., and (2) First Street, S. E., from the extended southerly line of Mountain Avenue, S. E., to the northerly extended line of Highland Avenue, S. E., and that a copy of the notice was posted on the front door of the Courthouse of the Circuit Court of the City of Roanoke in the City of Roanoke, Virginia, (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance) as provided by the aforesaid Section of the Virginia Code, as amended, all of which is verified by an affidavit attached to the application addressed to the Council requesting that the hereinafter described streets be permanently vacated, discontinued and closed; and WHEREAS, it appearing to the Council that' more than ten (10) days have elapsed since the publication of such proper legal notice, and the Council having considered said application to permanently vacate, discontinue and close the aforesaid streets; and WHEREAS, the applicant has requested that five viewers, any three of whom may act, be appointed to view the hereinabove described streets sought to be permanently vacated, discontinued and closed and report in writing, as required by Section 15.1-364 of the 1950 Code of Virginia, as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that Messrs. R. Lee Mastin, Fred DeFelice, L. Elwood Norris, George W. Overby and Edward H. Brewer, Jr., any three of whom may act, be appointed as viewers, to view the aforesaid described streets and repo~ in writing, pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing the same. BE IT FURTHER RESOLVED that the aforesaid application to permanently vacate, discontinue and close the above described streets, be, and the said proposal is, hereby referred to the City Planning Commission for study and recommendation back to the City Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25165. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Public Works (1-4) .................................. $12,782,708.00 (1) Net increase (A01160120010) (2) Net decrease (A01165890010) (3) Net decrease (A01166690010) (4) ~e~ ~ecrease (A0i1662900i0) $30,000.00 8,886.00 5,250.00 15,864.00 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 June, 1980. No. 25166. AN ORDINANCE authorizing the City Manager to enter into a contract with Arthur Young and Company, of Richmond, Virginia, to provide for the initiation of a Resource Management System for the Public Works Directorate; 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 Arthur Young and Company, of Richmond, Virginia, for the initiation of a Resource Management System for the Public Works Directorate to provide the basis for improved efficiency and effectiveness in the Street Maintenance Department, to review the existing work order system, and to identify the potential for short-term improvements which can be made within the context of the existing system; such contract to be approved by the City Attorney. 2. The maximum compensation to Arthur Young and Company under the contract authorized by this ordinance shall be $30,000.00, on condition that no payment will be made until such time as savings or increased productivity in excess of $30,000.00 are identified for the Street Maintenan~ Department. 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 23rd day of June, 1980. No. 25167. A RESOLUTION guaranteeing the local share of a capital grant from the Urban Mass Transporta- tion Administration, pursuant to the Urban Initiatives Program of the Urban Mass Transportation Act of 1964, as amended, to be made to Greater Roanoke Transit Company, in connection with the Intermodal Transportation Terminal on Campbell Avenue. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City guarantees to the Urban Mass Transportation Administration that, in connection with the proposed Intermodal Transportation Terminal on Campbell Avenue, it will provide its matching share of $524,320, constituting 20% of the estimated project cost of $2,621,600. It is anticipated that the State of Virginia will pay for 90% of the local match, resulting in a net cost to the City of $52,432; however, the City's guarantee is not conditioned upon receipt of such funds from the State of Virginia. 2. The proper City officials and contractors are authorized to furnish such additional information as may be required in this regard to the United States Department of Transportation. 3. The City hereby assures that it will comply with the requirements of Title VI of the Civil Rights Act of 1964 and the United States Department of Transportation regulations promulgated thereunder. 4. It is the City's goal that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to insure that minority business enterprises shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, consultant or other services. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25168. AN ORDINANCE authorizing the employment of the professional services of certain architects and engineers to conduct a bridge inspection program during fiscal year 1979-80 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, Architects-Engineers, of Roanoke, Virginia, be, and is hereby employed to perform certain professional services and to conduct a bridge inspection program for fiscal year 1979-80 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 $18,000.00 without further authorization of the Council, said fee to be determined on the basis set out in the written proposal submitted by said firm. 2. 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, 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 upon such form as is approved by the City Attorney. 198 3. 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25169. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Capital Projects 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 1979-80 General Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations: Engineering, Planning & Building Inspection (1) ............... $ 933,333.00 Transfers to Capital Projects Fund (2) ........................ 1,376,176.85 Capital Projects Fund Appropriations: Energy Conservation Design System (3) ......................... 42,000.00 (1) Net decrease (A01124820010) $42,000.00 (2) Net increase (A01185587508) 42,000.00 (3) Net increase (A08503590001) 42,000.00 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 23rd day of June, 1980. No. 25170. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Social Services (1 & 2) ................................ $6,836,160.00 (1) Net increase (A01153728701) $8,772.00 (2) Net decrease (A01153752101)~ $8,772.00 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 June, 1980. No. 25171. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and Capital Projects 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 1979-80 General Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Building Maintenance (1) .............................. $2,501,771.00 Refuse Collection (2) ................................. 1,879,139.00 Transfers to Capital Projects Fund (3) ................ 1,354,176.85 CAPITAL PROJECTS FUND APPROPRIATIONS City Garage Ventilation System (4) .................... (1) Net decrease (A01166490010) (2) Net decrease (A01166990010) (3) Net increase (A01185587508) (4) Net increase (A08504090001) $11,800.00 8,200.00 20,000.00 20,000.00 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25172. AN ORDINANCE to amend and reordain Subsections (a) and (c), of Section 5.08, Bulk Container Units - When Required~ Defined~ Placement, and Charges, of Chapter 3, Sanitary Regulations, of Title XIII Health, of the Code of the City of Roanoke (1956), as amended, so as to require the use of bulk containers under certain circumstances; to provide that such units be properly numbered and maintained; to impose a service charge for collection of such units; such ordinance to be effective on and after August 4, 1980; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsections (a) and (c), of Section 5.08, Bulk Container Units - When Required, Defined, Placement, and Charges, of Chapter 3, Sanitary Regulations, of Title XIII Health, of the Code of the City of Roanoke (1956), as amended, be and said subsections are hereby amended and reordained as follows: Section 5.08. Bulk Container Units - When Required, Defined, Placement, and Charges. (a) All businesses, commercial establishments, apartment or dwelling units, except single family dwellings, under the same ownership that, during any consecutive four-week period, have at any location an average of ten or more separate containers of garbage, such as garbage cans, plastic bags and the like per collection, shall be required to have a front-loading or rear-loading bulk container unit, unless the City Manager determines that bulk container collection is inappropriate because of inaccessibility to collection vehicles or space limitations of the premises involved. The term "front-loading bulk container unit" shall mean a metal container of not less than six (6) 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 shall have sliding doors on both sides and a hinged door on the top. The term "rear-loading bulk container unit" 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 1 1/2" drain pipe and casters. Front- and rear-loading bulk container units shall be kept clean inside and out, neat in appearance, and free from offensive odors. Each unit shall be numbered by user or supplier with a number furnished by the City Manager and shall be placed at a location on the premises satisfactory with the City Manager. The refuse in such containers shall be the only refuse collected from the premises. (c) For each collection of a front- or rear-loading bulk container unit, there shall be a charge, in such amount as is prescribed by the City Council, imposed upon the owner or occupant of such location. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after August 4, 1980. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25173. A RESOLUTION establishing the fee to be charged by the City, effective August 4, 1980, for each collection of front-loader bulk container units and rear-loader bulk container units. BE IT RESOLVED by the Council of the City of Roanoke that, effective August 4, 1980, the City of Roanoke shall impose and charge a fee of $8.00 for each collection of a front-loader bulk container unit and $3.00 for each collection of a rear-loader bulk container unit. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25174. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Virginia Commission for Arts Grant No. 81-223 (A356241) (1) ................................ $2,000.00 REVENUE Virginia Commission for Arts Grant No. 81-223 (R356241) (2) ................................ 2,000.00 (1) Net increase (A35624120010) (2) Net increase (R35624121) $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 23rd day of June, 1980. No. 25175. A RESOLUTION authorizing the acceptance of State-Local Partnership Grant No. 81-223 made to the City by the Virginia Commission for the Arts to finance the construction of display panels for the Civic Center Auditorium lobby, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Virginia Commission for the Arts of State-Local Partnership Grant No. 81-223 in the amount of $2,000.00 to finance construction of display panels for the City's Civic Center Auditorium lobby. 2. The City Manager be, and he is hereby authorized, to accept, execute, and file on behalf of the City of RoanOke any special conditions which apply to the acceptance of this grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Commission for the Arts in connection with the City's acceptance of the aforesaid grant. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25176. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Planning and Analysis Unit Grant 80A5164 (A357428) (1-3) .......................... $13,309.00 'REVENUE Police Planning and Analysis Unit Grant 80A5164 (R357428) (4,5) .......................... 13,309.00 (1) Net increase (A35742810002) (2) Net increase (A35742830047) (3) Net increase (A35742830005) (4) Net increase (R35742821) (5) Net increase (R35742831) $11,309.00 1,300.00 700.00 12,643.00 666.00 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 23rd day of June, 1980. No. 25177. A RESOLUTION authorizing the acceptance of Law Enforcement Grant No. 80-A5164 made to the City of Roanoke by the State Division of Justice and Crime Prevention and authorizing the accep- tance, execution and filing of the "Special Conditions for Action Grant Awards" with DJCP for an action grant of Federal funds for the continuation of the operation of a planning and analysis unit in the Police Department. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the State Division of Justice and Crime Prevention of Law Enforcement Grant No. 80-A5164 in the total amount of $13,309.00, consisting of $11,978.00 from DJCP Block Funds, $665.00 from DJCP General Funds, and $666.00 from a local cash match, for the purpose of providing continuation of the operation of a planning and analysis unit in the Police Department. 2. H.B. Ewert, City Manager, or his successor in office, be and he is hereby authorized to accept, execute and file on behalf of the City of Roanoke the "Special Conditions for Action Grant Awards" with DJCP for Action Grant No. 80-A5164. 3. The City Manager or his successor in Office is further directed to furnish such additional information as may be required by DJCP in connection with the City's acceptance of the foregoing grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, V%RGINIA, The 23rd day of June, 1980. No. 25178. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Materials Control (1) .................................... $ 466,164.00 City Information Services (2) ............................ 602,825.00 Fire Department (3-5) .................................... 4,091,300.10 (1) Net decrease (A01131120025) (2) Net decrease (A01132520055) (3) Net increase (A01134725515) (4) Net increase (A01134730035) (5) Net increase (A01134790020) $22,500.00 6,700.00 14,750.00 6,700.00 7,750.00 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 June, 1980. No. 25179. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended ar reordained to read as follows, in part: APPROPRIATIONS Sewage Treatment Fund (1 & 2) ........................... $10,713,759.20 (1) Net increase (A03200340031) (2) Net decrease (A03200325515) $12,764.50 12,764.50 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 June, 1980. No. 25180. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sewage Treatment Fund (1 & 2) .............................. $10,713,759.20 (1) Net increase (A03200330050) (2) Net decrease (A03200325515) $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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25181. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Civic Center Fund (1 - 31) ................................. $1,748,394.00 (1) Net increase (A05200521010) (2) Net increase (A05200540015) (3) Net increase (A05200540003) (4) Net increase (A05200540005) (5) Net decrease (A05200540017) (6) Net decrease (A05200540009) (7) Net decrease (A05200540007) (8) Net decrease (A05200511050) (9) Net decrease (A05200511060) (10) Net decrease (A05200520010) (11) Net decrease (A05200520020) (12) Net decrease (A05200520025) (13) Net decrease (A05200525510) (14) Net decrease (A05202020090) (15) Net decrease (A05200530030) (16) Net decrease (A05200530045) (17) Net decrease (A05200530050) (18) Net decrease (A05200525505) (19) Net decrease (A05200530005) (20) Net decrease (A05200530010) (21) Net decrease (A05200530015) (22) Net decrease (A05202020015) (23) Net decrease (A05202010014) (24) Net decrease (A05202020088) (25) Net decrease (A05200523005) (26) Net decrease (A05200523010) (27) Net decrease (A05200523015) (28) Net decrease (A05200520030) (29) Net decrease (A05200520035) (30) Net decrease (A05200520040) $ 5,826.00 15,500.00 51,000.00 9,800.00 1,500.00 1,000.00 2,000.00 990.00 200.00 4,000.00 800.00 13,000.00 1,000.00 1,220.00 600.00 2,000.00 3,100.00 12,000.00 1,000.00 1,800.00 300.00 2,000.00 778.O0 5O0.OO 1,000.00 500.00 1,200.00 64.00 200.00 350.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25182. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Materials Control (1 & 2) .............................. $488,664.00 (1) Net increase (A01131190020) (2) Net decrease (A01131120025) $15,483.09 15,483.09 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 23rd day of June, 1980. No. 25183. AN ORDINANCE accepting a bid and awarding a contract for updating the City's Fuel Manage- ment System; authorizing the proper City officials to execute the requisite contract; rejecting the other bid made therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Mountain Equipment Company, for furnishing the necessary equipment and installation to update the City's Fuel Management System, in full accordance with the City's plans and specifications made for said work, for the total sum not to exceed $15,483.09 without the further authorization of Council, be and said bid is hereby ACCEPTED. 2. 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, 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, and is hereby 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. The other bid made to the City for said work is hereby REJECTED; the City Clerk to so notify said 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 passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25184. AN ORDINANCE to amend and reordain certain sections of the 1979-80 General Fund and 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 1979-80 General Fund and Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS General Fund (1-9) ......................................... $90,609,627.76 WATER FUND APPROPRIATIONS Unidentified Construction (10) ............................. Vehicular Equipment (11) ................................... 219,831.94 6,293.06 (1) Net increase (A01160590015) (2) Net increase (A01153790010) (3) Net increase (A01134590010) (4) Net increase (A01124890010) (5) Net increase (A01166990010) (6) Net decrease (A01160530065) (7) Net decrease (A01153723015) (8) Net decrease (A01131120025) (9) Net decrease (A01166920010) (10) Net decrease (A02240190501) (11) Net increase (A02200290010) $18,711.88 2,949.00 32,885.23 2,459.00 .10,661.19 .29,373.07 2,949.00 32,885.23 2,459.00 6,293.06 6,293.06 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 June, 1980. No. 25185. AN ORDINANCE providing for the purchase of certain vehicles and equipment for use by the City, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and delivering said vehicles and equipment; rejecting certain 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 the following named bidders made to the City and recently opened to furnish to the City the vehicles and equipment hereinafter set out and generally described, but more particularly described in the City's specifications and alternates and in said bidder's proposals, be and are hereby ACCEPTED, at the purchase prices set out with each said item and the name of each successful bidder thereon, viz: Quantity and Successful Total Description Bidder Purchase Price 1 - New tractor mounted Rotary Ditcher 2 - New 1/2 ton pick-up truck, 6 cyt. w/air conditioning 1 - New trailer mounted brush chipper 1 - New Cab/Chassis minimum 27,500 GVW rating, 108" cab to axle dimension, 177" wheel base 1 - 12-foot dump body, min- imum 7 ton rated, fur- nished and mounted on above cab/chassis 1 - New cab/chassis min- imum 10,000 lb GVW, CA dimension 60", approx. 136" wheel- base 3 - New cab/chassis, minimum 27,500 GVW, 108" cab to axle dimension, 177" wheelbase 3 - New 12 ft. dump bodies minimum 7 ton rated, furnished and mounted 1 - New cab/chassis, mini- mum 64,000 lb GVW, CT dimension, 141" to cen- ter'of tunnion 1 - New front loading refuse collection/ high compaction body, 33 cu. yd. capacity 2 - 4-door subcompact w/ air conditioning and automatic 1 - 4-door subcompact w/air conditioning 3 - 4-door subcompact with air condition- ing and auto 1 - 4-door compact w/air conditioning 1 - front wheel drive subcompact Shaffer Equipment and Supply Co., Inc. Magic City Motor Corporation Shaffer Equipment and Supply Co., Inc. Johnson International Trucks Inc. Roanoke Welding Co. Magic City Motor Corporation Johnson International Truck, Inc. Roanoke Welding Company Fulton Trucks, Inc. Cavalier Equipment Corp. Toyota of Roanoke Valley, Inc. Toyota of Roanoke Valley, Inc. Toyota of Roanoke Valley, Inc. Magic City Motor Corporation Roanoke Valley Motors, Inc. $ 21,114.00 $ 12,750.44 $ 9,720.00 $ 14,887.38 $ 3,824.50 $ 7,417.58 $ 46,795.65 $ 11,653.50 $ 51,215.00 $ 31,476.00 $ 12,366.00 $ 5,933.00 $ 18,549.00 $ 6,293.06 $ 6,894.08 4 - New, 3-wheeled gaso- line powered vehicles 1 - New two-wheel police motorcycle 7 - New high compaction, 20 cu. yd., rear loading refuse bodies to be supplied and installed on City trucks Haight Engineering Butterfields Harley-Davidson Inc. First Piedmont Corporation $ 20,000.00 $ 5,991.15 $ 107,157.75. 2. The City's Manager of Purchasing and Materials Control be, and is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals, and the terms and provisions of this ordinance. 3. Upon delivery to the City of the aforesaid vehicles and equipment and upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to the aforesaid successful bidders for the aforesaid purchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated for this purpose. 4. The other bids made to the City for the supply of such vehicles and 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. 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 23rd day of June, 1980. No. 25186. A RESOLUTION providing for a Special Meeting of the Council to be held on Tuesday, June 24, 1980, at 11:00 a.m., Eastern Daylight Time. WHEREAS, provisions have been made by the City Council that certain bonds of the City be advertised for sale by the City, bids for the purchase thereof being advertised to be opened before the Mayor and the Members of the Council at ll:00 a.m., Eastern Daylight Time, on Tuesday, June 24, 1980; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of the Council of the City of Roanoke be held at 11:00 a.m., Eastern Daylight Time, on Tuesday, June 24, 1980, 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 $12,500,000 general obligation bonds of this City which consist of $8,000,000 principal amount of General Obligation Public Building Bonds authorized by Ordinance No. 25121, dated June 9, 1980, and $4,500,000 principal amount of Public Improvement Bonds, Series 1980 A, 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25187. AN ORDINANCE amending Section 81.24 of Article VI.I, Stopping, Standing and Parking, of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1956), as amended, to provide for certain changes in the regulations pertaining to the sale of impounded vehicles; providing for an effective date of this ordinance; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 81.24 of Article VI.i, Stopping, Standin~ and Parking, of Chapter 1, Traffic Code, of Title XVIII, Motor Vehicles'and Traffic, of the Code of the City of Roanoke (1956), as amended, be amended and reordained to read and provide as follows: Section 81.24. Sale of impounded vehicles. Should the owner of any vehicle fail or refuse to pay the charges and costs set forth in this division or should the identity or whereabouts of such owner be unknown or unascertainable after a diligent search has been made and after notice to such owner at his last known address and the holder of any lien of record in the office of the Division of Motor Vehicles in Virginia against such vehicle, the Chief of Police may, after holding such vehicle forty (40) days, and after due notice of sale, dispose of the same at public sale and the proceeds of such sale shall be forwarded by him to the City Treasurer; provided, that if the value of such vehicle is determined by three (3) disinterested dealers or garagemen to be less than one hundred fifty ($150.00) it may be disposed of by private sale or junked. The City Treasurer shall pay from the proceeds of sale the cost of removal, storage, investigation as to ownership and liens and notice of sale; and the balance of such funds shall be held by him for the owner and paid to the owner upon satisfactory proof of ownership. If no claim has been made by the owner of the proceeds of such sale, the remaining funds shall be deposited in a special fund of the City. Any such owner shall be entitled to apply to the City within three (3) years from the date of such sale and if timely application is made therefor, the City shall pay the same to the owner without interest or other charges. If unclaimed after three (3) years, the funds shall be transferred to the general fund of the City. No claim shall be made nor shall any suit, action or pro- ceeding be instituted for the recovery of such funds after three (3) years from the date of such sale. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 1, 1980. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25189. (1979). A RESOLUTION relating to the price of and distribution of the Code of the City of Roanoke BE IT RESOLVED by the Council of the City of Roanoke that: 1. The price of the Code of the City of Roanoke (1979) shall be $135.00 which price shall include the cost of the initial supplement issued to bring the Code up-to-date and the first six-month supplement. 2. Free, complementary copies of such Code shall be distributed to Judges of the Circuit Court, General District Court and Juvenile and Domestic Relations District Court, the members of Council and the Virginia Municipal League for inclusion in the League's library. 3. The City Attorney and City Clerk shall be authorized to trade not more than twenty (20) copies of such Code to other localities in return for copies of their local codes. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25190. A RESOLUTION authorizing the sale of certain real estate for the collection of delinquent taxes and providing for an attorney to accomplish such sale. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Sale of the following real property, pursuant to Section 58-1117.1, et seq., Code of Virginia (1950), as amended, is authorized for the purpose of collection of delinquent taxes on such property: (a) easterly one-half of Lot 1, Block 19, Map of Hyde Park, Official Tax No. 2212111; and (b) westerly one-half of Lot 1, Block 19, Map of Hyde Park, Official Tax No. 2212110. 2. Proceedings for the sale of the aforesaid property for the collection of all delinquent taxes shall be instituted and conducted in the name of the City of Roanoke. 3. The City Attorney shall be authorized to retain private counsel mutually agreeable to the City and the Southwest Virginia Community Development Fund to accomplish the sale of such properties. The fees of such private counsel and the costs of all legal proceedings shall be borne by Southwest Virginia Community Development Fund. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25191. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS City Assessor (1-5) ............................. $ 275,621.00 General Fund Contingency Reserve (6) ............ 116,823.94 Transfers to Capital Projects Fund (7) .......... 1,369,176.85 Municipal Building Remodeling (8) ............... 35,000.00 (1) Net decrease (A01040710002) (2) Net decrease (A01040720020) (3) Net decrease (A01040723015) (4) Net decrease (A01040725515) (5) Net decrease (A01040730010) (6) Net decrease (A01188072006) (7) Net increase (A01185587508) (8) Net increase (A08300690001) $ 3,500.00 1,100.00 4,700.00 290.00 7,500.00 17,910.00 35,000.00 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 23rd day of June, 1980. No. 25192. AN ORDINANCE to amend and reordain certain sections of the 1979-80 Grant Programs Fund Appropriations and Fifth DiStrict Employment Training Consortium Fund Appropriations, and providing f an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1979-80 Grant Programs Fund Appropriations and Fifth District Employment Training Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part APPROPRIATIONS CETA Control Totals (A357827) (1) ............................ $25,935,175.62 Title II-AB (A348061) (2) .................................... 2,230,871.38 REVENUE CETA Drawdowns (R357801) (3) ................................. 25,935,175.62 Title II-AB (R348001) (4) .................................... 2,230,871.38 (1) Net increase (A35782725010) (2) Net decrease (A34806199999) (3) Net increase (R35780101) (4) Net decrease (R34800161) $59,955.62 59,955.62 59,955.62 59,955.62 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 June, 1980. No. 25193. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaim to read as follows, in part: APPROPRIATIONS Community Development Block Grant (B-79-MC-51-002) (A356805) (1-5) ................................................ $2,576,657.57 REVENUE Community Development Block Grant Parking Lot Income (R35684641) (6) ...................................... 115,018.04 (1) Net increase (A35680595005) (2) Net increase (A35680592904) (3) Net increase (A35680592603) (4) Net increase (A35680597002) (5) Net decrease (A35680595001) (6) Net increase (R35684641) $ 28,503.34 76,654.00 79,006.00 10,419.00 166,079.00 28,503.34 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25194. AN ORDINANCE accepting the bid of Johnston-Vest Electric Corporation of Roanoke, Virginia, to replace certain air conditioning equipment in the Human Services Third Street Annex; 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 of Johnston-Vest Electric Corporation of Roanoke, Virginia, in the amount of $14,870.00, to replace certain air conditioning equipment in the Human Services Third Street Annex, be and said bid is hereby ACCEPTED. 2. 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, the requisite contract with Johnston-Vest Electric Corporation, the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the plans and specifications for said work; said contract to 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 23rd day of June, 1980. No. 25195. A RESOLUTION rejecting all bids for certain new lighting, fixtures and related wiring at the Roanoke Municipal Airport, Woodrum Field. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for new wiring, conduit, fixture bases and steel housing for medium intensity taxiway lights at Roanoke Municipal Airport, Woodrum Field, are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in scope of the project deemed advisable and to cause the project to be readvertised for bids. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25196. AN ORDINANCE accepting the bid of Steel and Tank Service Company, for cleaning and painting the Hollins Station Water Tank, 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 $11,600.00, for cleaning and painting the exterior and interior of the Hollins Station Ellipsoidal Type Water Tank, 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 heretofore 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 apprecia- tion 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 23rd day of June, 1980. No. 25197. AN ORDINANCE accepting the bid of John A. Hall & Company, Inc., of Roanoke, Virginia, to perform certain miscellaneous smaii area street and sidewalk restoration in the City; rejecting other bids; 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 of John A. Hall & Company, Inc., of Roanoke, Virginia, to perform certain miscellaneous small area street and sidewalk restoration in the City, be and said bid is hereby ACCEPTED, the extent of such work to be performed and the materials to be provided to be in accord- ance with the terms of the said bid and the City's specifications for the project; the cost to be incurred for such project not to exceed the total sum of $176,272, as bid, without further authoriza- tion of the Council. 2. 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, the requisite contract with John A. Hall & Company, Inc., the same to incorporate the terms and conditions of this ordinance, said bidder's proposal and the plans and specifications for said work; said contract to be upon such form as is approved by the City Attorney. 3. The other bids made to the City for the performance of said work be, and said bids are hereby REJECTED, the City Clerk to so notify said other bidders and to the 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 pas- sage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25198. AN ORDINANCE to amend and reordain certain sections of the 1979-80 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 1979-80 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Fund (1-21) .......................................... $90,609,627.76 (1) Net increase (A01165825578) (2) Net decrease (A01020110005) (3) Net decrease (A01020120010) (4) Net decrease (A01020120040) (5) Net decrease (A01020123005) (6) Net decrease (A01020130010) (7) Net decrease (A01020130035) (8) Net decrease (A01020130050) (9) Net decrease (A01041220010) (10) Net decrease (A01157570508) (11) Net decrease (A01158020010) (12) Net decrease (A01160530035) (13) Net decrease (A01160530050) (14) Net decrease (A01160530053) (15) Net decrease (A01160530065) (16) Net decrease (A01183270601) (17) Net decrease (A01185081501) (18) Net decrease (A01185081601) (19) Net decrease (A01185081602) (20) Net decrease (A01185587735) (21) Net decrease (A01188072006) $415,300.00 6O0.OO 500.00 900.00 500.00 1,000.00 500.00 4,000.00 6,000.00 37,600.00 30,000.00 4,000.00 3,000.00 4,000.00 300.00 15,000.00 150,000.00 5,500.00 4,400.00 47,500.00 100,000.00 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 23rd day of June, 1980. No. 25199. 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 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's report dated June 23, 1980, the total amount of the contract not to exceed $805,400.00. 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. Ail 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. 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: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of June, 1980. No. 25200. AN ORDINANCE accepting a bid and awarding a contract for the construction of a new 16" water main extension on Peters Creek Road from Cove Road to Frontage Road at Interstate 1-581; 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 Aaron J. Conner, General Contractor, of Salem, Virginia, for furnishing all tools, labor, machinery and materials necessary to construct a new 16" water main extension on Peters Creek Road from Cove Road to Frontage Road at Interstate 1-581, in full accordance with the City's plans and specifications made for said work, for the total sum not to exceed $151,116.00 without the further authorization of Council, be and said bid is hereby ACCEPTED. 2. 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, 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 proposals 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, and is hereby authorized to make payments to said contractor in accordance with the provisions of this ordinance and said contracts, 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; the City Clerk to 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 Mayor '21.. 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of June, 1980. No. 25202. A RESOLUTION accepting a bid to purchase $12,500,000 aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia; fixing the rates of interest to be borne by such bonds; approving an official statement relating to such bonds; authorizing the execution of a certificate relating to such official statement; and ratifying certain acts. WHEREAS, by Ordinance No. 25121 adopted by this Council on June 9, 1980, the Director of Finance was authorized to publish a notice of sale relating to $8,000,000 principal amount of General Obligation Public Building Bonds of the City of Roanoke (the "City"), and by Resolution No. 25160 adopted by this Council on June 9, 1980, the Director of Finance was authorized to publish a notice of sale relating to $4,500,000 principal amount of Public Improvement Bonds, Series 1980A, being a portion of the $15,500,000 principal amount of such 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 (the aforementioned General Obligation Public Building Bonds and Public Improve- ment Bonds, Series 1980A, being referred to hereinafter as the "Bonds"); and WHEREAS, such Ordinance No. 25121 and such Resolution No. 25160 each provided that the respective bonds authorized to be sold thereunder shall be offered for sale at one time or from time to time and either alone or contemporaneously with other general obligation bonds of the City, as the Director of Finance may deem to be in the best interests of the City; WHEREAS, pursuant to such Ordinance No. 25121 and such Resolution No. 25160 the Director of Finance caused to be published on June 18, 1980, in the Roanoke Times and World-News, a newspaper published in the City, and on June 16, 1980, in The Daily Bond Buyer, a newspaper published in the City of New York, New York, a Notice of Sale relating to both issues of the Bonds, which Notice of Sale provided 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 June 24, 1980; 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 $125,000 payable to the City: Name of Bidder Citibank, N.A. Bache Halsey Stuart Shields Incorporated First National Exchange Bank of Virginia & Associates Morgan Guaranty Trust Co./ Salomon Bros. & Associates Chemical Bank Bank of Virginia Premium Offered True or Canadian Interest Cost None 6.4165% $ 16,313.75 6.4705% $ 6,352.18 6.3870% $111,234.00 6.297% $ 60,722.25 6.3496% $ 277.50 6.2992% NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. After due consideration of all of the proposals listed above, this Council hereby finds and determines that (a) Morgan Guaranty Trust Co./Salomon Bros. & Associates,(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 TWELVE MILLION SIX HUNDRED ELEVEN THOUSAND, TWO HUNDRED THIRTY-FOUR DOLLARS ($12,611,234.00) 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 July 1, 1980, and shall be in coupon form for the denomination of $5,000 each. The Bonds shall mature on July 1 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 January 1 and July 1, commencing January 1, 1981, at the rate per annum set forth opposite such year, to-wit: PrincipalAmount of BOnds Year of General Public Improve- Maturity Obligation ment Bonds, Interest (July 1) Public Building Series 1980A Total Rate 1981 $320,000 $180,000 $ 500,000 5.00 % 1982 335,000 190,000 525,000 5.00 % 1983 370,000 205,000 575,000 6.40 % 1984 385,000 215,000 600,000 6.40 % 1985 415,000 235,000 650,000 6.40 % 1986 450,000 250,000 700,000 6.40 % 1987 480,000 270,000 750,000 6.40 % 1988 510,000 290,000 800,000 6.40 % 1989 545,000 305,000 850,000 6.40 % 1990 590,000 335,000 925,000 6.40 % 1991 625,000 350,000 975,000 6.40 % 1992 670,000 380,000 1,050,000 6.40 % 1993 720,000 405,000 1,125,000 6.40 % 1994 770,000 430,000 1,200,000 6.40 % 1995 815,000 460,000 1,275,000 6.60 % 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 First National Exchange Bank of Roanoke in Roanoke, 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 causing to be published the Notice of Sale of both issues of the Bonds as aforesaid and in causing to be distributed copies of an Official Statement relating to the Bonds, including the Notice of Sale of the Bonds contained therein and a form of Proposal for Bonds attached thereto, 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 and of such Official Statement and of such Proposal for Bonds, be and they hereby are approved, ratified and confirmed. 5. 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. 6. 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 aforesaid Official Statement. The City Manager and the 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 the City's Preliminary Official Statement relating to the Bonds dated June 16, 1980 under the caption "Certificate Concerning Official Statement". 7. The City Clerk shall and is hereby directed to certify and file a copy of this resolution with the Circuit Court of the City of Roanoke, Virginia, and to cause publication of a copy hereof in a newspaper published in the City to be made within ten (10) days from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1980. No. 25203. A RESOLUTION recognizing the HONORABLE WENDELL H. BUTLER to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, Dr. Wendell H. Butler received the largest number of votes of any candidate running for Council in the regular Councilmanic election held on the first Tuesday of May, 1980, 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 1, 1980; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Wendell H. Butler 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, 1980, 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, 1980, and continuing for a period of two years and until his successor shall have been elected and qualified. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25188. AN ORDINANCE amending and reordaining subsection (f) of Section 19-20, When tax payable; installment 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 1972, subsections (a) and (d) of Section 32-68, Roll-back tax when use chanses to nonqualifyin8 use - Generally, subsection (b) of Section 32-106, Penalties and interest on delinquencies - Generally, Section 32-107, Same - Taxes assessed prior to 1972, 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, to bring the rate of interest upon delinquent taxes and on roll-back taxes in line with maximums allowed by State law; and providing for an effective date of this ordinance. 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: 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 install- ment 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 rate of ten (10) percent per year shall be assessed and collected on such delinquent tax and penalty remaining unpaid from the first day following the day such taxes, or any ins~alime~t, 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 rate of ten (10) percent per annum, 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 real estate 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. 3. Section 32-20. Same - Taxes assessed prior to 1972, 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 1980. 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 until paid shall be collected upon the principal and penalties of such taxes remaining unpaid on July 1, 1980 for appropriate years prior to and including 1979. 4. Subsections (a) and (d) of Section 32-68, Roll-back tax when use chan~es to non- qualifyin8 use - Generally, of the Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: Section 32-68. Roll-back tax when use changes to nonquali- fyin~ use - Generally. (a) When real estate qualifies for assessment and taxation under the provisions of this division and the use by which it qualified changes to a nonqualifying use, there shall be imposed on such real estate a roll- back tax in an amount equal to the amount, if any, by which the taxes paid or payable on the basis of the valuation, assessment and taxation under this division were exceeded by the taxes that would have been paid or payable on the basis of the valuation, assessment or taxation of other real estate in the city in the year of the change and in each of the five (5) years immediately preceding the year of the change, plus simple interest on such roll-back taxes at the same yearly interest rate applicable to delinquent real estate taxes in this city. If in the tax year in which the change of use occurs, the real estate was not valued, assessed and taxed under this division, the real estate shall be subject to roll-back taxes for such of the five (5) years immediately preceding in which the real estate was valued, assessed and taxed under this division. (d) The owner of any real estate liable for roll-back taxes under this section shall, within sixty (60) days following a change in use, report such change to the assessor and to the commissioner on such forms as may be prescribed. The commissioner shall forthwith determine and assess the roll-back tax, which shall be paid to the treasurer within thirty (30) days of the assessment. On failure to report within sixty (60) days following such change in use or upon the failure to pay within thirty (30) days of the assessment, such owner shall be liable for an additional penalty equal to ten (10) percent of the amount of the roll-back tax and interest thereon, which penalty shall be collected as a part of the tax. In addition to such penalty, there is hereby imposed interest on the roll-back tax, interest and penalty at the same yearly interest rate applicable to delinquent real estate taxes in this city for each year or fraction thereof during which the failure continues after the date of such change in use. 5. 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 rate of ten (10) percent per annum, 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. 6. Section 32-107, Same - Taxes assessed prior to 1972, 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 1980. 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 until paid shall be collected upon the principal and penalties of such taxes remaining unpaid on July 1, 1980 for appropriate years prior to and including 1979. 7. 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 rate of ten (10) percent per year 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. 8. Subsection (b) of Section 32-244, Failure to collect, report or remit, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-244. 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 rate of ten (10) percent per year 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 ATTEST: This ordinance shall be in full force and effect on and after July 1, 1980. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25201. AN ORDINANCE amending Ordinance No. 25053, adopted April 14, 1980, to permit an enlarge- ment of the encroachment over public space of a canopy as authorized therein. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 25053, adopted on April 14, 1980, be and is hereby amended to provide that the encroachment of a canopy to be erected on a building at 308 Jefferson Street, S. E., over the public sidewalk in front of such building, shall be permitted if the canopy is erected in conformance with the revised plans for such canopy filed by the owner with the City on May 27, 1980; all other terms and conditions set forth in Ordinance No. 25053 shall continue in effect. 2. The City Clerk shall transmit an attested copy of this ordinance to Samuel Spigel, Inc. 3. 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 Samuel Spigel, Inc., has been filed with the City Cierk, and the owner has obtained the proper permit from the Building Commissioner. ACCEPTED and EXECUTED by the undersigned this __ day of , 1980. ATTEST SAMUEL SPIGEL, INC. By. By. Title Title ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25205. A RESOLUTION approving an amended Central Roanoke Conservation Plan. WHEREAS, by Resolution No. 25140, adopted June 9, 1980, this Council approved the Central Roanoke Conservation Plan, dated April, 1980; WHEREAS, the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority has requested that this Council approve certain amendments to the Central Roanoke Con- servation Plan, and this Council is desirous of granting its approval to such amendments; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Central Roanoke Conservation Plan, dated April, 1980, as amended, in July, 1980, is hereby approved. 2. The City Clerk is directed to file a copy of the amended Central Roanoke Conservation Plan in the records of the City Clerk's Office. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25208. AN ORDINANCE authorizing the proper City officials to execute a contract, numbered DTFA05-80-L-60173, for the provision by the City to the United States of America, Federal Aviation Administration, of utilities in connection with the latter's lease of floor space at Roanoke Municipal Airport, Woodrum Field; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. H.B. Ewert, City Manager, or Sam H. McGhee, III, Assistant City Manager, are authorized to execute and deliver a certain contract, numbered DTFA05-80-L-60173, for a term beginning August 31, 1980 and ending September 30, 1984, for the provision by the City to the United States of America, Federal Aviation Administration, of heating, air conditioning, electricity, water and sewage service in connection with the latter's lease of floor space at Roanoke Municipal Airport, Woodrum Field, at a monthly fee to the City of $720.59, which contract shall be in such form as is approved by the City Attorney. This contract supersedes FAA contract DOT-FA79EA-423. 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 July, 1980. No. 25209. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1, as hereinafter set forth, to the City's contract with John A. Hall & Company, Inc. for construction work 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 be, and he is hereby authorized and empowered to issue, for and on behalf of the City of Roanoke, the following change order to the City's contract with John A. Hall & Company, Inc. for the reconstruction of the old cross field runway at Roanoke Municipal Airport, Woodrum Field, viz: DESCRIPTION OF CHANGE ORDER: Bid Item No. Description of Chanse New Quantity Added Cost 4 Additional 600 Sq. Yds. 36,950 + $ 585.00 D & R-Bit. 11 Additional 625 Sq. Yds. 6,050 + $ 2,693.75 CTBC-8" 13 Additional 80 Bbl. of 6,680 + $ 1,467.20 Portland Cement 14 Additional 140 Tons of 7,690 + $ 4,541.60 P-401 ORIGINAL CONTRACT AMOUNT AMOUNT OF CHANGE ORDER NO. 1 CONTRACT AMOUNT WITH CHANGE ORDER NO. 1 ADDITIONAL TIME ALLOWED BY CHANGE ORDER NO. 1 $3,390,901.40 $ 9,287.55 $3,400,188.95 5 calendar days; 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 July, 1980. No. 25211. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 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) (1-27) ............................ $ 2,679,000.00 REVENUE Community Development Block Grant Grant Receipts (R35666621) (28) ............................. 11,411,000.00 Parking Lot Income (R35666641) (29) ........................... 297,381.23 (1) Net increase (A35668000101) (2) Net increase (A35668000201) (3) Net increase (A35668000202) (4) Net mncrease (A35668000203) (5) Net mncrease (A35668000204) (6) Net mncrease (A35668000301) (7) Net mncrease (A35668000302) (8) Net increase (A35669000303) (9) Net ~ncrease (A35668000401) (10) Net mncrease (A35668000402) (11) Net mncrease (A35668000403) (12) Net mncrease (A35668000404) (13) Net increase (A35668000501) (14) Net mncrease (A35668000502) (15) Net increase (A35668000503) (16) Net mncrease (A35668000601) (17) Net increase (A35668000602) (18) Net increase (A35668000603) (19) Net increase (A35668000701) (20) Net increase (A35668000702) (21) Net increase (A35668000703) (22) Net increase (A35668000801) (23) Net increase (A35668000802) (24) Net increase (A35668000901) (25) Net increase (A35668001001) (26) Net increase (A35668001101) (27) Net increase (A35668001201) (28) Net increase (R35666621) (29) Net increase (R35666641) 200,000.00 299,880.00 423,220.00 13,400.00 261,500.00 57,500.00 75,000.00 44,890.00 41,969.00 95,000.00 3,500.00 2,500.00 100,000.00 75,000.00 46,801.00 50,000.00 150,000.00 50,171.00 75,000.00 125,000.00 46,169.00 75,000.00 82,500.00 50,000.00 80,000.00 150,000.00 5,000.00 2,584,000.00 95,OOO.OO 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 July, 1980. No. 25212. 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 City's acceptance of the aforesaid grant offer on behalf of the City of Roanoke and the agreement, on behalf of the City, to comply with the terms and conditions of the grant and applicable laws, regulations and requirements of said Department pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made to the City by the United States Department of Housing and Urban Development, under date of June 30, 1980, of a grant of Federal funds under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383), amounting to $2,679,000.00 to fund certain community development activities and projects set out ~ and described in the City's application for said funding, upon all of the terms, provisions and conditions set forth in the Grant Agreement previously furnished to the City. 2. H.B. Ewert, City Manager, be and he is hereby authorized and directed to execute, for and on be~aif of the City, written acceptance of the said offer on the appropriate document, thereby agreeing on behalf of the City of Roanoke to comply with the terms and conditions of the aforesaid Grant Agreement, applicable laws and regulations and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided. 3. Upon execution of the City's acceptance of said offer and execution of agreement to the terms and conditions incorporated therein, the original and one copy of the aforesaid document be forwarded to the Richmond Area Office of the Department of Housing and Urban Development, together with attested copies of this resolution, and one copy be forwarded to the City of Roanoke Redevelopment and Housing Authority, and one executed copy be retained by the City Clerk, for the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25213. AN ORDINANCE authorizing execution of a written agreement with City of Roanoke Redevelop- ment and Housing Authority relating to the performance of certain Community Development program activities undertaken by the City in its Application/Grant No. B-80-MC51-0020 under the Community Development Act; 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 certain written agreement, more particularly described in the report of the City Manager dated July 14, 1980, and drawn as a Contract for Services under the Community Development Program Grant for the 1980-81 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 l, 1980, 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 set out in said written agreement, along with certain terms and conditions. 2. The total funds available to the Authority for its administration of certain portions of the Community Development Block Grant Program more particularly described in the contract between the City and Authority shall not exceed $375,000. 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. APPROVED ATTEST/~,~~~. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25214. AN ORDINANCE authorizing the City Manager to execute a State-Local Hospitalization Plan Agreement with the Roanoke City Health Department and the State Department of Welfare to provide for out-patient care and treatment of certain indigent citizens at certain rates, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized and designated for and on behalf of the City to enter a State-Local Hospitalization Plan Agreement with the Roanoke City Health Department and the State Department of Welfare, a copy of such agreement being attached to the City Manager's report of July 14, i980, to provide for out-patient care and treatment of indigent citizens of this City at the rate of $15.00 per visit. 2. The term of such agreement shall commence retroactively as of July 1, 1980, and expire June 30, 1981. 3. 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, 1980. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25215. AN ORDINANCE authorizing the City Manager to execute an addendum to the agreement between the City and Hayes, Seay, Mattern & Mattern, Architects and Engineers, dated June 29, 1979, a copy of which is on file in the Office of the City Clerk; 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, respectively, Addendum No. i to an agreement between the City and Hayes, Seay, Mattern & Mattern, Architects and Engineers, dated June 29, 1979, authorizing an increase in the cost ceiling to complete the design work for the Hanover and Norwood Street Storm Drain projects, to be upon form approved by the City Attorney. 2. The maximum compensation to Hayes, Seay, Mattern & Mattern, Architects and Engineers, for the work described in the addendum shall not exceed $9,384.14: $2,722.12 for the Hanover Street Storm Drain Project and $6,662.02 for the Norwood Street Storm Drain Project, to be paid out of funds heretofore appropriated for this 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 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 July, 1980. No. 25216. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 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-79-MC-51-0020 (1 & 2) ............................... $2,605,070.91 (1) Net increase (A35667900403) (2) Net decrease (A35667900701) $9,288.00 9,288.00 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 July, 1980. No. 25217. AN ORDINANCE authorizing a certain contract and addendum with R. L. Polk & Co., a Delaware corporation, for provision of certain statistical information to the City; 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 enter a written contract and addendum with R. L. Polk & Co., a Delaware corporation, such contract and addendum to provide for provision to the City by R. L. Polk & Co., of a statistical data package known as the "Profiles Package" and magnetic computer tapes containing address by address statistical records. 2. The cost to the City of the goods and services to be provided under the contract and addendum shall not exceed $8,600.00 and $688.00, respectively. 3. The form of such contract and addendum 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: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25218. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Capital Projects 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 1980-81 Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIAT IONS U.D.A.G. Grant B-80-AA-51-0116 (A082401902) (1) ............................................. $3,211,700.00 REVENUE U.D.A.G. Grant B-80-AA-51-0116 (R080120) (2) ................................................ 3,211,700.00 (1) Net increase (A08240190201) (2) Net increase (R08012005) $3,211,700.00 3,211,700.00 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 July, 1980. No. 25219. AN ORDINANCE to amend and reordain certain sections of the 1980-81 General Fund Appropriation Ordinances 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 1980-81 General Fund Appropriation Ordinances and Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIAT IONS Human Resources (A011270) (1) ........................ $ -0- Transfers (A019310) (2) .............................. 6,856.00 GRANT PROGRAMS FUND APPROPRIATIONS Youth Services Grant 80-I-13 (A355108) (3-10) ........ 28,276.00 Youth Services Grant 79-I-6 (A355104) (11) ........... 13,497.22 REVENUE Youth Services Grant 80-I-13 (R355108) (12,13) ....... 28,276.00 Youth Services Grant 79-I-6 (R355104) (14) ........... 13,497.22 (1) Net decrease (A01127037035) (2) Net increase (A01931037035) (3) Net increase (A35510810002) (4) Net increase (A35510820010) (5) Net increase (A35510833015) (6) Net increase (A35510830005) (7) Net increase (A35510830035) (8) Net increase (A35510830084) (9) Net increase (A35510831005) $ 6,856.00 6,856.00 23,480.00 700.00 1,796.00 150.00 100.00 1,000.00 500.00 (10) Net increase (A35510840010) (11) Net decrease (A35510410002) (12) Net increase (R35510821) (13) Net increase (R35510831) (14) Net decrease (R35510431) $ 550.00 212.78 21,207.00 7,069.00 212.78 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 July, 1980. No. 25220. A RESOLUTION authorizing the acceptance of Grant No. 80-I-13 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 continuation of coordinate planning and program implementation of Office on Youth for the City until June 30, 1981. 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 Grant No. 80-I-13 in the total amount of $28,276.00, consisting of $21,207.00 from Department of Corrections funds and $7,069.00 in local funds, for the purpose of continuation of coordinate planning and program implementation of Office on Youth for the City until June 30, 1981. 2. H.B. Ewert, City Manager, or his successor in office, be and he is hereby authorized to accept, execute, and file on behalf of the City of Roanoke the "Special Conditions" with the Department of Corrections for Grant No. 80-I-13. 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 foregoing grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25221. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordainE to read as follows, in part: APPROPRIATIONS Law Enforcement Management Information System Grant 80-A5166 (A353512) (1-3) ............... $74,572.00 REVENUE Law Enforcement Management Information System Grant 80-A5166 (R353512) (4,5) ............... 74,572.00 (1) Net increase (A35351210002) (2) Net increase (A35351240005) (3) Net increase (A35351230005) (4) Net increase (R35351221) (5) Net increase (R35351231) $34,728.00 39,491.00 353.00 35,422.00 39,150.00 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 14th day of July, 1980. No. 25222. A RESOLUTION authorizing the acceptance of Law Enforcement Action Grant No. 80-A5166 made to the City of Roanoke by the State Division of Justice and Crime Prevention (DJCP) and authorizing the acceptance, execution and filing of the "Special Conditions for Action Grant Awards" with DJCP for an action grant of Federal funds for the purpose of continuing the development and implementation of the Police Department's Management Information System. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the State Division of Justice and Crime Prevention of Law Enforcement Action Grant No. 80-A5166 in the total amount of $74,572, consisting of $33,558 from DJCP Block Funds, $1,864 from DJCP General Funds, and $39,150 from local cash match, for the purpose of continuing the development and implementation of the Police Department's Management Information System. 2. H.B. Ewert, City Manager, be and he is hereby authorize~ to accept, execute, and file on behalf of the City of Roanoke the "Special Conditions for Action Grant Awards" with DJCP for Action Grant No. 80-A5166. 3. The City Manager is further directed to furnish such additional information as may be required by DJCP in connection with the City's acceptance of the aforesaid grant or with such project. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25223. AN ORDINANCE to amend and reordain certain sections of the 1980-81 General 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 1980-81 General Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title XX Services (A015320) (1-7) ....................... $52,725.06 REVENUE Title XX Services (R01100301) (8) ....................... 52,725.06 (1) Net increase (A01532020060) (2) Net increase (A01532020061) (3) Net mncrease (A01532020063) (4) Net increase (A01532020066) (5) Net increase (A01532020067) (6) Net mncrease (A01532020068) (7) Net mncrease (A01532020070) (8) Net increase (R01100301) $ 2,207.33 2,764.38 11,981.10 20,130.34 491.83 10,480.52 4,669.56 52,725.06 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 14th day of July, 1980. No. 25224. AN ORDINANCE authorizing sale at public auction of certain surplus tangible personal property owned by the City but not needed for any public purpose or use; directing that such sales made at auction be absolute and not subject to confirmation of price by later action of the Council; authorizing acceptance of the proposal for the services of an auctioneer for this purpose; rejecting certain other proposals made therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to accept the proposal of Ray D. Miller Auction Company, made to the City of Roanoke on June 2, 1980, to promote and conduct the auction sale of certain surplus tangible personal property of the City. The auctioneer shall be compensated by the City in a sum equal to four percent of the gross cash amount received by the City at the auction and such employment shall be, generally, upon the terms and provisions outlined in the written proposal of the auctioneer made to the City in connection with its bid. 2. The bid committee is authorized and empowered to fix the date and place of the auction and to make other incidental arrangements and provisions. 3. Ail sales made at the auction shall be final, and not subject to confirmation of price by the City Council. 4. Upon effecting sale of the surplus items and upon certification in writing of such facts to the Director of Finance and the payment to the City of the high bids made at the auction, the City's Manager of Purchasing and Materials Control shall be authorized and empowered to sign such bills of sale, certificates of title or other documentary transfers of title to the successful bidders at the auction sale as are necessary, upon their approval as to form by the City Attorney. 5. The other proposals made for these services are hereby REJECTED. The City Clerk shall notify the other auctioneers and express the City's appreciation for the submission of their proposals. 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 14th day of July, 1980. No. 25225. 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, 1980 and ending June 30, 1981; 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 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 Unit Price 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" pi De, mechanical joint 6" pipe, push-on joint 8" pzpe, mechanical joint 8" pzpe, push-on joint 500 L.F. - 12" pzpe, mechanical joint 11,000 L.F. - 12" pipe, push-on joint 100 L.F. - 16" pipe, mechanical joint 10,000 L.F. - 16" pzpe, push-on joint 3,300 L.F. - 20" pzpe, push-on joint 3.63 3.98 3.76 4.37 4.03 5.96 5.53 9.96 9.34 14.77 13.36 18.18 said pipe to be delivered f.o.b., Roanoke, Virginia, Purchasing and Materials Control Warehouse, 1046 Campbell Avenue, N. E., such prices subject to escalation as set forth in said bidder's proposal, 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 Purchasing and Materials Control, 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 t~e 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. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25226. AN ORDINANCE amending and reordaining Section 30-14, Code of the City of Roanoke (1979), as amended, to provide for a procedure for altering or vacating City streets or alleys; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 30-14, Code of the City of Roanoke (1979), as amended, be amended and reordaine 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: (a) Applications for the alteration or vacation of any street or alley shall be filed with the City Clerk, after (b) 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 adver- tising 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 application 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 applica- tion of any state, federal or local governmental authority for the same. (c) 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 applica- tion shall include a list of the names and addresses, if known, of the owner or owners of all of the property affected by a pro- posed alteration or vacation of a street or alley. (d) The City Planning Commission shall hold a public hearing on applications referred to it by the City Clerk, after giving at least fifteen (15) days notice of the time and place of such hearing in a newspaper of general circulation in the City, and after mailing written notice of the same to the owner or owners of all of the property affected by the proposed alteration or vacation. (e) 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 make a recommenda- tion to Council as to whether the application should be approved. (f) The City Council shall act on an application to alter or vacate a street or alley at a public hearing after giving at least fifteen (15) days notice of the time and place of such hearing in a newspaper of general circulation in the City, and after having reviewed a report and recommendation from the City Planning Commission. (g) A certified copy of the ordinance adopted by 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. (h) A certified copy of the ordinance adopted by Council altering or vacating any City 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. 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 14th day of July, 1980. No. 25227. A RESOLUTION establishing various fees, charges and rates for the City of Roanoke and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. With respect to any fees, charges and rates of the City not included in the Code of the City of Roanoke (1979), such fees, charges and rates for goods and services provided by the City and its various directorates, departments, agencies, offices, boards and commissions shall be as set forth in the document prepared by the Director of Finance and entitled "City of Roanoke Fee Schedules as of November, 1979" (compendium), a copy of which is on file in the Office of the City Clerk. z32 2. In case of any inconsistency between any fee, charge or rate established by the Code of the City of Roanoke (1979) and the compendium, the fee, rate or charge established by the Code shall prevail. 3. With respect to any fee, charge or rate not set forth in such compendium or the Code of the City of Roanoke (1979), but included in the Code of the City of Roanoke (1956), as amended, such fee, charge or rate shall be continued in full force and effect as set out in the Code of the City of Roanoke (1956), as amended. 4. This resolution shall not amend, impair or affect any fee, charge or rate specifically established by ordinance or resolution of Council subsequent to December 3, 1979, the date of transmittal to Council by the Director of Finance of the compendium. 5. This resolution shall be in full force and effect retroactive to July 1, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25228. AN ORDINANCE providing for the execution of a Paying Agency Agreement between the City of Roanoke and The First National Exchange Bank 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 Ordinance No. 25121, adopted on June 9, 1980, and Resolution No. 25160, also 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. 25121, adopted June 9, 1980, this Council authorized the issuance and sale of general obligation bonds of the City in an aggregate principal amount not to exceed $8,000,000 pursuant to the Public Finance Act of Virginia, and pursuant to Resolution No. 25160, adopted June 9, 1980, this Council approved the sale, execution, form and details, advertise- ment of sale and delivery of, and the levy of tax to pay, $15,500,000 of general obligation bonds of this City, authorized at an election held on the 6th day of November, 1979; WHEREAS, by Resolution No. 25202, adopted June 24, 1980, this Council accepted a bid to purchase $12,500,000 aggregate principal amount of general obligation bonds of this City; 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 First National Exchange Bank of Roanoke in Roanoke, 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 First National Exchange Bank for such Bank's periodic accounting for destruction of the bonds and coupons paid by each aforesaid bank as paying agents of the City, and with The First National Exchange of Roanoke 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 the 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. That the Mayor and the City Clerk be and they are hereby authorized, empowered and directed, for and on behalf of the City, to execute, seal and attest, respectively, a written agreement with The First National Exchange Bank of Roanoke, Virginia, designating said Bank as a fiscal agent and paying agent of the City for the purpose of payment of the City's bonds and interest coupons attached thereto authorized by Resolution No. 25202 to be sold, 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 First National Exchange Bank 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 First National Exchange Bank 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 July 14, 1980, and which agreement shall also be in a form approved by the City Attorney; 2. That, in order to provide for the usual daily operation of the municipal government, an emergency is declared to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1980. No. 25229. AN ORDINANCE to amend and reordain certain sections of the 1980-81 General Fund and Capital Projects 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 1980-81 General Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND APPROPRIATIONS Transfers to Capital Projects Fund (1) ....................... $37,500.00 REVENUE Curb and Gutter (2) .......................................... 37,500.00 CAPITAL PROJECTS FUND APPROPRIATIONS Curb and Gutter (3) .......................................... 75,000.00 (1) Net increase (A01931037008) $37,500.00 (2) Net increase (R01082020) 37,500.00 (3) Net increase (A08210191603) 37,500.00 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 14th day of July, 1980. No. 25230. AN ORDINANCE accepting a bid and awarding a contract for curb, gutter and sidewalk construction throughout the City; 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 Co., of Roanoke, Virginia, for furnishing all tools, labor, machinery and materials necessary to construct certain curb, gutter and sidewalk improvements at locations throughout the City in accordance with the City's plans and specifications for the total sum not to exceed $74,849.00 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 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 payments to said contractor in accordance with the provisions of this ordinance and said contracts, 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 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25204. AN ORDINANCE to amend Sections 36-3 and 36-4 of the Code of the City of Roanoke (1979), as amended, and Sheet No. 645, 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 certain tracts of land located on the North side of Hershberger Road, N. W., containing 13.261 acres, more or less, designated as Official Tax Nos. 6450101 and 6450102, rezoned subject to certain conditions proffered by the petitioners pursuant to Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, from RG-1, General Residential District, to C-2, General Commercial District, as more particularly described in the amended petition for rezoning filed with the City Clerk on April 30, 1980; WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RG-1, General Residential District, to C-2, General Commercial District, subject to the conditions proffered by the petitioners in their amended petition, and to the conditions submitted to the Planning Commission at a public hearing on May 21, 1980; 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 July, 1980, 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 of the Code of the City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 645, of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular, subject to the conditions set forth in the amended petition for rezoning filed with the City Clerk on April 30, 1980, which petition is hereby incorporated as a part of this ordinance, viz: Property located on the North side of Hershberger Road, N. W., containing 13.261 acres, more or less, designated as Official Tax Nos. 6450101 and 6450102, designated on Sheet 645 of the Sectional 1976 Zone Map, be, and is hereby, changed from RG-1, General Residential District, to C-2, General Commercial District, as more particularly described in the aforementioned petition for rezoning, and that Sheet No. 645 of the aforesaid map be changed in this respect. Council further ORDAINS that, in addition to the conditions set forth in the amended petition for rezoning filed with the City Clerk on April 30, 1980, the following conditions shall be applicable to this rezoning: (1) (2) ATTEST: No more than three additional access points on Ferncliff Avenue north of the presently proposed 50 foot roadway, said access points to be no less than 200 feet between the centerline of entrances; and sidewalk will be provided along the west side of Ferncliff Avenue as the land is developed. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25206. AN ORDINANCE to amend Chapter 36, Zoning, of the Code of the City of Roanoke (1979), as amended, by adding a new Division to Article IV, Supplementary District Regulations, to be known as Division 12, Adult Uses. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 36, Zoning, of the Code of the City of Roanoke (1979), as amended, be amended, by the addition of a new division to Article IV, Supplementary District Regulations, to be known as Division 12, Adult Uses, to read and provide as follows: Division 12. Adult Uses. Section 36-487. Application of division. In any district in which a use is otherwise permitted, if such use constitutes an "adult use," as defined herein, the minimum requirements and standards set out in this division shall apply to such use. Section 36-488. Definitions. In this Division, unless the context otherwise requires, the following words and terms are defined as set out herein: Adult bookstore. An establishment that devotes more than 15 percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: (a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or (b) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 15 percent of the total floor area of the establishment to the sale of books and periodicals. Adult use. Any adult book store, adult motion picture theatre, adult mini-motion picture theatre, adult motion picture arcade, adult model studio, adult drive-in theatre, or massage parlor, as defined herein. Adult motion picture theatre. An establishment, with a capacity of 50 or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown; and in which a substantial portion of the total presentation time is devoted to the showing of material which is distin- guished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons. Adult mini-motion picture theatre. An establishment, with a capacity of more than five but less than 50 persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photo- graphic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation bv '236 ATTEST: Adult motion picture arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." Adult drive-in theatre. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on out- door seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons. Adult model studio. Any establishment open to the public where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institu- tion which meets the requirements established in the Code of Virginia (1950), as amended, for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma. Massage parlor. Any establishment defined as a massage parlor by Section 21-135 of this Code. Residentially zoned district. Any area zoned RS-i, RS-2, RS-3, RD, RG-1 or RG-2. Specified anatomical areas. (a) Less than completely and opaquely covered: (i) human genitals, pubic region, (ii) buttock, and (iii) female breast below a point immediately above the top of the areola; and (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities. (a) Human genitals in a state of sexual stimulation or arousal; (b) acts of human masturbation, sexual intercourse or sodomy; and (c) fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Section 36-489. Requirements and standards. (a) No adult use may be established within 1000 feet of any other such adult use in any zoning district. (b) No adult use may be established within 500 feet of a residentially zoned district, or a school, educational institution, church, public park, playground, playfield, or day care center. (c) The "establishment" of an adult use as referred to herein shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or.the conversion, in whole or in part, of an existing business to any adult use. Section 36-490. Measurement of distance. Ail distances specified in this Division shall be measured from the property line of one use to another. The distance between an adult use and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25207. AN ORDINANCE providing for the renewal of the Muse and House Springs lease to Industrial Development and Investment Company. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager is authorized to execute on the City's behalf a renewal of the lease to Industrial Development and Investment Company of the flow of water from the Muse and House Springs at a yearly rental of $1,500 for a 5-year term beginning July 1, 1980. This lease shall be upon such form as is first approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25210. AN ORDINANCE authorizing the proper City officials to enter into two agreements, numbered DTFAO5-80-L-60158 and DTFA05-80-L-60159, with the United States of America, Federal Aviation Administration, providing for the latter's lease from the City of floor space in Airport Building No. 1 at Roanoke Municipal Airport, Woodrum Field. BE IT ORDAINED by the Council of the City of Roanoke that H. B. Ewert, City Manager, or Sam H. McGhee, III, Assistant City Manager, are authorized and directed to execute and deliver two certain agreements, numbered DTFA05-80-L-60158 and DTFAO5-80-L-60159, upon such forms as are approved by the City Attorney, with the United States of America, Federal Aviation Administration, for the latter's lease from the City of 144 and 1,094 square feet, respectively, of space in Airport Building No. 1 (Flight Service Station) and for the provision by the City to the lessee of heating, air conditioning and electricity in connection with this space, for annual considera- tions of $418.18 and $3,391.40, respectively, and for periods of occupancy beginning June 1, 1980 and ending September 30, 1985 and September 30, 1984, respectively. These leases will suspersede former FAA leases DOT-FA76EA-8201 and DOT-FA79EA-426. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25232. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Capital Projects 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 1980-81 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: '238 APPROPRIATIONS Intermodal Transportation Center (1) .................. $ 5,000.00 Capital Improvement Reserve (2) ....................... 2,876,750.00 (1) Net increase (A08180190603) (2) Net decrease (A08310172501) $1,000.00 1,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25233. AN ORDINANCE authorizing the purchase by the City of certain real estate on Salem Avenue, S. W. from A. I. T. Company to be used for the intermodal transportation facility, authorizing the City Manager to execute and deliver a contract effecting this purchase, authorizing the payment of the deposit on the contract and the consummation of the transaction, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest the requisite contract with A. I. Company, for the City's purchase for $128,000 of the following real estate with all appurtenances and fixtures, lying in the City of Roanoke, V~rginia, on Salem Avenue, S. W.: that property identified by Official Tax Nos. 1011122 and 1011130, as more particularly described on survey dated December 27, 1979, by T. P. Parker & Son, attached to the City Manager's report dated July 28, 1980, on this subject. The contract shall contain the terms and conditions set out in the City Manager's report, specifically making the contract subject to the award to the City of the appropriate grant from the Urban Mass Transportation Administration, and be in such form as is approved by the City Attorney. 2. The City Manager or the Assistant City Manager is authorized and directed to deliver $1000.00 to A. I. T. Company, as earnest money, from funds heretofore appropriated for this purpose, and to consummate the transaction contemplated by the contract, upon the terms and conditions therein specified. 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 July, 1980. No. 25235. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Library (A017310) (1) ..................................... $112,221.00 REVENUE Library (R010630) (2) ..................................... 112,221.00 (1) Net increase (A01731030047) (2) Net increase (R01063055) $42,221.00 42,221.00 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 28th day of July, 1980. No. 25236. A RESOLUTION authorizing the City Manager or the Assistant City Manager to accept a certain Grant-In-Aid for the City Library approved by the State Library ~oard 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 Library in the amount of $112,221 approved by the State Library Board, and to execute a certain document entitled "Authorization of Expenditure of State Funds 1980- 81", 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 28th day of July, 1980. No. 25237. A RESOLUTION approving the granting of a leave of absence for educational purposes to Doris M. Kinsey, 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 Doris M. Kinsey, a Chief Casework Supervisor in the Department of Human Resources, commencing September 1, 1980, for a period not to exceed twelve (12) 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 promul- gated by the City Manager, such written agreement to be executed by said employee's spouse and 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 28th day of July, 1980. No. 25238. AN ORDINANCE authorizing and providing for the lease by the City of certain office and parking space at or near 401 Campbell Avenue, S.W., Roanoke, Virginia, from the owner of said property, to be used in conjunction with the Food Stamp Program conducted by the City's Social Services Department, upon certain terms and conditions; and providing for an emergency. BE IT O~DAINED 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 on the east side of the main level of the building located at 401 Campbell Avenue, S. W., Roanoke, V~rginia, and for seven parking spaces adjacent thereto, for use in conjunction with the Food Stamp Program conducted by the City's Social Services Department for eleven months from August 1, 1980, through June 30, 1981, at a monthly rental of $1,125.00; 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. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25239. AN ORDINANCE concurring in a requested amendment 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 short-term parking at Roanoke Municipal Airport, Woodrum Field, shall be, upon and after the date set out below, as follows: Each 1/2 hour - $0.35 Maximum 24 hours - $5.00; and that the rates to be charged by APCOA, Incorporated for long-term 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 $0.25 $2.50. These rates shall be effective on and after August 1, 1980, or as soon thereafter as APCOA, Incorporated can implement them. 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 28th day of July, 1980. No. 25240. AN ORDINANCE authorizing the construction of entrance ways from the Airport Access Road (Donahoe Drive) to the Coulter Estate Property, adjacent to the Roanoke Municipal Airport, Woodrum Field; authorizing the City Manager to approve the application of Budget Rent-A-Car for such access and to execute a change order and entrance way utilization agreement; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. This Council approves the plan set forth in the City Manager's report dated July 28, 1980 on this subject (the Report) to allow construction of access entrance ways from the Airport Access Road (also called Donahoe Drive), now under reconstruction, to the property of Murray K. Coulter Estate, adjacent to the Roanoke Municipal Airport, Woodrum Field, for airport related activities, under the following terms and conditions; which shall apply in this and in future like cases: (a) Any utilization of the entrance way must first be approve~ by the City Manager, upon such conditions as the City Manager may impose. (b) Such approval will only be considered for uses of the Coulter Estate Property which constitute airport related activities, comply with City, State and Federal law and which conform, in the City Manager's opinion, with the following restrictions: (i) The proposed improvement of the Coulter property must abide by reasonable height restrictions established by the Federal Aviation Administration. (ii) Each subdivision of the Coulter property for which such access is sought must have access to a publically dedicated street right-of-way. (iii) Fixed base operators, or persons who would be fixed base operators were they doing business on City owned airport property, must comply with the minimum require- ments for the same doing business on City owned airport property. (iv) Site plans for proposed improvements on the Coulter property shall prohibit direct through-ways from Airport Road, a publically dedicated road, through the Coulter property, to the Airport Access Road, a road not dedicated to the public. 2. The City Manager is authorized to approve the proposed utilization of access by Budget Rent-A-Car, as described in the Report, under the following terms and conditions: (a) First National Exchange Bank of Virginia, Executor and Trustee under the Will of Murray K. Coulter, deceased, (Bank) will contract with John A. Hall & Company, the City's contractor for the reconstruc- tion of the Airport Access Road, for the construc- tion of the entrance ways for Bank in accordance with plans developed by Delta Associates, Inc. and approved by the Airport Manager and the City Engineer. (b) Bank will pay all costs related to these entrance ways and changes in the construction plans, in excess of the contract price agreed to between the City and John A. Hall & Company, Inc. for the construction of the Airport Access Road. (c) The City and Bank will enter into a utilization agreement drafted by Bank, setting forth the above conditions and restrictions. 3. 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 change order to the City's contract with John A. Hall & Company, Inc. for the reconstruction of the Airport Access Road, so as to provide for the construction of the entrance ways for Bank, as provided in this ordinance, such change to be accomplished pursuant to the City Manager's specifications, and to be in such form as is approved by the City Attorney. 4. 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 entrance way agreement with Bank, which agreement shall be on such form as approved by the City Attorney. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25241. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 deciarea to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1980-81 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Airport Development Aid Program (A.D.A.P.) No. 6-51-0045-11 (A045110921) (1 & 2) ..................... $150,000.00 REVENUE Due from Federal Government - A.D.A.P. Project No. 651004511 (3) ................................. 135,000.00 Due from State Government - A.D.A.P. Project No. 651004511 (4) ................................. 7,500.00 (1) Net increase (A04511092101) (2) Net increase (A04511092102) (3) Net increase (X04113208) (4) Net increase (X04113108) $ 21,000.00 129,000.00 135,000.00 7,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST:~.~W~~. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25242. AN ORDINANCE accepting a certain proposal and awarding a contract to Delta Associates, Inc. providing for a feasibility study, design and construction management for general aviation ramp improvements at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions, and authorizing the proper City officials to execute the requisite contract and certain grant contracts and documents for the partial financing of the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Delta Associates, Inc. to provide services including design surveys, design soils analysis, design contract documents, bidding assistance, periodic site visits during construction, application assistance, as built drawings and project close out for general aviation ramp improvements at Roanoke Municipal Airport, Woodrum Field, at a cost not to exceed $21,000, 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 include the terms and conditions of this ordinance and said firm's proposal and to be in such form as approved by the City Attorney. 3. H.B. Ewert, City Manager, or Sam H. McGhee, III, Assistant City Manager, and Mary F. Parker, City Clerk or Judith M. St. Clair, Deputy City Clerk, are authorized on behalf of the City to accept requisite grant offers from the Federal Aviation Administration and the State Department of Aviation and to execute the requisite grant contracts with those bodies, for partial funding of the general aviation ramp improvements, upon the City Attorney's approval of these documents; provided that the City's share of such project costs shall not exceed $16,500, said amount being ten percent (10%) of the estimated project cost plus a ten percent (10%) allowance for overruns. 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 July, 1980. No. 25243. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Norfolk Avenue Sewer Project (1) ........................ $1,389,342.02 REVENUE Due from Federal Government - Norfolk Avenue Sewer Project (2) .............................. 1,428,350.37 (1) Net increase (A03511091201) $17,467.16 (2) Net increase (X03113205) 13,100.37 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 July, 1980. No. 25244. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Preston Carroll Company, Inc., dated April 19, 1978, for construction of the Downtown-Norfolk Avenue Sanitary Sewer Interceptor Replacement, such contract being authorized by Ordinance No. 24048, adopted February 27, 1978; 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 Preston Carroll Company, Inc., dated April 19, 1978, such contract being authorized by Ordinance No. 24048, adopted February 27, 1978. Change Order No. 2 shall provide for the installation of sixty-eight braces to be placed on the ductile iron sanitary sewer pipe in the arch storm drain. These braces will prevent flotation of the sewer interceptor in the event of a flood. 2. Total cost for the purchase and installation of the braces shall be $17,467.16, or $256.87 per brace, which shall be paid for out of funds heretofore or simultaneously appropriated for this purpose. The City's share of this item shall be $4,366.79, or 25% of the additional contract price, with the federal government reimbursing the City for $13,100.37, or 75% of this additional amount. 3. 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25245. AN ORDINANCE authorizing the City Manager or the Assistant City Manager to execute an Agreement with the Southwest Virginia Community Development Fund relating to the Shenandoah Avenue Industrial Development 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 the City Clerk is authorized to attest, for and on behalf of the City, an Agreement with the Southwest Virginia Community Development Fund (the Fund), relating to the respective responsibilitie~ and obligations of the City and the Fund in implementing the Shenandoah Avenue Industrial Developmenl Project, such Agreement to have incorporated therein such terms and conditions as may be deemed reasonable by the City Manager, and 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25246. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS City Council (1) ................................... $ 89,051.00 General Fund Contingency (2) ....................... 418,212.00 (1) Net increase (A01111010002) $8,400.00 (2) Net decrease (A01941032006) 8,400.00 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 July, 1980. No. 25247. AN ORDINANCE fixing the annual compensation of the Mayor, Vice-Mayor and Members of City Council; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Effective retroactive to July 1, 1980, the annual compensation of the Mayor, Vice- Mayor and Members of Council shall be and is hereby fixed at the following sums: Mayor - $ 8,400.00 per year Vice-Mayor - $ 6,600.00 per year Member of Council - $ 6,000.00 per year. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect retroactive to July 1, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25248. AN ORDINANCE to amend Ordinance No. 24801, adopted September 4, 1979, which added a new Chapter, Solicitations for Charitable Purposes, to the Code of the City of Roanoke, to provide for certain amendments required by changes in State law; providing that this Ordinance shall amend Ordinance No. 24801 as it will be codified in the Code of the City of Roanoke (1979); and providing for'an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 24801, adopted September 4, 1979, which added a new Chapter, Solicitations for Charitable Purposes, to the Code of the City of Roanoke, be amended by the repeal of Section 10 of said Chapter, by the addition of a new section numbered 10.1, and by the amendment and reordaining of Sections 4 and 5, such sections to read and provide as follows: Section 4. Investigation and approval of application. Upon receipt of an application as provided in the preceding section the City Manager shall make or cause to be made such investigation as shall by him be deemed necessary in regard thereto, in order to determine that such proposed solicitation is in fact to be conducted for a charitable purpose and that the proceeds from such solicitation shall be so used, and if the City Manager shall be satisfied that such cause for which such solicitation is to be made is in fact for a charitable purpose and that the proceeds derived from such solicitation will be used for such purpose and that the limitations in Section 12 of this Chapter are not likely to be exceeded, and that such solicitation is not promoted or conducted primarily for the private profit of its promoters, and that such solicita- tion will not be incompatible with the protection of the health, life and property of the citizens of the City, then he shall approve such application. Section 5. Issuance or refusal to issue permit; duration. Upon approval of the application, the City Manager shall issue a permit to an applicant to solicit, or ~o lawfully cause a solicitation to be made, for any cause as provided in this Chapter, for such period as the City Manager may determine, not to exceed three calendar months. No such permit shall in any case be construed to be deemed to be an endorsement by the City or the City Manager of any such solicitation of the purpose for which the same is made. In all cases where the City Manager intends to decline to issue a permit, he shall give the applicant a minimum of twenty-four hours notice in writing, advising the ap- plicant that he may request an administrative hearing on the matter. The applicant shall upon request be granted a hearing by the City Manager or by someone designated by him, in order to contest such decisoin, and to present reasons as to why the permit should not be denied. Section 10.1. Charitable solicitation disclosure. It shall be a violation of this Chapter for a professional solicitor to solicit contributions from a prospective donor without fully disclosing to the the prospective donor at the time of solicitation the minimum percentage of any amount contributed which will be received by the charitable organization for its own use, provided that if such percentage is at least seventy per centum (70%) no such disclosure need be made. 2. The amendments set forth in this Ordinance shall be set out in the new Chapter, Solicitations for Charitable Purposes, when such Chapter is codified in the Code of the City of Roanoke (1979). 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 July, 1980. No. 25249. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Citizens Services Committee (1-29) ....................... $314,474.00 (1) Net increase (A01522070001) (2) Net increase (A01522070002) (3) Net mncrease (A01522070003) (4) Net mncrease (A01522070004) (5) Net zncrease (A01522070005) (6) Net increase (A01522070006) (7) Net mncrease (A01522070007) (8) Net increase (A01522070008) (9) Net increase (A01522070009) (10) Net mncrease (A01522070010) (11) Net mncrease (A01522070011) (12) Net mncrease (A01522070012) (13) Net mncrease (A01522070013) (14) Net ~ncrease (A01522070014) (15) Net ~ncrease (A01522070015) (16) Net mncrease (A01522070016) (17) Net ~ncrease (A01522070017) (18) Net increase (A01522070018) (i9) Net increase (A01522070019) (20) Net mncrease (A01522070020) (21) Net increase (A01522070021) (22) Net mncrease (A01522070022) (23) Net ~ncrease (A01522070023) (24) Net ~ncrease (A01522070024) (25) Net mncrease (A01522070025) (26) Net mncrease (A01522070026) (27) Net increase (A01522070027) (28) Net mncrease (A01522070028) (29) Net decrease (A01522070099) 3,290.00 14,100.00 1,500.00 975.00 975.00 14,469.00 8,060.00 9,O0O.OO 2,460.00 15,970.00 19,600.00 29,500.00 18,710.00 3,280.00 7,510.00 15,000.00 2O,OO0.OO 3,000.00 6,285.00 1,000.00 10,000.00 5,160.00 17,900.00 57,120.00 5,000.00 18,345.00 3,250.00 3,015.00 314,474.00 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 July, 1980. No. 25250. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIAT IONS General Fund (1 - 4) ...................................... $86,259,204.40 (1) Net increase (A01321390010) (2) Net increase (A01421090010) (3) Net increase (A01412020081) (4) Net increase (A06263590010) $161,872.00 158,372.75 805,400.00 46,795.65 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 July, 1980. No. 25251. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended an reordained to read as follows, in part: ~il APPROPRIATIONS Sewage Treatment Fund (1 - 11) ............................ $8,715,391.77 (1) Net increase (A03210320010) (2) Net increase (A03210330005) (3) Net increase (A03210330051) (4) Net increase (A03210331027) (5) Net increase (A03210334015) (6) Net increase (A03210334005) (7) Net increase (A03511091001) (8) Net increase (A03511091101) (9) Net increase (A03511091201) (10) Net mncrease (A03511091301) (11) Net increase (A03511091401) 33,671.28 6.70 28,465.00 7,130.19 49,425.00 51,019.40 740,103.82 397,817.92 1,371,874.86 971,147.60 286,420.00 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 July, 1980. No. 25252. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Water Fund (1-25) .......................................... $6,552,845.40 (1) Net increase (A02211020010) (2) Net increase (A02211030005) (3) Net increase (A02212034005) (4) Net zncrease (A02213030051) (5) Net mncrease (A02213034005) (6) Net increase (A02213034015) (7) Net increase (A02511090010) (8) Net increase (A02511090015) (9) Net increase (A02511090301) (10) Net increase (A02511090501) (11) Net mncrease (A02511090701) (12) Net mncrease (A02511090801) (13) Net mncrease (A02511091001) (14) Net mncrease (A02511091101) (15) Net zncrease (A02511091201) (16) Net mncrease (A02511091301) (17) Net ~ncrease (A02511091601) (18) Net increase (A02511091701) (19) Net mncrease (A02511092701) (20) Net ~ncrease (A02511092901) (21) Net ~ncrease (A02511093001) (22) Net ~ncrease (A02511093101) (23) Net mncrease (A02511093201) (24) Net mncrease (A02521091301) (25) Net zncrease (A02521091401) 2,040.86 88.00 21,213.30 1,501.68 92.00 11,735.59 13,422.02 1,980.55 172,063.87 1,750.00 115,253.67 6,313.00 192,697.28 20,700.00 76,784.00 22,971.92 66,000.00 65,000.00 273,675.08 53,370.49 183,000.00 56,542.40 14,544.69 144,603.00 710,332.00 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 July, 1980. No. 25253. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Airport Fund (1 - 16) .................................. $6,448,530.07 (1) Net (2) Net (3) Net (4) Net (5) Net (6) Net (7) Net (8) Net (9) Net (10) Net (11) Net (12) Net (13) Net (14) Net (15) Net increase (A04210420010) increase (A04210430005) mncrease (A04210431025) · ncrease (A04210434005) mncrease (A04511090901) · ncrease (A04511091201) mncrease (A04511091301) mncrease (A04511091401) increase (A04511091501) increase (A04511091602) · ncrease (A04511091608) mncrease (A04511091801) · ncrease (A04511091901) mncrease (A04511092001) · ncrease (A04511092002) (16) Net mncrease (A04511092101) 24,483.20 237.24 3,775.50 166.80 1,185.00 131,861.66 57,905.00 647,180.77 123,318.37 4,250.00 4,967.00 160,570.00 3,164,317.53 10,387.00 15,332.00 405,595.00 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 July, 1980. No. 25254. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Civic Center Fund Appropriation Ordinance, be, and the same are hereby, amended and ~Ii reordained to read as follows, in part: APPROPRIATIONS Civic Center (1 - 5) .................................. $1,575,332.46 (1) Net increase (A05210530005) (2) Net increase (A05210530035) (3) Net increase (A05210530045) (4) Net increase (A05511090020) (5) Net increase (A05511090025) $ 287.26 483.00 157.20 18,969.00 6,420.00 BE IT FURTHER O~DAINED 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 July, 1980. No. 25255. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS T.A.P. Wilderness Challenge Grant #79-A4807J (A353560) (1) ......................................... $67,065.97 REVENUE T.A.P. Wilderness Challenge Grant #79-A4807J (R353560) (2) .......................................... 67,065.97 (1) Net decrease (A35356020010) (2) Net decrease (R35356021) $11,033.03 11,033.03 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 July, 1980. No. 25256. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Training Grant 79-A4980 (A353516) (1-6) ......................................... $29,198.00 (1) Net decrease (A35351620010) (2) Net increase (A35351630005) (3) Net decrease (A35351630047) (4) Net decrease (A35351633005) (5) Net decrease (A35351690020) (6) ~et decrease (A35351695301) $7,007.60 7.42 1,792.27 321.23 446.55 9,560.23 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST:M_~~~ ~~__~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1980. No. 25257. AN ORDINANCE to amend and reordain certain sections of the 1980-81 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Monicipal Government of the City of 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 Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City Public Schools (1-3) ....................... $31,283,462.00 REVENUE State and Federal Programs (4) .......................... 376,197.00 (1) Net increase (A01611085201) (2) Net increase (A01611085202) (3) Net decrease (A01611065515) (4) Net increase (R01062025) $376,197.00 6,973.00 6,973.00 376,197.00 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 July, 1980. No. 25258. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended reordained to read as follows, in part: APPROPRIATIONS Sewage Treatment Fund (Muse Spring Water) (1) ........... $5,568,150.00 (1) Net increase (A03240191401) $33,000.00 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 28th day of July, 1980. No. 25259. AN ORDINANCE providing for the lease for sludge disposal of 30 acres from Industrial Development and Investment Company, upon certain terms and conditions; and providing for an emergencl BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subject to approval by the State Water Control Board, the City Manager is authorized to execute on the City's behalf a lease from Industrial Development and Investment Company (IDICO) of 30 acres, more or less, lying in the City, across the Roanoke River from the Water Pollution Control Plant. This lease shall be for a term of 2 years, at a yearly rental of $3,750 payable on August 1, 1980 and August 1, 1981, and shall contain the other terms and conditions set forth in the City Manager's report dated July 14, 1980, including provision for possible reimbursement of the farming tenant for crop damage. The lease shall generally be upon such form as is first approved by the City Attorney. 2. The proper City officials are authorized and directed to assume immediate possession of the land to be leased from IDICO for the purpose of laying a temporary pipe line and construction of appropriate berms. 3. With respect to the matter covered by this ordinance, there shall be appropriated $33,000 to Account No. A03210330045, Restoration and Construction, in accordance with the City Manager's recommendation set forth in his report dated July 28, 1980. 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 llth day of August, 1980. No. 25231. AN ORDINANCE amending and reordaining Ordinance No. 24878, dated November 5, 1979, to permit the construction of certain underground footings for a new building to be erected by Blue Cross/Blue Shield of Southwestern Virginia to encroach not more than two feet under public right- of-way for a distance of not more than twelve feet under the south side of Franklin Road, S. E., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 24878, dated November 5, 1979, is hereby amended and reordained to provide that permission is granted Blue Cross/Blue Shield of Southwestern Virginia, owner of certain property fronting on Franklin Road, S. E., to construct and maintain as underground encroach- ments into the public right-of-way of Franklin Road, S.E., as said street abuts said property, building footings as shown on a certain Foundation Plan prepared by Buford T. Lumsden for Blue Cross/Blue Shield of Southwestern Virginia, dated July 23, 1980, a copy of which is on file in the Office of the City Clerk. No such footing shall encroach more than two feet over the right-of-way of the south side of Franklin Road, S. E., and all such footings shall not encroach more than twelve feet and shall be constructed as shown on the cross-section insert contained on said plan. 2. Ail provisions and conditions of Ordinance No. 24878 not inconsistent with the provisions of this Ordinance are reordained and reaffirmed and shall continue in full force and validity. 3. The provisions of this ordinance shall not become fully effective until such time as an attested copy of this ordinance shall have been duly signed, sealed, attested and acknowledged by said permittee and shall have been admitted to record at the expense of said permittee in the Clerk's Office of the Circuit Court of the City of Roanoke; and until a written permit shall have been issued by the City's Building Commissioner for the construction of the encroachment herein authorized to be made. ACCEPTED AND EXECUTED by the undersigned this __day of , 1980: ATTEST: Secretary By BLUE CROSS/BLUE SHIELD OF SOUTH~STE~N VIRG%NIA President STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, , a Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that and , President and Secretary, respectively, of BLUE CROSS/BLUE SHIELD OF SOUTHWESTERN VIRGINIA, whose names are signed to the foregoing ordinance have each personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this day of , 1980. My Commission expires: Notary Public ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1980. No. 25234. AN ORDINANCE to amend and reordain Section 32-17, By whom payable, Section 32-18, When due and payable, Section 32-19, penalty and interest On'delinquencies - Generally, Section 32-2~ Land book, Section 32-23, Abatement of taxes on building razed, destroyed or damaged, subsections (a) and (d) of Section 32-24, Service charge on state-owned real estate, Section 32-39, Board of equalization, subsections (a) and (b) of Section 32-43, Assessment of new buildings, Section 32-45, When assessment to be completed; how parcels entered on assessment records, and Section 32-46, Effective date of assessments, of the Code of the City of Roanoke (1979), as amended (the Code), so as to provide for the collection of real estate taxes on a fiscal year basis; establishing a short tax year of January 1, 1981, to June 30, 1981, and a tax rate for such short tax year; and providing for effective dates. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-17, By whom payable, Section 32-18, When due and payable, Section 32-19, Penalty and interest on delinquencies - Generally, Section 32-22, Land book, Section 32-23, Abatement of taxes on building razed, destroyed or damaged, subsections (a) and (d) of Section 32-24. Service charge on state-owned real estate, Section 32-39, Board of equalization, subsections (a) and (b) of Section 32-43, Assessment of new buildings, Section 32-45, When assessment to be completed; how parcels entered on assessment records, and Section 32-46, Effective date of assess- ments, of the Code be and said sections are hereby amended and reordained so as to read and provide as follows: Section 32-17. By whom payable; tax year. Ail taxes annually imposed on real estate shall be payable by the persons who, on the first day of January in each and every year, are the respective owners of record thereof. The tax year for purposes of collection of city taxes on real estate shall be the first day of July to the thirtieth day of June. Section 32-18. When due and payable. Ail city taxes imposed on the owners of record of real estate as of January first of each year shall be due and payable during the next following tax year for which the same are assessed in two (2) approximately equal installments as follows: one-half on or before October fifth and one-half on or before April fifth. Section 32-19. Penalty and interest on delinquencies - Generally (a) Any person who shall fail to pay to the city treasurer on or before October fifth, and April fifth of each tax year the installment of real estate tax becoming due on or before such dates, respectively, as provided by Section 32-18, shall be assessed by the treasurer and shall pay, along with such tax, a penalty of ten (10) percent of the amount of such unpaid tax installment. (b) Interest at the rate of ten (10) percent per annum, 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 un paid 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. Section 32-22. Land book. (a) The commissioner shall annually prepare a land book, in which shall be listed all the real property subject to city taxation. The book shall be arranged according to forms prescribed by law. (b) The commissioner shall prepare and verify, under oath, four (4) copies of the land book. One copy shall be kept in his office, subject to public inspection and one each shall be delivered to the city treasurer, the clerk of the circuit court and the state department of taxation. The copies of the land book required to be delivered to city officials shall be so delivered on or before August' first of each year. (c) The willful failure of the commissioner to prepare and make delivery of the book provided for in this section within the time prescribed shall constitute a Class 4 misdemeanor. Section 32-23. Abatement of taxes on building razed, de- stroyed or damased. The commissioner shall, upon application made as hereinafter provided, abate the current tax on any building which is razed or destroyed or damaged by a fortuitous happening beyond the control of the owner; provided, that no such abatement shall be allowed if the damage to such building shall impair the value thereof by less than five hundred dollars ($500.00); and no such abatement shall be allowed in the case of damage to any such building, if such damage is repaired during the same tax year in which it occurred. The tax on such razed, destroyed or damaged building shall be computed according to the ratio which the portion of the tax year such building was fit for use, occupancy and enjoyment bears to the entire tax year. Application for such abatement shall be made to the commissioner, by or on behalf of the owner of such building, within the tax year in which such building was razed or destroyed, or in which such damage was sustained. Section 32-24. Service charge on state-owned real estate. (a) Pursuant to the provisions of Section 58-16.2 of the Code of Virginia, a service charge is hereby imposed upon, and shall be collected from, the Commonwealth of Virginia, as the owner of real estate within the City which is exempt from taxation under Section 58-12(1) of the Code of Virginia. Such service charge shall be assessed annually by the Commissioner based on the assessed value of the real estate and the amount which the City expended in the calendar year preceding the tax year such charge is assessed for the purpose of furnishing police and fire protection and for the collection and disposal of refuse, excluding any amount received from federal or state grants specifically designated for such purposes. The expenditures for services not provided for certain real estate shall not be applicable to the calculations of the service charge for such real estate, nor shall such expenditures be applicable when a service is currently funded by another service charge. The service charge shall not be applicable to public roadways or property held for future construction of such roadways. (d) The service charge imposed by this section shall be billed by and payable to and collected by the treasurer no less frequently than semiannually or on or before October fifth and April fifth of each tax year. Section 32-39. Board of equalization. Pursuant to the provisions of Chapter 584 of the 1964 Acts of Assembly of Virginia, a Board of Equalization of real estate assessments for the City shall be appointed not later than March first of each year by the Circuit Court of the City. The Board of Equalization shall be composed of three members, who shall be freeholders and citizens of the City, and the terms of such members shall commence on their appointment and expire on the fifteenth day of April of the year in which they are appointed, unless such terms are extended by such Court. Such Board shall have such powers and duties as are conferred on local boards of equalization by Chapter 19 of Title 58 of the Code of Virginia (1950), as amended. The members of such Board shall receive such per diem compensation for time actually engaged in the duties of the Board as may be fixed by appropriation ordinance of this City Council. The Council shall have the right to limit the number of days to such time as, in its opinion, is sufficient for the work of the Board. Section 32-43. Assessment of new buildinss. (a) Ail new buildings, when substantially completed and fit for use, occupancy and enjoyment shall be assessed with the current tax year's tax, and the commissioner shall enter on the land book, as a supplemental assessment, the fair market value of such building; provided, however, that no such partial assessment shall become effective until information as to the date and amount of such assessment is recorded in the treasurer's office in the proper land book and made available for public inspection. (b) The tax on such new building for that year shall be computed according to the ratio which the portion of the tax year such building is fit for use, occupancy and enjoyment bears to the entire tax year, and with respect to any assessment made under this section, the tax on such supplemental assessment shall be payable within thirty days after due notice has been mailed by the treasurer to the owner at the address shown on the land book. Otherwise the tax on such supplemental assessment shall be payable as though such tax had been assessed at the beginning of such tax year, and the penalties and interest provided for in Section 32-19 shall apply to any nonpayment of such tax when due. Section 32-45. When assessment to be completed; how parcels entered on assessment records. Every assessment of real estate shall be completed by the last day of February of each year. Every parcel of real estate shall be entered separately upon the assessment records in the name of the owner thereof or in the name of the owner of any interest therein, in accordance with the provisions of general law. Section 32-46. Effective date of assessment. Every assessment made by the assessor shall be effective for tax purposes on the first day of July of the tax year next following the completion of the assessment, and taxes for the tax year shall be extended thereon by the commissioner as provided by general law. 2. In order to permit the transition of the City from the collection of real estate taxes on a calendar year basis to collection on a fiscal year basis, January 1, 1981, to June 30, 1981, is hereby declared a short tax year for purposes of collection of the real estate tax. 3. Notwithstanding the provisions of Section 32-16 of the Code, there is hereby imposed and levied, and there shall be collected, for such short tax year only, 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 seventy-three cents ($.73) on every one hundred dollars ($100.00) of the fair market value of such property. Effective July 1, 1981, the real estate tax rate shall be as set forth in Section 32-16 of the Code. 4. Real estate taxes imposed for such short tax year shall be due and payable in approximately equal installments on April 5, 1981, and June 5, 1981. Any person who shall fail to pay by such date shall be liable for the penalties and interest established by Section 32-19 of the Code, and all provisions of the Code, the City Charter and the Code of Virginia (1950), as amended, shall apply with respect to collection of such taxes. 5. All real estate taxes imposed for such short tax year shall be payable by the persons who, on the first day of January, 1981, were the respective owners of record thereof. 6. Assessments for such short tax year shall be at the appraised fair market value as of January 1, 1980. 7. Ail provisions of law applicable to the assessment of property, levy, payment and collection of taxes for a full tax year shall apply to such short tax year. 8. The first full fiscal tax year for the collection of real estate taxes shall be July 1, 1981, to June 30, 1982. 9. Assessments for such first full fiscal tax year shall be at the appraised fair market value as of January 1, 1981. 10. 1, 1981. The amendments to the Code set forth in this ordinance shall be effective January ll. Ail other provisions of this ordinance shall be effective from and after ten (10) days from the date of adoption on second reading by Council of this ordinance. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1980. No. 25260. A RESOLUTION expressing the commitment of the City of Roanoke to comply with Department of Transportation Regulations to expand use of Minority Business Enterprise in Department of Transportation assisted City projects and to implement the City's Minority Business Enterprise Program, outlining the various levels of responsibility for compliance with the City's Minority Business Enterprise Program, authorizing the City Manager to take necessary steps to comply with the regulations and stating the objectives of the Minority Business Enterprise Program. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke is committed to compliance with United States Department of Transportation (DOT) Regulations (49 CFR Part 23, (March 31, 1980)) to expand use of minority business enterprise (MBE) in DOT assisted contracts and to implementation of the City's MBE Program, dated August 11, 1980. 2. The City Manager shall have overall responsibility for effecting the City's compli- ance with these regulations and for implementing the MBE Program; and he is authorized and directed to act on behalf of the City in this matter. The MBE Liaison Officer, named in the MBE Program, shall report directly to the City Manager in this regard and shall have responsibility for the day to day implementation of the MBE Program and for monitoring the City's compliance with the above regulations. 3. The objective of the MBE Program is to effect the City's compliance in good faith with the above regulations. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1980. No. 25261. AN ORDINANCE authorizing the City Manager to execute five construction and joint use sewer contracts, two with Botetourt County and Botetourt County Service Authority and three with Roanoke County in connection with the Glade Creek, Tinker Creek and Ore Branch Sanitary Sewer 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 Botetourt County and Botetourt County Service Authority, dealing with the construction of and joint use rights in the Glade Creek and Tinker Creek Sanitary Sewer Interceptor Projects and with Roanoke County dealing with construction of and joint use rights in the Glade Creek, Tinker Creek and Ore Branch (Lower and Middle Segments) Sanitary Sewer Interceptor Projects. These contracts shall contain the terms, conditions, cost and flow data set forth in the City Manager's report dated August 11, 1980 on this subject, and be in such form as approved by the City Attorney. The estimated cost to the City for these projects, as reflected by the report, is as follows: Glade Creek Project, $336,840; Tinker Creek Project, $855,360; Ore Branch Project (Lower Segment), $123,063 ($30,766, assuming 75% grant reimbursement), Ore Branch Project (Middle Segment), $116,467 ($29,117, assuming 75% grant reimbursement), which cost shall be paid 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1980. No. 25262. 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 11, 1980, 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 nine percent (9%) in the fees paid for such services, and providing for a term commencing on August 11, 1980, and continuing until term- inated 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 llth day of August, 1980. No. 25263. AN ORDINANCE authorizing the Mayor to execute on the City's behalf certain grant documents relating to an experimental mass transportation and ride sharing program, authorizing the City Manager to furnish necessary information to the State in this regard, making certain certifications with respect to the use of grant funds; and providing for an emergency. BE IT O~AINED by the Council of the City of Roanoke that: 1. Noel C. Taylor, Mayor of the City of Roanoke, is authorized, on behalf of the City, to execute and file an application to the Virginia Department of Highways and Transportation, for a grant of transportation special revenues, as provided in Chapter 760, Budget Item 640.D of the 1980 Acts of the General Assembly, for an experimental mass transportation and ride sharing program to serve the I~llins area of Roanoke County, to execute on behalf of the City contracts ancillary to this grant, and to accept from the Virginia Department of Highways and Transportation grants in such amount as may be awarded. 2. The City Manager is authorized to furnish or have furnished to the Virginia Department of Highways and Transportation such documents and other information as may be required for processin the grant request. 3. This Council certifies that the grant funds shall be used in accordance with the requirements of the above legislation, that the record of receipts and expenditure of these funds may be subject to audit by the Department of Highways and Transportation and by the State Auditor of Public Accounts, that funds granted to the City for defraying the expenses of the mass transpor- tation and ride sharing program shall be used only for such purposes as authorized in the above legislation, and that the City will evaluate the program and seriously consider continuing the service after state funding ends, provided it satisfies certain local needs, appropriate funding can be arranged and legal requirements can be met. 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 August, 1980. No. 25264. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title XX Services (1-4) ................................. $81,468.48 REVENUE Title XX Receipts (5) ................................... 81,468.48 (1) Net increase (A01532020060) (2) Net increase (A01532020066) (3) Net increase (A01532020063) (4) Net increase (A01532020070) (5) Net increase (R01083530) $ 1,416.07 15,497.31 2,756.15 9,073.89 28,743.42 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 August, 1980. No. 25265. 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, 1980, and ending June 30, 1981, 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 $101.00 per ton, net, f.o.b., destination; (b) of American Cyanamid to furnish to the City standard ground alum for water treatment at the unit price of $196.37 per ton, net, f.o.b., destination; and (c) of Jones Chemicals, Inc., to furnish to the City liquid chlorine for water and sewage treatment at the unit prices of $19.90 per CWT of 150 lb. cylinders and $10.43 per CWT on 2000 lb. cylinders, net, f.o.b., destination, in accordance with the bidders' proposals and the City's specifications made therefor, for the period beginning July 1, 1980, and ending June 30, 1981, delivery to be made as ordered by the City's Manager of Purchasing and Materials Control, are hereby ACCEPTED. 2. The City's Manager of Purchasing and Materials Control 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1980. No. 25266. AN ORDINANCE to repeal Ordinance No. 24689, adopted June 25, 1979, Ordinance No. 25172, adopted June 23, 1980, and Resolution No. 25173, adopted June 23, 1980, and to amend and reordain Division 2, Bulk Container Units, of Article II, Collection by City of Chapter 14, Garbage and Refuse, of the Code of the City of Roanoke (1979), as amended, by deleting the requirement for use of bulk container units under certain circumstances and by providing that there shall be one free collection of each bulk container at a given location per week and establishing that the charge for each additional collection shall be as prescribed by Council; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 24689, adopted June 25, 1979, is hereby REPEALED. 2. Ordinance No. 25172, adopted June 23, 1980, is hereby REPEALED. 3. Resolution No. 25173, adopted June 23, 1980 is hereby REPEALED. 4. Division 2, Bulk Container Units, of Article II, Collection by City of Chapter 14, Garbage and Refuse, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained so as to provide as follows: Division 2. Bulk Container Units. Section 14-34. When required. It shall be the duty of the owner of any multi-family dwelling unit with ten (10) or more apartments or dwelling units on which construction is commenced subsequent to October 1, 1971, to provide at his own expense, one (1) or more front- or rear-loading bulk container units for the disposal of solid waste refuse from such multi-family dwelling units. Section 14-35. Defined; specification. The term "front-loading bulk container unit" shall mean a metal container of not less than six (6) 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 City refuse vehicle upon collection. The unit, except units in service on the date of adoption hereof, shall have sliding doors on both sides and a hinged door on the top. The term "rear-loading bulk container unit" 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 City refuse vehicle upon collection. The unit shall have top-loading doors and 1 1/2 inch drain pipe and casters. The gross weight of the front-loading container with refuse shall not exceed six thousand (6000) pounds. The gross weight of the rear-loading container with refuse shall not exceed four thousand (4000) pounds. Section 14-36. Location on premises; only refuse in container to be removed from same premises. A bulk container unit required by this division shall be placed at a location on the premises satisfactory with the city manager and the refuse in such container shall be the only refuse removed from the same premises. Section 14-37. Frequency of collection; charge for additional collections. The city shall provide for one collection of each bulk container unit of refuse per week at each location in the city, without charge to the owner or occupant thereof. In any week, for each additional collection of a bulk container unit at any such location, there shall be a charge, in such amount as is prescribed by the city council, imposed upon the owner or occupant of such location. Section 14-38. City not liable for damages to units. The city shall not be liable for damages to bulk container units as a result of the collection of refuse from such units. Section 14-39. Refuse to be completely enclosed; unit doors to be kept closed. Refuse shall be completely contained within a bulk container unit and all doors of the unit shall be kept closed. Section 14-40. Deposit of certain material prohibited. No person shall place, in any bulk container unit, rock, brick, concrete, appliances, heavy metals, trees, long lumber, stumps, limbs, fence posts, wire, furniture, explosives, flammable or toxic materials or tires. 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 llth day of August, 1980. No. 25267. A RESOLUTION establishing the fee to be charged by the City for each additional collection of front-loading bulk container units and rear-loading bulk container units. BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke shall impose and charge the following amounts for each collection of a bulk container unit in excess of one collection of each unit per week per location: Front-loading bulk container - Rear-loading bulk container - $5.00 $4.00. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1980. No. 25269. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Capital Projects 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 1980-81 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Court Facility Construction (1) ....................... $8,600,061.17 Public Improvement Bonds, Series 1980A (2-5) .......... 4,500,000.00 (1) Net increase (A08110190201) (2) Net increase (A08310172601) (3) Net increase (A08310172602) (4) Net increase (A08310172603) (5) Net increase (A08310172604) $8,000,000.00 1,600,000.00 1,300,000.00 900,000.00 700,000.00 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 llth day of August, 1980. No. 25270. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Capital Projects 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 1980-81 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fire Station No. 3 (1 & 2) ......................... $ 1,530.00 Church Avenue Park (3 & 4) ......................... 1,000.00 Hunter Viaduct Park (5 & 6) ........................ 3,000.00 Design Management Team (7 & 8) ..................... 125,000.00 Public Improvement Bonds, Series 1980A (9 & 10) .... 4,370,500.00 Cultural Center - Parking Garage (11) .............. 3,211,700.00 Capital Improvement Reserve (12) ................... 3,385,000.00 (1) Net increase (A08120190601) (2) Net decrease (A08120190603) (3) Net increase (A08170190301) (4) Net decrease (A08170190303) (5) Net increase (A08170190401) (6) Net decrease (A08170190403) (7) Net increase (A08140190201) (8) Net decrease (A08140190203) (9) Net decrease (A08310172602) (10) Net decrease (A08310772603) (11) Net decrease (A08180190803) (12) Net increase (A08310172501) 500.00 500.00 1,000.00 1,000.00 3,000.00 3,000.00 125,000.00 125,000.00 125,000.00 4,000.00 377,750.00 507,250.00 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 llth day of August, 1980. No. 25271. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and re- ordained to read as follows, in part: APPROPRIATIONS Roanoke City Public Schools (1) ....................... $31,658,416.00 REVENUE State and Federal Programs (2) ........................ 758,183.00 (1) Net increase (A01611085201) $354,968.00 (2) Net increase (R01062025) 354,968.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1980. No. 25272. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and re- ordained to read as follows, in part: APPROPRIATIONS Roanoke City Public Schools (1) ....................... $31,303,448.00 REVENUE State and Federal Programs (2) ........................ 403,215.00 (1) Net increase (A0161i085201) $403,215.00 (2) Net increase (R01062025) 403,215.00 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 llth day of August, 1980. No. 25273. AN ORDINANCE authorizing the City Manager to prepare and submit a grant application to the United States Federal Aviation Administration and the Commonwealth of Virginia for funds to acquire real estate in the 40 Noise Exposure Forecast contour, off Runway 5-23 at the Roanoke Municipal Airport, Woodrum Field, in connection with a noise control program and to execute any subsequent grant contracts in this matter; 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, Sam H. McGhee, III, is hereby authorized, for and on behalf of the City, to prepare and submit grant applications to the United States Federal Aviation Administration (FAA) and to the Commonwealth of Virginia for funds to acquire at fair market value, real estate in the 40 Noise Exposure Forecast contour, off Runway 5-23 at Roanoke Municipal Airport, Woodrum Field, in connection with an airport noise control program; and to accept, execute and file, on behalf of the City, any contracts ancillary to or effecting this grant. It is anticipated that funding for this program will be derived as follows: $450,000 from FAA; $25,000 from Commonwealth of Virginia; and $25,000 from City funds, with the FAA providing 90%, the Commonwealth of Virginia providing 5% and the City 5% of the program costs. 2. In order to provide for the usual daily operation of the municipal government, an is deemed to exist, and this ordinance shall be in full force and effect upon its passage. emergency APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1980. No. 25274. AN ORDINANCE increasing the compensation to be offered by the City for the acquisition of certain parcels of land needed by the City as the site for a publicly owned off-street parking facility; authorizing the City Manager to execute contracts of purchase for the same; and providing for an emergency. WHEREAS, pursuant to Ordinance No. 25104, adopted by the Council on May 12, 1980, the City Manager made a written offer to the owner to purchase Lots 130, 131 and 132, Ward 5, Roanoke Land and Improvement Map, bearing Official Tax No. 4010805 (hereinafter Parcel 1) for the sum of $181,000 and made a written offer to the owner to purchase Lots 133, 134 and 135, Ward 5, Roanoke Land and Improvement Map, bearing Official Tax No. 4010806 (hereinafter Parcel 2) for the sum of $167,650; WHEREAS, the City Attorney initiated condemnation proceedings to acquire Parcels 1 and 2 after the said offers were refused; and WHEREAS, since the initiation of condemnation proceedings, the City has had Parcels 1 and 2 reappraised, which appraisals, dated July 9, 1980, indicate a higher fair market value for the said parcels than has been offered by the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Attorney be, and he is hereby authorized and directed, on behalf of the City, to make further written offers to the owners of Parcels 1 and 2 to purchase the same in fee simple and free from all encumbrances for the fair market value indicated in the City's latest appraisals, to-wit: $250,000.00 for Parcel 1, and $203,600.00 for Parcel 2. 2. The City Manager be, and he is hereby authorized and directed, upon acceptance of the said offers, or either of them, to execute option agreements or contracts of purchase for the same; and upon acceptance of such offer and upon delivery to the City of a good and sufficient deed of conveyance, approved as to form by the City Attorney and upon certification of the title thereto, the Director of Finance be, and he is hereby authorized and directed to make payment to the owner or owners accepting said offers the consideration hereinabove set out with respect to each aforesaid parcel of land, such payment to be made to such persons as are certified by the City Attorney to be entitled to the same. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1980. No. 25275. AN ORDINANCE providing for the acquisition of certain land in fee simple needed by the City as the site for a landscaped mall on Church Avenue, S. E., in the City; fixing the consideration to be offered by the City for this land and the other terms and provisions of such acquisition; authorizing the City Manager to enter upon the land for the purpose of making surveys, tests, borings and the like; providing for the City's acquisition of the land by condemnation, under certain circumstances; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke wants and needs a site for construction of a public landscaped mall on the west side of Church Avenue, S. E., downtown, Roanoke, Virginia. The proper City officials are authorized to acquire for the City for such purpose, from the owner or owners of the land hereinafter described and for the price set out below, the fee simple title, in and to Lots 169 & 170, Map of Roanoke Land & Improvement, bearing Official Tax No. 4011308, situate in the City of Roanoke, Virginia on the west side of Church Avenue, S. E., for the purchase price of $107,500.00. 2. The City Manager is hereby authorized and directed to make, on behalf of the City, further written offers to the owner or owners of this real property for its purchase by the City in fee simple and free from all encumbrances, offering and commiting the City to pay the cash purchase price set out above, and to execute an option agreement or contract of sale for the same. Upon acceptance of such offer and upon delivery to the City of a good and sufficient deed of conveyance, approved as to form by the City Attorney and upon certification of the title thereto, the Director of Finance is hereby authorized and directed to make payment to the owner or owners accepting the offer for the consideration set out above with respect to the aforesaid land. Such payment shall be made to such persons certified by the City Attorney to be entitled to the same. 3. The City Manager or his designee is hereby authorized to enter upon the above real estate, in accordance with the provisions of State law, for the purpose of making surveys, borings, appraisals or other examinations with respect to the project proposed. 4. Should the City be unable, within seven days from the adoption of this ordinance, to reach agreement with the respective owner or owners of the above land for the City's purchase of the same for the consideration herein provided, the City Attorney is hereby authorized and directed to institute condemnation proceedings to acquire for the City the fee simple title to this land. 5. Should it be necessary to file condemnation proceedings, the City Attorney is hereby authorized to file a motion seeking a right of entry into and taking possession of by the City the said property at such time as is determined to be necessary by the City Engineer. The Director of Finance, upon request of the City Attorney, is hereby authorized to pay into the court in which the condemnation proceedings are pending the sum set out above for the acquisition of this property. 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 llth day of August, 1980. No. 25276. A RESOLUTION expressing to the Botetourt County Planning Commission and Board of Super- visors Council's opposition to a proposed rezoning of a 21-acre tract of land adjacent to the City's Nursing Home at Coyner's Springs in Botetourt County from agricultural uses to industrial uses, and authorizing the City Manager and the City Attorney, or their designees, to take appropriate measures to oppose the application for said rezoning. WHEREAS, Council has been.notified that application has been made to the Botetourt County Board of Supervisors to rezone from agricultural uses to industrial uses, for the purpose of operating a vehicle and equipment storage and repair facility, a 21-acre tract of land adjacent to the City's Nursing Home at Coyner's Springs; WHEREAS, it is the sense of Council that the said rezoning would be deleterious to the sense of quiet, calm beauty which pervades the operation of the City's Nursing Home, and would do great harm to the restful view of the surrounding mountains and the clean, healthful air enjoyed by its elderly patients; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council expresses to the Botetourt County Planning Commission and Board of Supervisors its opposition to the proposed rezoning of a 21-acre tract of land adjacent to the City's Nursing Home at Coyner's Springs from agricultural uses to industrial uses. 2. The City Manager and the City Attorney, or their designees, be and they are hereby authorized to take appropriate measures to oppose the said application for rezoning. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1980. No. 25268. AN ORDINANCE amending and reordaining Section 32-86. Financial eli$ibility, and Section 32-88. Applicant's affidavit, of the Code of the City of Roanoke (1979), as amended, and as these provisions were amended by Ordinance No. 24771, adopted July 23, 1979; and providing for an effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-86. Financial eligibility and Section 32-88. Applicant's affidavit, of the Code of the City of Roanoke (1979), as amended, as these provisions were amended by Ordinance No. 24771, adopted July 23, 1979, are amended and reordained as follows: Section 32-86. Financial eli$ibility. To be eligible for the exemption provided for in this article, 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. 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 pro rated 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 article 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 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 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, did not exceed fifty-five thousand dollars ($55,000.00). Such affidavit shall be filed annually or, in lieu thereof, such affidavit may be filed on a three-year cycle with an annual certi- fication by the taxpayer that no information contained on the last preceding affidavit filed has been changed to violate the limitations and conditions pro- vided herein. Such affidavit or certificate shall be filed not later than the fifth day of April of each year; provided, that for the year 1981, such affida- vit or certificate shall be filed not later than the fifth day of February of that year; and provided, further, that the commissioner may permit the late filing of the affidavit required by this section for first-time applicants or the commissioner may permit late filing of such affidavit or certificate for other than first-time applicants in hardship cases. ATTEST: This ordinance shall be effective on and after January 1, 1981. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1980. No. 25278. AN ORDINANCE authorizing the City Manager to enter into a supplemental agreement with Carben Corporation with respect to the purchase by the City of property for the Intermodal Trans- portation Center, to extend the closing date and to remove a provision calling for an adjustment of the purchase price based on the closing date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite agreement amending the contract dated December 5, 1979 between the City and Carben Corporation, providing for the sale to the City of certain real estate for the Intermodal Transportation Center. The contract amendment shall be upon such form as is approved by the City Attorney and contain the following provisions: (a) In every case, the words and figures "SepteMoer i, 1980" shall be replaced by "January 1, 1981"; (b) The following sentence in subparagraph 1 shall be excised: "An earlier or later closing date shall cause a respective decrease or increase of $100.00 per day in the purchase price." 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 August, 1980. No. 25279. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Norwood Street Storm Drain Project; 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 for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Norwood Street Storm Drain Project in this City, the City wants and needs the 3 parcels, comprising one fee tract, two storm drain easements, temporary construction easements and rights of ingress and egress, listed in the report of the City Manager on this subject, dated August 25, 1980, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary easements with appropriate ancillary rights with respect to the 3 parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $10,000.00 without further authoriza- tion of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to 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 offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordinance to each property owner, with an accompanying letter of explanation from the City Engineer's Office. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance is 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 August, 1980. No. 25280. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Glade Creek Interceptor Project; 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 for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Glade Creek Sanitary Sewer Interceptor Project in this City, the City wants and needs the 15 parcels, comprising permanent sanitary sewer easements, temporary construction easements and rights of ingress and egress, listed in the report of the City Manager on this subject, dated August 25, 1980, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary easements with appropriate ancillary rights with respect to the 15 parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $35,000.00 without further authoriza- tion of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to 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 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, with an accompanying letter of explanation from the City Engineer's Office. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance is 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 August, 1980. No. 25281. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Ore Branch Interceptor (Lower Section) Project; 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 for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Ore Branch (Lower Section) public sanitary sewer interceptor project in this City, the City wants and needs the 5 parcels, comprising permanent sanitary sewer easements and temporary construction easements, with right of ingress and egress, listed in the report of the City Manager on this subject, dated August 25, 1980, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary easements with appropriate ancillary rights with respect to the 5 parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $60,000.00 without further authoriza- tion of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate, 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 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 offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordinance to each property owner, with an accompanying letter of explanation from the City Engineer's Office. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance is in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1980. No. 25282. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Capital Projects 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 1980-81 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Intermodal Transportation Center (1) ................... $ 6,150.00 Capital Improvement Reserve (2) ........................ 7,760,870.00 (1) Appropriated from General Revenues (A08180190603) (2) Capital Improvement Reserve (A08310172505) $1,150.00 (1,150.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1980. No. 25283. AN ORDINANCE authorizing the purchase by the City of certain real estate on West Campbell Avenue from Edmund P. Goodwin and Mary Goodwin Kuyk to be used for the intermodal transportation facility, authorizing the City Manager to execute and deliver a contract effecting this purchase, authorizing the payment of the deposit on the contract and the consummation of the transaction, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest the requisite contract with Edmund P. Goodwin and Mary Goodwin Kuyk, for the City's purchase for $65,400 of the following real estate with all appurtenances and fixtures, lying in the City of Roanoke, Virginia, on the north side of West Campbell Avenue: that property identified by Official Tax No. 1011129. The contract shall contain the terms and conditions set out in the City Manager's report dated August 25, 1980 on this subject, specifically making the contract subject to the award to the City of the appropriate grant from the Urban Mass Transportation Administration, and be in such form as is approved by the City Attorney. 2. The City Manager or the Assistant City Manager is authorized and directed to deliver $1,150.00 to Edmund P. Goodwin and Mary Goodwin Kuyk, as earnest money, from funds hereto- fore or simultaneously appropriated for this purpose, and to consummate the transaction con- templated by the contract, upon the terms and conditions therein specified. 3. In order to provide for the usual daily operation of themunicipal 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 August, 1980. No. 25284. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Public Safety (1) ................................... $10,897,660.00 Non-Departmental (2) ................................ 14,629,535.00 (1) Animal Control - Fees for Professional Services (A01353020010) .................... $10,500.00 (2) Contingency Reserve (A01941032006) ......... (10,500.00) 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 25th day of August, 1980. No. 25285. AN ORDINANCE providing for the purchase of certain police uniform items for use by the City's Police Department, upon certain terms and conditions; accepting certain bids made to the City for furnishing and delivering such items; 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 Kay Uniform Co., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, police uniform shirts, meeting said City's specifications and requirements made therefor, at the total bid price of $15,066.00 be, and said bid is hereby ACCEPTED. 2. The bid of Kay Uniform Co., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, storm reefers, meeting said City's specifications and require- ments made therefor, at the total bid price of $5,325.00 be, and said bid is hereby ACCEPTED. 3. The City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue the requisite purchase orders therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said uniform items to be paid for out of funds appropriated for the purpose upon delivery to the City of said items, and upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make the requisite payment to the successful bidders of the aforesaid purchase prices, not to exceed the sums hereinabove set out. 4. The other bids received for said police uniform items are hereby REJECTED, the City Clerk to so notify said other bidders and to express the City's appreciation of 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 25th day of August, 1980. No. 25286. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Gene=al Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Government (1) ............................... $ 3,165,534.00 Non-Departmental (2) ................................. 14,640,035.00 (1) City Clerk - Fems for Professional Services (A01112020010) (2) Contingency Reserve (A01941032006) $5,110.00 (5,110.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1980. No. 25287. A RESOLUTION expressing the opposition of this Council to Senate Bill 1983 and House Bill 7384, pending in the United States Senate and House of Representatives, respectively. WHEREAS, Senate Bill 1983, the Civil Rights Improvements Act of 1979, is pending in the subcommittee on the Constitution of the Senate Judiciary Committee and similar legislation, House Bill 7384, is pending in the subcommittee on administrative Law and Government Relations of the House Judiciary Committee; WHEREAS, this legislation would codify the decision of Monell v. Department of Social Services, 436 U.S. 658 (1978), by providing that a municipality is a person within the meaning of the Civil Rights Act of 1871, and this Council is of the opinion that the decision in Monell should be overturned by legislative action; WHEREAS, the pending legislation would subject a municipality to liability merely for employing a person who violates federal law while this Council is of the opinion that federal legislation should specifically state that the doctrine of respondeat superior does not apply to actions brought under the Civil Rights Act of 1871; WHEREAS, the proposed legislation would codify the decision of the Supreme Court in Owen v. City of Independence, Record No.78-1799 (April 16, 1979), eliminating the defense of good faith immunity for municipalities, while this Council supports the good faith defense if municipali- ties are going to be held to be persons within the meaning of the Civil Rights Act of 1871; WHEREAS, Senate Bill 1983 and House Bill 7384 do not require that petitioners exhaust available remedies in state courts and in state administrative agencies before proceeding to federal court, and this Council believes that such exhaustion is useful in resolving issues at the earliest possible point in time and at the lowest possible level; WHEREAS, the proposed legislation would provide a new statute of limitations of four years for Virginia localities which would further complicate the defense of such litigation, and this Council would prefer the present state statute of limitations of two years; WHEREAS, this Council is further of the opinion that any legislation adopted by Congress should reverse the results of the Supreme Court in Maine v. Thiboutot, Record No. 78-838 (June 25, 1980), and the pending legislation does not address this issue; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. By means of this resolution, Council expresses its opposition to Senate Bill 1983 and House Bill 7384 and calls upon our representatives in the United States Senate and in the United States Congress to oppose this legislation. 2. The City Clerk is directed to forward a certified copy of this resolution and a copy of the report of the City Attorney to The Honorable Harry F. Byrd, Jr., The Honorable John W. Warner, the Honorable M. Caldwell Butler, Alan Beals, Executive Director of the National League of Cities, and R. Michael Amyx, Executive Director of the Virginia Municipal League. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1980. No. 25288. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATION State and Federal Programs (1) .......................... $1,658,556.00 REVENUE State and Federal Programs (2) .......................... 1,658,556.00 (1) State & Federal Programs (A01611085201) ..... $524,176.00 (2) State & Federal Programs (R01062025) ........ 524,176.00 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 2nd day of September, 1980. No. 25277. AN ORDINANCE providing for the lease of the former No. 6 Fire Station to Mildred Prater, on behalf of the Belmont Neighborhood Watch Group. BE IT ORDAINED by the Council of the City of Roanoke that Noel C. Taylor, Mayor, and Mary F. Parker, City Clerk, are authorized to execute and attest, respectively, on the City's behalf, a deed leasing the former No. 6 Fire Station property to Mildred Prater, on behalf of the Belmont Neighborhood Watch Group. This lease shall provide for a lease of this property on a month to month basis in order to provide a meeting place and headquarters for the Belmont Neighbor- hood Watch Group, shall contain the other terms and conditions set out on a copy of a proposed lease dated July 14, 1980, attached to the City Manager's report dated August 25, 1980 on this subject, and shall be upon such form as is approved by the City Attorney. ATTEST: ~~__ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1980. No. 25289. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Capital Projects Fund, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of 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 Capital Projects Fund, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Intermodal Transportation Center (1) .................. $ 7,150.00 Capital Improvement Reserve (2) ....................... 7,759,870.00 (1) Appropriated from General Revenues (A08180190603) (2) Capital Improvement Reserve (A08310172505) $1,000.00 (1,000.00) 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 2nd day of September, 1980. No. 25290. AN ORDINANCE authorizing the purchase by the City of certain real estate on West Campbell Avenue from James Kirk Dille and others to be used for the intermodal transportation facility, authorizing the City Manager to execute and deliver a contract effecting this purchase, authorizing the payment of the deposit on the contract and the consummation of the transaction, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract with James Kirk Dille and others, for the City's purchase for $31,000.00 of the following real estate with all appurtenances and fixtures, lying in the City of Roanoke, Virginia, on the north side of West Campbell Avenue: that property identified by Official Tax No. 1011117. The contract shall contain the terms and conditions set out in the City Manager's report dated September 2, 1980 on this subject, specifically making the contract subject to the award to the City of the appropriate grant from the Urban Mass Transportation Administration, and be in such form as is approved by the City Attorney. 2. The City Manager or the Assistant City Manager is authorized and directed to deliver $1,000.00 to James Kirk Dille and others, or to their authorized representative, as earnest money, from funds heretofore or simultaneously appropriated for this purpose, and to consummate the transaction contemplated by the contract, upon the terms and conditions therein specified. 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 2nd day of September, 1980. No. 25291. A RESOLUTION establishing a Special Meeting of the Council of the City of Roanoke on October 21, 1980, at 2:00 p.m. WHEREAS, it appears that a Special Meeting of the Council will be necessary to receive and read the bids for the City's new Courts Building. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting be scheduled for October 21, 1980, at 2:00 p.m.,.for the purpose of receiving bids on the new Courts Building and for the purpose of appointing a Bid Committee to review the said bids. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY oF ROANOKE, VIRGINIA, The 2nd day of September, 1980. No. 25292. AN ORDINANCE amending and reordaining Subsection (b) of Section 24-30, Record of and settlement of accounts for rental events, of the!Code of the City of Roanoke (1979), as amended, to provide for remission of net receipts from CiVic Center events to the City Treasurer as expedi- tiously as possible, rather than within 45 days after the event; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of Section 24-30, gecord of settlement of accounts for rental events, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 24-30. Record of settlement of accounts for rental events. (b) After the use of the civic center for an event, all outstanding items from such event, other than city,sponsored events, shall be settled as expeditiously as possible under thelcircumstances of that event; and the net rental proceeds shall be remitted, by check drawn on the account referred to in section 24-27, to the c~ty treasurer in accordance with the procedures established by section 2-172 of this Code and as provided in section 24-27(b) of this article. 2. In order to provide for the usualldaily operation 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 276 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1980. No. 25293. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 4-21.1. Council member liaison, to provide for a Council member liaison to the Airport Advisory Commission; 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: Section 4-21.1. Council member liaison. (a) In addition to the seven (7) members of the commission appointed pursuant to this article, the council shall appoint one member of council to serve as a non-voting liaison between the council and the commission. The term of such council member liaison shall be for three (3) years commencing on September 1, 1980. Thereafter, all terms shall be for a period of three (3) years; provided, however, vacancies in this position shall be filled by the council for the unexpired portion of the term to be filled. If the council member liaison's tenure on council should cease, the position shall be declared vacant and the unexpired term shall be filled by the council. (b) The council member liaison shall receive notice of all meetings of the commission and shall be entitled to participate in all of the deliberations and work of this body. 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 2nd day of September, 1980. No. 25294. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 24-45.1. Council member liaison, to provide for a Council member liaison to the Roanoke Civic Center Commission; 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: Section 24-45.1. Council member liaison. (a) In addition to the seven (7) members of the commission appointed pursuant to this division, the council shall appoint one member of council to serve as a non-voting liaison between the council and the commission. The term of such council member liaison shall be for three (3) years commencing on September 1, 1980. Thereafter, all terms shall be for a period of three (3) years; provided, however, vacancies in this position shall be filled by the council for the unexpired portion of the term to be filled. If the council member liaison's tenure on council should cease, the position shall be declared vacant and the unexpired term shall be filled by the council. (b) The council member liaison shall receive notice of all meetings of the commission and shall be entitled to participate in all of the deliberations and work of this body. 2. In order to provide for the usual daily operation of the municipal govarnment, 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 2nd day of September, 1980. No. 25295. AN ORDINANCE providing for certain repair work on the roof of the City's National Guard Armory, upon certain terms and conditions, by accepting a certain bid made to the City for such work; 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 Seal-Tite Roofing Co., Inc., of Troutville, Virginia, to perform certain roof repair and replacement work at the City's National Guard Armory, as more particularly described in the City's specifications and the bidder's proposal therefor, be and is hereby ACCEPTED, such work to be performed for the sum of $14,883.00; 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 the aforesaid firm, such contract to have incorporated therein the City's plans and specifications made for such work, the terms of the bid 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 said work be, and said bids are hereby REJECTED, the City Clerk to so notify said 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1980. No. 25296. AN ORDINANCE providing for the purchase and installation of a Garage Exhaust System for the Public Works Service Center, upon certain terms and conditions, by accepting a certain bid made to the City for said system; rejecting a certain other bid made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid in writing of the W. J. Blane Co. made to the City and recently opened to furnish to the City a Garage Exhaust System for the Public Works Service Center as more particularly described in the City's specifications and in said bidder's proposal, be and is hereby ACCEPTED at a cost not to exceed $17,949.00. 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 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 other bid made to the City for the installation of said system be and is hereby REJECTED, and the City Clerk is directed to notify such other bidder and to express the City's appreciation for its bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor P 78 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1980. No. 25297. A RESOLUTION designating a Voting Delegate, Alternate Voting Delegate and Staff Assistant for the Business Session and any meetings of the Urban Section, respectively, at the 1980 Annual Meeting of the Virginia Municipal League and expressing the desire of this Council that this City be considered as the site for the 1984 Annual Meeting of the Virginia Municipal League. 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 30, 1980, Mayor Noel C. Taylor and Vice-Mayor Wendell H. Butler 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 28 - 30, 1980, Mayor Noel C. Taylor and Vice-Mayor Wendell H. Butler are hereby designated Voting Delegate and Alternate Voting Delegate, respectively, and H. B. Ewert, City Manager, is hereby designated Staff Assistant. 3. This Council hereby expresses its desire to host the 1984 Annual Meeting of VML and authorizes the Mayor or his designee to make an appropriate presentation on behalf of the City to the Time and Place Committee of VML on Sunday, September 28, 1980. The Mayor is also authorized to execute the form required by VML to be completed by a locality desiring to be considered as a conference site. i ,ii 4. Mary F. Parker, City Clerk, is directed to forward an attested copy of this resolution !I to VML and to complete and mail to VML any forms required to be used by VML to set forth the ;Ii designations included in this resolution', all of which action shall be completed by September 12, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1980. No. 25298. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Community Development Block Grant (A356680) (1 & 2) .......... $2,629,000.00 (1) West End Community Center (A35668000405) (2) Hurt Park Street Improvements (A35668000601) $ 12,000.00 $(12,000.00) 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, 1980. No. 25299. A RESOLUTION amending the City's Fiscal Year 1980-81 Community Development Block Grant program to provide for temporary administrative funding for the West End Community Center; and 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City's Fiscal Year 1980-81 Community Development Block Grant program be, and said program is hereby amended to the extent that $12,000.00 be transferred from the Hurt Park Street Improvements account to a new account to be used for temporary administrative funding for the West End Community Center, as requested in a report of the City Manager to the Council dated September 8, 1980. 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 1980-81 Community Development Block Grant program. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1980. 25301. AN ORDINANCE providing for the City's acquisition of a small parcel of land being a part of Tax Appraisal No. 1313301, in the City of Roanoke, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Reid Jones, Jr., and Margaret Jones, his wife, to convey to the City a triangular portion of Tax Appraisal No. 1313301, lying in the City of Roanoke, Virginia, south of the extended norterly line of an alley passing through the block bounded by Patterson Avenue, S. W., Chapman Avenue, S. W., and 21st Street, S. W., and being bounded by said northerly extended alley line on the north, Chapman Avenue on the west and 21st Street on the east, in exchange for a portion of 21st Street, S. W., vacated by the City, be and said offer 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, such deed to be in form approved by the City Attorney, the City Attorney may record such deed without the necessity of examining and certifying the title to the aforesaid property. 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1980. No. 25306. AN ORDINANCE authorizing certain agreements and contracts to be entered 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 Summary and Agreement extending present coverage from August 1, 1980, to September 1, 1980; (2) Enrollment Summary and Agreement providing for "high- option" coverage for certain employees for the time period September 1, 1980, to July 31, 1981; and (3) Enrollment Summary and Agreement providing for "low-option" coverage for certain employees for the time period September 1, 1980, to July 31, 1981. The City Manager is also authorized to execute, for and on behalf of the City, 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1980. No. 25307. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Fifth District Employment and Training 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 1980-81 Fifth District Employment and Training Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Youth Employment (S.P.E.D.Y.) 51-0-204-32 (A348965) (1) ....... $726,761.00 REVENUE Youth Employment (S.?.E.D.Y.) 51-0-204-32 (R348001) (2) ....... $726,761.00 (1) Unobligated (A34896599999) $435,171.00 (2) S.P.E.D.Y. (R34800165) $435,171.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A P P R 0 V E D ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1980. No. 25308. AN ORDINANCE accepting a certain proposal and awarding a contract for the installation of new wiring, conduit, fixture bases and steel housing in connection with taxiway lighting at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract; rejecting the other bid; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid proposal made by J. M. Murphy, Co., Inc. for the installation of new wiring, conduit, fixture bases and steel housing for medium intensity taxiway lights on Runway 33 at Roanoke Municipal Airport, Woodrum Field, in full accordance with the City's plans and specifications made therefor, for the sum of $22,169.00, payable from funds heretofore or simultaneously appropri- ated for this purpose and payable as provided in the bid documents 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 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 other bid for this work is REJECTED. The City Clerk shall notify the other bidder and express the City's appreciation for the submission 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 22nd day of September, 1980. No. 25300. AN ORDINANCE permanently vacating, discontinuing and closing that certain portion of 21st Street extending from the southerly side of Patterson Avenue, S. W., to northerly line of a 12 foot width alley extended, as is more particularly described hereinafter. WHEREAS, Reid Jones, Jr., and Garland E. Carroll 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 that certain street which is more particularly hereinafter described; and WHEREAS, Reid Jones, Jr., and Garland E. Carroll, did on April 23, 1980, duly and legally publish a notice of their application to the Council by posting a copy of the notice on the front door of the Courthouse of the Circuit Court in the City of Roanoke, Virginia (Campbell Avenue entrance), at the Market House (Campbell Avenue entrance), and at the Market House (Salem Avenue entrance), all of which is verified by affidavit of the City Sheriff appended to the application; and WHEREAS, more than ten (10) days having expired since the publication of the notice of said application, and in accordance with the prayers of the said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by Resolution No. 25088 dated May 5, 1980, appointed viewers to view the property and report in writing whether in their opinion any inconvenience would result in permanently vacating, discontinuing and closing the aforesaid street; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said street; and WHEREAS, Council at its meeting on May 5, 1980, by the aforesaid resolution, also referred the application to the City Planning Commission for study and recommendation; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on June 4, 1980, 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 September 8, 1980, at 7:30 p.m., after due and timely notice thereof by publica- tion 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; amd 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 re- sult to any individual or to the public for permanently vacating, discontinuing and closing said street, as requested by Reid Jones, Jr., and Garland E. Carroll, and recommended by the City Plannin Commission; and WHEREAS, Petitioner, Reid Jones, Jr., has prepared and delivered to the City of Roanoke a deed conveying that small portion of his land on which an existing City alley has been constructed 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: That certain portion of 21st Street extending from the southerly side of Patterson Avenue, S. W., to northerly line of a 12 foot width alley extended, be, and it is hereby, permanently vacated, discontinued and closed, and that all right, and interestl 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 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 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 street of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby 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 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 Reid Jones, Jr., and Garland E. Carroll, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25302. Mayor WHEREAS, Community Hospital of Roanoke Valley heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanen! ly vacate, discontinue and close those certain streets which are more particularly hereinafter described; and WHEREAS, Community Hospital of Roanoke Valley did, on June 12, 1980, duly and legally publish a notice of its application to the Council by posting a copy of the notice on the front door of the Courthouse of the Circuit Court 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 affidavit of the City Sheriff appended to the application; and WHEREAS, more than ten (10) days having expired since the publication of the notice of said application, and in accordance with the prayers of the said application and the provisions of Section 15.1-364 of the Code of Virginia, as amended, Council by Resolution No. 25164 dated June 23, 1980, appointed viewers to view the property and report in writing whether in their opinion any inconvenience would result in permanently vacating, discontinuing and closing the aforesaid streets; and AN ORDINANCE permanently vacating, discontinuing and closing (1) Mountain Avenue, S. E., from the extended easterly line of First Street, S. E., westerly to the extended easterly line of an alley in the block between Jefferson Street and First Street, S. E., and (2) First Street, S. E., from the extended southerly line of Mountain Avenue, S. E., to the northerly extended line of High- land Avenue, S. E., as is more particularly described hereinafter. WHEREAS, it appearm from the written report of the viewers filed with the City Clerk that no inconvenience will result to any individual or to the public from permanently vacating, discon- tinuing and closing said streets; and WHEREAS, Council at its meeting on June 23, 1980, by the aforesaid resolution, also referre~ the application to the City Planning Commission for study and recommendation; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned and having a hearing at its regular meeting on August 6, 1980, recommended that the hereinafter described streets be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on September 8, 1980, at 7:30 p.m., after due and timely notice thereof by publicatio~ in The Roanoke Times & World-News, at which hearing all parties in interest and citizens were afforde~ 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 streets 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 streets, as requested by Community Hospital of Roanoke Valley and recommended by the City Planning Commission; and WHEREAS, Petitioner has dedicated a cul-de-sac at the end of Mountain Avenue, S. E., and given satisfactory bond to guarantee construction thereof; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that those certain streets situate in the City of Roanoke, Virginia, and more particularly described as follows: (1) Mountain Avenue, S. E., from the extended easterly line of First Street, S. E., westerly to the extended easterly line of an alley in the block between Jefferson Street and First Street, S. E., and (2) First Street, S. E., from the extended southerly line of Mountain Avenue, S. E., to the northerly extended line of Highland Avenue, S. E. be, and they are hereby, permanently vacated, discontinued and closed, and that all right and interes! 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 Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said streets, 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 streets of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said streets on all maps and plats on file in his office on which said streets are shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court 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 Community Hospital of Roanoke Valley, and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25303. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke, (1979), as amended, and Sheet No. 128, 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 tract of land being Lots 14, 13, 12, 11, 10, 9, 8, 21, 22, 23, and 24, Block 1, of the C. M. Turner Map, the western half of the former 25th Street east of Colonial Avenue between Colonial Avenue and Interstate 581, the former alley between Sanford Avenue and Colonial Avenue bounded on the west by Lots 10 through 14 and on the east by Lots 22 through 25, a certain triangular tract of the Virginia Department of Highways bounded by Lot 14 on the west, Colonial Avenue on the north and the entrance ramp to Interstate 581 from Colonial Avenue on the east and south, and that part of Colonial Avenue to and including the center line thereof along that portion of Colonial Avenue which abuts upon the property heretofore described; the said lots having the official tax numbers 1280413, 1280412, 1280411, 1280410, 1280409, 1280408, 1280407, 1280419, 1280420, 1280421, and 1280423; subject to certain conditions proffered by the petitioner pursuant to Article VIII, Section 36-554 of the Code of the City of Roanoke, (1979), as amended, from R-D, Residential Duplex District, to C-2, General Commercial District, as more particularly described in the petition for rezoning filed with the City Clerk on June 13, 1980; and WHEREAS, the City Planning Commission has recommended that the hereinafter-described land be rezoned from R-D, Residential Duplex District to C-2, General Commercial District, subject to the conditions proffered by the petitioner in its petition; 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 8th day of September, 1980, 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. 128 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular, subject to the conditions set forth in the petition for rezoning filed with the City Clerk, viz: Property located on Colonial Avenue and Sanford Avenue described as Lots 14, 13, 12, 11, 10, 9, 8, 21, 22, 23, and 24, Block 1, of the C. M. Turner Map, the western half of the former 25th Street east of Colonial Avenue between Colonial Avenue and Interstate 581, the former alley between Sanford Avenue and Colonial Avenue bounded on the west by Lots 10 through 14, and on the east by Lots 22 through 25, a certain triangular tract of the Virginia Department of Highways bounded by Lot 14 on the west, Colonial Avenue on the north and the entrance ramp to Interstate 581 from Colonial Avenue on the east and south, and that part of Colonial Avenue to and including the center line thereof along that portion of Colonial Avenue which abuts upon the property heretofore described, designated on Sheet 128 of the Sectional 1976 Zone Map, be, and is hereby changed from R-D, Residen- tial Duplex District, to C-2, General Commercial District, as more particularly described in the aforementioned petition for rezoning, and that Sheet No. 128 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25304. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 328, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the City of Roanoke to have 3729 and 3735 Hollins Road, N. E., known as Lots 1 and 2, Block 2, Map of Northfield Addition, and Official Tax Nos. 3280501 and 3280502 rezoned from RD-Duplex Residential District to General Commercial District - C2; and WHEREAS, the City Planning Commission has recommended that the hereinafter-described land be rezoned from RD-Duplex Residential District, to C2-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 8th day of September, 1980, 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. 328 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on 3729 and 3735 Hollins Road, N. E., described as Lots 1 and 2, Block 2, Northfield Addition, designated on Sheet 328 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3280501 and 3280502, be and is hereby changed from RD-Duplex Residen- tial District, to C2-General Commercial District, subject to the conditions proffered by and set forth in the applicant's amended application for rezoning, and that Sheet No. 328 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25305. AN ORDINANCE authorizing Spanky's Macado's, Inc. to install a television cable across the alley between the Municipal Parking Garage and the Shenandoah Building, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that Spanky's Macado's, Inc. is authorized to install a television cable across the alley between the Municipal Parking Garage and the Shenandoah Building, downtown, Roanoke, Virginia, subject to the following conditions: (a) This authorization is revocable by the City. (b) Spanky's Macado's, Inc. shall obtain prior approval of the plan of installation from the City Engineer. (c) Spanky's Macado's, Inc. shall provide to the City a ~itten undertaking, in a form approved by the City Attorney, indemnifying and holding the City, its officers, agents and employees, harmless from any and all claims, legal actions and judgments advanced against the City and for expenses City may incur in this regard arising out of Spanky's Macado's, Inc.'s intentional acts and negligent acts or omissions with respect to the privilege granted by City to Spanky's Macado's, Inc. to install and maintain the television cable. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25309. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Public Safety ............................................... $11,112,848.51 Jail (1) ................................................. 1,216,264.06 Non-Departmental ............................................ 14,626,256.29 Contingency Reserve (2) .................................. 396,638.29 REVENUE Grants-in-Aid Commonwealth .................................. $29,269,036.35 City Jail (3) ............................................ 959,103.35 (1) Jail - Fees for Professional Services (A01331020010) (2) Contingency Reserve (A01941032006) (3) Other Categorical Aid - Jail (R01063007) $56,711.06 (2,721.71) 53,989.35 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 September, 1980. No. 25310. AN ORDINANCE amending Ordinance No. 24987, to authorize the City Manager to make certain changes in the agreement with Blue Cross/Blue Shield of Southwestern Virginia for the construction of a public plaza and pedestrian mall in the City's Downtown East Urban Area VA R-42, to execute the same as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 24987, adopted by Council on February 4, 1980, be, and is hereby amended, to provide that the City Manager and the City Clerk be authorized and directed to execute, and to seal and attest, respectively, a written agreement for and on behalf of the City with Blue Cross/Blue Shield of Southwestern Virginia in the amount of $485,234.00, such amount including the sum of $13,210.00 to reimburse Blue Cross/Blue Shield of Southwestern Virginia for the expense of complying with certain Federal equal employment opportunity provisions, such agreement to be otherwise as authorized by Ordinance No. 24987. 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 22nd day of September, 1980. No. 25311. AN ORDINANCE expressing continued support for the Clean Valley Committee, Inc.; authorizingl the Committee to coordinate a litter control program with Roanoke County, the City of Salem, and "[ the Town of Vinton; authorizing the Committee to apply for a grant on behalf of the City upon certain terms and conditions; and providing for an emergency. :i BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke endorses and supports a program to promote the enforcement of anti-litter statutes and ordinances and to enhance local litter control efforts for this City and expresses the intent to combine with the County of Roanoke, the City of Salem, and the Town of Vinton in a mutually agreed upon and coordinated program, contingent on approval of the Applica- tion by the Department of Conservation and Economic Development, Division of Litter Control, and contingent upon receipt of funds. 2. The City of Roanoke authorizes the Clean Valley Committee, Inc., to plan and budget for a cooperative anti-litter program, which shall represent said program for all localities named in this resolution; authorizes the Clean Valley Committee, Inc., to apply on behalf of all of the abovenamed localities for a grant, and to be responsible for the administration, implementation and completion of the program. 3. The City of Roanoke accepts responsibility jointly with the Clean Valley Committee, Inc., and the County of Roanoke, the City of Salem, and the Town of Vinton for all phases of the program, and further accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application. 4. Said funds, when received, will be transferred immediately to the Clean Valley Committee, Inc., to be used in said coordinated program to which the City of Roanoke gives its full support and endorsement. 5. The City of Roanoke hereby requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve the application and program, said program being in accord with regulations governing use and expenditure of said funds. 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 22nd day of September, 1980. No. 25312. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Program Agent: Title %I-D (10/80-9/81) (A357577) (1-8) ..................................... $251,403.72 Program Agent: Title VI (10/80-9/81) Historical Transportation (A357582) (9-20) ............ 89,901.00 Library Inventory (A357583) (21-32) ................... 17,681.00 Elderly Outreach (A357584) (33-41) .................... 42,523.00 Parent Aide (A357585) (42-52) ......................... 72,881.00 REVENUE Fifth District Consortium - Program Agent (R357005) (53) ...................................... 474,389.72 (1) Salaries & Wages (Adm.) (A35757710001) ........................ 9,283.32 (2) Salaries & Wages (PSE) (A35757710002) ........................ 194,981.53 (3) Fringe Benefits (Adm.) (A35757711017) ........................ 2,169.63 (4) Fringe Benefits (PSE) (A35757711029) ........................ 43,152.80 (5) Stationery & Office (A35757730005) ........................ 260.00 (6) Telephone (A35757731005) .................. 275.60 (7) Insurance (A35757735005) .................. 800.84 (8) Physicals (A35757730025) .................. 480.00 (9) Salaries & Wages (Adm.) (A35758210001) .......................... 2,856.42 (10) Salaries & Wages (Proj.) (A35758210002) .......................... 70,735.00 (ll) Fringe Benefits (Adm.) (A35758211017) .......................... 532.53 (12) Fringe Benefits (Proj.) (A35758211029) .......................... 14,092.36 (13) Stationery & Office (A35758230005) ........ 100.00 (14) Telephone (A35758231005) .................. 84.80 (15) Insurance (A35758235005) .................. 308.02 (16) Salaries & Wages (Services) (A35758210003) .......................... 714.11 (17) Fringe Benefits (Services) (A35758211031) .......................... 159.69 (18) Telephone (Services) (A35758231007) ....... 21.20 (19) Physicals (Services) (A35758230025) ....... 150.00 (20) Tuition & Training (A35758233005) ......... 146.87 (21) Salaries & Wages (Adm.) (A35758310001) .......................... 357.05 (22) Salaries & Wages (Proj.) (A35758310002) .......................... 13,882.62 (23) Fringe Benefits (Adm.) (A35758311017) .......................... 87.04 (24) Fringe Benefits (Proj.) (A35758311029) .......................... 2,772.91 (25) Stationery & Office (A35758330005) ........ 15.00 (26) Telephone (A35758331005) .................. 10.60 (27) Insurance (A35758335005) .................. 61.60 (28) Salaries & Wages (Services) (A35758310003) .......................... 357.05 (29) Fringe Benefits (Services) (A35758311029) .......................... 79.84 (30) Telephone (Services) (A35758331007) ....... 10.60 (31) Physicals (Services) (A35758330025) ....... 45.00 (32) Booklets (A35758330047) ................... 1.69 (33) Salaries & Wages (Adm.) (A35758410001) .... 1,428.21 (34) Salaries & Wages (Proj.) (A35758410002) .......................... 30,611.14 (35) Fringe Benefits (Adm.) (A35758411017) .......................... 333.79 (36) Fringe Benefits (Proj.) (A35758411029) .......................... 9,592.46 (37) Stationery & Office (A35758430005) ........ 40.00 (38) Telephone (A35758431005) .................. 42.40 (39) Insurance (A35758435005) .................. 144.49 (40) Physicals (A35758430025) ................... 105.00 (41) Tuition & Books (A35758433005) ............ 225.51 (42) Salaries & Wages (Adm.) (A35758510001) .......................... 2,499.36 (43) Salaries & Wages (Proj.) (A35758510002) .......................... 53,205.05 (44) Fringe Benefits (Adm.) (A35758511017) .......................... 461.46 (45) Fringe Benefits (?roi.) (A35758511029) .......................... 15,835.45 (46) Stationery & Office (A35758530005) ........ 75.00 (47) Telephone (A35758531005) .................. 74.20 (48) Insurance (A35758535005) .................. 231.01 (49) Salaries & Wages (Services) (A35758510003) .......................... 178.53 (50) Fringe Benefits (Services) (A35758511031) .......................... 39.91 (51) Telephone (A35758531007) .................. 5.30 (52) Physicals (A35758530025) .................. 150.00 (53) Tuition & Books (A35758533005) ............ 125.73 (54) F.D.E.T.C. - Program Agent (R35700502) ............................. 474,389.72 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 September, 1980. No. 25313. A RESOLUTION accepting certain proposed funding of the City's Comprehensive Employment and Training Act Program for the period of October 1, 1980, through September 30, 1981. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Council agrees to accept funding from the Fifth District Employment and Training Consortium (FDETC) for the City's Comprehensive Employment and Training Act (CETA) Program for the period October 1, 1980, through September 30, 1981, in the amount of $251,403.72 for Title II-D CETA programs and $222,986.00 for Title VI - Special Projects CETA programs. 2. The City Manager, or his designee, be and they are hereby authorized, on behalf of the C~ty, to execute any documents required to be executed by the FDETC as a condition to the City receiving the aforesaid funds or in conjuction with the administration of the programs funded thereby. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25314. Ar? OP~INAb]CE authorizing the City Manager to seek and execute an amendment to an FAA grant for ADAP Project No. 6-51-0045-08, to allow utilization of unexpended funds for another grant project involving aviation ramp improvements; 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 Assistant City Manager, Sam H. McGhee, III, is hereby authorized on behalf of the City to seek and, if approved, to execute the necessary documents for an amendment to an FAA grant for ADAP Project No. 6-51-0045-08, authorized by Ordinance No. 24344, adopted September 25, 1978, in order to request authority for the expenditure of approximately $85,000 excess funds for construction of Phase I of the Large Charter and Corporate General Aviation Ramp project for Roanoke Municipal Airport, Woodrum Field, authorized by Ordinance No. 25242, adopted July 28, 1980. 2. The City Clerk, Mary F. Parker, or the Deputy City Clerk, Judith M. St. Clair, is authorized on the City's behalf to attest any documents incidental to the above matter. 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25315. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Hanover Street Storm Drain Project; 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 for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Hanover Street Storm Drain Project in this City, the City wants and needs the 3 parcels, comprising a fee tract, and 2 storm drainage easements, temporary construction easements and rights of ingress and egress, listed in the report of the City Manager on this subject, dated September 22, 1980, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary real estate with appropriate ancillary rights with respect to the 3 parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $5,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respectiveli considerations to the owners of the znterest conveyed, certifmed by the Cmty Attorney to be entztled 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 for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordinance to each 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25316. 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, 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 Rede- velopment and Housing Authority, relating to a certain Demonstration Rehabilitation Program, to extend the time of performance of the said agreement for an additional period of time not to exceed four months, 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 force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25317. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Congress of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Congress of Cities to be held in Atlanta, Georgia, on December 3, 1980, 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 forward an attested copy of this Resolution to the National League of Cities and to complete and mail to the League any forms required by the League to set forth the designations included in this Resolution, all of which action shall be completed by October 13, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25318. A RESOLUTION in opposition to Section 238 of S. 2827 (Communication Act Amendments of 1980) restricting the role of local government in regulating cable television. WHEREAS, the U. S. Senate Subcommittee on Communications is considering a limited revision of the Communications Act of 1934, S. 2827 introduced on June 12, 1980. WHEREAS, Section 238 of S. 2827 would, among other things, prohibit political subdivisions of states from requiring cable television operators to provide program origination or services to local needs, from setting rates to be charged by the operators to programmers for use of cable channels, and from regulating rates charged by the operators to subscribers. WHEREAS, those provisions would unduly limit the role of local governments in rightfully franchising the use of rights-of-way for cables used for television in their political boundaries, in providing responsible local programming access to cable channels, and in protecting the interests of subscribers from exorbitant rates. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council opposes the above proposed legislation. 2. Senators Harry F. Byrd, Jr. and John Warner and Congressman M. Caldwell Butler are requested to become thoroughly familiar with Section 238 of S. 2827 and its implications for the local governments and citizens of Virginia and to take all appropriate steps to prevent enactment of Section 238 or any similar legislation containing such provisions. 3. The City Clerk shall forward copies of this resolution to the Washington, D. C. offices of the Senators and Congressman. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25319. AN ORDINANCE providing for the postponement of payment of special sewer assessments by elderly or permanently and totally disabled owners, with respect to the Fairland Lake and Glenavon Sanitary Sewer Project; providing for the mailing of a copy of this ordinance to the property owners affected thereby; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The obligations, on the part of certain elderly or permanently and totally disabled (as those terms are defined below) property owners, to pay special assessments in connection with the Fairland Lake and Glenavon Sanitary Sewer Project, established by Ordinance No. 24912, adopted November 12, 1979, are postponed until the earlier of the sale of the property affected by the assessment or the death of the last owner of such property eligible for such postponement, at which time the whole principal amount of the assessment shall become due and payable; provided, however, that with respect to a surviving co-owner, not eligible for postponement hereunder, living in a dwelling on the property affected by the assessment, the assessment may be collected in installments, as provided in Ordinance No. 24912. 2. Property owners meeting the following qualifications shall be eligible for such postponement: (a) The property affected by the assessment constitutes the sole dwelling of the owner, who is or becomes, within ten years from January 1, 1980, not less than sixty-five years of age or who is or becomes, within the latter period, determined to be permanently and totally disabled. A property jointly held by a husband and wife may qualify if either spouse is or becomes not less than sixty-five or is or becomes permanently and totally disabled, within the above period; and (b) The total combined income, during the immediately preceding calendar year, from all sources of the owners of the dwelling living therein and the owners' relatives living in the dwelling does not exceed $15,000.00; provided, that the first $4,000.00 of income of each relative, other than the spouse, of the owner or owners, who is living in the dwelling, shall not be included in such total; and (c) The net combined financial worth, including equitable interests, as of the thirty-first of December of the immediately preceding calendar year of the owner and of the spouse of any owner, excludin~ the value of the dwelling and the land not exceeding one acre upon which it is situated, does not exceed $55,000.00. 3. The following definitions shall apply: (a) "Sale" shall mean any transfer for valuable consideration of legal or equitable title to or beneficial use of real property. (b) "Permanently and totally disabled" shall have the same meaning assigned to these words in Section 32-87, Code of the City of Roanoke (1979), as amended. 4. Owners of property affected by the assessment may apply to the Commissioner of Revenue for a certificate of postponement. Such applications shall be in writing, under oath and upon such forms, designed to ascertain eligibility for postponement hereunder, supplied by the Commissioner of Revenue. Such owners who may be currently eligible for postponement shall file the application with the Commissioner of Revenue on or before December 1, 1980. Owners who may later become eligible for postponement, shall file the application within 60 days after the event upon which eligibility is claimed. The Commissioner of Revenue may permit late filing in hardship cases. The Commissioner of Revenue shall act upon the application within 21 days from the date of its filing. If granted, the postponement shall be effective immediately. Such application shall be filed annually or, instead, it may be filed on a three- year cycle with an annual certification by the owner that no information contained on the last application has been changed to render the owner ineligible for postponement. The Commissioner of Revenue may make such inquiries of persons seeking a postponement as may be necessary to determine eligibility. Such inquiries shall be answered under oath. The Commissioner of Revenue may also require the production of certified tax returns to establish income or financial worth of an applicant. 5. The making of any false oral or written statement with respect to an application or certification for postponement shall constitute a Class 2 misdemeanor. 6. As often as is necessary, the Commissioner of Revenue shall report in writing to the Treasurer the names of the owners eligible for postponement of the assessment pursuant to this ordinance. During the time the postponement is in effect, as to any such assessment, the Treasurer shall be relieved from the responsibility of collecting such assessment. Within a reasonable time after such events occur, the Commissioner of Revenue shall report in writing to the Treasurer the facts of the sale of any property with respect to which the payment of an assessment was postponed or the death of the last owner of the property eligible for such postponement, provided such facts appear on the public land records. Upon receipt of such report, the Treasurer shall take all necessary steps to collect the principal amount of the assessment, together with interest at the rate of 10% per annum, beginning, in the case of the sale of the property, 30 days after the effective date of such sale, and in the case of the death of the last eligible owner, 6 months after such death, unless a surviving co-owner qualifies for installment payments of the assessment under numbered paragraph 1. 7. Upon the owner's loss of eligibility for postponement of payment of the assessment, as of the date of the event upon which the loss is based the collection of the assessment shall be governed by Ordinance No. 24912. 8. This ordinance shall be effective for tax year 1980 and subsequent tax years. Upon written application of the property owner to the Commissioner of Revenue, the Director of Finance is authorized and directed to refund to the property owner, determined before December 31, 1980 by the Commissioner of Revenue to be eligible for such postponement, who made installment payments under Ordinance No. 24912 from January 1, 1980 through the effective date of this ordinance, the principal amounts of such payments, to be postponed and collected as provided herein. thereby. The City Clerk shall mail a copy of this ordinance to each property owner affected 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:~_,,X ~ ~. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25320. A RESOLUTION establishing the fee to be charged by the City for each additional collection of front-loading bulk container units, such fee to be effective October 6, 1980. BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke shall impose and charge the following fee for each collection of a bulk container unit in excess of one collection of each unit per week per location: Front-loading bulk container - $7.50. Such fee shall apply to collections made on and after October 6, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25321. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Cravens-Barnhart Creek Sanitary Sewer Project; 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 for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Cravens-Barnhart Creek Project in this City, the City wants and needs the 18 parcels, comprising a fee tract, and 17 sanitary sewer easements, temporary construction easements and rights of ingress and egress, listed in the report of the City Manager on this subject, dated September 15, 1980, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary real estate with appropriate ancillary rights with respect to the 18 parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $20,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized.and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to 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 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 May2r ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25322. AN ORDINANCE amending Ordinance No. 25273, adopted August 11, 1980, to reflect different funding percentages by the Federal Aviation Administration, Commonwealth of Virginia and the City and to authorize the City to pay up to 20% of the anticipated project cost with respect to a program to acquire real estate in the 40 Noise Exposure Forecast contour, off Runway 5-23 at the Roanoke Municipal Airport, Woodrum Field, in connection with a noise control program; and provid- ing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Numbered paragraph 1 of Ordinance No. 25273, adopted August 11, 1980, is amended to read and provide as follows: The City Manager, H. B. Ewert, or the Assistant City Manager, Sam H. McGhee, III, is hereby authorized, for and on behalf of the City, to prepare and submit grant applications to the United States Federal Aviation Administration (FAA) and to the Commonwealth of Virginia for funds to acquire at fair market value, real estate in the 40 Noise Exposure Forecast contour, off Runway 5-23 at Roanoke Municipal Airport, Woodrum Field, in connection with an airport noise control program; and to accept, execute and file, on behalf of the City, any contracts ancillary to or effecting this grant. It is anticipated that funding for this program will be derived as follows: $450,000 from FAA; $56,250 from the Commonwealth of Virginia; and $56,250 from City funds, with the FAA providing 80%, the Commonwealth of Virginia providing 10% and the City providing 10% of the program costs. However, the payment, from funds heretofore or simultaneously appropriated for this purpose, by the City of up to 20%, or $112,500, of the program cost, is hereby authorized. 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 22nd day of September, 1980. No. 25323. AN ORDINANCE authorizing the City Manager or the Assistant City Manager to execute a contract with Buckhurst, Fish, Hutton, Katz and Communications Collaborative, as a joint venture, for the conduct of a neighborhoods study in the City, 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 Buckhurst, Fish, Hutton, Katz of New York, New York, and Communications Collaborative, Washington, D.C., as a joint venture, to conduct a neighborhood study as a part of the City's 1980-81 Community Development Block Grant Program, at a cost not to exceed $111,000, such contract to have incorporated therein the City's plans and specifications made for such study, the terms of the proposal made to the City, the terms of reports made to the Council by the City Manager pertaining thereto, and 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 22nd day of September, 1980. No. 25324. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaine to read as follows, in part: APPROPRIATIONS Youth Services Grant 79-I-6 (A355104) (1-8) ................. $9,359.22 REVENUE Youth Services Grant 79-I-6 (R355104) (9) ................... 9,359.22 (1) Salaries & Wages (A35510410002) ........... $(9,698.32) (2) Fees for Professional Services (A35510420010)(446.40) (3) Stationery & Office (A35510430005) ........ ( 35.28) (4) Expendable Tools & Equipment (A35510430035) ( 100.00) (5) Photocopying Supplies (A35510430086) ...... ( 500.00) (6) Travel & Education (A35510433005) ......... ( 300.00) (7) Other Rental (A35510440010) ............... (1,050.00) (8) Refund Balance (A35510495301) ............. 7,989.30 (9) Grant Receipts (R35510421) ................ (4,138.00) 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 September, 1980. No. 25325. A RESOLUTION approving the request of F & B Developers to establish water and sewer lines through private property to certain real estate owned by F & B Developers on Stratford Drive, S. W., and authorizing the City to provide water and sewer service through such private property. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The request of F & B Developers (F&B) to establish water and sewer lines through private property to benefit real estate owned by F&B on Stratford Drive, S. W., Roanoke, Virginia, containing 4.36 acres, bearing Official Tax No. 5200108, and being further described in Roanoke City Map Book 1, page 268, is hereby granted, subject to the following provisions: (a) F&B shall prepare and record a deed of easement, on such form as is first approved by the City Attorney, establishing these easements from a public right-of-way and across private property to the above real estate. (~) The easements and the utility lines therein shall be owned and maintained by F&B or their successors in title to the above real estate. (c) F&B shall bear the cost of installing the utility lines within these easements. (d) These easements shall not be deemed dedicated to the City and , no action of the City shall be deemed acceptance thereof. ~ 2. This Council authorizes the City Manager to provide water and sewer service to the above real property in accordance with the provisions of this resolution. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of September, 1980. No. 25327. AN ORDINANCE authorizing agreements to be entered into with other political subdivisions in the Commonwealth relating to said other subdivisions' housing prisoners in the Roanoke City Jail; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Sheriff is hereby authorized to enter into written agreements with such other political subdivisions of the Commonwealth, as he deems appropriate, providing for incarcera- tion at the Roanoke City Jail, provided space therein is available, of prisoners brought from such other jurisdictions on proper and legal detention orders. Such agreements shall further provide, inter alia, that said jurisdictions shall pay to the City for each day each such prisoner is detained an amount equal to the local per diem cost of operating the jail as set forth in the joint report of the City Manager, City Sheriff and Director of Finance dated September 8, 1980, which amount is currently $14.50 per day per prisoner, commencing October 1, 1980, said amount to be adjusted in October of each and every year thereafter during the time such agreements remain in effect. Such agreements shall be terminable by either party upon ten (10) days written notice to the other and shall be in form acceptable to 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 22nd day of September, 1980. No. 25328. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education ............................................. $33,667,635.00 State and Federal Programs (1) ........................ 2,749,472.00 REVENUE Grants-in-Aid Commonwealth ............................ 30,305,963.00 State and Federal Programs (2) ......................... 2,749,472.00 (1) State and Federal Programs (A01611085201) .................. 1,090,673.00 (2) State and Federal Programs (R01062025) ..................... 1,090,673.00 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 6th day of October, 1980. No. 25326. AN ORDINANCE permitting the encroachment of a canopy to be erected on a building at 28 West Church Avenue, S. W., over the public sidewalk in front of such building, to a line not greater than two feet from the adjacent Church 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, Mitchell Clothing Co., its grantees, assigns or successors in interest, of the property at 28 West Church Avenue, S. W., within the City of Roanoke, to construct and maintain a certain canopy extending from the building on the property at 28 West Church Avenue, S. W., 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 Church Avenue, 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 owner's application to the City, dated August 22, 1980. 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 ordinance to Mitchell Clothing Co. 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 Mitchell Clothing Co., 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 , 1980. ATTEST: MITCHELL CLOTHING CO. By, By. ATTEST: City Clerk Title Title APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1980. No. 25329. AN ORDINANCE providing for the purchase by the City of private sewer lines and associated easements to serve residential property at 835 Wildwood Road, $. W.; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proper City officials are authorized to offer $676.00 and $200.00, from funds heretofore or simultaneously appropriated for this purpose, to Mr. and Mrs. Allen T. Nelms and to Mr. and Mrs. C. R. Montgomery, respectively, for the purchase of private sanitary lines and easements, extending approximately 552 feet north and west from Forest Road, S. W., Roanoke, Virginia, in order to provide sewer service to residential property at 835 Wildwood Road, S. W. The real property to be purchased is described in the report from the City Manager dated October 6, 1980, on file in the Office of the City Clerk. These officials are further authorized to take all necessary and reasonable steps to consummate these purchases and to accept, on behalf of the City, conveyances of these interests. 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 6th day of October, 1980. No. 25330. AN ORDINANCE providing for the amendment of a contract between Fralin and Waldron, Incorporated and the City in connection with the construction of a sanitary sewer line through Springtree Subdivision to allow for monthly reimbursement of construction costs to Fralin and Waldron, Incorporated; 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 amendment to the contract dated October 1, 1979 between Fralin and Waldron, Incorporated and the City in connection with the construction of a sanitary sewer line through Springtree Subdivision. This document shall be in such form as approved by the City Attorney and shall amend the above contract in the following respects: the last paragraph on page 1 of the contract shall be replaced by the following paragraph: The Party of the Second Part agrees to reimburse Party of the First Part for the construction cost, exception being the cost for temporary tie-in to the pumping station and plugging of the line to permit interim use of the pumping station by Party of the First Part, upon receipt of proper deed dedicating to the Party of the Second Part the above easement. Reimburse- ment shall be made monthly, upon presentation by Party of the First Part to Party of Second Part's City Engineer of a certified statement of quantities and costs and upon the City Engineer's written approval of this statement. No reimbursement shall be made for the 10% retainage until completion of the project and written approval of the project is made by Party of the Second Part's City Engineer. The provisions of this contract shall survive delivery and acceptance of the deed of easement. 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 6th day of October, 1980. No. 25331. A RESOLUTION authorizing the City Manager to apply for certain Federal and State grant funds for the rehabilitation of certain of the City's parks, and expressing the intent of Council to appropriate, if necessary, local matching funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager be, and he is hereby authorized to file a grant application and any related required documents with the Federal Department of the %nterior Heritage Conservation and Recreation Service (HCRS) and with the Commonwealth of Virginia Commission on Outdoor Recreation, for up to $253,725.00 in Federal funding and up to $44,775.00 in supplemental State funding for the rehabilitation of certain of the City's parks, as more particularly described in a report of the City Manager to Council dated October 6, 1980. 2. The City Council hereby expresses its intent to appropriate, in the event that the Commonwealth of Virginia does not provide the aforementioned supplemental funding, up to $89,550.00 from City funds as the required local matching funds for the park rehabilitation project, such a sum being available from City bond funds designated for general park improvements. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1980. No. 25332. 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 Shrine Club, Kazim Temple, shall be authorized use of Victory Stadium, with waiver of the standard rental fee on November 8, 1980. 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 6th day of October, 1980. No. 25333. AN ORDINANCE to amend and reordain certain sections of the 1980-81 General 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 1980-81 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Health and Welfare ....................................... $8,370,694.87 Title XX Services (1-5) ................................ 133,927.06 REVENUE Charges for Current Services ............................. 2,264,669.06 Title XX Receipts (6) .................................. 133,927.06 (1) Protective Services to Adults (A01532020060) --$ 3,406.87 (2) Day Care for Adults (A01532020063) 11,550.00 (3) Employmmnt (A01532020066) 24,705.93 (4) Services to Disabled Individuals (A01532020069) 2,575.05 (5) Family and Personal Counseling (A01532020070)-- 10,220.73 (6) Title XX Receipts (R01083530) 52,458.58 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 6th day of October, 1980. No. 25334. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Job Orientation and Motivation Program (JOMP) October 1, 1980 to September 30, 1981, Title II-B (A357167) (1-11) ........................................... $93,000.00 REVENUE Job Orientation and Motivation Program (JOMP) October 1, 1980 to September 30, 1981, Title II-B (R357001) (12) ............................................. 93,000.00 (1) Salaries and Wages (Adm.) (2) Fringe Benefits (Adm.) (3) Salaries and Wages (Services) (4) Fringe Benefits (Services) (5) Rent (Adm.) (6) Utilities (Adm.) (7) Stationery and Office (Adm.) (8) Rent (Services) (9) Stationery and Office (Services) (10) Utilities (Services) (11) Travel and Education (Services) (12) Fifth District Consortium-JOMP (A35716710001) (A35716710017) (A35716710002) (A35716711029) (A35716740010) (A35716731010) (A35716730005) (A35716740015) (A35716730004) (A35716731015) (A35716733005) (R35700102) $ 5,985.66 1,641.86 61,565.68 15,961.95 276.00 79.48 240.00 4,324.08 960.00 765.29 i,200.00 93,000.00 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 6th day of October, 1980. No. 25335. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City Public Schools (1) ......................... $34,241,536.00 (1) Contingency Reserve (A01611072006) ...... $592,074.00 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 6th day of October, 1980. No. 25336. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Non-Departmental: Personnel Lapse (1) ..................................... $ (642,500.00) REVENUE ESTIMATES: General Property Taxes: Real Estate Taxes (2) ................................... 17,246,497.00 Personal Property Taxes (3) ............................. 4,891,120.00 Other Local Taxes: Utility Consumer Tax (4 & 5) ..f ......................... 5,606,980.00 Cigarette Tax (6) ....................................... 275,000.00 Recordation and Probate Taxes (7 & 8) ................... 145,000.00 Business and Occupational License (9) ................... 5,350,000.00 Motor Vehicle License (10) .............................. 990,000.00 Permits, Fees, and Licenses: Animal Licenses (11) .................................... 24,500.00 Grants-in-Aid Commonwealth: Street Construction and Maintenance (12) ................ 2,874,497.00 Law Enforcement (13) .................................... 1,597,093.00 Charges for Current Services: Garbage Collection (14) ................................. 243,817.00 (1) Personnel Lapse (A01941010025) (2) 1981 Real Estate Taxes (R01013151) (3) 1981 Personal Property Taxes(R01014151) (4) Utility Tax - Electric Service(R01021005) (5) Utility Tax - Gas (6) Cigarette Meter Sales (7) Recordation Taxes (8) Probate Taxes (9) Current License (10) Motor Vehicle Licenses (11) Animal Licenses (12) Street Construction and Maintenance (13) Law Enforcement (14) Garbage Collection (R01021015) (R01021503) (R01023001) (R01023002) (R01023505) (R01025001) (R01031001) (R01063005) (R01063080) (R01082520) $(142,500.00) (497,303.00) 252,520.00 (123,433.00) (25,787.00) 19,900.00 35,000.00 2,0OO.O0 429,100.00 30,000.00 4,500.00 203,647.00 79,856.00 (552,500.00) 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 6th day of October, 1980. No. 25337. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Management Information Grant 79A4790 (A353502) (1-4) .... $81,958.00 REVENUE Police Management Information Grant 79A4790 (R353502) (5) ..... 81,958.00 (1) Salaries and Wages (2) Stationery and Office (3) Equipment Rental (4) Refund Balance (5) Grant Receipts (A35350210002) (A35350230005) (A35350240005) (A35350295301) (R35350221) $(10,472.31) ( 509.00) (51,420.90) 37,402.21 (25,OOO.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 6th day of October, 1980. No. 25338. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Airport 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 1980-81 Airport Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS ADAP Project No. 651004511 (1) ............................ $246,360.00 ADAP Project No. 651004508 (2) ............................ 54,084.66 REVENUE Due from State Government - ADAP Project No. 651004508 (3) ....................................... 2,429.55 Due from Federal Government - ADAP Project No. 651004508 (4) ....................................... 43,734.90 Due from State Government - ADAP Project No. 651004511 (5) ....................................... 12,318.00 Due from Federal Government - ADAP Project No. 651004511 (6) ....................................... 221,724.00 (1) ADAP Project No. 651004511 (A04511092201) ....... $ 96,360.00 (2) ADAP Project No. 651004508 (A04511091201) ....... (77,777.00) (3) Due from State Government - ADAP Project No. 651004508 (X04113103) ..................... (3,889.00) (4) Due from Federal Government - ADAP Project No. 651004508 (X04113203) ..................... (69,999.00) (5) Due from State Government - ADAP Project No. 651004511 (X04113108) ..................... 4,818.00 (6) Due from Federal Government - ADAP Project 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 October, 1980. No. 25339. AN ORDINANCE accepting a certain proposal and awarding a contract for construction of a charter and corporate aircraft ramp and overlay of a portion of a taxiway at Roanoke Municipal Airport, Woodrum Field, Airport Project No. ADAP 6-510045-11, upon certain terms ~nd conditions; 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. Conditioned upon the concurrence and approval of the Federal Aviation Administration and the State Corporation Commission and such Administration's and such Commission's agreement to participate with the City in payment of a portion of the allowable costs of the improvements hereinaf~ier described to the extent heretofore provided by the City s application for Federal Airport Project No. ADAP 6-51-0045-11, and by the Grant Agreement heretofore entered into between the City and such Administration, and subject to the hereinafter named contractor meeting the applicable criteria and requirements of the aforesaid Grant Agreement, the bid and proposal made by John A. Hall & Company, Inc., for construction of a charter and corporate aircraft ramp and overlay of a portion of a taxiway at Roanoke Municipal Airport, Woodrum Field, in full accordance with the City's plans and specifica'~io.~s, wi~h certain reduced or modified quantities, made for Airport Project No. 6-5i- 0045-11, and within the period of time mentioned in said specifications for the sum of $205,843.00, 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, upon receipt of concurrence of the Federal Aviation Administration and the State Corporation Commission in the acceptance of the aforesaid bid and approval of the contract to be entered into, be, and they are hereby authorized and directed for and on behalf of the City to execute, and seal 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 be and they are hereby REJECTED, the City Clerk to so notify such other bidders 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 ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 1980. No. 25340. AN ORDINANCE providing for the compensation to be paid by the City for the acquisition of a certain parcel of land needed by the City as the site for a publicly owned off-street parking facility; authorizing the City Manager to execute a contract for purchase of the same; repealing any inconsistent provisions of Ordinance No. 25274; and providing for an emergency. WHEREAS, the City has initiated condemnation proceedings to acquire Lots 133, 134 and 135, Ward 5, Roanoke Land and Improvement Map, bearing Official Tax Appraisal No. 4010806; WHEREAS, the sum of $235,000.00 represents a fair market value for the said property, according to an independent appraisal commissioned by the owners of this parcel of land; and WHEREAS, the owners of this parcel of land have, after negotiations with the City Attorney, offered the said land to the City for the sum of $220,000.00, which sum is $15,000.00 less than the owners' appraised value of the property, the owners being desirous of making a gift to the City of the difference; THEREFORE, 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 accept the said offer, including the aforementioned gift, to execute an option agreement or contract of purchase for the same, if necessary, and upon acceptance of such offer and upon delivery to the City of a good and sufficient deed of conveyance, approved as to form by the City Attorney, and upon certifi- cation of the title thereto, the Director of Finance be, and he is hereby authorized and directed to make payment of the consideration hereinabove set out, such payment to be made to such persons as are certified by the City Attorney to be entitled to the same. 2. To the extent that there may be any inconsistency between the provisions of this Ordinance and Ordinance No. 25274, adopted by Council on August 11, 1980, the inconsistent provisions of Ordinance No. 25274 are hereby REPEALED. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1980. No. 25343. A RESOLUTION establishing a timetable for construction of the proposed Cultural Center Parking Garage. WHEREAS, it has been proposed that the McGuire Building located on First Street, S. E., in the Market Area of Downtown Roanoke be renovated for use as a Cultural Center for Southwest Virginia; WHEREAS, funding raising for and renovation of the McGuire Building are necessarily linked to the construction by the City of a proposed Cultural Center Parking Garage to be located immediately west of the McGuire Building; WHEREAS, this Council is desirous of expressing its present intent that the City adhere to an approximate timetable for construction of the Cultural Center Parking Garage; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it is the present intent of this Council to direct the City Msnager to make all reasonable efforts to adhere to the following approximate timetable for construction of the Cultural Center Parking Garage: October 30, 1980 Completion of Phase I, involving assembling all available information, developing alternatives for providing a parking garage and field surveys and soil borings; November 15, 1980 City to give Notice to Proceed to Phase II, involv- ing development of schematic drawings and design development, to architects and engineers; ATTEST: December 15, 1980 - January 1, 1981 - April 1, 1981 - May 1, 1981 - May 1, 1983 - City Clerk Completion of Phase II; City to give Notice to Proceed on construction drawings; Anticipated bid date; Anticipated award of construction contract; and Estimated completion date of construction. APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1980. No. 25344. A RESOLUTION authorizing the City Manager to file an application with the Federal Economic Development Administration for a grant in the amount of $600,000.00 for the Roanoke Intermodal Transportation Terminal. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to file an application with the Federal Economic Development Administration for a grant in the amount of $600,000.00 to partially fund construction of the Roanoke Intermodal Trans- portation Terminal on Campbell Avenue, as more particularly described in a report of the City ~ianager to the Co~cil dated October 6, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1980. No. 25345. A RESOLUTION relating to a Roanoke Valley Industrial Fact Finding Commission, its membership and powers and duties. WHEREAS, economic development of the Roanoke Valley has been hampered by competition among Valley governments, lack of cooperation between such governments, differential tax rates and differential ability to provide utility service from one local government unit to another; WHEREAS, the economic development of the Roanoke Valley requires a coordinated and unified approach; WHEREAS, all Valley governments will benefit by the location within the Valley of new businesses and industry from without the Valley; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The concept of inaugurating a program of joint economic development in the Roanoke Valley to attract to the Valley businesses and industries not presently located in the Valley is generally concurred in. 2. It is agreed a Roanoke Valley Industrial Fact Finding Commission will be created and that such Commission shall consider the following matters and report at a joint meeting of this Council and the Roanoke County Board of Supervisors: acquisition, development and marketing of a joint industrial park or parks with site and financing to be considered at a later date by the two governing bodies; structure of an agency to accomplish the task of joint economic development including the powers and duties to be delegated to such agency; and such other matters of economic concern as may appear relevant to the Commission. 3. The membership of the Commission shall consist of five persons appointed by the Council of the City of Roanoke and five persons appointed by the Roanoke County Board of Supervisors. In addition, the City Manager and County Executive, an officer from the planning or economic development departments of each local government to be designated by their respective chief adminis- trative officer and a member of each Chamber of Commerce to be designated by the appropriate governing body shall be ex officio members of the Commission. 4. It is the sense of this Council that the matter of joint economic development and any report of such Commission should be considered at the next joint meeting of the two local governing bodies. 5. The City Clerk is directed to forward an attested copy of this resolution to the Clerk of the Roanoke County Board of Supervisors. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1980. No. 25346. 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. Frederick H. Phillips, a director of the Industrial Development Authority of the City of Roanoke, Virginia, expires on October 20, 1980; 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 Frederick H. Phillips is reappointed director 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, 1980, and expiring October 20, 1984, to fill vacancy created by expiration of the term of office of said member on the board occurring on October 20, 1980. APPROVED ATTEST: City Clerk Mayo r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1980. No. 25341. AN ORDINANCE permanently vacating, discontinuing and closing the three hereinafter- described alleys, all located in Block 7, Official Survey, N. W. 1, bounded by Wells Avenue, Gilmer Avenue, First Street and Jefferson Street, N. W., and being a part of the Gainsboro Redevelopment Project, in the City of Roanoke, Virginia, as is more particularly described herein- after. WHEREAS, the City of Roanoke Redevelopment and Housing Authority 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 alleys, which are more particularly described hereinafter; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority did, on July 24, 1980, 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 verlfied!i 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 September 3, 1980, reported to Council and recommended that the hereinafter described alleys be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on October 13, 1980, 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 alleys have been properly notified; and 'whm~EAS, from ali 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 alleys, as requested by the City of Roanoke Redevelopment and Housing Authority and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that those certain alleys situate in the City of Roanoke, Virginia, and more particularly described as follows: ALLEY NO. 1 BEING all of that certain alley shown on City Appraisal Map No. 201, extending in an easterly direction from First Street, N. W., through Block 7, Sheet N.W. 1, Official Survey, being bounded on the north (324.5 feet, more or less) by Lots 1 through 9, inclusive, Block 7, Sheet N.W. 1, Official Survey (also known as Lots 1 through 9, Bagby Map), and on the south (324.5 feet, more or less) by Lots 10, 13, 14 and 15, Block 7, Sheet N. W. 1, Official Survey, and being 10 feet wide, more or less. ALLEY NO. 2 BEING all of that certain alley shown on City Appraisal Map No. 201, extending in a westerly direction from North Jefferson Street through Block 7, Sheet N. W. i, Official Survey, said alley being bounded on the north (322 feet, more or less) by Lots 18, 18a, 18b, 19a, 20 and 21, Block 7, Sheet N. W. 1, Official Survey, and being 10 feet wide, more or less. ALLEY NO. 3 BEING all of that certain alley shown on City Appraisal Map No. 201, extending in a southerly direction from Gilmer Avenue, N. W., through Block 7, Sheet N.W. 1, Official Survey, said alley being bounded on the west (120 feet, more or less) by Lots 9 and 15, Block 7, Sheet N. W. 1, Official Survey and on the east (120 feet, more or less) by Lots 16 and 17, Block 7, Sheet N. W. 1, Official Survey, and being 15 feet wide, more or less. be, and they hereby are, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby 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 alleys, 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 alleys 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 alleys on all maps and plats on file in his office on which said alleys are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of the City of Roanoke Redevelopment and Housing Authority 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 27th day of October, 1980. No. 25342. AN ORDINANCE amending Sections 36-2, Personal services, 36-61(b) and 36-96.1, Code of the City of Roanoke (1979), as amended, to clarify the City's Zoning regulations pertaining to home occupations. BE IT ORDAINED by the Council of the City of Roanoke as follows: Sections 36-2, Personal services, 36-61(b) and 36-96.1, Code of the City of Roanoke (1979), as amended, be and said sections are amended to read and provide as follows: Section 36-2. Definitions. Personal services home occupations: Home occupations generally involving the training, personal development, or care of the person, or the care of his apparel, including barber and beauty shops, photo- graphic studios, garment repair and dressmaking shops and music and art studios. Section 36-61(b) (b) Home occupations, except those defined in this Chapter as personal service home occupations which are permitted only as a special exception, are permitted in residences in these districts if they meet the requirements above. There shall be no sign, notice, or other external evidence of the existence of such home occupation except in conjunction with approved personal service home occupations. Noncommercial greenhouses and plant nurseries, private garages, garden sheds and tool houses, private swimming pools, barbecue pits and the like are permitted as accessory structures and uses in these districts. Section 36-96.1. Permitted accessory uses and structures. In the RG-1 and RG-2 general residential districts, the permitted accessory uses and structures shall be the same as for RS districts. APPROVED ATTEST: City Clerk Mayor 3.1.0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1980. No. 25347. 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 9, 1980. 2. The applicant organization shall comply with all the terms and conditions of Resolutionl No. 24982, dated January 28, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1980. No. 25348. A RESOLUTION expressing the intent of Council to provide certain local matching funds if the City receives a grant for the Roanoke Intermodal Transportation Terminal from the Federal Economic Development Administration. BE IT RESOLVED by the Council of the City of Roanoke that Council hereby expresses its intent to provide a twenty per cent (20%) local match in funds should the City receive a grant for the Roanoke Intermodal Transportation Terminal from the Federal Economic Development Administration, which grant Council authorized the City Manager to apply for by Resolution No. 25344, dated October 13, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1980. No. 25349. A RESOLUTION urging the United States Congress to take immediate action to reauthorize the Federal general revenue sharing program. WHEREAS, the United States Congress recently recessed without taking final action on reauthorization of the general revenue sharing program, which officially has expired. WHEREAS, the City of Roanoke has benefited greatly from the general revenue sharing program since 1973, having received $19,610,844 through fiscal year 1980, which sum has been ex- pended mostly for police and fire services in the City. WHEREAS, the City has already budgeted the sum of $2,515,792 in projected general revenue sharing income for fiscal year 1981, which sum is to be expended for payroll costs for policemen and firemen. WHEREAS, the City is at present subject to severe fiscal stresses because of the effects of inflation and other factors, which are widening the gap between revenues and expenditures, and it would be extremely hard pressed to avoid a budget deficit if expected general revenue sharing funds are not forthcoming. THEREFORE,. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council urges the United States Congress to take immediate action to reauthorize the Federal general revenue sharing program as it now exists. 2. Council requests that the Commonwealth's Senators and the Representatives from its Sixth Congressional District commit themselves publicly to pass as soon as possible a general revenue sharing reauthorization bill, without any amendments that would weaken the program as it has existed. 3. 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, the Honorable M. Caldwell Butler, Member, House of Representatives, and to Jessie M. Rattley, President, National League of Cities. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1980. No. 25351. AN ORDINANCE to amend and reordain certain sections of the 1980-$1 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordaine to read as follows, in part: APPROPRIATIONS Community Development (A3566) (1-4) ..................... $11,979,194.27 REVENUE Community Development (R3566) (5-6) ..................... 11,979,194.27 (1) Parking Lot Income (A35667900402) ...... $28,549.26 (2) Other Program Income (A35667900406) ...... 28,926.07 (3) Unprogrammed CDBG Nonsettlement (A35667900408) .... 16,750.00 (4) Unprogrammed CDBG Rehabilitation Loans (A35667900407) ...... 4,045.96 (5) Parking Lot Income (R35666602) 28,549.26 (6) Other Program Income and Payment (R35666603) 49,722.03 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 3'!.2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1980. No. 25352. AN ORDINANCE to amend and reordain certain sections of the 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Courts Facility Construction (1,2,3) .................... $10,184,157.06 Old Court House Revitalization (4,5) .................... 193,892.16 (1) Appropriated from Bond Funds (A08110190201) ......................... $ 138,000.62 (2) Appropriated from General Fund Revenues (A08110190203) ................ 246,095.27 (3) Fund Balance - Unappropriated (X08937200) ........................... 1,200,000.00 (4) Appropriated from Bond Funds (A08110190101) ........................ (138,000.62) (5) Appropriated from General Fund Revenues (A08110190103) ............... (246,095.27) 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 27th day of October, 1980. No. 25353. AN ORDINANCE accepting the proposal of R. E. Lee and Son, Inc., for furnishing all labor, materials, equipment and services necessary for construction of the City's new Courthouse, upon certain terms and conditions; rejecting certain other bids made to the City; and providing for an emergency. WHEREAS, at a Special Meeting of Council on October 21, 1980, after due and proper advertisement had been made therefor, nine (9) sealed bids for furnishing all materials, labor, equipment and services required and called for to construct the City's new Courthouse were received, opened and read before Council; WHEREAS, all said bids were referred to a committee appointed by Council to tabulate and study such bids, and such committee has reported that the bid of R. E. Lee and Son, Inc., of Charlottesville, Virginia, represents the lowest and best bid made to the City for performance of all the required work, that the bid of R. E. Lee and Son, Inc., complies in all material respects with the requirements made of all bidders and that such bid should be accepted; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The written proposal of R. E. Lee and Son, Inc., of Charlottesville, Virginia, dated October 21, 1980, made to the City for furnishing all materials, labor, equipment and services of whatever nature required and called for in the construction of the City's new Courthouse, in full accordance with the plans, specifications and other documents prepared and approved therefor, on the site heretofore acquired for such facility, in accordance with said contract documents and within the time therein provided and for a base bid of $8,664,000.00 without the addition or deduction of any amount for alternate bid items, for a total contract bid price not to exceed $8,664,000.00, without further authorization of this Council, be, and said proposal is hereby ACCEPTED, and the separate bids made for Items 2 through 11 are hereby declined. 2. The City Manager or the Assistant 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, the requisite contract with R. E. Lee and Son, Inc., the same to incorporate the terms and provisions of this ordinance, including all of the City's plans and specifications made for said work, said contract to be upon such form as is approved by the City Attorney. 3. Prior to execution of the requisite contract, the Director of Finance shall certify in writing in accordance with the provisions of Paragraphs (h) and (i) of Section 25.1 of the Charter of the City of Roanoke that the money required for such contract is in the City treasury to the credit of the fund from which it is to be drawn. 4. The eight (8) other bids made to the City are hereby REJECTED, and the City Clerk is directed to notify said other bidders and to express to each 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 pas- sage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1980. No. 25354. A RESOLUTION rejecting all bids for certain fencing to be constructed at Roanoke Municipal Airport, Woodrum Field. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Ail bids received by the City for n~ perimeter fencing at Roanoke Municipal Airport, Woodrum Field, ADAP Project No. 6-51-0045-08, are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in scope of the project deemed advisable and to cause the project to be readvertised for bids. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of October, 1980. No. 25355. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Annexation Storm Drain and Sewer Project (A08220190200) (1) ...... $972,540.01 Southern Hills Storm Drain (A08220191200) (2) .................... 101,047.96 (1) Appropriated from General Revenues (A08220190203) ...$(53,797.96) (2) Appropriated from General Revenues (A08220191203) ... 53,797.96 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 October, 1980. No. 25356. AN ORDINANCE providing for the construction of the Southern Hills 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 Wiley N. Jackson Company for furnishing all necessary equipment, labor a~ materiais for construction of the Southern Hills 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 $298,855.20, cash, based upon unit prices, is hereby ACCEPTED. A five percent contingency for the project in the amount of $14,942.76 shall be established. These sums shall derive from funds heretofore or simultaneously appropriated for this ~ur~ose. 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 27th day of October, 1980. No. 25358. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education (1) ......................................... $32,637,086.00 REVENUE Grants-in-Aid Commonwealth (2) ........................ 29,275,414.00 (1) State and Federal Programs (A01611085201) ---$60,367.00 (2) State and Federal Programs (R01062025) 60,367.00 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 October, 1980. No. 25359. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City Schools (1-3) .......................... $33,850,130.00 REVENUE State and Federal Programs (4) ...................... 2,949,897.00 (1) State and Federal Programs (A01611085201) ---$211,975.00 (2) Instruction-Regular Day School (A01611065501) (3,500.00) (3) Pupil Transportation (A01611068511) (8,050.00) (4) State and Federal Programs (R01062025) 200,425.00 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 October, 1980. No. 25360. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Director of Finance (1) ......................................... $ 380,107.00 Billings and Collections (2) .................................... 372,207.00 Director of Utilities and Operations (3) ........................ 83,009.00 Commonwealth Attorney (4) ....................................... 229,454.00 Fire Suppression (5) ............................................ 4,104,469.00 Fire Training (6) ............................................... 19,170.00 Juvenile Detention Home (7) ..................................... 313,592.00 Juvenile Probation House (8) .................................... 130,140.00 Crisis Intervention (9) ......................................... 150,521.00 Signals and Alarms (10) ......................................... 318,386.00 Refuse Collection (11) .......................................... 1,948,085.75 Social Services - Administration (12) ........................... 274,611.00 Food Stamp Authorization (13) ................................... 248,548.00 Social Services - Income Maintenance (14) ....................... 2,252,014.00 Social Services - Services (15) ................................. 3,535,280.00 Nursing Home (16) ............................................... 623,508.00 Parks and Recreation (17) ....................................... 684,464.00 Libraries (18) .................................................. 703,076.00 Community Planning (19) ......................................... 146,367.00 City Information Systems (20) ................................... 749,166.00 Engineering (21) ................................................ 488,819.00 Public Works - General Services (22) ............................ 120,900.00 Materials Control (23) .......................................... 525,974.00 Communications (24) ............................................. 495,469.01 Street Maintenance (25) ......................................... 2,275,053.00 Utility Line Facilities (26) .................................... 1,348,627.00 Building Maintenance (27) ........................................ 1,561,049.00 Custodial Services (28) ......................................... 506,342.00 Grounds Maintenance (29) ........................................ 931,810.65 Motor Vehicle Maintenance (30) .................................. 935,180.00 Personnel Lapse Contingency (31,32) ............................. 335,025.00 (1) Salaries and Wages (A01123110002) ..... (2,350.00) (2) Salaries and Wages (A01123210002) ..... ( 950.00) (3) Salaries and Wages (A01125010002) ..... (5,600.00) (4) Salaries and Wages (A01221010002) ..... (6,025.00) (5) Salaries and Wages (A01321310002) ..... (1,500.00) (6) Salaries and Wages (A01321410002) ..... (3,625.00) (7) Salaries and Wages (A01332010002) ..... (2,075.00) (8) Salaries and Wages (A01335010002) ..... (3,625.00) (9) Salaries and Wages (A01336010002) ..... (3,000.00) (10) Salaries and Wages (A01416010002) ..... (2,800.00) (11) Salaries and Wages (A01421010002) ..... (2,175.00) (12) Salaries and Wages (A01531110002) ..... (2,125.00) (13) Salaries and Wages (A01531210002) ..... (6,650.00) (14) Salaries and Wages (A01531310002) ..... (8,950.00) (15) Salaries and Wages (A01531410002) ..... (9,925.00) (16) Salaries and Wages (A01534010002) ..... (2,025.00) (17) Salaries and Wages (A01711010002) ..... ( 375.00) (18) Salaries and Wages (A01731010002) ..... (1,300.00) (19) Salaries and Wages (A01811010002) ..... (4,200.00) (20) Salaries and Wages (A06160110002) ..... (8,150.00) (21) Salaries and Wages (A06160510002) ..... (6,500.00) (22) Salaries and Wages (A06161110002) ..... ( 75.00) (23) Salaries and Wages (A06161310002) ..... (8,875.00) (24) Salaries and Wages (A06161910002) ..... (6,075.00) (25) Salaries and Wages (A06262110002) ..... (8,025.00) (26) Salaries and Wages (A06262510002) ..... (24,450.00) (27) Salaries and Wages (A06263110002) ..... (1,775.00) (28) Salaries and Wages (A06263210002) ..... (9,075.00) (29) Salaries and Wages (A06263510002) ..... (8,700.00) (30) Salaries and Wages (A06264110002) ..... (14,000.00) (31) Salaries and Wages (A01941010025) ..... 69,275.00 (32) Salaries and Wages (A06360110025) ..... 95,700.00 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 October, 1980. No. 25361. A RESOLUTION directing that the City Attorney institute and conduct a suit or suits 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 or suits to collect delinquent real estate taxes and assessments by public or private judicial sale with respect to any of the following parcels of real estate that the City Attorney deems appropriate: Owner's Name Legal Description (1) Arthur H. Wood Flora H. Wood Letia Williams Lots 5 & 6, Block 8, Fairmount Official Nos. 3061005 & 3061006 1015 Mohawk Avenue, N. E. (2) Bobby Lee Worley Lots 8 & 9, Block 2, Section 2, Kenwood Official Nos. 3320308 & 3320309 No Address (3) Nannie Koonce Nancy Johnson Jones Charles Buford Motley, Executor Bertha Mae McGeorge Part Lots 1, 2 & 3, Block 8, Ingleside, Official No. 2121702 717 Eighth Street, N. W. (4) Cosmopolitan Company, Inc. West half of southern half of Lot 9, Section 2, Rogers, Fairfax & Houston Official No. 2011722 101 Gilmer Avenue, N. W. Part Lot 9, Section 2, Rogers, Fairfax & Houston, Official No. 2011723 404, 406, 408 First Street, N. W. (5) William R. Morris, Jr. Nellie G. Morris Lot 12, Block 3, Eureka Circle Official No. 2220402 1444 Staunton Avenue, N. W. (6) Grover L. Hundley Ira R. Hundley C. E. Hundley Ella Hundley Dana Lorraine H. Hamlett B. J. Hundley James H. Hundley Iris V. S. Hundley Charles Eugene Hundley James Herman Hundley Frances M. H. Webley. Lots 26, 27 & 28, Block 8, Riverdale Farm Official No. 4430821 1716 Edgerton Avenue, S. E. APPROVED ATTEST: City Clerk Mayor 31.8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1980. AN ORDINANCE providing for the lease of certain retail space in the Municipal Parking Garage to Macado's, Inc. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistan! City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest the requisite lease with Macado's, Inc., providing for the lease by the City to that firm of 3,028 square feet of retail space located at 117 West Church Avenue, in the Municipal Parking Garage. This lease shall be in such form as approved by the City Attorney and contain such reasonable and customary terms as may be required by the City Manager, in addition to the following: The term shall be for 1 year, with each party retaining the power to terminate the lease upon 60 days' written notice to the other. b. The rent shall be $250.00 per month. Exterior and interior improvements shall be made at Macado's, Inc.'s expense. Macado's, Inc. shall be responsible for paying all utilities with respect to its occupancy of this space. Macado's, Inc. will agree to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against City and for expenses City may incur in this regard, arising out of Macado's, Inc.'s intentional acts and negligent acts and omissions with respect to the rights or privileges granted by City to Macado's, Inc. by the lease. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1980. No. 25357. AN ORDINANCE authorizing and providing for the lease by the City of a portion of the former Campbell Avenue garage and warehouse property to J. R. Kelley Burial Vaults, Inc., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby authorized to enter into written lease agreement on behalf of the City with J. R. Kelley Burial Vaults, Inc., leasing to said corporation the westerly portion of the old City garage and warehouse property located on Campbell Avenue, S. E., which property consists of .595 acre, more or less, and which contains the West-End Shop and office of the old City garage building on a month-to-month basis, commencing November 1, 1980, at a monthly rental of $225.00 payable in advance to the City's Office of Billings and Collections for use as a storage and vault treatment facility, and upon certain other terms and conditions more particularly set forth in the report of the Water Resources Committee dated October 20, 1980, 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1980. No. 25364. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Health and Welfare .......................................... $ 8,470,142.73 Fuel Assistance (1-8) ....................................... 92,200.00 Contingency Reserve (9) ..................................... 360,591.29 REVENUE Grants-in-Aid Commonwealth .................................. 30,760,436.35 Fuel Assistance (10) ........................................ 74,760.00 (1) Extra Help (A01531510005) (2) Fringe Benefits - FICA (A01911011010) (3) Stationery and Office (A01531530005) (4) Telephone (A01531531005) (5) Equipment Rental (A01531540005) (6) Other Rental (A01531540010) (7) Management Services (A01531560017) (8) Fuel Assistance (A01531551801) (9) Contingency Reserve (A01941032006) (10) Fuel Assistance (R01061525) $ 67,142.00 4,290.00 2,000.00 720.00 2,998.00 6,750.00 3,300.00 5,000.00 (17,440.00) 74,760.00 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 November, 1980. No. 25365. AN ORDINANCE providing for the purchase of one (1) window van upon certain terms and conditions; accepting a certain bid made to the City for furnishing and delivering such vehicle; rejecting certain other bids, including all bids for a compact automobile; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid in writing of Magic City Motor Corporation made to the City and opened on October 10, 1980, to furnish to the City one (1) new 8-passenger window van, more particularly described in the City's specifications and in said bidder's proposal, be and is hereby ACCEPTED at the purchase price of $10,757.76. 2. The City's Manager of Purchasing and Materials Control is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of the successful bidder's proposal and the terms and provisions of this ordinance. 3. Upon delivery to the City of the aforesaid vehicle and upon the City's acceptance of the same, the Director of Finance shall be authorized and directed to make requisite payment to the successful bidder for the purchase price, not to exceed the sum hereinabove set out, such funds having been heretofore appropriated for this purpose. 4. All bids received by the City for one (1) new compact class automobile are hereby REJECTED. 5. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 6. The City Manager is authorized to make any changes in such specifications for the compact class automobile as he deems advisable and to cause such vehicle to be readvertised for bids. 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 3rd day of November, 1980. No. 25366. AN ORDINANCE authorizing the purchase by the City of air rights over certain real estate located in the vicinity of Roanoke Municipal Airport, Woodrum Field, from Mr. and Mrs. Jerry H. Garst; authorizing the City Manager to execute and deliver an agreement effecting this purchase; authorizing the consummation of the transaction; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite agreement with Mr. and Mrs. Jerry H. Garst for the City's purchase for $17,300.00 of air rights over certain real estate lying in the City of Roanoke, Virginia, on the west side of Thirlane Road, N. W., and identified by Official Tax No. 6510101. The contract shall authorize the payment of $1850 in costs and fees incurred by the grantors and shall contain the terms and conditions set out in the City Attorney's report dated November 3, 1980 on this subject and such other reasonable terms and conditions deemed appropriate by the City Manager, and be in such form as is approved by the City Attorney. The appropriate City officials are authorized and directed to take all necessary and proper actions to consummate the transaction contemplated by the agreement, upon the terms and conditions set forth therein. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 1980. No. 25370. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Roanoke City Public Schools $34,241,779.00 Contingencies (1) ..................................... 40,000.00 Capital Outlay (2) .................................... 595,074.00 (1) Contingencies (A01611072006) ..... $(592,074.00) (2) Capital Outlay (A01611090001) 592,074.00 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 3rd day of November, 1980. No. 25371. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Schools: Public Improvement Bonds 1980A (1) .................... $ 700,000.00 Capital Improvement Reserve: Public Improvement Bonds 1980A (2) .................... 3,670,500.00 (1) Appropriated - From Bond Funds (A08160190301) $ 700,000.00 (2) Schools (A08310172604) (700,000.00) BE IT FURTHER O~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 10th day of November, 1980. No. 25362. AN ORDINANCE amending and reordaining subsection (g) of Section 34-130, Rate schedule, of the Code of the City of Roanoke (1979), as amended, establishing a schedule of rates to be charged and collected for the transportation of passengers by taxicabs and for-hire automobiles within the City of Roanoke. BE IT ORDAINED by the Council of the City of Roanoke that subsection (g) of Section 34-130, Rate Schedule, of the Code of the City of Roanoke (1979), as amended, shall be amended and reordaine~ as follows: Section 34-130. Rate Schedule. (g) The rates for services rendered by taxicabs and for-hire automobiles shall be as follows: (1) Distance rates: a. For the first one-fifth mile or fraction thereof, ninety cents ($0.90.). b. For each additional one-fifth mile or fraction 322 (2) Time rates: For each one minute of waiting time, twenty cents ($.20). While a charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. (3) Extra passengers: For each additional passenger, twenty cents ($0.20). APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25363. AN ORDINANCE permitting the installation and encroachment of holiday decorations on certain traffic signal standards in the downtown area of the City, upon certain tetras and conditions. Ii BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted Downtown Roanoke, Inc., its grantees, assigns or successors in interest, to install, maintain and operate lighted holiday decorations on those traffic signal standards owned by the City in the downtown area of the City that are enumerated in a report of the City Manager to Council dated November 3, 1980, and on such other traffic signal standards in the downtown area as may be approved by the City Manager, and permission is given for the said decorations to encroach over adjacent public rights of way. 2. After a period of three (3) years from the date of this ordinance, the Council reserves the right to cause the aforesaid encroachments to be discontinued at any time for good cause and at the expense of Downtown Roanoke, Inc. At any time, if the City determines that any of the permitted encroachments cause a conflict or are in conflict with a traffic control device, the encroaching equipment shall be removed or relocated immediately by and at the expense of Downtown Roanoke, Inc., after notice from the City. 3. Downtown Roanoke, Inc., 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. Downtown Roanoke, Inc., agrees that it 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, and for any damage caused to City property arising out of the encroachments permitted hereby, or the installation or removal of the encroaching equipment. 5. Ail decorations and equipment shall be installed and maintained by Downtown Roanoke, Inc., in accordance with all applicable Code provisions, and in a manner and condition acceptable to the City. 6. Ail fixtures and equipment permanently attached to City-owned traffic signal standards shall become the property of the City when and if not used for a period of two years. 7. Holiday decorations, other than necessary permanent fixtures and equipment necessary for the operation of said decorations, shall not be installed prior to November 15 of each year, and shall be removed not later than January 15 of the following year, unless the City Manager approves, for good cause shown, other such dates at the request of Downtown Roanoke, Inc. 8. Downtown Roanoke, Inc., shall bear the expense of installing and operating the aforesaid decorations. 9. The City Clerk shall transmit an attested copy of this ordinance to Downtown Roanoke, Inc. 10. This ordinance shall be in full force and effect at such time as a copy, duly signed and attested by the duly authorized officers of Downtown Roanoke, Inc., has been filed with the City Clerk, and Downtown Roanoke, Inc., has obtained any required permits from the Building Commis- sioner. ACCEPTED and EXECUTED by the undersigned this day of , 1980. ATTEST: DOWNTOWN ROANOKE, INC. Title By Title ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25367. AN ORDINANCE authorizing the execution and implementation of a contract with Builders Investment Group providing for the conveyance of certain properties to the City in exchange for the improvement of certain property of the City located on Countryside Road, N. W. and at the intersection of Ferncliff Avenue, N. W. and Highland Farm Road, N. W., and dedicating property for school purposes. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The appropriate City officials are authorized to enter into an agreement and thereafter to take all necessary and reasonable steps in compliance with such agreement with Builders Invest- ment Group, a real estate investment trust with principal offices in Valley Forge, Pennsylvania, providing as follows: Builders Investment Group shall convey to the City with General Warranty deed and modern English covenants property formerly known as Lots 7 and 8, Block 22, Map of Arrow Wood, bearing Official Tax Nos. 6472207 and 6472208. The City shall perform curb line, drainage facility, grading and paving improvements at the northeasterly terminus of Countryside Road, N. W. (formerly known as Arrow Wood Road, N. W.), and at the intersection of Ferncliff Avenue, N. W. (formerly Arrow Wood Road, N. W.) and Highland Farm Road, N. W. Ail costs of the transfer of properties from Builders Investment Group to the City of Roanoke shall be borne by Builders Investment Group. 2. Upon acquisition by the City, the property formerly known as Lots 7 and 8, Block 22, Map of Arrow Wood, bearing Official Nos. 6472207 and 6472208, shall be dedicated for public school purposes. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25368. AN ORDINANCE providing for the City's release of all right, title and interest in and to certain real estate owned by Burrell Memorial Hospital Association upon conveyance of such real estate to Roanoke Hospital Association. BE IT ORDAINED by the Council of the City of Roanoke that upon consummation of the sale of assets by Burrell Memorial Hospital Association to Roanoke Hospital Association, said sale being subject to the approval of the United States Bankruptcy Court for the Western District of Virginia, the Mayor and City Clerk are authorized and directed, for and on behalf of the City, to execute and attest, respectively, a deed conveying to Roanoke Hospital Association all of the City's right, title and interest in and to that certain real estate conveyed to Burrell Memorial Hospital Association by deed dated July 30, 1919, which is of record in the Clerk's Office of the Circuit Court of the City of Roanoke, in Deed Book 326, page 77, excepting from said conveyance that parcel of land conveyed to the City of Roanoke by Burrell Memorial Hospital Association by deed dated February 25, 1948, which deed is of record in said Clerk's Office in Deed Book 765, page 106. Such deed shall be approved as to form by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25369. AN ORDINANCE amending and reordaining Section 20-28, Tax imposed, Section 20-29, Proration of tax, Section 20-32, Plate~ tag or decal - Issuance; contents and color of decals, Section 20-33, Same - Display, and Section 20-34, Same - Transfer, of the Code of the City of Roanoke (1979), as amended, to conform the City's vehicle license tax rates to those of the State, to expand provisions for proration of such taxes and transfer of such licenses and to provide for display of motorcycle decals; repealing Section 20-30, Tax not to exceed amount imposed by state, Code of the City of Roanoke (1979), as amended; and providing an effective date for this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-28, Tax imposed, Section 20-29, Proration of tax, Section 20-32, Plate, tag or decal - Issuance; contents and color of decals, as amended by Ordinance No. 25124, adopted June 9, 1980, Section 20-33, Same - Display, and Section 20-34, Same - Transfer, of the Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: Section 20-28. Tax imposed. (a) An annual license tax is hereby imposed on all motor vehicles, trailers and semi-trailers operating within the city. The taxes upon respective types of vehicles shall be in the same amounts as the annual registration fees for the same kinds of vehicles imposed by Sections 46.1-149(a) (excluding subsections (al) and (a2)), 46.1-154(a), 46.1-155 and 46.1-157(a) and (b), Code of Virginia (1950), as amended, as those sections may be from time to time amended, where those sections cover subjects proper for taxation by this city. Classification of motor vehicles, trailers and semi-trailers for license taxation and computation of these taxes shall be accomplished according to the terms and conditions set forth in the above state statutes, where such terms and conditions properly affect and govern such taxation by this city. (b) The manufacturer's shipping weight or scale weight shall be used for com- puting license taxes required by this section to be based upon the weight of the vehicle. (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. Section 20-29. Proration of tax. License taxes may be prorated only in the following manner: one-half of the tax shall be collected when the license is issued during the period beginning on the first day of December in any year and ending on the first day of March in the same license year, and one-third of such tax shall be collected whenever such license is issued after the first day of March in the same license year. Section 20-32. Plate, tag or decal - Issuance; contents and color of decals. (a) A license number plate, tag or decal for each motor vehicle, trailer or semi-trailer shall be furnished by the commissioner of revenue at the time the license tax as set out in the preceding sections is paid. No motor vehicle, trailer or semi-trailer shall be locally licensed unless and until the appli- cant for such license shall have produced satisfactory evidence that all personal property taxes upon the motor vehicle, trailer, semi-trailer to be licensed have been paid and satisfactory evidence that any delinquent motor vehicle, trailer or semi-trailer personal property taxes owing have been paid which have been properly assessed or are assessable against the applicant by this city. (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 3 inches square; the background shall be light blue; in the upper righthand corner shall be the words in dark blue: "City of Roanoke, Va."; below those words, to the left, shall be depicted a five-pointed dark blue and white star; below the star to the right shall be the figures of the year of issuance; below the latter figures and the star shall be a depiction in dark blue of a ridge of four mountains, with the tallest mountain to the left under the star; below the mountains shall be a white rectangle; in the rectangle shall be printed in dark blue figures the serial number of each license; below the rectangle shall be written in dark blue words and figures the date of expiration. The colors of the decal may be alternated from year to year for ease of identifi- cation. Section 20-33. Same - Display. The license plate, tag or decal issued under this article shall be securely attached to the vehicle for which it was issued. License plates assigned to a motor vehicle shall be attached to the front of such vehicle; license plates assigned to a trailer or semitrailer shall be attached to the rear of such vehicle. In each case, the license plate shall be attached in some conspicuous place thereon so that it may be plainly visible and clearly legible. Every license of the decal type shall be displayed on the inside of and not more than three (3) inches from the bottom of the windshield of the vehicle for which it has been issued, adjacent to and, when possible, to the right of the state inspection sticker; except that motorcycle decals shall be displayed from the left front position of the motorcycle at the left front fork or left front position of the fuel tank. Section 20-34. Same - Transfer. Any owner who sells or otherwise transfers a vehicle licensed under the pro- visions of this article may have the license plate, tag or decal and the registration number thereon assigned, reassigned to another vehicle requiring the same type of plate, tag or decal, owned by the original licensee, or, at his option, to the vehicle sold or transferred. The commissioner of revenue may allow such reassignment upon application to him showing the name and address of the applicant and a description of the vehicle to which the license is to be transferred. The application shall be accompanied by a transfer fee of one dollar ($1.00), together with any additional license tax due under this article with respect to the vehicle to be licensed. No refund shall be allowed in the case where the former tax paid exceeds the tax to be paid with respect to the vehicle to which the license plate, tag or decal was trans- ferred. Where such transfer requires the issuance of a different registration number with respect to a license plate, tag or decal, such device previously issued must first be surrendered. 2. Section 20-30, Tax not to exceed amount imposed by state, Code of the City of Roanoke (1979), as amended, is REPEALED. 3. This ordinance shall be in full force and effect on and after April 15, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25372. A RESOLUTION approving a conservation plan for the Belmont neighborhood of the City. WHEREAS, the Belmont neighborhood of the City contains many deteriorating structures worthy of conservation. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has transmitted to the Council a certain proposed conservation plan for the Belmont neighborhood of the City dated October, 1980, which sets forth a program for addressing the problem of the deterioration of this neighbor- hood. WHEREAS, public hearings on the proposed conservation plan were held in the Belmont neighborhood on October 13, 1980, and before the Council on November 10, 1980. WHEREAS, the City Planning Commission has endorsed the Belmont neighborhood conservation plan, and found it to be in conformance with the City's comprehensive plan. WHEREAS, the Belmont neighborhood conservation plan was approved by the Commissioners of the City of Roanoke Redevelopment and Housing Authority at their meeting of October 15, 1980. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the conservation plan forwarded to the Council by the City of Roanoke Redevelopment and Housing Authority for the Belmont neighborhood of the City, having been duly received and considered, is hereby approved, and the City Clerk is directed to file a copy of this conservation plan in the records of the City Clerk's Office. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25373. A RESOLUTION approving a conservation plan for the Harrison Avenue neighborhood of the City. WHEREAS, the Harrison Avenue neighborhood of the City contains many deteriorating structure worthy of conservation. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has transmitted to the Council a certain proposed conservation plan for the Harrison Avenue neighborhood of the City dated October, 1980, which sets forth a program for addressing the problem of the deterioration of this neighborhood. WHEREAS, public hearings on the proposed conservation plan were held in the Harrison Avenue neighborhood on October 14, 1980, and before the Council on November 10, 1980. WHEREAS, the City Planning Commission has endorsed the Harrison Avenue neighborhood conservation plan, and found it to be in conformance with the City's comprehensive plan. WHEREAS, the Harrison Avenue neighborhood conservation plan was approved by the CommissionE of the City of Roanoke Redevelopment and Housing Authority at their meeting of October 15, 1980. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the conservation plan forwarded to the Council by the City of Roanoke Redevelopment and Housing Authority for the Harrison Avenue neighborhood of the City, having been duly received and considered, is hereby approved, and the City Clerk is directed to file a copy of this conservation plan in the records of the City Clerk's Office. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25374. A RESOLUTION concurring in and approving a certain Urban Homesteading Program to be administered by the Roanoke Redevelopment and Housing Authority. BE IT RESOLVED by the Council of the City of Roanoke that the Urban Homesteading Program, dated October 27, 1980, prepared by and submitted by the Roanoke Redevelopment and Housing Authority (RRHA) to the Council be and it is hereby approved and concurred in by the Council, subject to the terms and conditions set out in a report of the City Manager to Council dated November 10, 1980, and provided that such Program be administered in conformity with the contract for Services under the Community Development Block Grant Program, Grant No. B-80-MC-51-0020, by and between the City and the RRHA, dated August 20, 1980. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25375. A RESOLUTION concurring in a certain uniform rehabilitation loan program to be implemented by the Roanoke Redevelopment and Housing Authority. BE IT RESOLVED by the Council of the City of Roanoke that the Council concurs in the uniform rehabilitation loan program set out in a document dated October 27, 1980, entitled "Rehabili- tation Program" prepared by, approved by, and to be implemented by the Roanoke Redevelopment and Housing Authority. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25376. AN ORDINANCE approving a City-wide Spot Rehabilitation/Emergency Repair Program Ato be administered by the Roanoke Redevelopment and Housing Authority (RRHA) and providing for an amend- ment to the City's Contract for Services with the RRHA for the administration of this Program; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Spot Rehabilitation/Emergency Repair Program dated October, 1980, prepared by and forwarded to the Council by the Roanoke Redevelopment and Housing Authority (RRHA), for which funds have been appropriated previously, be and it is hereby approved. 2. The City Manager be, and he is hereby authorized to enter into a written amendment to the Contract for Services under the Community Development Block Grant Program, Grant No. B-80-MC- 51-0020, by and between the City and the RRHA, dated August 20, 1980, in order to provide for the administration by the RRHA of the aforementioned Spot Rehabilitation/Emergency Repair Program, as more particularly described in a report to the Council from the City Manager dated November 10, 1980. 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 10th day of November, 1980. No. 25377. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordaine~ to read as follows, in part: APPROPRIATIONS Other Public Buildings ..................................... $8,754,150.00 Farmers Stalls Improvements (1) .......................... 20,300.00 Streets and Bridges ........................................ 3,277,225.37 First Street S. E. Improvements (2) ...................... 5,700.00 Capital Improvement Reserve (3 & 4) ........................ 7,733,870.23 (1) Appropriated from Bond Funds (A08180191201) .................................. $ 20,300.00 (2) Appropriated from General Revenues (A08210191903) .................................. 5,700.00 (3) Public Improvement Bonds Series 1980A Public Buildings (A08310172602) ................. (20,300.00) (4) Capital Improvement Reserve - Completed Projects Excess Appropriations (A08310172502) .................................. (5,700.00) 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 November, 1980. No. 25378. AN ORDINANCE authorizing the employment of the professional services of certain architects to provide design, cost estimates, drawings and specifications, and bidding documents and other related services, in connection with improvements to the farmers' stalls in the market area and to First Street, S. E., 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 Gregory and Associates, Architects, of Roanoke, be, and is hereby employed as architects to perform necessary design, cost estimates and to prepare all necessary plans, drawings and specifications, bidding documents and related services as set forth in the City's prospectus dated October 20, 1980, in connection with improvements to the farmers' stalls in the market area and to First Street, S. E., said firm to be paid for basic services performed a sum not to exceed $20,000 and for additional services and any reimbursable expenses as may be requested by the City Manager a sum not to exceed $6,000 without additional authorization of the Council. 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, to be in 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25379. A RESOLUTION appointing an Acting City Assessor, providing for the duties and responsibili- ties of such person and providing for the effective date and duration of such appointment. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Effective retroactive to November 4, 1980, James L. C. McKenzie is hereby appointed Acting City Assessor. 2. The Acting City Assessor shall be charged with responsibility for the general management and control of the Office of City Assessor and its personnel. 3. Ordinance No. 24842, adopted September 10, 1979, providing for the temporary assign- ment of the Office of Assessor to the Directorate of Finance is hereby continued in full force and validity. 4. This resolution shall continue in full force and effect until repealed or otherwise amended by action of this Council. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of November, 1980. No. 25380. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Sanitation Projects $3,997,194.04 Cravens Barnhart Sewage System (1) ................... 48,780.40 Annexation Storm Drain and Sewer Projects (2) ........ 1,006,337.97 (1) Appropriated from General Revenues (A08220191303) (2) Appropriated from General Revenues (A08220190203) $ 20,000.00 (20,000.00) 330 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 November, 1980. No. 25381. A RESOLUTION approving a certain amendment, being Amendment No. 2, to the Downtown East Redevelopment Plan for Project No. VA. R-42. WHEREAS, the Council of the City of Roanoke, Virginia, by Resolution No. 18045, adopted on March ll, 1968, approved a redevelopment plan for the Downtown East Redevelopment Project, which plan was subsequently amended by Amendment No. 1, approved by Council on August 20, 1973, by Resolution No. 21092; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority has recommended to the City that certain amendments be made to the aforesaid redevelopment plan, and its Board of Commission. ers has approved a revised plan entitled "Redevelopment Plan, Downtown East Redevelopment Project, Project VA. R-42, Revised June, 1980", and forwarded it to the Council for approval; and WHEREAS, the City's Planning Commission considered the proposed amendments to the Downtown East Redevelopment Plan at its meeting on March 5, 1980, and has recommended to Council that it approve the plan as revised by certain amendments set out generally in a report of the Planning Commission to Council dated March 24, 1980. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The amended plan entitled "Redevelopment Plan, Downtown East Redevelopment Project, Project VA. R-42,-Revised June, 1980", which incorporates certain amendments, being Amendment No. 2, having been duly considered, is hereby APPROVED. 2. The City Clerk be and is hereby directed to file a copy of the aforesaid redevelopment plan with the permanent records of the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1980. No. 25382. AN ORDINANCE authorizing and providing for the lease by the City of certain office space in the Crystal Tower Building, 145 Campbell Avenue, S. W., in the City of Roanoke, from the owner of said property, to be used as office accommodations for the City's Job Orientation and Motivation Program (JOMP), 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 negotiate the terms of and enter into a written lease agreement on behalf of the City with Crystal Tower Associates for 900 square feet of office space in the Crystal Tower Building, 145 Campbell Avenue, S. W., in the City of Roanoke, for use as office space by the City's Job Orientation and Motivation Program (JOMP) for a one-year term beginning on October 1, 1980, at an annual rental rate of $4,000.08, payable in equal monthly installments; 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1980. No. 25383. 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 provi-ding 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 on the east side of the main level of 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 December 1, 1980, through May 31, 1981, at a monthly rental of $1,125.00; 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1980. No. 25384. AN ORDINANCE authorizing employment of the professional services of certain engineering firms to provide all necessary engineering and design services in connection with the extension of Runway 23 at Roanoke Municipal Airport, Woodrum Field, and with the relocation of Virginia Route 118, 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 execute, for and on behalf of the City, and the City Clerk is authorized to attest the requisite contracts with the firms listed below, upon form approved by the City Attorney, subject to the respective cost ceilings so listed, which shall not be exceeded without Council approval, in connection with Phase I - Preliminary Phase, and Phase II - Design, of the project to extend Runway 23 at Roanoke Municipal Airport, Woodrum Field, and to relocate Virginia Route 118: PHASE I - Preliminary Phase Prime Consultant Delta Associates, Inc. $ 59,500 Sub-Consultants Soil and Material Engineers, Inc. --Project Site Subsurface Investigation $26,411 332 --Preliminary Analysis of Potential Sites (4) --Detail Analysis of Selected Borrow Site (1) --Existing Pavement Evaluation, RW 5/23 7,000 30,405 4~290 Subtotal $68,106 Nai C. Yang and Associates, Engineers Potomac Aerial Surveys Company Buford T. Lumsden and Associates, P.C. TOTAL PHASE I PHASE II - Design Delta Associates, Inc. TOTAL PHASE I & PHASE II $ 68,106 $ 11,400 $ 12,000 $ 5,000 $156,006 $ 79,500 $235,506. 2. The cost of these services shall be paid for from funds formerly appropriated for this purpose. 3. The sub-consultant contracts shall be entered into with approval of Delta Associates, Inc., which shall administer these contracts for the City. 4. The contract with Delta Associates, Inc. for Phase II - Design shall be subject to the delivery to that firm of the City Engineer's notice to proceed. 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 24th day of November, 1980. No. 25385. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1, to the City's contract with J. M. Murphy Company, Inc., dated September 8, 1980, for installation of new wiring, conduit, fixture bases and steel housing in connection with taxiway lighting at Roanoke Municipal Airport, Woodrum Field, authorized by Ordinance No. 25308, 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 issue, for and on behalf of the City, Change Order No. 1 to the City's contract with J. M. Murphy Company, Inc., dated September 8, 1980, in order to provide for certain additional work to be performed as more particularly set forth in the report of the City Manager dated November 24, 1980, which additional work shall be accomplished for the sum of $14,149.00. This Change Order shall be upon form approved by the City Attorney. 2. The work to be performed under Change Order No. 1 will involve no extension of original contract time and will be paid for from funds heretofore appropriated 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 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 November, 1980. No. 25386. A RESOLUTION urging the United States Congress to enact special legislation compensating Appalachian Power Company for damages inflicted upon such Company by the Congressional nullification of the Company's license to construct and operate the Blue Ridge Hydroelectric Project on the New River. WHEREAS, Appalachian Power Company (APCO) had been issued a license by the Federal Power Commission to build the Blue Ridge Hydroelectric Project on 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; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Congress is urged to enact special legislation reimbursing APCO for the loss inflicted upon it by the nullification of its license for the Blue Ridge Hydroelectric Project on New River with the provision that APCO's rate base will be reduced accordingly. 2. The City Clerk is directed to forward attested copies of this resolution to the Honorable Harry F. Byrd, Jr., United States Senator; the Honorable John W. Warner, United States Senator, and to the Honorable M. Caldwell Butler, Member, United States House of Representatives. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1980. No. 25387. A RESOLUTION cancelling the regular meeting of the City Council scheduled to be held December 1, 1980. BE IT RESOLVED by the Council of the City of Roanoke that the regular meeting of the Council of the City of Roanoke to be held on the 1st day of December, 1980, at 2:00 p.m., at said Council's regular meeting place be, and said meeting is hereby CANCELLED. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1980. No. 25388. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sanitation Projects: Cravens Barnhart Sewage System (1) ...................... $158,207.36 Fairland Lakes Sanitary Sewer (2) ....................... 202,676.45 Lateral Replacement Account (3) ......................... 672,381.38 (1) Appropriated From General Fund Revenues (2) Appropriated From General Fund Revenues (3) Appropriated From General Fund Revenues (A08220191303) .... $109,466.96 (A08220190803) (35,290.91) (A08220190103) (74,176.05) 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 November, 1980. No. 25389. AN ORDINANCE providing for the construction of Project II of the Cravens-Barnhardt Sewage Collection 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 cer- tain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Aaron J. Conner, General Contractor, Inc., for furnishing all necessary equipment, labor and materials for construction of Project II of the Cravens-Barnhardt Sewage Collection Project, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $104,254.25, cash, based upon unit prices, is hereby ACCEPTED. A five percent contingency for the project in the amount of $5,212.71 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. 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 24th day of November, 1980. No. 25390. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Tinker Creek Parallel Sewer Project; 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 for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Tinker Creek Parallel Sewer Project in this City, the City wants and needs the four parcels, comprising permanent sanitary sewer easements, temporary construction easements and rights of ingress and egress, listed in the report of the City Manager on this subject, dated November 17, 1980, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary easements with appropriate ancillary rights with respect to the four parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $7,500.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to 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 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 is 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 November, 1980. No. 25391. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education $34,545,782.96 Roanoke City Schools (1) .............................. 34,527,571.00 REVENUE Grants-in-Aid Commonwealth $30,971,468.35 Education (2) ............................................ 18,109,661.00 (1) State and Federal Programs (A01611085201) ..... $25,000.00 (2) State and Federal Programs (R01062025) 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1980. No. 25392. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Human Services Volunteers (A355102) (1) .................... $4,063.37 REVENUE Human Services Volunteers (R355102) (2 & 3) ................ 4,063.37 (1) Salaries and Wages (2) Grant Receipts (3) Local Match (A35510210002) (R35510221) (R35510231) $(102.63) (643.92) 541.29 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 November, 1980. No. 25393. A RESOLUTION authorizing the City Attorney on the City's behalf to enter into a settlement agreement in connection with the case of City of Roanoke v. J. W. Bateson Company, with respect to the blower engines at the Sewage Treatment Plant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Attorney is authorized on the City's behalf to enter into a settlement agreement with the other litigants in the case of City of Roanoke v. J. W. Bateson Company with respect to the repair of the blower engines at the Sewage Treatment Plant. This agreement shall be in such form as is approved by the City Attorney and, generally, contain those terms set forth in a report from the City Attorney dated November 24, 1980 on this subject. 337 2. The City Attorney is further authorized to execute any other documents on the City's behalf for the purpose of settling the above litigation, dismissing the law suit and releasing the other party defendants in this regard. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of November, 1980. No. 25394. A RESOLUTION establishing a Roanoke Neighborhood Partnership Steering Committee, stating the objectives and duties and responsibilities of such Committee, and providing for a method of termination of the Committee. BE IT RESOLVED by the Council of the City of Roanoke that: 1. There is hereby established a Roanoke Neighborhood Partnership Steering Committee with the objective of assisting the City and the management team hired by it to develop a neighbor- hood planning and communication process which will facilitate neighborhood revitalization, stability and improvement. 2. The duties and responsibilities of the Committee shall be to advise and assist the City and its management team in devising a Roanoke Neighborhood Partnership, which will involve public, private and non-profit resources in developing a City-wide neighborhood planning and communication process that will facilitate neighborhood revitalization, stability and improvement, and which will encourage citizen participation to the maximum extent possible. 3. The Committee shall be abolished upon resolution of the Committee at any time after the duties and responsibilities of the Committee have been fulfilled. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25396. A RESOLUTION requesting the 1981 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 8, 1980, 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 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 proposed amendment to such Charter, the Council is of opinion that the 1981 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 1981 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: 338 Section 33. The annual budget. The city manager, at least sixty days prior to the beginning of each fiscal year, shall submit to the council a budget for the ensuing fiscal year. It shall be the duty of the head of each department, the judge of each court, each board or commission, including the school board, and each other office or agency supported in whole or in part by the city, including the commissioner of the revenue, the city treasurer, the e~y-se~§e~m~ sheriff, the attorney for the Commonwealth and clerk of courts to file with the e~y-m~R~ director of finance by March 15 of each year estimates of revenue and expenditure for that department, court, board, commission, office or agency for the ensuing fiscal year. Such estimates shall be submitted on forms furnished by the e~y-e~R~ director of finance and it shall be the duty of the head of each such department, judge, board, commission, office or agency to supply all the information required to be submitted thereon. The e~y-e~R~e~ director of financ~ shall assemble and compile all such estimates and supply such additional information relating to the financial transactions of the city as may be necessary and present them to the city manager for the timely preparation of the budget. The city manager, with the assistance of the e~y m~R~o~ director of finance, shall review the estimates and other data pertinent to the preparation of the budget and make such revisions in such estimates as he may deem proper subject to the laws of the Commonwealth relating to obligatory expenditures for any purpose, except that in the case of the school board budget he may recommend a revision in category totals only. The budget submitted to the couccil shall contain the following: (a) An itemized statement of the appropriations recommended with comparative statements showing appropriations made for the current and next preceding year. (b) An itemized statement of the taxes required and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements of the taxes and other revenues for the current and next preceding year, and of the increases or decreases estimated or proposed. (c) A fund statement showing a condition of the various appropria- tions, the amount of appropriations remaining unencumbered, and the amount of revenues remaining unappropriated. (d) Explanatory text relative to the conditions, reasons, et cetera, connected with the estimates for the ensuing year; also a work program showing the undertakings to be begun and those to be completed during the next year and each of several years in advance. (e) A statement of the financial condition of the city. (f) Such other information as may be required by the council. (g) Such other information as the city manager deems appropriate or advisable. In no event shall the expenditures recommended by the city manager in the budget exceed the receipts estimated, unless the city manager shall recommend new or increased revenues within the power of the city to levy and collect in the ensuing fiscal year. The city manager shall submit to the council with the budget a budget message which shall incorporate the most current statement of the financial condition of the city, shall be explanatory of the budget and shall describe the important features of the budget plan. It shall set forth the reasons for salient changes from the previous year in cost and revenue items. As a part of the budget message, with relation to the proposed expenditures for capital projects included in the budget, the city manager shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year. Section 56. Powers and duties of the school board. The school trustees of said city shall be a body corporate under the name and style of the School Board of the city of Roanoke, and shall have all of the powers, perform all of the duties and be subject to all of the limitations now provided, or which may hereafter be provided by law in regard to school boards of cities and except that all real estate with the buildings and improvements thereon heretofore or hereafter purchased with money received from the sale of bonds of this city, appropriated by the council or received from any other source for the purpose of public education, shall be the property of the said city of Roanoke, unless such money so received from any other source be received on other conditions. The school board shall transmit to the council and to the city director of finance a detailed statement of all moneys received by said board or placed to its credit. Separate accounts shall be kept by the said board of moneys appropriated by the council, and moneys received from other sources, and every such statement shall show the balance of each class of funds on hand.or under control of said board as of the date thereof. The school board shall on or before March 15 of each fiscal year prepare and submit to the council or its designee for its information in making up its proposed annual budget a detailed estimate, in such form as said council or its designee shall require, of the amount of money required for the conduct of the public schools of the city for the ensuing fiscal year, with an estimate of the amount of all funds -which will pro- bably be received by said board for the purpose of public education from sources other than appropriations by the council. The council may, at its discretion, by ordinance provide for an audit of the affairs and records of the school board by the municipal auditor or by any other competent person or firm selected by the council. Section 64. Working prisonersv and other persons convicted of offenses. Subject to the general laws of the State regulating the working of those convicted of offenses against the State, the council shall have the power to provide by ordinance for the employment or the working, either within or without the city limits, or within or without any city prison or jail, of all persons-mem~emeeR-ee-eem~memem~-~m-~m~-p~sem-~-~m~t-~-~Re ~m~em-~-eRe- found guilty of violatin8 the laws of the State of Virginia or the ordinances of the city of Roanoke. 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 1981 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 1981 Session of the General Assembly. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25397. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Community Development Block Grant-1979 (1-5) ........... $2,654,792.94 Community Development Block Grant-1980 (6 & 7) ......... 2,707,549.26 (1) Downtown East Pedestrian Mall (A35667900601) ---($ 1,026.62) (2) Kimball Financial Settlement (A35667900701) .... (38,177.42) (3) Unprogrammed C.D.B.G. Non-Settlement (A35667900408) (16,750.00) (4) Unprogrammed C.D.B.G. Loan Payback (A35667900407) (4,045.96) (5) Gilmer Ave. Demonstration Rehabilitation Projects (A35667900901) 60,000.00 (6) Harrison Ave. Street Improvements (A35668000501) (30,000.00) (7) Harrison School (A35668000504) 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 34O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25398. AN ORDINANCE amending the City's Fiscal Year 1980-81 Community Development Block Grant program to provide for partial funding of certain architectural and engineering services relating to the Harrison School project; 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; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City's Fiscal Year 1980-81 Community Development Block Grant program be, and said program is hereby amended to the extent that $30,000.00 be transferred from the Harrison Avenue improvements account to a new sub-account to be used for partial funding of certain architec- tural and engineering services relating to the Harrison School project, as requested in a report of the City Manager to Council dated December 8, 1980. 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 1980-81 Community Development Block Grant program. 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 December, 1980. No. 25399. AN ORDINANCE amending the City's Fiscal Year 1979-80 Community Development Block Grant program to provide for continued funding of the Gilmer Avenue Demonstration Rehabilitation Program; authorizing the City Manager or the Assistant City Manager to file appropriate papers, as necessary, with the United States Department of Housing and Urban Development to effect such amendment to the City's program; and authorizing and providing for an amendment to the Contract for Services, dated August 20, 1980, between the City and the City of Roanoke Redevelopment and Housing Authority; 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 $60,000.00 be transferred from the remaining funds of such program to a new account to be used for the continuation of the Gilmer Avenue Demonstra tion Rehabilitation Program, as requested in a report of the City Manager to the Council dated December 8, 1980. 2. ~he City Manager or the Assistant City Manager be, and they are hereby authorized and directed 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 be, and he is hereby authorized and directed to enter into a written amendment to the Contract for Services dated August 20, 1980, between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority, to provide for certain administrative services relating to the Gilmer Avenue Demonstration Rehabilitation Program, as requested in a report of the City Manager to Council dated December 8, 1980. 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 December, 1980. No. 25400. A RESOLUTION establishing Friday, December 26, 1980, as a holiday for certain City employees for this calendar year only. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Friday, December 26, 1980, shall be observed as a holiday for certain City employees as provided herein. 2. The City Manager and Council-appointed officers of the City be, and are hereby authorized 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 on Friday, December 26, 1980, and to permit those employees who are required to work 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 8th day of December, 1980. No. 25401. AN ORDINANCE amending and reordaining subsection (d) of Section 2-37, Office hours, work weeks and holidays, of the Code of the City of Roanoke (1979), as amended, to provide for two paid holidays to each firefighter assigned to the three platoon shift; and providing for an emergency BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (d) of Section 2-37, Office hours, work weeks and holidays, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 2-37. Office hours, work weeks and holidays. (d) The City Manager shall arrange and establish a fifty-six (56) hour work week for all members of the fire department assigned to the three platoon shift. Each firefighter assigned to the three platoon shift shall receive two paid holidays during each fiscal year which days shall be taken only at such time as the City Manager or his designee shall approve. The City Manager shall also arrange and establish a forty (40) hour work week for all members and employees of the police department. 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 342 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25402. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Fifth District Con- sortiumAppropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of 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 Fifth District Consortium Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AppropriatiOns Fifth District Consortium (FY81) (1-6) .................. $3,537,269.00 Revenue Fifth District Consortium (FY81) (7-12) ................. 3,537,269.00 (1) Admin. Pool Unobligated (2) Title IIAB Unobligated (3) Title II-D Unobligated (4) YCCIP Unobligated (5) YETP Unobligated (6) Title VI Unobligated (7) Admin. Pool (8) Title IIAB (9) Title IID (10) YETP (11) YCCIP (12) Title VI (A34816099999) --$ 595,150.00 (A34816199999) -- 1,118,610.00 (A34816299999) -- 1,078,707.00 (A34816499999) -- 86,313.00 (A34816399999) -- 352,931.00 (A34816699999) -- 305,558.00 (R34810101) (595,150.00) (R34810161) ..... (1,118,610.00) (R34810162) ..... (1,078,707.00) (R34810163) ..... (352,931.00) (R34810164) ..... ( 86,313.00) (R34810166) ..... (305,558.00) 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 December, 1980. No. 25403. A RESOLUTION authorizing the proper City officials to apply for a grant of State aid for public transportation capital costs in connection with the Intermodal Transportation Terminal. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Mayor is authorized, for and on behalf of the City, to execute and file an application to the Virginia Department of Highways and Transportation, for a grant of transportation special revenues authorized under Budget Item 640 of the 1980 Acts of General Assembly - Chapter 760, State Aid for Capital Costs - in the amount of $498,104 to defray ninety-five percent of the local matching share for equipment, facilities and the associated costs in connection with the construction of the Intermodal Transportation Terminal on Campbell Avenue, Roanoke, Virginia, and to accept from the Virginia Department of Highways and Transportation grants in such amount as may be awarded. 2. The City Manager is authorized to furnish or to have furnished to the Virginia Department of Highways and Transportation such documents and other information as may be required for processing the grant request. 3. This Council certifies that the funds shall be used in accordance with the require- ments of the Appropriation Act of 1980, that the City or Greater Roanoke Transit Company will provide matching funds, estimated to amount to $26,216, in the ratio as required in such Act (5% of the local matching share), that the record of receipts and expenditure of funds granted the City as authorized by the above legislation may be subject to audit by the Virginia Department of Highways and Transportation and by the State Auditor of Public Accounts, and that funds granted to the City for defraying the cost of public transportation capital costs shall be used only for such purposes as authorized in the above legislation. ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25404. A RESOLUTION authorizing the proper City officials to apply for a grant of State aid for public transportation administration costs in connection with the operation of Greater Roanoke Transit Company. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Mayor is authorized, for and on behalf of the City, to execute and file an application to the Virginia Department of Highways and Transportation, Commonwealth of Virginia, for a grant of transportation special revenues, as provided in Chapter 850, Budget Item 621 of the 1980 Acts of the General Assembly - State Aid for Administration - in the amount of $181,000, $90,500 for the first year, fiscal year commencing July 1, 1980, and $90,500 for the second year, fiscal year commencing July 1, 1981, to defray the public transportation administrative expenses of the City or Greater Roanoke Transit Company, and to accept from the Virginia Department of Highways and Transportation grants in such amount as may be awarded. 2. The City Manager is authorized to furnish or to have furnished to the Virginia Department of Highways and Transportation such documents and other information as may be required for processing the grant request. 3. This Council certifies that: the funds shall be used in accordance with the requirements of the Appropriation Act of 1980; the City or Greater Roanoke Transit Company will provide matching funds in a one-to-one ratio as required in such Act; the record of receipts and expenditure of funds granted the City pursuant to the above legislation may be subject to audit by the Department of Highways and Transportation and by the State Auditor of Public Accounts; and that funds granted to the City for defraying the expenses of public transportation administration shall be used only for such purposes as authorized in the above legislation. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25405. AN ORDINANCE authorizing the City Manager to enter into a new contract with United Ambulance Service, Incorporated providing for said corporation's furnishing of supplemental emergency rescue service; establishing a charge for such service to be paid by the City in the event such charge is uncollectable from any other source; 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, respectively, an agreement with the United Ambulance Service, Incorporated, a Virginia corporation, superceding the present agreement between the parties and providing for said corporation to furnish supplemental emergency rescue service upon request of the City's Communications Center, as needed from time to time, and that the City shall pay to United Ambulance Service, Incorporated the sum of $42.50 for each request initiated by the City's Communications Center and responded to by said corporation, provided that such charge is not collectable from any other source, after reasonable efforts to collect same, for a period of sixty (60) days. 2. The contract shall contain such other terms and conditions deemed appropriate by the City Manager and shall be upon 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 Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25406. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Ore Branch Interceptor Sewer Project (Upper Section); 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 for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Ore Branch Interceptor Sewer Project (Upper Section) in this City, the City wants and needs the 7 parcels, comprising sanitary sewer easements, temporary construction easements and rights of ingress and egress, listed in the report of the City Manager on this subject, dated December 8, 1980, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary real estate with appropriate ancillary rights with respect to the 7 parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate;'provided, however, the total consideration offered or expended shall not exceed $50,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective Considerations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to 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 pay into court the sums offered to the respective owners. owTler. The City Clerk is directed to mail a copy of this ordinance to each property 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 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25407. AN ORDINANCE authorizing the proper City officials to execute amendments to grant agreements with the Virginia Department of Aviation for Project Nos. 0045-06 and 0045-08, at Roanoke Municipal Airport, Woodrum Field, to extend the term of the first agreement until January 1, 1982 and to reduce the maximum obligation of the Commonwealth with respect to the second agreement from $29,755 to $25,867; 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 the Virginia Department of Aviation for Project Nos. 0045-06 and 0045-08 at Roanoke Municipal Airport, Woodrum Field, to extend the term of the first agreement, until January 1, 1982 and to reduce the maximum obligation of the Commonwealth with respect to the second agreement from $29,755 to $25,867. These contracts 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 8th day of December, 1980. No. 25409. AN ORDINANCE providing for the purchase of supplies of various types of cold water meters for use by the City's Water Department during the period of time beginning July 1, 1980, and ending June 30, 1981, upon certain terms and conditions; 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 Council concurs in the December 8, 1980, report of the Bid Committee and the City Manager pertaining to purchase of cold water meters by the City. 2. The following responsive bids made by the following bidders upon the unit prices stated below, viz: (a) From Neptune Water Meter Company, Glen Rock, New Jersey the following: Type/Size of Meter Unit Price 1" Meter (metal exterior) $ 67.95 Replacement cost for register and measuring chamber $ 18.80 2" Meter (metal exterior) $ 212.15; (b) From Hersey Products, Inc., Dedham, Massachusetts, the following: Type/Size of Meter Unit Price 3" Compound Meter $ 663.50 4" Compound Meter $1,041.00 6" Compound Meter $2,020.60 10" Detector Type Meter $2,225.00; (c) From Badger Meter, Inc., Milwaukee, Wisconsin, the following: Type/Size of Meter Unit Price 8" Compound Meter or equivalent manifold unit $3,135.00 6" Detector Type Meter $ 940.27 8" Detector Type Meter $1,455.65; (d) From Rockwell International, Pittsburgh, Pennsylvania, the following: Type/Size of Meter Unit Price 1 1/2" Water Meter (metal exterior) $ 157.72; to furnish and to supply to the City for use by its Water Department, in full accordance with the City's specifications made therefor, and with said bidders' proposals, be, and said bids are hereby ACCEPTED, all new meters to be delivered f.o.b., Roanoke, Virginia, to the address specified in each individual purchase order, for the period of time beginning July 1, 1980, and ending June 30, 1980, as and when ordered by the City's Manager of Purchasing and Materials Control during the aforesaid period, the amounts authorized to be expended hereunder for any number of meters during the said period of time in no event to be beyond the amount of funds appropriated by the Council of the purpose; 34F, 3. The City's Manager of Purchasing and Materials Control be, and is hereby authorized and directed, for and on behalf of the City, to issue requisite purchase orders for the supplies of the various water meters mentioned above, the same to be paid for upon acceptance by the City out of funds appropriated by the Council for the purpose. 4. The other bids received by the City for the supply of water meters be, and said other bids are hereby REJECTED, the City Clerk to so notify said 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 ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25410. 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 a study for the Gainsboro neighborhood, 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 a study for the Gainsboro neighborhood, such agreement to require that the firm of Cox, McKee and Okerlund, Community Planning Design Consultants, Charlottesville, Virginia, be retained pursuant to a written contract to conduct the neighborhood study, the terms and conditions of which contract shall be subject to the approval of the City Manager; said agreement to contain, otherwise, such terms and conditions as are contained in a report to the Council dated December 8, 1980, and as may be deemed necessary by the City Manager; 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 8th day of December, 1980. No. 25411. AN ORDINANCE accepting a certain proposal and awarding a contract for the installation of perimeter fencing at Roanoke Municipal Airport, Woodrum Field, Airport Project No. ADAP 6-51- 0045-08, upon certain terms and conditions; 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. Conditioned upon the concurrence and approval of the Federal Aviation Administration and the State Corporation Commission and such Administration's and such Commission's agreement to participate with the City in payment of a portion of the allowable costs of the improvements hereinafter described to the extent heretofore provided by the City's application for Federal Airport Project No. ADAP 6-51-0045-08, and by the Grant Agreement heretofore entered into between the City and such Administration, and subject to the hereinafter named contractor meeting the applicable criteria and requirements of the aforesaid Grant Agreement, the bid and proposal made by Guard Rail of Roanoke, Inc., for the installation of new perimeter fencing at Roanoke Municipal Airport, Woodrum Field, in full accordance with the City's plans and specifications made for Airport Project No. ADAP 6-51-0045-08, and within the period of time mentioned in said specifications for the sum of $37,300.00, payable as provided in the bid documents which are on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager, upon receipt of concurrence of the Federal Aviation Administration and the State Corporation Commission in the acceptance of the aforesaid bid and approval of the contract to be entered into, 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, the terms of the proposal made to the City and to be in such form as approved by the City Attorney. 3. The other bids for the aforesaid work are REJECTED. The City Clerk shall so notify such other bidders and 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 ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of December, 1980. No. 25412. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sanitation Projects ........................................ $3,997,194.04 Sewage Lateral Replacement (1) .......................... 642,691.11 Cravens Barnhart Sewage System (2) ...................... 152,646.72 (1) Sewage Lateral Replacement (A08220190103) .... ($103,866.32) (2) Cravens Barnhart Sewage System (A08220191303) 103,866.32 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 8th day of December, 1980. No. 25413. AN ORDINANCE providing for the construction of Project I of the Cravens-Barnhart Sewage Collection System, 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: labor and materials for construction of Project I of the Cravens-Barnhart Sewage Collection System, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $98,920.30, cash, based upon unit prices, is hereby ACCEPTED. A five percent contingency for the project in the amount of $4,946.02 shall be established. These sums shall derive from funds heretofore or simultaneously appropriated for this purpose. The proposal of J. P. Turner & Brothers, Inc., for furnishing all necessary equipment~ 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25395. AN ORDINANCE permanently vacating, discontinuing and closing two alleys, in the City of Roanoke, Virginia, which are described hereinafter. WHEREAS, Southwest Virginia Community Development Fund, has hereto 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 hereinafter described alley~ and WHEREAS, Southwest Virginia Community Development Fund, did, on November 7, 1980, 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 verifiec 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 December 3, 1980, reported to Council and recommended that the hereinafter described alleys be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on December 8, 1980, at 7:30 p.m., after due and timely notice thereof by publica- tion 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 alleys 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 alleys, as requested by Southwest Virginia Community Development Fund, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that those certain alleys situate in the City of Roanoke, Virginia, and more particularly described as follows: Alley #1 Extending from the northerly side of Centre Avenue to the southerly side of Loudon Avenue, lying immediately west of and running parallel with Twenty-first Street. Alley #2 Extending from the westerly side of Twenty-first Street to the aforedescribed Alley #1, lying immediately north of and running parallel with Centre Avenue. (Said alleys appearing on Official Appraisal Map number 231.) be, and hereby are, permanently vacated, discontinued, and closed and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered to do so, 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 alleys, 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 alleys 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 alleys in all maps and plats on file in his office in which said alleys are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of Southwest Virginia Community Development Fund and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25408. AN ORDINANCE authorizing the rental of four (4) square feet of floor space in the transmitter building atop Mill Mountain to Roanoke Memorial Hospitals, Inc., for use, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City agrees to rent to Roanoke Memorial Hospitals, Inc., four (4) square feet of floor space in the transmitter building atop Mill Mountain for said proprietor's use for the placement and operation of a paging-base station and, also, space on the tower adjacent to said building for their antenna, to be connected by coaxial cable to the radio equipment in said building. 2. That the City Manager and City Clerk are authorized and directed to execute and to attest, respectively, on behalf of the City, a lease agreement with Roanoke Memorial Hospitals, Inc., providing for rental of the aforesaid property and space on a month-to-month basis for an annual rental of $624.00, payable in equal quarter-annual payments of $156.00 each, such lease to incorporate the terms and conditions of this ordinance and such other reasonable terms and provision~ as may be required by the City Manager and to be, otherwise, upon such form as is approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25415. A RESOLUTION recognizing the services of JOHN CHAPPELEAR as a member of the City of Roanoke Board of Zoning Appeals. WHEREAS, John Chappelear, who has served as a member of the City of Roanoke Board of Zoning Appeals since March 23, 1964, has resigned from the Board effective December 31, 1980; WHEREAS, during Mr. Chappelear's sixteen years of dedicated service to the City he served as Chairman of the Board of Zoning Appeals from 1966 to 1973, and was serving as the V~.ce- Chairman of the Board at the time of his resignation; WHEREAS, during his years of service to the City, Mr. Chappelear has displayed an outstanding ability in the performance of his duties to exercise both his widely-recognized technical expertise as an architect and his uncommon quantity of common sense; WHEREAS, in addition to his service on the Board of Zoning Appeals, Mr. Chappelear has worked tirelessly through several civic and local government organizations to improve and revitalize the City, particularly its central business district. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby expresses its appreciation for the very meritorious services rendered this City and this community by John Chappelear during the years that he served as a member of the City's Board of Zoning Appeals. BE IT FURTHER RESOLVED that the City Clerk transmit to Mr. Chappelear an attested copy of this resolution. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25416. AN ORDINANCE authorizing the City Manager to enter into a contract with Hayes, Seay, Mattern & Mattern to provide architectural services identified as Phase II Design Services for the proposed Market Square Parking Garage; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Mmnager and the City Clerk shall be authorized to execute and attest, respectively, an agreement with Hayes, Seay, Mattern & Mattern, Architects, Engineers and Planners, of Roanoke, Virginia, for the provision by such firm of architectural services identified as Phase II Design Services for the proposed Market Square Parking Garage, such services being more particu- larly set forth in report of the City Manager dated December 22, 1980, and the attachments thereto. 2. The maximum compensation to Hayes, Seay, Mattern & Mattern for Phase II Design Services and reimbursable expenses shall not exceed $207,321 without approval of this Council. 3. The form of the contract with Hayes, Seay, Mattern & Mattern 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 22nd day of December, 1980. No. 25417. AN ORDINANCE authorizing the City Manager to enter into an agreement with Ralph Burke Associates to prepare a revised Environmental Impact Assessment Report with respect to the proposed 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, the requisite contract with Ralph Burke Associates for the preparation by that firm of a revised Environmental Impact Assessment Report with respect to the City's seeking federal approval for the extension of Runway 23. The contract shall indicate that the fee to be paid by the City to Ralph Burke Associates for this work shall be $36,465.00, to be paid from funds heretofore or simultaneously appropriated for this purpose, and that the work shall be accomplished within four months from date of notice to proceed and the contract shall be 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25418. AN ORDINANCE providing for the purchase of certain microfilm equipment for use by the City, upon certain terms and conditions, by accepting a certain bid made to the City for furnishing and delivering said microfilm equipment; providing for the issuance of requisite purchase orders for such equipment; declaring certain other microfilm equipment surplus and authorizing the disposal thereof; rejecting another 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 in writing of the Eastman Kodak Company, to furnish to the City the microfilm equipment hereinafter set out and generally described but more particularly described in the City's specifications and in said bidder's proposal, be and is hereby ACCEPTED, at the purchase prices and upon the conditions set out with each said item, viz: Quantity and Description Total Purchase Price 4-New Retrieval Terminals (Reader-Printers) $ 47,283.60 4-Sets of Microfilm Cassettes $ 2,480.00 all of the aforesaid equipment to be delivered to the City, f.o.b., Roanoke, in accordance with the City's general specifications and with the successful bidder's proposal and the aforesaid bid committee's report; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said purchase orders the City's aforesaid general specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance; the cost of said microfilm equipment when delivered to be paid out of funds appropriated for the purpose. 2. The two Eastman Kodak Company reader-printers which are currently owned by the City are declared to be surplus, and the City Manager is authorized to dispose of such equipment by trade in to Eastman Kodak Company for a credit in the amount of $3,498.00 toward the purchase price of the new microreader equipment or to sell such surplus equipment to a willing buyer for an amount equal to or greater than the sum of $3,498.00, cash. In the event of such sale, the funds therefrom may be applied toward the purchase price of the equipment to be purchased. 3. Upon delivery to the City of each item of microfilm equipment and upon the City's acceptance of the same as being in accordance with the bid accepted and purchase order issued, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payments of the aforesaid purchase prices as set out to the successful bidder, not to exceed the sums hereinabove set out. 4. That the other bid made to the City for furnishing said microfilm equipment, be REJECTED, the City Clerk to so notify said other bidder and to express to each the City's apprecia- tion 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 passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25420. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Community Development $11,979,194.00 Parking Lot Income (1) .................................. 297,381.23 REVENUE Community Development $11,979,194.00 Parking Lot Income (2) .................................. 297,381.23 (1) Parking Lot Income (RRHA) (A35668000402) $(28,549.26) (2) Parking Lot Income (RRHA) (R35666602) (28,549.26) 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 22nd day of December, 1980. No. 25421. A RESOLUTION urging enactment by the 1981 Session of the General Assembly of legislation providing for financial aid to the City of Roanoke in connection with the sludge disposal problem at the regional Water Pollution Control Plant in the City. WHEREAS, the City of Roanoke is experiencing a serious problem growing out of limited capacity in the sludge disposal lagoons at the regional Water Pollution Control Plant (Plant), is embarking upon a plan to solve this problem and requests the aid of the Commonwealth of Virginia therefor; WHEREAS, the Commonwealth has long been interested in this Plant and has demonstrated a commendable commitment to preserve and enhance the water quality of this Commonwealth; WHEREAS, in 1971, because of alleged pollution of the Roanoke River and Smith Mountain Lake, the State Water Control Board (SWCB) directed the City to "take such immediate and necessary action to prohibit any further connections to sewers conveying wastes to the City's sewage treatment plant...and to terminate the issuance of any or all permits...which would allow the initiation of new construction projects...that would add additional sewage loads to the Roanoke sewage treatment plant..." and required the City to prepare and present to the SWCB "a revised detailed interim plan for correcting existing difficulties and sustaining such corrective action pending completion of the City's long range plan;" WHEREAS, while the City devised and implemented, with the Commonwealth's conditional approval, a plan to utilize lagoons for sludge disposal, the Commonwealth had favored a plan to dispose of sludge by dewatering and incineration, but the Commonwealth was unwilling or unable at the time to fund the extra costs that the latter sludge handling facility would have involved; WHEREAS, early estimates for the construction of the improvements to the Plat mandated by the Commonwealth ranged from $12,442,000 to $17,000,000, the final cost amounted to $29,417,026; WHEREAS, of the total cost, the Commonwealth funded approximately $2,928,040, the City paid approximately $4,412,554, and the federal government paid approximately $22,076,432; WHEREAS, since the lagoons have filled much earlier than the City's consulting engineers predicted, in part because of government mandated changes to the design of the Plant, the City has explored alternatives to dispose of the sludge in a manner, at the same time, acceptable to its citizens and consistent with the City's need to act quickly to avoid an environmental crisis and with its obligation and commitment to preserve and enhance the water quality of this Commonwealth; WHEREAS, Council for the City of Roanoke has approved a two part plan to solve the sludge disposal problem. The first part, estimated to cost $799,000, involves short term measures such as emptying and expanding some of the lagoons and marketing the processed sludge for uses beneficial to this Commonwealth. The second part, estimated to cost $7,245,000 involves long term measures such as designing and constructing a sludge dewatering plant and devising efficient methods of ultimately disposing of the sludge, which may include deposit in a landfill, application to agricultural land or storage; WHEREAS, the Plant serves as a regional facility for the City of Roanoke, Roanoke County, Botetourt County, the Town of Vinton and the City of Salem, and, in fact, serves all the Commonwealth citizens living in the Roanoke River Basin, Southwest Virginia, the western Piedmont and the southern Shenandoah Valley because of the connection between efficient operation of the Plant and good water quality of Smith Mountain Lake; WHEREAS, it is reasonable that the Commonwealth should assume a part of the costs of the improvements to the Plant for proper sludge disposal, as it did in the case of the Rivanna Water and Sewer Authority in Albemarle County, and in connection with sewage treatment plants in the City of Richmond, City of Lynchburg and in many other cities in the Commonwealth; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council respectfully requests that the General Assembly at its 1981 session enact legislation to aid the City of Roanoke in financing the capital improvements estimated to cost $7,500,000 to permit implementation of the above plan for disposal of sludge from the regional Water Pollution Control Plant. 2. The City Clerk shall transmit attested copies of this resolution to the Governor of Virginia, to each of the City's representatives to the General Assembly and to the Clerks of the governing bodies of Roanoke County, Botetourt County, City of Salem and Town of Vinton. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25422. AN ORDINANCE providing for the construction of the U.S. 460 East Water Main 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 Aaron J. Conner, General Contractor, Inc., for furnishing all necessary equipment, labor and materials for construction of the U. S. 460 East 20-inch Water Main from King Street to the east corporate limits of the City, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $109,100.80, cash, based upon unit prices, is hereby ACCEPTED. This sum shall derive from funds heretofore or simul- taneously 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 rs 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 22nd day of December, 1980. No. 25423. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980281 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Norwood Street Storm Drain (1) ............................. $682,957.99 Annexation Storm Drazn and Sewer Projects (2) .............. 154,076.59 Westland Road Storm Drain (3) ............................... -0- (1) Appropriated from General Revenues (A08220191703) (2) Appropriated from General Revenues (A08220190203) (3) Appropriated from General Revenues (A08220191403) $682,957.99 (677,912.39) (5,045.60) 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 December, 1980. No. 25424. AN ORDINANCE providing for the construction of the Norwood Street 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 Ramey, Inc., of Clemmons, North Carolina, for furnishing all necessar~ equipment, labor and materials for construction of the Norwood Street 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 $669,483.80, based upon unit prices, is hereby ACCEPTED. This sum 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. 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 22nd day of December, 1980. No. 25425. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Hemlock Hills Storm Drains (1) ........................ $120,551.03 Annexation Storm Drain & Sewer Projects (2) ........... 831,988.98 (1) Appropriated from General Revenues (A08220191603) (2) Appropriated from General Revenues (A08220190203) $120,551.03 (120,551.03) 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 December, 1980. No. 25426. AN ORDINANCE providing for the construction of the Hemlock Hills 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 Hemlock Hills 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 $114,810.50, based upon unit prices, is hereby ACCEPTED. This sum 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. 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: ~~~__ City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25427. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Cravens Barnhart Sewage System (1) ....................... $394,540.36 Sewage Lateral Replacement (2) ........................... 173,974.70 (1) Appropriated from General Revenues (A08220191303) $132,426.68 (2) Appropriated from General Revenues (A08220190103) ...................... (132,426.68) 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 December, 1980. No. 25428. AN ORDINANCE providing for the construction of Project III of the Cravens-Barnhart Sewage Collection System, 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 Aaron J. Conner General Contractor, Inc. for furnishing all necessary equipment, labor and materials for construction of Project III of the Cravens-Barnhart Sewage Collection System, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $126,120.65, cash, based upon unit prices, is hereby ACCEPTED. A five percent contingency for the project in the amount of $6,306.03 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. 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 22nd day of December, 1980. No. 25429. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS New Glade Creek Interceptor (1) .......................... $1,219,173.84 Tinker Creek Parallel (2) ............................... 1,493,654.31 REVENUE Due from Roanoke County - New Glade Creek Interceptor (3) .................................. Due from Botetourt County - New Glade Creek Interceptor (4) .................................. 386,196.36 386,196.36 (1) New Glade Creek Interceptor (A03511091101)--$821,355.92 (2) Tinker Creek Parallel (A03511091301) (48,963.20) (3) Due from Roanoke County - New Glade Creek Interceptor (X03113302) 386,196.36 (4) Due from Botetourt County - New Glade Creek Interceptor (X03113402) 386,196.36 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 December, 1980. No. 25430. AN ORDINANCE providing for the construction of the Glade Creek Sanitary Sewer Interceptor, 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 Prillaman and Pace, Inc., for furnishing all necessary equipment, labor and materials for construction of the Glade Creek Sanitary Sewer Interceptor, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $1,041,600.50, cash, based upon unit prices, is hereby ACCEPTED. A five percent contingency for the project in the amount of $52,080.00 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. 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 22nd day of December, 1980. No. 25431. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Ore Branch Interceptor - Upper Segment (1) ................ $409,301.10 New Ore Branch Interceptor (2) ............................ 218,067.04 (1) Ore Branch Interceptor - Upper Segment (A03511091501) (2) New Ore Branch Interceptor (A03511091001) $409,301.10 (409,301.10) 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 December, 1980. No. 25432. AN ORDINANCE providing for the construction of the upper segment of the Ore Branch Sanitary Sewer 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 E. C. Pace and Company, Inc., for furnishing all necessary equipment, labor and materials for construction of the upper segment of the Ore Branch Sanitary Sewer Project, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $389,811.10, based upon unit prices, is hereby ACCEPTED. A five percent contingency for the project in the amount of $19,490.00 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. 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: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25433. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and r ordained to read as follows, in part: APPROPRIATIONS Ore Branch Interceptor - Lower Segment (1) ................ $ 606,939.00 New Ore Branch Interceptor (2) ............................ 218,067.04 Tinker Creek Parallel (3) ................................. 1,493,654.31 REVENUE Due from Roanoke County - Ore Branch Interceptor - Lower Segment (4) ......................... 472,805.48 (1) Ore Branch Interceptor - Lower Segment (A03511091601) $606,939.00 (2) New Ore Branch Interceptor (A03511091001)-(112,735.68) (3) Tinker Creek Parallel (A03511091301) ...... (21,397.84) (4) Due from Roanoke County - Ore Branch Interceptor Lower Segment (X03113303) .... 472,805.48 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 22nd day of December, 1980. No. 25434. AN ORDINANCE providing for the construction of the lower segment of the Ore Branch Sanitary Sewer 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 F. L. Showalter, Inc., for furnishing all necessary equipment, labor and materials for construction of the lower segment of the Ore Branch Sanitary Sewer Project, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $578,038.00, based upon unit prices, is hereby ACCEPTED. A five percent contingency for the project in the amount of $28,901.00 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. 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 ordiance 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 December, 1980. No. 25435. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Tinker Creek Parallel (1) ............................. $1,493,654.31 REVENUE Due from Roanoke County-Tinker Creek Parallel (2) ......................................... Due from Botetourt County-Tinker Creek Parallel (3) ................................... 279,678.92 313,188.83 (1) Tinker Creek Parallel (A03511091301) (2) Due from Roanoke County-Tinker Creek Parallel (X03113301) (3) Due from Botetourt County-Tinker Creek Parallel (X03113401) $592,867.75 279,678.92 313,188.83 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 22nd day of December, 1980. No. 25436. AN ORDINANCE providing for the construction of the Tinker Creek Sanitary Sewer Interceptor 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 Aaron J. Conner, General Contractor, Inc., for furnishing all necessary equipment, labor and materials for construction of the Tinker Creek Sanitary Sewer Interceptor, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $1,252,265.44, based upon unit prices, is hereby ACCEPTED. A five percent contingency for the project in the amount of $62,6]3.00 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 specifica- tions 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 ordiance 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 December, 1980. No. 25438. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education: $34,587,237.89 Roanoke City Public Schools (1) ......................... $34,568,106.00 REVENUE Grants-in-Aid Commonwealth $31,086,763.35 Education (2) ........................................... $18,150,196.00 (1) State and Federal Programs (A01611085201)---$40,535.00 (2) State and Federal Programs (R01062025) ...... $40,535.00 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 December, 1980. No. 25439. AN ORDINANCE to amend and reordain certain sections of the 1980-81 General Fund and Civic Center Fund Appropriation Ordinances and Capital Projects 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 1980-81 General Fund and Civic Center Fund Appropriation Ordinances and Capital Projects Fund and Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GENERAL FUND Appropriations (1-19) .......................................... $91,195,240.00 CIVIC CENTER FUND Appropriations Civic Center Fund (20) ...................................... 1,653,332.46 Revenue Civic Center Fund (21) ...................................... 1,299,016.00 CAPITAL PROJECTS FUND Appropriations Capital Projects Fund (22-27) ............................... 36,244,110.95 GRANT PROGRAMS FUND Appropriations Grant Programs Fund (28) .................................... 14,464,824.89 Revenue Grant Programs Fund (29) .................................... 14,464,824.89 (1) Police Investigation - Vehicular Equipment (A01311290010) (2) Police Patrol - Vehicular Equipment (A01311390010) (3) Refuse Collection - Operational and Construction Equipment (A01421090015) (4) Building Mmintenance - Vehicular Equipment (A06263190010) (5) Grounds Maintenance - Vehicular Equipment (A06263590010) (6) Street Maintenance - Operational and Construction Equipment (A06262190015) (7) Grounds Maintenance - Other Equipment (A06263590020) (8) Fire Prevention - Operational and Construction Equipment (A01321290015) (9) Fire Prevention - Other Equipment (A01321290020) (10) Fire Suppression - Other Equipment (A01321390020) (11) Fire Suppression - Operational and Construction Equipment (A01321390015) (12) Motor Vehicle Maintenance - Fixed Equipment (A06264190025) (13) City Information Systems - Other Equipment (A06160190020) (14) Materials Control - Other Equipment (A06161390020) (15) Clerk of Circuit Court - Other Equipment (A01211190020) (16) Clerk of Circuit Court - Office Furniture and Equipment (A01211190005) (17) Transfer to Civic Center Fund (A01931037005)-- (18) Transfer to Capital Projects Fund (A01931037008) (19) Transfers to Grant Projects Fund (A01931037035) (20) Capital Outlay from Revenue - Land Purchases (A05511090050) (21) Operating Supplement - General Fund (R05224701) (22) Capital Improvement ~Reserve - Landfill Master Plan Update (A08310172508) $ 27,984.00 63,696.00 33,000.00 7,500.00 100,000.00 20,000.00 35,800.00 5,771.00 5,000.00 1,000.00 6,500.00 28,OOO.0O 30,000.00 10,000.00 42,768.00 4,625.00 75,000.00 537,156.00 75,000.00 75,000.00 75,000.00 16,000.00 (23) Streets and Bridges - Franklin Road Bridge (A08210192003) (24) Streets and Bridges - Highway Construction Fund (A08210190703) (25) Capital Improvement Reserve - Youth Haven Roof (A08310172509) (26) Capital Improvement Reserve - War Memorial (A08310172510) (27) General Government - War Memorial (A08110190403) (28) Miscellaneous Grants - Centennial Committee (A35510610002) (29) Miscellaneous Grants - Local Funding (R35510631) $210,000.00 196,156.00 15,000.00 95,000.00 5,000.00 75,000.00 75,~000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of December, 1980. No. 25440. A RESOLUTION authorizing the City Manager to notify the City of Roanoke Redevelopment and Housing Authority that the City Council approves construction of South Roanoke Village Apart- ments, Phase II. WHEREAS, by Resolution No. 24957, adopted on January 7, 1980, this Council authorized the City Manager to notify the Virginia Housing Development Authority that the City Council had no objections to the construction in the City of a project to be known as South Roanoke Village Apartments, Phase II; and WHEREAS, the construction financing for the project known as South Roanoke Village Apartments, Phase II is to be by means of bonds issued by the City of Roanoke Redevelopment and Housing Authority; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that, pursuant to the provisions of Section 36-19.1 and Section 36-19.2, Code of Virginia (1950), as amended, the City Manager is authorized to notify the City of Roanoke Redevelopment and Housing Authority that this Council approves the construction in the City of a project to be known as South Roanoke Village Apartments, Phase II, as more particularly described in a report to the Council from the City Manager dated January 7, 1980, provided that no rent subsidy from any governmental unit shall be made available to any tenant to occupy such project except in the case of elderly and handicapped persons. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1981. No. 25414. AN ORDINANCE providing for the acceptance of a proposal of Total Action Against Poverty in the Roanoke Valley to lease the former Harrison School for a neighborhood center and providing for the lease of this property to that person, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. This Council accepts the bid of Total Action Against Poverty in the Roanoke Valley (TAP) to lease for the purposes of a community center from the City the former Harrison School property, lying in the City of Roanoke, Virginia, and identified by Official Tax Nos. 2121763, 2121764 and 2121765. The cost to the City for this project will be $150,000, derived from Cor~nunity Development Block Grant funds over a two year period. 2. Noel C. Taylor, Mayor, and Mary F. Parker, City Clerk, are authorized to execute and attest, respectively, on the City's behalf, a deed leasing the above real property to TAP. This lease shall be in such form as approved by the City Attorney and shall contain the following terms in proper legal form, in addition to any other reasonable and customary provisions required by the City Manager: (A) The term of the lease shall be 40 years. (B) The rent shall be $10.00 per year. (c) The property shall be used for elderly and handi- capped housing, a community center, a day care center, a community kitchen, office space and for meeting and recreational purposes. (D) TAP shall be and remain responsible for all opera- tion and maintenance costs and all other costs, incurred during the lease term, with respect to this property. (E) No structural or exterior changes to the improve- ment on the property shall be made without prior approval of the City Manager. (F) TAP shall not sublet, assign or transfer posses- sion of the property under the lease without prior approval of the City Manager. (¢) The lease may be terminated by either party for failure of the other to fulfill the requirements contained therein. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1981. No. 25419. AN ORDINANCE amending and reordaining Section 15-28, Supervisin~ personnel, of the Code of the City of Roanoke (1979), as amended, in order to clarify certain requirements for the operation of swimming pools in the City. BE IT ORDAINED by the Council of the City of Roanoke that Section 15-28, Supervisin~ personnel, Code of the City of Roanoke (1979), as amended, be and said section is hereby amended to read and provide as follows: Section 15-28. Supervisory personnel. (a) Each owner or operator of a swimming pool shall cause such pool to be operated under the supervision of a person certified by the Director of Health as being qualified in the fields of filter operation and pool sanitation. The Director of Health shall establish reasonable standards for determining whether a person is qualified in filter operation and pool sanitation. (b) Ail owners, operators and/or other attendants in charge of a swimming pool shall be responsibile for the supervision and safety of the pool. A lifeguard, if provided, shall be trained in first aid, ATTEST: clear view, and shall state in clearly legible letters at least four inches high: "WARNING - NO LIFEGUARD ON DUTY". APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1981. No. 25437. AN ORDINANCE authorizing the appropriate City officials to execute certain agreements with the United States of America with respect to lighting and directional aids for Roanoke Munici- pal Airport, Woodrum Field. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, H. B. Ewert, or the Assistant City Manager, Sam H. McGhee, III, iil is hereby authorized for and on behalf of the City to execute and, under the circumstances set iI forth below, to deliver the following agreements, upon such form as is approved by the City Attorney,ii with the United States of America (USA) with respect to lighting and directional aids for Roanoke i.I Municipal Airport, Woodrum Field (Airport): (a) License Agreement, Contract No. DOT-FA-77EA-8620, for Medium Intensity Approach Light System, with Runway Alignment, at Indicator Lights, MALSR, granting to USA, for a term to be established by the City Manager, the right to use 15.55 acres, adjacent to Runway 5, in considera- tion of the benefits to accrue to the Airport. (b) Lease Agreement, Contract No. DOT-FATQEA-8637, for LDA/OM, Outer Marker for Runway 5, granting to USA, for a term to be established by the City Mmnager, the right to use .01 acre lying in the City of Salem adjacent to the lands owned by the City of Salem, in consideration of the benefits to accrue to the Airport. The City Attorney and the City Manager are authorized to negotiate with the USA to reduce the stated width of the right-of-way, mentioned in the proposed lease from 40 to 14 feet and to change the date after which the lease with USA may not be renewed from September 30, 1994, to September 30, 1991. These officials are further authorized to take, on behalf of the City, such reasonable and necessary steps to consummate such an amendment to the proposed lease with USA, in this regard. (c) Lease Agreement, Contract No. DOT-FATQEA-8648, LDA, Missed Approach Point Marker, for Runway 5, granting to USA, for a term to be established by the City Manager, the right to use .21 acre, lying in the City of Roanoke, adjacent to the lands possessed by St. Elias Catholic Church, in consideration of the benefits to accrue to the Airport. (d) Lease Agreement, Contract No. DOT-FATQEA-8649, LDA Non-Directional Beacon for Runway 5, granting to USA, for a term to be established by the City Manager, the right to use .23 acre, in Roanoke County, Virginia, adjacent to the lands of Helen Richards, in consideration of the benefits to accrue to the Airport. 2. The City Manager and the City Attorney are authorized to deliver the above agreements to USA only if this Council approves the adjustments to Roanoke Municipal Airport Zoning Map to reflect the MALSR, LDA and instrument landing height restrictions for Runway 5-23 in order to permit the operation of the instrument landing clear approach zones, as recommended by the City Manager in his report dated December 15, 1980 on this subject, on file in the Office of the City Clerk. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1981. No. 25442. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sludge Dewatering Facility (1) ........................... $110,000.00 (1) Sludge Dewatering Facility (A03511091701) ...... $110,000.00 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 January, 1981. No. 25443. AN ORDINANCE accepting a certain proposal and awarding a contract to Dewberry, Nealon & Davis providing for the development of plans and specifications for a dewatering facility and auxiliary equipment for the Water Pollution Control Plant, upon certain terms and conditions, and authorizing the proper City officials to execute the requisite contract therefor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of Dewberry, Nealon & Davis to provide services for the development of plans and specifications for a dewatering facility and auxiliary equipment for the Water Pollution Control Plant, at a cost not to exceed $100,000, with a 10% contingency of $10,000, to be paid from funds simultaneously or heretofore appropriated for this purpose, 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 include the terms and conditions of this ordinance and said firm's proposal and to be in 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 5th day of January, 1981. No. 25444. AN ORDINANCE authorizing the City Manager to retain the services of Allright J & S Parking Co., Inc., to manage certain parking lots owned by the City, subject to certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Mmnager be, and he is hereby authorized and directed to retain the services of Allright J & S Parking Co., Inc., to manage on a month-to-month basis for the sum of $5,000 per month existing parking lots in the Downtown area of the City on two parcels recently acquired from the National Theatre Corporation and Nelson Limited Partnership, subject to the terms and conditions set forth in a report of the City Manager to Council dated January 5, 1981, and in the attachments thereto; said agreement to 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 passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1981. No. 25445. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Fifth District Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Educational Link Coordinator (1) ............................ $20,786.00 REVENUE Governor's Employment & Training Council (2) ................ 20,786.00 (1) Educational Linkage Coordinator-Wages (A34816880401) (2) Educational Linkages (R34820201) $20,786.00 20,786.00 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 5th day of January, 1981. No. 25446. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Fifth District Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS C.E.T.A.: Admin. Pool (1) .................................. $1,179,731.00 Title II-AB (2) .................................. 1,619,269.00 Title IID (3) .................................... 1,771,868.00 YETP (4) ......................................... 603,864.00 YCCIP (5) ........................................ 101,140.00 SPEEDY (6) ....................................... 550,125.00 Title VI (7) ..................................... 1,162,772.00 Title VII (8) .................................... 300,946.00 REVENUE C.E.T.A.: Admin. Pool (9) .................................. 1,179,731.00 Title II-AB (10) ................................. 1,619,269.00 Title IID (11) ................................... 1,771,868.00 YETP (12) ........................................ 603,864.00 YCCIP (13) ....................................... 101,140.00 SPEEDY (14) ...................................... 550,125.00 Title VI (15) .................................... 1,162,772.00 Title VII (16) ................................... 300,946.00 (1) Admin. Pool (A34896099999) (2) Unobligated - Title II-AB (A34896199999) (3) Unobligated - Title II-D (A34896299999) (4) Unobligated YETP (A34896399999) (5) Unobligated YCCIP (A34896499999) ( (6) Unobligated SPEEDY (A34896599999) ...... ( (7) Unobligated Title VI (A34896699999) .... ( (8) Unobligated Title VII (A34896799999)---( (9) Admin. Pool (R34800101) (10) Title II-AB (R34800161) (11) Title IID (R34800162) (12) YETP (R34800163) (13) YCCIP (R34800164) (14) SPEEDY (R34800165) (15) Title VI (R34800166) (16) Title VII (R34800167) $1,179,731.00 (611,602.38) 269,761.00 17,115.00 20,374.00) 176,636.00) 110,356.00) 7,110.00) 1,179,731.00 (611,602.38) 269,761.00 17,115.00 ( 20,374.00) (176,636.00) (110,356.00) ( 7,110.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1981. No. 25447. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Water 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 1980-81 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Capital Outlay from Revenue (1) ........................ $2,419,908.97 (1) Back Creek Water Supply (A02511096501) ...... $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 5th day of January, 1981. No. 25448. AN ORDINANCE authorizing the appropriate City officials to execute a contract with Alvord, Burdick & Howson to provide certain professional engineering services relating to the Back Creek Water Supply Development; 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, respectively, a written contract with Alvord, Burdick & Howson, Engineers, of Chicago, Illinois, for the provision by such firm of certain engineering services relating to the Back Creek Water Supply Development, such services being more particularly set forth in the report of the City Manager to Council, dated January 5, 1981, and the attachments thereto. 2. The maximum compensation to Alvord, Burdick & Howson shall not exceed $16,000.00 without further approval of this Council. 3. The form of the contract with Alvord, Burdick & Howson will be approved by the City Attorney. 4. The City Manager is directed to advise Roanoke County that if any further information is desired by the County with regard to the Back Creek Water Supply Development, the City will expect the County to bear the cost of obtaining the same. 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 3 7 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1981. No. 25449. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Title XX Protective Services to Adults (1) ........................ $10,437.14 Developmental Day Program for Adults (2) ................. 25,151.43 Employment (3) ........................................... 98,650.27 Services to Disabled Individuals (4) ..................... 16,744.03 Family Personal Adjustment Counselling (5) ............... 34,184.87 REVENUE Title XX Title XX Receipts (6) .................................... 188,424.00 (1) Protective Services to Adults (A01532020060) $ 3,406.87 (2) Developmental Day Program for Adults (A01532020063)--- 3,864.18 (3) Employment (A01532020066) 33,316.69 (4) Services to Disabled Individuals (A01532020068) 3,688.51 (5) Family/Personal Adjustment Counselling (A01532020070)- 10,220.69 (6) Title XX Receipts (R01083530) 54,496.94 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 5th day of January, 1981. No. 25450. A RESOLUTION authorizing the dismissal of a certain matter of pending litigation and providing for the disbursement of an escrow account established in connection with such litigation. WHEREAS, in the matter of Roanoke County Public Service Authority v. City of Roanoke (Chancery No. 5792) and Le Chateau of Franklin Road, Inc., v. Roanoke County Public Service Authority, et al. (Chancery No. 5893), both the City of Roanoke and the Roanoke County Public Service Authority contended that they had the right to provide service to new sewer customers in the area annexed to the City effective January 1, 1976, and the Circuit Court of the City of Roanoke authorized the Roanoke County Public Service Authority to provide such service during the pendency of this litigation and further provided for an escrow account into which the Authority would pay all connection and inspection fees and service or capacity charges; WHEREAS, by contract dated August 13, 1979, the City of Roanoke, Roanoke County and the Roanoke County Public Service Authority agreed that the City had the right to provide sewer service to new customers in the annexed area of the City on and after January 1, 1976, and that the City is entitled to receive the funds in the escrow account established in the above-referenced litigation "provided the City shall give a credit to the County/Public Service Authority for the amount paid by the Public Service Authority for treatment of sewage discharged by new customers for which such escrow account was established;" and WHEREAS, the County has now provided the City with substantially all information and data required by the August 13, 1979, contract, and it is, therefore, deemed appropriate to dismiss the above-referenced litigation between the parties; WHEREAS, this Council is desirous of putting those persons in the annexed area who became sewer customers and paid connection and inspection fees and capacity charges into such escrow account between January 1, 1976, and August 13, 1979, in the same financial position, insofar as possible, that they would have been had they been treated initially as City sewer customers; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Attorney is hereby authorized to seek dismissal of the matter of Roanoke County Public Service Authority v. City of Roanoke (Chancery No. 5792) and Le Chateau of Franklin Road, Inc., v. Roanoke County Public Service Authority, et al. (Chancery No. 5893), pending in the Circuit Court of the City of Roanoke, with the City to receive the total funds contained in the escrow account established pursuant to the Court's decree of March 8, 1977, and with the City to pay the County $16,994.90 which is the amount of credit to which the County is entitled for treatment of sewage discharged by new customers for which said escrow account was established; and 2. The Director of Finance shall, upon application and presentation of proper documentary evidence, reimburse to persons who became new sewer customers in the most recently annexed area of the City between January 1, 1976, and August 13, 1979, the difference between connection and inspection fees and capacity charges collected by Roanoke County Public Service Authority and paid into the above-described escrow account and any applicable connection and inspection fees and capacity charges of the City which fees and charges would have been paid to the City had such persons been connected as City customers initially; and, in addition, each such person shall be entitled to the proportionate amount of interest earned by such escrow account on the amount to be reimbursed to him by the City. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1981. No. 25452. AN ORDINANCE amending and reordaining subsection (a) of Section 35-46, Limitation on lensth of boat and size of motor, and Section 35-51, Prudent operation required; speed limits, Code of the City of Roanoke (1979), as amended, to establish guidelines for horsepower and speed limits with respect to boat operations on Carvins Cove; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of Section 35-46, Limitation on length of boat and size of motor, and Section 35-51, Prudent operation required; speed limits, Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows: Section 35-46. Limitation on length of boat and size of motor. (a) It shall be unlawful for any person to operate on the reservoir any boat exceeding twenty (20) feet in length or any boat powered by a motor exceeding the maximum recommended horsepower as indicated on the boat by its manufacturer or, in the absence of such indication, the appropriate horsepower capacity set forth in 33 Code of Federal Regulations Section 183.53, "Horsepower Capacity" (July 1, 1979), as the same may be from time to time amended. Section 35-51. Prudent operation required; speed limits. Every operator of a boat on the reservoir shall at all times navigate and operate the same in a careful and prudent manner and at such a rate of speed as not to endanger the life, limb or property of any person; but in no case shall such rate of speed exceed 25 miles per hour. No person shall operate any boat at speeds in excess of slow range when within: (1) Seventy-five (75) yards of any pier. (2) Fifty (50) yards of any shore line. (3) Twenty (20) yards of another boat. 372 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 January, 1981. No. 25441. AN ORDINANCE establishing new charges for Class I and Class II sanitary sewer users and for certain bulk sewer customers pursuant to contract and providing for an effective date for such user charge increases. WHEREAS, in order to provide revenue for the City's necessary operation, maintenance and improvement of the Sewage Treatment Plant and the sanitary sewer system, it is incumbent upon this Council to make appropriate adjustments to the rate schedule for such service; WHEREAS, this City's Sewage Treatment Plant serves as a regional facility, and the City has entered into contracts with Roanoke County, the City of Salem and the Town of Vinton to accept, transport and treat certain sewage and wastes originating in such other jurisdictions, and such contracts provide for immediate adjustment of charges if additional costs are incurred by the City due to the need for or requirement of additional treatment of wastes or additional facilities for proper transportation, handling or treatment of wastes; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. There is hereby imposed by the City upon Class I and Class II sanitary sewer users, as defined in Section 26-43, Code of the City of Roanoke (1979), as amended, discharging water, sewage or effluents into the City's sanitary sewer system through facilities owned or controlled by them, or permitting others so to do, for the treatment and disposal of such sewage, the following charges: Class I User Charges Class II User Surcharge $ 1.01/100 cu. ft. FLOW $ 0.111/1000 gal. BOD $ 44.97/1000 lbs. SS $ 35.69/1000 lbs. P $325.09/1000 lbs. TKN $382.60/1000 lbs. 2. Pursuant to Paragraph IV, Subparagraph D of the City's sewage treatment contracts with Roanoke County, City of Salem and Town of Vinton, dated March 17, 1972, February 29, 1972, and March 22, 1972, respectively, the City hereby increases the charge for transportation, handling and treatment of wastes from each jurisdiction by twentyfive percent (25%). 3. This ordinance shall be in full force and effect on all billings prepared on and after February 1, 1981. 4. The City Clerk is directed to forward an attested copy of this ordinance to the Clerks of Roanoke County, City of Salem and Town of Vinton. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1981. No. 25451. AN ORDINANCE authorizing the sale and conveyance of certain real estate owned by the City and located on the southwest corner of Courtland and Liberty Roads, N. W., Roanoke, Virginia, designated as Official Tax No. 2060757, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor be, and he is hereby authorized, empowered and directed to execute, for and on behalf of the City, the City's deed conveying with special warranty of title real estate located on the southwest corner of Courtland and Liberty Roads, N. W., Roanoke, Virginia, designated as Official Tax No. 2060757, for a consideration of $10,000.00 to Mr. David M. Hartman, who shall pay all costs of title transfer, said deed to be approved as to form by the City Attorney. 2. The City Clerk be, and she is hereby authorized and directed to affix to the aforesaid deed the City's seal, and to attest the same, the signature of the Mayor and of the City Clerk to be acknowledged by each of them as provided by law. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1981. No. 25457. A RESOLUTION authorizing the City Manager and City Attorney to determine the appropriate action necessary to insure adequate funding of a system of quality elementary and secondary education by the Commonwealth of Virginia. WHEREAS, the participation of the Commonwealth of Virginia in funding a system of quality elementary and secondary education in the Commonwealth of Virginia has decreased in recent years in that the Standards of Quality adopted by the General Assembly have not been fully funded; and WHEREAS, the disparity between the actual per pupil cost and the cost per pupil establishedl, by the General Assembly has increased to $184 per pupil for the 1980-81 school year and is projected to increase to $274 per pupil for the 1981-82 school year based on the school funding appropriation of the General Assembly in 1980; and WHEREAS, the continuing increase in the per pupil cost of education and the difference between the actual cost and the established cost of education in the Commonwealth of Virginia must be borne by the local government; and WHEREAS, Article VIII, Sections i and 2 of the Constitution of Virginia placed the burden on the General Assembly of Virginia to provide for a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth and to seek to assure that an educational program of high quality is established and continually maintained by appropriate state and local funding; and WHEREAS, the basic school aid formula adopted by the Commonwealth appears to discriminate against less affluent core cities which have the greatest need for educational funds as reflected by standardized tests, and such cities also have the lowest median incomes and are already making the greatest local tax effort; and WHEREAS, the cost of education is but one of the continually increasing demands on the resources of local government. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and City Attorney be, and they hereby are, authorized to determine in coordination with the Roanoke City School Board and Superintendent of Schools the appropriate action necessary to insure adequate funding of a system of quality elementary and secondary education by the Commonwealth of Virginia. 374 2. An attested copy of this resolution and the communication of Councilman Landis relating thereto shall be forwarded by the City Clerk to the City's representatives at the 1981 Session of the General Assembly and to the Chairman and Members of the Roanoke City School Board and the Superintendent of Schools. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1981. No. 25458. AN ORDINANCE to amend and reordain certain sections of the Capital Projects Fund Appropria~i 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 1980-81 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Mass Transit Facilities .................................. $445,000.00 Intermodal Transportation Center - Local Match (1) ...................................... 20,000.00 (1) Appropriated from General Revenues (A08190190203) .$20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1981. No. 25459. A RESOLUTION authorizing the Director of Finance temporarily to advance to Greater Roanoke Transit Company (GRTC) City funds for capital expenses of GRTC in connection with the acquisition by GRTC of land for the Intermodal Transportation Terminal; ratifying actions of the Director of Finance taken in this regard; approving GRTC's taking title to this real estate; authorizing the appropriate City officials to take appropriate action to this end; and ratifying actions taken by such officials in this matter. WHEREAS, the City has entered into contracts with Carben Corporation, The Masinter Partnership, Edmund P. Goodwin and others, and James Kirk Dille and others for the purchase of real estate lying in the City of Roanoke, Virginia on the west side of Campbell Avenue, S. W., for the proposed Intermodal Transportation Terminal (the Project); WHEREAS, the United States Urban Mass Transportation Administration, which is making a grant to finance the Project, required that title to this property be taken by Greater Roanoke Transit Company (GRTC), the grant recipient; WHEREAS, on December 22, 1980, this Council orally authorized the Director of Finance to make funds available to GRTC to purchase the real estate needed for the Project, which funds, for the most part, will be reimbursed from grant monies to be received; WHEREAS, ordinances of this City have authorized the City Manager to consur~nate these land acquisitions; and on December 22, 1980, this Council orally approved the plan to have GRTC take title to this real estate; WHEREAS, it is appropriate that these actions be formalized. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council authorizes the Director of Finance temporarily to advance to GRTC City funds for capital expenses of GRTC in connection with the acquisition by GRTC of land for the Project, against reimbursement from grant funds and from funds heretofore or simultaneously appro- priated for this purpose, as set forth in a report of the Assistant City Manager, dated January 12, 1981 on this subject, and does hereby ratify such actions already taken. 2. This Council approves GRTC's taking title to the real property necessary for the Project, authorizes the appropriate City officials to take such actions necessary to effect this plan and does hereby ratify such actions already taken. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1981. No. 25460. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Sanitary Sewers (1) ........................................ $660,910.71 Sewage Lateral Replacement (2) ............................. 444,772.38 Murray Run Sanitary Sewer (3) .............................. 452,956.25 Wells Avenue and Second Street, N. E.(4) ................... 2,483.64 Capital Improvement Reserve (5) ........................... 7,250,760.34 (1) Appropriated from General Revenues (A08220190703)--$(8,684.00) (2) Appropriated from General Revenues (A08220190103)-- 8,684.00 (3) Appropriated from General Revenues (A08220190503)-- (86,329.75) (4) Appropriated from General Revenues (A08210190203)-- (4,560.36) (5) Completed Projects Excess Appropriations (A08310172502) 90,890.11 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of January, 1981. No. 25461. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Norwood Street Storm Drain (1) .......................... $702,957.99 Accounts Receivable - Norwood Street Storm Drain (2) .... 20,000.00 (1) Appropriated from General Revenues (A08220191703)--$20,000.00 (2) Accounts Receivable - Norwood Street Storm Drain (X08111502) 20,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1981. No. 25462. A RESOLUTION accepting and authorizing the acceptance of grants made to the City of Roanoke by the United States Department of the Interior Heritage Conservation and Recreation Service and by the Virginia Commission of Outdoor Recreation for the rehabilitation of five City parks; and authorizing the City Manager to execute any required documents relating to such grants. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the United States Department of the Interior Heritage Conservation and Recreation Service of an Urban Park and Recreation Recovery (U.P.A.R.R.) Rehabilitation Grant in the amount of $253,725.00 for the rehabilitation of five neighborhood parks in the City. 2. The City of Roanoke hereby authorizes the City Manager to accept an offer of the Virginia Commission of Outdoor Recreation of $44,775.00 on a reimbursement basis as the required matching funds necessary for the City to receive a U.P.A.R.R. grant. 3. The City Manager is hereby authorized to accept, execute, and file on behalf of the City the requisite documents to accept the aforesaid grants, including any special conditions attaching thereto, and he is authorized and directed to furnish such additional information as may be required by the Federal or State governments in connection with the City's acceptance of the aforesaid grants, or with the implementation of the park rehabilitation project. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1981. No. 25453. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 411, 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 adjacent tracts of land fronting on Tazewell Avenue, S. E., Roanoke, Virginia, and designated as 1022 and 1024 Tazewell Avenue, S. E., and designated on the tax appraisal map of the City of Roanoke, Virginia, as numbers 4111328 and 4111329 rezoned from General Residential District, to Light Manu- facturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from General Residential 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 12th day of January, 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. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on Tazewell Avenue, S. E., and described as 1022 and 1024 Tazewell Avenue, S. E., designated on Sheet 411 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Numbers 4111328 and 4111329 be, and is hereby, changed from General Residential District, to Light Manufacturing District, subject to the conditions proffered by and set forth in the applicant's amended application for rezoning, and that Sheet No. 411 of the aforesaid map be changed in this respect. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1981. No. 25454. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 637, 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 tract of land on the southerly side of Cove Road east of Peters Creek Road containing 2.47 acres, known as Official Tax No. 6370108, be rezoned from RG-1, General Residential District, to C-2, General Commercial District, and that adjacent tracts containing 2.37 acres and 2.31 acres, respectively, designated as Official Tax Nos. 6370109 and 6370110, be rezoned from RS-3, Single Family 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-1, General Residential District and RS-3, Single Family Residential District to C-2, General Commercial District; the said rezoning to be subject to the conditions proffered by the applicants in their 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 12th day of January, 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 second amended petition, 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. 637 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 Cove Road east of Peters Creek Road containing 2.47 acres, known as Official Tax No. 6370108, be and is hereby, changed from RG-1, General Residen- tial District, to C-2, General Commercial District, and that adjacent tracts containing 2.37 acres and 2.31 acres, respectively designated as Official Tax Nos. 6370109 and 6370110, be and are hereby, changed from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to the conditions proffered by and set forth in the applicant's second amended petition for rezoning,i and that Sheet No. 637 of the aforesaid map be changed in this respect. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1981. No. 25455. AN ORDINANCE permanently vacating, discontinuing and closing Mill Street, N. E., from the easterly side of Kimball Avenue, N. E., to the westerly side of lands of Norfolk and Western Railway Company, in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Roanoke Gas Company, 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 street, which is more particularly described hereinafter; and WHEREAS, Roanoke Gas Company did, on October 15, 1980, duly and legally publish as required by Section 15.1-364 of the 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 December 3, 1980, 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 meeting on January 12, 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 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 Roanoke Gas Company, 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: Mill Street, N. E., from the easterly side of Kimball Avenue, N. E., to the westerly side of lands of Norfolk and Western Railway Company, 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 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. Further reserving an easement 10 feet in width, the centerline of same being the centerlineii of the street herein vacated, extending the entire length thereof, to provide access to lands abutting said vacated street on the east for the benefit and use of fire and emergency vehicles of the City of Roanoke and for use by lands of Norfolk and Western Railway Company for access as may be deemed necessary by it; said reservation not to preclude the fencing and securing of said vacated street so long as access is made available as reserved at all times, these conditions to be binding on all successors and assigns of the City of Roanoke, Norfolk and Western Railway Company and Roanoke Gas Company. 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, and that said vacated street be assessed one-half as a part of Tax Appraisal Map No. 3030217 and one-half as a part of No. 3030301. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of Roanoke Gas Company 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 26th day of January, 1981. No. 25456. AN ORDINANCE amending and reordaining Section 20-28, Tax imposed and 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, as amended by Ordinance No. 25369, adopted November 10, 1980, in order to limit certain vehicle license taxes and to alter the description of the City's motor vehicle decal; and providing for an effective date for this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-28, Tax imposed and 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, as amended by Ordinance No. 25369, adopted November 10, 1980, are amended and reordained as follows: Section 20-28. Tax imposed. (a) An annual license tax is hereby imposed on all motor vehicles, trailers and semi-trailers operating within the city. Except as herein- after provided, the taxes upon respective types of vehicles shall be in the same amounts as the annual registration fees for the same kinds of vehicles imposed by Sections 46.1-149(a) (excluding subsections (al) and (a2)), 46.1-150, 46.1-154(a) (using the "Private Carriers" column only), 46.1-155 and 46.1-157(a) and (b), Code of Virginia (1950), as amended, as those sections may be from time to time amended, where those sections cover subjects proper for taxation by this city, provided that in no case shall a tax computed under the applicable provisions of Section 46.1-154(a), Code of Virginia (1950), as amended, be more than $66.00. Classification of motor vehicles, trailers and semi-trailers for license taxation and computation of these taxes shall be accomplished according to the terms and conditions set forth in the above state statutes, where such terms and conditions properly affect and govern such taxation by this city. (b) 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. Section 20-32. Plate, tag or decal - Issuance; contents and color of decals. ATTEST: (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 3 inches square. On the decal will be printed "City of Roanoke, Va." and there will be shown thereon a ridge of mountains, a five pointed star, a registration number and an expiration date, in appropriate colors. The colors of the decal will be light blue, dark blue, and white, which the commissioner of revenue may alternate from year to year for ease of identification. 2. This ordinance shall be in full force and effect on and after April 15, 1981. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1981. No. 25463. A RESOLUTION welcoming the return to freedom of the fifty-two Americans held hostage in Iran since November 4, 1979, expressing the joy and thanksgiving of the City for their return, and recognizing the sacrifices of the eight American servicemen who gave their lives in attempting to rescue the hostages. WHEREAS, the fifty-two Americans who were held hostage following the forceable taking of the United States embassy in Tehran, Iran, on November 4, 1979, have been released from their fourteen-and-one-half month period of captivity, and have returned to this country; WHEREAS, the Council and the citizens of this City join with their fellow Americans in expressing their joy and gratitude and thanksgiving for the safe return of the former hostages; WHEREAS, during this time of joy, Council wishes to recognize again the heroic sacrifice of the eight American servicemen who perished while attempting a humanitarian rescue of the hostages being held in Tehran; and WHEREAS, Sgt. John Davis Harvey, United States Marine Corps, a Roanoke native and graduate of Patrick Henry High School, was one of the servicemen who gave his life in attempting the dangerous and difficult rescue mission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this means of welcoming the return to freedom of the fifty-two Americans held hostage in Iran since November 4, 1979, and expressing the joy and thanksgiving of Council and all of the citizens of the City of Roanoke for their safe return. 2. Council recognizes the heroic contribution of the eight American servicemen who gave their lives after volunteering for a dangerous humanitarian mission to rescue the hostages. 3. At this time of thanksgiving, Council wishes again to extend its deepest sympathy and regret, and those of all citizens of the City of Roanoke, to the wife and family of Sgt. Harvey. 4. The City Clerk is directed to forward an attested copy of this Resolution to Sgt. Harvey's widow, Mrs. Alisa Hillman Harvey, and to his parents, Mr. and Mrs. John E. Harvey. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1981. No. 25464. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with E. C. Pace Company, Inc., for construction of a water main extension from King Street, N. E., to Wolf Creek in Vinton, authorized by Ordinance No. 25110; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager be and is hereby 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 E. C. Pace Company, Inc., dated May 19, 1980, authorized by Ordinance No. 25110, so as to provide for the following changes in the work to be performed, to-wit: CONTRACT AMOUNT $ 292,511.00 Relocation of water main location necessitating gravel backfill and replacement of pavement at $7.10 per foot for 763 feet Add $5,417.30 TOTAL CHANGE ORDER NO. 1 5,417.30 $ 297,928.30 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 Additional time resulting from Change Order No. 1 - None 2. 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 ~!ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1981. No. 25465. AN ORDINANCE to amend and reordain certain sections of the Capital Projects Fund Appro- priation, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of 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 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Public Buildings Main Library (1) ........................................... Williamson Road Branch Library (2) ......................... Raleigh Court Branch Library (3) ........................... $8,896,816.00 98,276.00 21,890.00 22,500.00 Fire Protection Fire Station No. 3 (4) ..................................... 73,788.54 17,130.00 Streets and Bridges Church Avenue Improvements (5) ............................. Campbell Avenue Improvements (6) ........................... Campbell Avenue Traffic Reduction (7) ...................... Downtown Street Lighting (8) ............................... 3,706,421.01 12,320.00 18,640.00 14,490.00 32,150.00 Recreation Parks - Franklin Road Trees (9) ............................ 131,877.50 4,260.00 Capital Improvement Reserve 3,522,960.34 Completed Projects Excess Appropriations (10) ............... 15,110.34 Public Improvement Bonds $3,487,674.00 Public Buildings (11) ........................................ 995,934.00 Parks (12) ................................................... 891,740.00 (1) Appropriated From Bond Funds (A08180191301) (2) Appropriated From Bond Funds (A08180191401) (3) Appropriated From Bond Funds (A08180191501) (4) Appropriated From Bond Funds (A08120190601) (5) Appropriated From General Revenue (A08210192103) (6) Appropriated From General Revenue (A08210192203) (7) Appropriated From General Revenue (A08210192303) (8) Appropriated From General Revenue (A08210192403) (9) Appropriated From Bond Funds (A08170190701) (10) Completed Projects Excess Appropriation (A08310172502) ..... ( (11) Public Buildings (A08310172602) ( (12) Parks (A08310172603) ( $ 98,276.00 21,890.00 22,500.00 15,600.00 12,320.00 18,640.00 14,490.00 32,150.00 4,260.00 77,600.00) 158,266.00) 4,260.00) 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 January, 1981. No. 25466. AN ORDINANCE authorizing the City Manager to enter into nine architectural or engineering contracts in connection with the City's Downtown Century 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, the requisite contracts with those firms listed below, for architectural or engineering services in connection with the City's Downtown Century Project. These contracts shall incorporate the City's plans and specifica- tions made for such work and shall be in such form as approved by the City Attorney. The compensatiol to be paid by the City to these firms shall not exceed the respective amounts set forth below and shall be paid from funds heretofore or simultaneously appropriated for this purpose: Project Main Library Addi- tion Firm Frantz & Chappelear Architects Compensation $ 98,276 Williamson Road Branch Library William G. Wells & Associates $ 21,890 Raleigh Court Branch Bowling & Martin Associates Library $ 22,500 Fire Station No. 3 Smithey & Boynton Architects and Engineers $ 15,600 Campbell Avenue Improvements Mattern and Craig Consulting Engineers $ 18,640 Church Avenue Improvements Mattern and Craig Consulting Engineers $ 12,320 Campbell Avenue Traffic Reduction Kimley - Horn and Associates, Inc. $ 14,490 Franklin Road Trees Mattern and Craig Consulting Engineers $ 4,260 Downtown Street Lighting Hayes, Seay, Mattern & Mattern $ 32,150 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1981. No. 25467. AN ORDINANCE amending and reordaining Section 20-77, Parking meter zones, of the Code of the City of Roanoke (1979), as amended, to provide for certain additional holidays on which metered parking shall be free; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-77, Parking meter zones, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 20-77. Pa~king meter zones. The parking meter zones heretofore established in the city and in effect upon the passage of this section are hereby approved and ratified by the city council, and the operation, supervision and use thereof are expressly made subject to the provisions of this division. The city manager may, from time to time hereafter, upon any streets or parts of streets or other public places in the city where conditions so require, establish parking meter zones wherein the parking of vehicles may be controlled by coin-operated parking meters during any period from 8:00 a.m. to 6:00 p.m., each day except Saturdays, Sundays and upon New Year's Day, January 1; Lee-Jackson Day, the third Monday in January; George Washington Day, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October; Election Day, the Tuesday next following the first Monday in November; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; Christmas Day, December 25; or whenever any of such days shall fall on Saturday, the Friday next preceding such day, or, whenever any of such days shall fall on Sunday, the Monday next following such day. Individual parking spaces shall be designated within said zones by lines or markings on the street or curb or by signs or markers erected along said street or curb, or other public place. The privilege of parking vehicles in parking meter zones so established shall, by signs or markers placed on said parking meters, be limited to the period of time established by the city manager for the particular zone. Zones may be established setting the period of legal parking from one-fourth to one hour, one-fourth to two (2) hours or one-fourth to five (5) hours, in the dis- cretion of the city manager. The city manager is authorized to set apart, within the parking meter zones provided for herein, spaces for loading zones, bus stops, taxi stands and other places in which no parking shall be permitted. 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 January, 1981. No. 25468. AN ORDINANCE to amend and reordain certain sections of the 1980-81 General Fund and Capital Projects 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 1980-81 General Fund and Capital Projects Fund Appropriation Ordinances, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations: Non-Departmental (1 & 2) ........................................... $15,206,248.00 Capital Projects Fund Appropriations: Capital Improvement Reserve (3) ................................... $ 7,143,870.00 (1) Landfill Master Plan Update (A01914099925) $16,000.00 (2) Transfers to Capital Projects Fund (A01931037008)---(16,000.00) (3) Landfill Master Plan Update (A08310172508) (16,000.00) 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 26th day of January, 1981. No. 25469. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Director of Finance (1) ....................................... $ 374,367.00 Billings and Collections (2) .................................. 371,467.00 Director of Utilities and Operations (3) ...................... 77,284.00 Commonwealth's Attorney (4) ................................... 228,354.00 Police - Investigations (5) ................................... 830,432.00 Police - Patrol (6) ........................................... 2,934,596.00 Fire - Suppression (7) ........................................ 4,108,019.00 Fire - Training (8) ........................................... 17,820.00 Outreach Detention (9) ........................................ 77,626.00 Juvenile Probation House (10) ................................. 126,590.00 Crisis Intervention (11) ...................................... 148,756.00 Signals and Alarms (12) ....................................... 315,316.00 Refuse Collection (13) ........................................ 1,980,811.00 Social Services - Administration (14) ......................... 271,611.00 Social Services - Services (15) ............................... 3,519,778.00 Nursing Home (16) ............................................. 622,308.00 Library (17) .................................................. 743,824.00 City Information Systems (18) ................................. 778,801.00 Engineering (19) .............................................. 487,244.00 Materials Control (20) ........................................ 531,674.00 Management Services (21) ...................................... 166,826.00 Communications (22) ........................................... 493,579.00 Street Maintenance (23) ....................................... 2,284,353.00 Utility Line Facilities (24) .................................. 1,333,377.00 Building Maintenance (25) ..................................... 1,560,279.00 Custodial Services (26) ....................................... 501,717.00 Grounds Maintenance (27) ...................................... 1,056,061.00 Motor Vehicle Maintenance (28) ................................ 946,470.00 Personnel Lapse Contingency (29 & 30) ......................... (278,180.00) (1) Salaries and Wages (A01123110002) (2) Salaries and Wages (A01123210002) (3) Salaries and Wages (A01125010002) (4) Salaries and Wages (A01221010002) (5) Salaries and Wages (A01311210002) (6) Salaries and Wages (A01311310002) (7) Salaries and Wages (A01321310002) (8) Salaries and Wages (A01321410002) (9) Salaries and Wages (A01333010002) (10) Salaries and Wages (A01335010002) (11) Salaries and Wages (A01336010002) (12) Salaries and Wages (A01416010002) (13) Salaries and Wages (A01421010002) (14) Salaries and Wages (A01531110002) (15) Salaries and Wages (A01531410002) (16) Salaries and Wages (A01534010002) (17) Salaries and Wages (A01731010002) (18) Salaries and Wa~es (A06160110002) $(5,740.00) ( 99o.oo) (5,725.00) (1,100.00) (30,000.00) (45,OOO.OO) (3,950.00) (1,350.00) (1,ooo.oo) (3,550.00) (1,765.00) (3,070.00) ( 275.00) (3,000.00) (6,150.00) (1,200.00) (1,700.00) ( 365.00) (21) Salaries and Wages (A06161710002) ....................... $(2,020.00) (22) Salaries and Wages (A06161910002) (23) Salaries and Wages (A06262110002) (24) Salaries and Wages (A06262510002) (25) Salaries and Wages (A06263110002) (26) Salaries and Wages (A06263210002) (27) Salaries and Wages (A06263510002) (28) Salaries and Wages (A06264010002) (29) Personnel Lapse (A01941010025) (30) Personnel Lapse (A06360110025) (3,415.00) (10,700.00) (20,250.00) (8,27O.OO) (4,625.00) (11,550.00) (16,710.00) 115,565.00 83,780.00 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 January, 1981. No. 25470. A RESOLUTION commending Cabell B. Bowles for his courageous actions in thwarting a convenience store robbery in the City. WHEREAS, on Sunday, January 11, 1981, Cabell B. Bowles, observed an armed robbert at a convenience store on Grandin Road in the southwest section of the City, and, after a struggle and at great risk to himself, detained one of the culprits until City police arrived; and WHEREAS, this Council desires to commend Mr. Bowles for his actions and his fine display of good citizenship, and to express its wishes for a quick recovery from the injuries that he suffered. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Council hereby commends Cabell B. Bowles for his brave and courageous action and his good citizenship in single-handedly thwarting a robbery of a convenience store in the City on Sunday, January 11, 1981, and wishes him a speedy recovery from the injuries that he suffered. 2. The City Clerk is hereby directed to send an attested copy of this Resolution to Mr. Bowles. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of January, 1981. No. 25471. 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 the aforesaid Coopera- tion Agreement be amended by the deletion of subparagraph 8(b) of that Agreement, which now requires that no two of the units to be rehabilitated be located in the same hundred block of any street, 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, deleting the present subparagraph 8(b) of the said Agreement; such amendment 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 26th day of January, 1981. No. 25472. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriations Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Education ................................................. $34,640,829.88 Roanoke City Public Schools (1) ......................... 34,612,383.00 REVENUE Grants-in-Aid Commonwealth ................................ 31,130,763.35 State and Federal Programs (2) .......................... 3,119,799.00 (1) State and Federal Programs (A01611085201) (2) State and Federal Programs (R01062025) $44,277.00 44,277.00 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 February, 1981. No. 25473. A RESOLUTION commending Mrs. Carol T. Yosafat for being selected by the Virginia State Department of Education as Teacher of the Year in the Commonwealth of Virginia. WHEREAS, Mrs. Carol T. Yosafat has, for the past sixteen years, been a teacher of English, speech and drama at Woodrow Wilson Junior High Schooland in such capacity has demonstrated a keen sensitivity to the needs of her students and a strong commitment to the education of the young people of this city; and and WHEREAS, Mrs. Yosafat has also been very active in civic, community and religious work; WHEREAS, Mrs. Yosafat was chosen to be the Roanoke City Teacher of the Year for the past year; and WHEREAS, Mrs. Yosafat was recently selected from among all of the teachers in the Commonwealth of Virginia to be the Virginia Teacher of the Year, a singular honor which will qualify her for the National Teacher of the Year competition; and WHEREAS, this Council wishes to congratulate and commend Mrs. Yosafat for the honor which she has brought to herself, to Woodrow Wilson Junior High School, the Roanoke City Public Schools and the City of Roanoke, as a whole. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Council hereby commends Mrs. Carol T. Yosafat for her outstanding achievement and wishes her every success in the classroom and in the National Teacher of the Year compe- tition. 2. The City Clerk is hereby directed to send an attested copy of this resolution to Mrs. Yosafat, to the Roanoke City School Board and to Woodrow Wilson Junior High School. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1981. No. 25474. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Community Development (1-3) .................................. $11,960,938.09 REVENUE Community Development (4) .................................... 11,960,938.09 (1) Other Program Income (A35667900406) (2) Unprogrammed C.D.B.G. Nonsettlement (A35667900408) (3) Unprogrammed C.D.B.G. Rehabilitation Loans (A35667900407) (4) Other Program Income and Payments (R35666603) $ 3,100.00 4,520.00 2,674.08 10,294.08 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 February, 1981. No. 25475. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sewage Treatment Fund ........................................ $10,720,849.88 Personal Services (1) ...................................... Fringe Benefits (2) ........................................ 145,868.00 32,303.00 (1) Salaries & Wages (A03210310002) $5,452.00 (2) Retirement Contributions (A03210311005) ..... 1,473.00 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 February, 1981. No. 25476. A RESOLUTION authorizing the appropriate City officials to reimburse Roanoke County for the cost of constructing the new segment of water line in Dent Road, N. W., Roanoke County. WHEREAS, the water-sewer contract of August 13, 1979 between the City and Roanoke County (the contract) cast some doubt upon the intent of the parties that the City would retain ownership of the existing short segment of 8-inch water line in Dent Road from William Road to Darby Road (the water line); WHEREAS, Roanoke County began construction of an extension of the water line before this matter could be resolved; WHEREAS, the matter was then resolved by the parties' agreement that the City owned the water line and its extension, but would reimburse Roanoke County for the cost of the extension now completed in Dent Road, which plan conforms to the parties' intent under the contract. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the appropriate City officials are authorized and directed to reimburse Roanoke County $17,767.57, from funds heretofore or simultaneously appropriated for this purpose, representing the cost of the recent extension of the water line in Dent Road. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1981. No. 25477. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Sewage Treatment Fund ...................................... $10,936,924.88 Restoration and Construction (1) ......................... 254,000.00 (1) Restoration and Construction (A03210330045) .... $223,000.00 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 February, 1981. No. 25478. AN ORDINANCE providing for the construction of a new lagoon and an addition to a lagoon 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 certain other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposal of J. and H. Grading Co., of Dry Fork, Virginia, for furnishing all necessary equipment, labor and materials for construction of a new lagoon, No. 5, and an addition to Lagoon No. i at the Sewage Treatment Plant, being the lowest and best bid made in full accordance with the City's plans and specifications, for the total sum of $201,829.00, 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 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 3,""40 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 1981. No. 25479. AN ORDINANCE authorizing the appropriate City officials to negotiate the settlement of certain condemnation actions in connection with the Southern Hills Storm Drain Project; repealing in part a prior ordinance on this subject; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The appropriate City officials are authorized for and on behalf of the City to negotiate with the following landowners to settle certain condemnation actions, pending in the Circuit Court for the City of Roanoke, Virginia under the style of City of Roanoke v. G. H. Board, et al., under the terms and conditions set out below: mo Ernest Arrington: Compensation of $3,000 plus the City's taking of the landowners' entire tract lying on the east side of Southern Lane, S. W., Roanoke, Virginia, Official Tax No. 5480716; B. G.H. Board: Compensation of $6,000.00; Roy C. Kinsey Sign Company, Inc.: Compensation of $21,031.00. Such officials are further authorized to take reasonable and customary steps to effect these settlements. 2. Insofar as Ordinance No. 25144, adopted June 9, 1980, conflicts with the provisions hereof, it 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. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1981. No. 25480. A RESOLUTION relating to meeting places for the regular meeting of the Council of the City of Roanoke to be held on February 9, 1981. WHEREAS, Rule 1 of the Rules of Procedure of the Council of the City of Roanoke, as set forth in Section 2-15, Code of the City of Roanoke (1979), as amended, provides that all regular meetings of the Council shall be held in the Council Chambers, Room 450, of the Municipal Building in this City; WHEREAS, this Council is desirous of moving a portion of its regular meeting of February 9, 1981, to the Exhibit Hall of the Roanoke Civic Center; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the regular meeting of Council scheduled for February 9, 1981, shall be recessed at approximately 8:15 p.m. and that such meeting shall be reconvened as soon as practicable at the Exhibit Hall of the Roanoke Civic Center for the purpose of concluding the business of Council. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1981. No. 25481. A RESOLUTION authorizing the City Manager to file a preliminary application with the United States Department of Transportation, Federal Highway Administration, for a $210,000 grant to fund a pavement marking demonstration project in the City. WHEREAS, the United States Department of Transportation, Federal Highway Administration, has devised and made funding available for pavement marking demonstration programs in order to improve the pavement markings of highways and to demonstrate the value of imp.roved visibility markings for greater vehicle and pedestrian safety; WHEREAS, the City desires to upgrade its existing pavement markings and to install such markings on streets not yet marked; WHEREAS, the City acknowledges its responsibility should it receive a grant from the Federal Highway Administration to comply with the reporting requirements of that agency; and WHEREAS, should the City receive a grant from the Federal Highway Administration, the program itself would be administered through the Virginia Department of Highways and Transportation. THEREFORE, BE IT RESOLVED that the City Manager is authorized to file a preliminary application with the United States Department of Transportation, Federal Highway Administration, through the Virginia Department of Highways and Transportation, for a $210,000 grant to fund a pavement marking demonstration project in this City, as described in a report of the City Manager to the Council dated February 9, 1981, such application to be approved by the City Attorney as to form. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1981. No. 25482. AN ORDINANCE authorizing the City Manager to accept the dedication of a portion of Lytham Drive, S. W.; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to accept from Nelson R. Martin and Ruby Y. Martin the dedication of a portion of Lytham Drive, S. W., Roanoke, Virginia, between the present terminus of Lytham Drive and Woodmar Drive, described on Roanoke City Plan No. 5695-D, dated August 25, 1980. 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 February, 1981. No. 25483. A RESOLUTION designating the Roanoke Redevelopment and Housing Authority as the City's local urban homesteading agency. BE IT RESOLVED by the Council of the City of Roanoke that the Roanoke Redevelopment and Housing Authority (RRHA), be and it is hereby designated as the City's local urban homesteading agency for all purposes relating to the implementation of the Urban Homesteading Program authorized by Council by Resolution No. 25374, adopted November 10, 1980, or any urban homesteading program implemented pursuant to the provisions of the Housing and Community Development Act of 1974. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1981. No. 25484. AN ORDINANCE amending and reordaining Section 26-43, Definitions, subsection (c) of Section 26-59, User charges and added costs, and Section 26-60, Schedule of charges, of the Code of the City of Roanoke (1979), as amended, in order to eliminate the Industrial Cost Recovery feature from the system of charges for users of sanitary sewer facilities; and providing for an el~ergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 26-43, DefinitiOns, subsection (c) of Section 26-59, User charges and added costs, and Section 26-60, Schedule of charges, of the Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: Section 26-43. Definitions. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: Approving authority means the city manager or his duly authorized representative. BOD (biochemical oxygen demand) means the quantity of oxygen by weight, expressed in mg/1, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade. Building sewer means the extension from the building drain to the public sewer or other place of disposal (also called house lateral and house connection.) Class I user means any person discharging normal domestic wastewater into a sanitary sewer and any industrial user discharging Group B waste- water into the sanitary sewer. Class II user means any person discharging Group A wastewater into a sanitary sewer. COD (chemical oxygen demand) means the measure, expressed in mg/1, of the oxygen consuming capacity of inorganic and organic matter present in water or wastewater, expressing the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. COD-BOD ratio means the ratio of the value of COD to BOD as these values are defined above. COD (soluble) means the COD of the filtrate from wastewater that is filtered through a gooch crucible as required by the suspended solids test in "Standard Methods." Control manhole means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer. Control point means a point of access to a course of discharge before the discharge mixes with other discharges in the public sewer. Garbage means animal and vegetable wastes and residue from the preparation, cooking and dispensing of food, and from the handling, processing, storage and sale of food products and produce. Group A wastewater means wastewater discharged into the sanitary sewers in which any one of the parameters below are more than the given loading: Parameter Average Daily Monthly Composite Total suspended solids (TSS) .......... 62.5 lbs./day Biochemical oxygen demand (BOD) ....... 62.5 lbs./day Total phosphorus (TP) ................. 3.75 lbs./day Total Kjeldahl nitrogen (TKN) ......... 4.50 lbs./day 75 lbs./day 75 lbs./day 4.5 lbs./day 5.4 lbs./day Group B wastewater means the discharge of permitted industrial wastewater not otherwise qualifying as Group A wastewater. Capital costs means a sum sufficient recovered by user charges computed by using the capital recovery factor for the average life of all capital items including capitalized 0 & M charges (unless collected separately) on which expenditures have been made or will have to be made for wastewater treatment facilities, processes or transmission lines. Capital costs may be adjusted from time to time to reflect cost experience. Incompatible waste means a waste which is not susceptible to adequate treatment by the wastewater treatment plant. Industrial user. Any nongovernmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under divisions A, B, D, E and I. Industrial waste means waste resulting from any process of industry, manu- facturing, trade or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater. Infiltration means water entering a sewer system, including service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is dis- tinguished from, inflow. Inflow means water discharged into a sewer system, including service connections, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage. It does not include, and is distinguished from, infiltration. Milligrams per liter (mg/1) means the same as parts per million and is a weight-to-volume ratio; the milligram-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or groundwater. Normal wastewater means wastewater discharged into the sanitary sewers in which the average concentration of total suspended solids and BOD is not more than 250 mg/1, total phosphorus is not more than 15 mg/1, total Kjeldahl nitrogen is not more than 18 mg/1, and total flow is not more than 30,000 gallons per day. Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity. Person includes' individual, corporation, organization, government or govern- mental subdivision or agency, business trust, estate, trust, partnership associa- tion and any other legal entity. ph means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in grams per liter. Plant means the City of Roanoke Regional Sewage Treatment Plant. Phosphorus (total) means the sum of the various types of phosphate expressed as elemental phosphorus found in wastewater. The various forms include ortho phosphate, condensed phosphates (pyro-, meta-, and poly-phosphates), and organic- ally bound phosphates. The concentration of total phosphate is determined by the "Standard Methods" test procedure. Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city. Sanitary sewer means a public sewer that conveys domestic wastewater or indus- trial wastes or a combination of both, and into which storm water, surface water, groundwater and other unpolluted wastes are not intentionally passed. Slug means any discharge of water, wastewater or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds, for any period longer than fifteen (15) minutes, more than five (5) times the average twenty- four (24) hour concentration or flows during normal operation. Standard Methods means the examination and analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. Storm sewer means a public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not inten- tionally passed. Storm water means rainfall or any other forms of precipitation. Suspended solids means solids measured in mg/1 that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by a laboratory filtration device. To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions. Total Kjeldahl nitrogen means the combined ammonia and organic nitrogen in a given wastewater, as measured by the "Standard Methods" test procedure. It does not include nitrate and nitrate nitrogen. Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances. Unpolluted wastewater means water containing: (1) No free or emulsified grease or oil. (2) No acids or alkalis. (3) No phenols or other substances producing taste or odor in receiving water. (4) No toxic or poisonous substances in suspension, colloidal state or solution. (5) No noxious or otherwise obnoxious or odorous gases. (6) Not more than ten (10) mg/1 each of suspended solids and BOD. (7) Color not exceeding fifty (50) units, as measured by the Platinum-Cobalt method of determination, as specified in "Standard Methods." User charge means the charge made to those persons who discharge normal wastewater into the city's sewage system. This charge shall include a propor- tionate share of any capital improvements to the system (capital costs). User surcharge means the charge made, in excess of the user charge, for all wastewater over and above the loading defined as normal wastewater. Waste means rejected, unutilized or superfluous substances, in liquid, gaseous or solid form, resulting from domestic, agricultural or industrial activities. Wastewater means a combination of the water-carried waste from residences, business buildings, institutions and industrial establishments, together with any ground, surface and storm water that may be present. Wastewater facilities includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes. Wastewater treatment plant means any city-owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial waste and sludges from the sanitary sewers. Wastewater service charge means the charge on all users of the public sewer whose wastes are treated at the plant and is the appropriate sum of the user charge and user surcharge. Watercourse means a natural or man-made channel in which a flow of water occurs, either continuously or intermittenly. 395 Section 26-59. User charges and added costs. (c) The schedule of charges pursuant to subsection (a) of this section shall include, but not be limited to: (i) Capital costs, including debt retirement and interest on debt, of the city's cost on all capital outlays for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating waste. (2) Operation and maintenance costs (capitalized), including but not limited to, salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead and office expense. Section 26-60. Schedule of charges. (a) Persons discharging wastewater shall pay a charge to cover the capital cost and the cost of collection and treatment of all wastewater discharged. (i) All Class I users discharging normal wastewater or Group B wastewater shall pay a user charge computed upon cost per volume of wastewater discharged. (2) Ail Class II users discharging Group A wastewater shall have their user charge computed upon a cost per unit volume basis for the base amount plus the unit cost of treatment for all over the base amount for volume, biochemical oxygen demand (BOD), suspended solids (SS), phosphorus (P) and total Kjeldahl nitrogen (N). In computing the contaminant loading, the parameter concentrations for normal wastewater will be considered as standard strength in determining the base amount in the effluent discharge flow. Initially, the responsibility for determining the contaminant loading for each category of establishment will be that of the approving authority. However, each establishment must verify its own contaminant loading monthly by initiating a sampling and analytical program at its own expense and with the approval of the approving authority. (b) The unit costs to be used to compute the charge for Class I and II users shall be established by the approving authority. The unit costs for all users and the allowances for normal wastewater for users may be revised as necessary to correspond to current costs and experience. Revisions may be made, no more often than once a year, upon approval of the approving authority. The user charge for users shall be computed as follows: Class I Users: Cu = Vu x Vd Class II Users: Cs = Vu x Vd + Vs Vc + Bs Bc + Ss Sc + Ps Pc + Ns Nc Cu = Charge for Class I users Cs = Charge for Class II users Vu = Unit cost of treatment chargeable to normal wastewater ($/1,000 gal.) Vd = Volume of wastewater from normal wastewater (1,000 gals.) Vs = Volume of Class II wastewater (1,000 gals.) in excess of Class I wastewater Vc = Cost of treating 1,000 gals. of Class II wastewater ($/1,000 gal.) Bs = Class II wastewater BOD contribution in excess of Class I wastewater limit (lbs.) Bc = Cost of treating Class II BOD contribution (S/lb.) Ss = Class II wastewater SS contribution in excess of Class I wastewater limit (lbs.) Sc = Cost of treating Class II SS contribution (S/lb.) Ps = Class II wastewater phosphorus contribution in excess of Class I wastewater limit (lbs.) Pc = Cost of treating Class II phosphorus contribution (S/lb.) Ns = Class II wastewater unoxidized nitrogen contribu- tion in excess of Class I wastewater limit (lbs.) Nc = Cost of treating Class II phosphorus contribution ($/i~.) 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:f.__~~~o City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1981. No. 25485. A RESOLUTION requesting reimbursement from the United States of America of certain Industrial Cost Recovery sewage treatment charges; and authorizing the proper City officials to reimburse certain local governments for funds paid to the City pursuant to the Industrial Cost Recovery Program and to establish a sewage treatment charge credit for certain city industries to give them the benefit of any reimbursement received. WHEREAS, pursuant to federal mandate, the City on May 1, 1977 instituted a program of Industrial Cost Recovery (ICR) in connection with the operation of the Sewage Treatment Plant. From that date to January 1981, the City has collected ICR charges from its own industries and from City of Salem and Town of Vinton and has paid a part of these funds to the United States of America (USA), pursuant to this program; WHEREAS, the United States Environmental Protection Agency (EPA) enacted a moritorium on remittance to USA of its portion of ICR charges, which moritorium lasted from January 1, 1978 through June 30, 1979. In August 1980, the moritorium was lifted and in December 1980, EPA repealed the ICR program, effective December 27, 1977; WHEREAS, because of these actions of EPA, the City is entitled to a refund from USA for those funds paid to USA after December 27, 1977; WHEREAS, if the City is successful in obtaining such a refund, it would be equitable to share the benefits thereof with its own industrial citizens which have made ICR payments to the City and with the City of Salem and Town of Vinton, which have collected and remitted ICR charges to the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. On behalf of the City, this Council hereby requests reimbursement from USA of all ICR funds collected by the City and remitted to USA on and after December 28, 1977. 2. When and if the City should obtain all or a substantial portion of this refund, the proper City officials are authorized and directed to reimburse City of Salem and Town of Vinton for their share of the ICR charges paid to the City on and after January 1, 1978 and to devise and effect a system to credit City industries that paid ICR charges to the City for their prorata share, based on amount paid, of 90% of the charges collected by the City from those industries beginning January 1, 1978, with the City retaining the remaining funds partially to offset the administrative expense of collecting and accounting for the ICR charges. 3. The City Clerk shall mail a certified copy of this resolution to the appropriate official at EPA, to the City Clerk of the City of Salem, and to the Town Clerk of the Town of Vinton. APPROVED ATTEST:f_~ ~ ~' City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1981. No. 25486. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordain~ to read as follows, in part: APPROPRIATIONS Sheriff's Training Grant #80-5161 (1-5) ........................ $7,465.00 (1) Stationery & Office (A35350830005) $(39.26) (2) Expendable Tools & Equipment (A35350830035)--- (36.54) (3) Books & Publications (A35350830047) (51.11) (4) Office Furniture & Equipment (A35350890005)--- (47.62) (5) Refund Balance (A35350895005) 147.53 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 February, 1981. No. 25487. AN ORDINANCE repealing Ordinance No. 24842, adopted September 10, 1979; amending and reordaining Section 32-1, Definitions, of the Code of the City of Roanoke (1979), as amended; amending the Code of the City of Roanoke (1979), as amended, by enacting new Sections 32-36, Director of Real Estate Valuation, Section 32-37, Appointment and ter~ and Section 32-37.1, General powers and assistants; the repealed ordinance, the amended section of the City Code and the added sections of the City Code relating to renaming the City Assessor as Director of Real Estate Valuatio~ the position of the new Office of Real Estate Valuation in the City government structure, appointment and term of the Director of Real Estate Valuation and general powers of the Director of Real Estate Valuation; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 24842, adopted September 10, 1979, is hereby REPEALED. 2. Section 32-1, Definitions, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-1. Definitions. The following words, when used in this chapter, shall have the following respective meanings, unless the context clearly indicates a different meaning: Assessment: The act of determining and fixing, for tax purposes, the value of real estate situate within the corporate limits of the City. Assessor: The Assessor of real estate for taxation, known in this City as the Director of Real Estate Valuation, and appointed pursuant to the provisions of Sections 32-36 through 32-37.1 of this chapter. Commissioner: The Commissioner of the Revenue of the City. License Inspector: The License Inspector of the City. Treasurer: The Treasurer of the City. 3. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new sections: Section 32-36. Director of Real Estate Valuation. The Assessor of real estate for taxation in this City shall be known as the Director of Real Estate Valuation. Whenever the term "assessor" shall appear in this Code, such term shall be deemed to mean the Director of Real Estate Valuation. Section 32-37. Appointment and term. The Director of Real Estate Valuation shall be appointed by the Council for an indefinite term and shall hold office during the pleasure of the Council. He shall be chosen on the basis of his executive, administrative and technical qualifications. Section 32-37.1. General powers and assistants. The Director of Real Estate Valuation shall be the administrative head of the office of Real Estate Valuation, and he shall be responsible to Council for the effective administration of such office. The Director shall have responsibility for the general management and control of the assessment of real estate for taxation, and, to assist him in performance of his duties, he may appoint such assistants as may be necessary, within the limitation of the funds provided for the purpose by Council. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its pas- sage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of February, 1981. No. 25488. A RESOLUTION authorizing the filing of an application with the United States Department of Housing and Urban Development for a current grant of Federal funds to permit implementing, continuing and carrying out a Community Development Block Grant Program. WHEREAS, under the terms of the Housing and Community Development Act of 1974, Public Law 93-383, 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 six fiscal years the City of Roanoke has commenced the implemen- tation of such programs, and the City needs further Federal assistance to continue to finance cer- tain 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; WHEREAS, City Council conducted a public hearing on February 9, 1981, relative to, and thereafter concurred in, a Community Development Block Grant Program for FY 1981-82 as proposed in a report to Council from the City Manager dated February 9, 1981, which program included a revised Housing Assistance Plan for the City; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager directed to execute and file on behalf of the City of Roanoke with the is hereby authorized and United States Department of Housing and Urban Development an application for a new grant of $2,393,00 Federal funds under Public Law 93-383 to aid in financing certain community development block grant programs for the seventh year, to be as set out in Federal forms prepared for the purpose of such application; and, in making such application, said 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 said 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1981. No. 25489. AN ORDINANCE permanently vacating, discontinuing and closing an 808 square foot unused portion of the public street located between the public sidewalk along Elm Avenue, S. E., and the northern boundary of the property owned by James Richard Willis, commonly known as 417 Elm Avenue, S. E., bearing Tax No. 4020411 and a ten foot unused alley located between the western boundary of the property of James Richard Willis and the property of American Oil Company, in the City of Roanoke Virginia, as are more particularly described hereinafter. WHEREAS, James Richard Willis, 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 and alley, which are more particularly described hereinafter; and WHEREAS, James Richard Willis, did on October 31, 1980, duly and legally publish as require 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 January 7, 1981, reported to Council and recommended that the hereinafter described street and alley be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on February 9, 1981, at 7:30 p.m., after due and timely notice thereof by publicatio~ 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 street and 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 street and alley, as requested by James Richard Willis, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain street and alley situate in the City of Roanoke, Virginia, and more particularly described as follows: BEING an 808 square foot unused portion of the public street located between the public sidewalk along Elm Avenue, S. E., and the northern boundary of the property owned by James Richard Willis, commonly known as 417 Elm Avenue, S. E., bearing Tax No. 4020411 and a ten foot unused alley located between the western boundary of the property of James Richard Willis and the property of American Oil Company 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 the fee simple title to the vacated portion of Elm Avenue, S. E. and the ten foot alley are vested in the owners of the abutting lots, 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 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 street and alley of any such municipal installation or utility by the owner hereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said street and alley on all maps and plats on file in his office on which said street and alley are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread and said, vacated 808 square foot portion of Elm Avenue, S. E., shall be assessed as part of Tax Appraisal Map Parcel No. 4020411 and the vacated ten foot alley shall be assessed one-half as part of Tax Appraisal Map Parcel No. 4020411 and one-half as part of Tax Appraisal Map No. 4020401. 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 James Richard Willis and American Oil Company and the names of any other parties in interest who may so request, as Grantees. APPROVED ATTEST: City Clerk Mayor 40O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1981. No. 25490. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Miscellaneous Grants ........................................ $188,203.00 Litter Control (1) ........................................ 7,927.00 REVENUE Miscellaneous Grants ........................................ 188,203.00 Litter Control (2) ......................................... 7,927.00 (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 23rd day of February, 1981. No. 25491. AN ORDINANCE expressing continued support for the Clean Valley Committee, Inc.; authorizing the Committee to coordinate a litter control program with Roanoke County, the City of Salem, and the Town of Vinton; authorizing the Committee to apply for and the City Manager to accept a grant on behalf of the City upon certain terms and conditions and to execute a contract with the Clean Valley Committee, Inc. for litter control services; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke endorses and supports a program to promote the enforcement of anti-litter statutes and ordinances and to enhance local litter control efforts for this City and expresses the intent to combine with the County of Roanoke, the City of Salem, and the Town of Vinton in a mutually agreed upon and coordinated program, contingent on approval of the Application by the Department of Conservation and Economic Development, Division of Litter Control, and contingen upon receipt of funds. 2. The City of Roanoke authorizes the Clean Valley Committee, Inc., to plan and budget for a cooperative anti-litter program, which shall represent said program for all localities named in this resolution; authorizes the Clean Valley Committee, Inc., to apply on behalf of all of the above-named localities for a grant, and to be responsible for the administration, implementation and completion of the program as set forth in the City Manager's report dated February 23, 1981, on file in the Office of the City Clerk; and further authorizes the City Manager to accept such grant on behalf of the City and, on behalf of the City, to enter into a contract with Clean Valley Committee, Inc. for litter control services. 3. The City of Roanoke accepts responsibility jointly with the Clean Valley Committee, Inc., and the County of Roanoke, the City of Salem, and the Town of Vinton for all phases of the program, and further accepts liability for its pro rata share of any funds ndt properly used or accounted for pursuant to the Regulations and the Application. 4. Said funds, when received, will be transferred immediately to the Clean Valley Committee, Inc. to be used in said coordinated program to which the City of Roanoke gives its full support and endorsement. 5. The City of Roanoke hereby requires the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve the application and program, said program being in accord with regulations governing use and expenditure of said funds. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1981. No. 25492. AN ORDINANCE awarding contracts for furnishing traffic paint and reflective glass traffic beads to the City; accepting bids made therefor; rejecting other bids; and providing for an emergency ITEM BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposals of the following bidders are ACCEPTED: SUCCESSFUL BIDDER TOTAL PRICE 3000 gal. traffic paint Yellow - 30-gal. drums (20 second drying) 1000 gal. Traffic paint White - 30-gal. drums (20 second drying) 250 gal. traffic paint White - 5-gal. drums (quick drying) 250 gal. Traffic paint Yellow - 5-gal. drums (20 second drying) Prismo Universal Corporation Prismo Universal Corporation $ 12,330 Prismo Universal Corporation $ 4,220 Prismo Universal Corporation Subtotal Less discount Total bid $ 2,410 35,000 lbs. reflective traffic beads - 50 lb. bags $ 2,760 $ 21,720 - $ i40 $ 21,580 Potter Industries Incorporated $ 7,553 TOTAL PURCHASE PRICE $ 29,133 2. The City's Manager of Purchasing and Materials Control is authorized and directed to issue the requisite purchase orders for the traffic paint and reflective glass beads, in accord- ance 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 traffic paint and reflective beads are hereby REJECTED. The City Clerk is directed to so notify each of these 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. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1981. No. 25494. AN ORDINANCE providing for the compensation to be paid by the City for the acquisition of a certain parcel of land needed by the City as a site for a landscaped mall on Church Avenue, S. E., in the City; authorizing the City Manager to execute a contract for purchase of the same; repealing any inconsistent provisions of Ordinance No. 25275; and providing for an emergency. WHEREAS, the City has initiated condemnation proceedings to acquire Lots 169 and 170, Roanoke Land and Improvement Company Map, bearing Official Tax Appraisal No. 4011308; WHEREAS, the owners of this parcel of land have, after negotiations with the City Attorney~l offered to sell the land to the City for the sum of $150,000.00; THEREFORE, 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 acquire the aforesaid property for the sum of $150,000.00, to execute an option agreement or contract of purchase for the same, if necessary, and upon delivery to the City of a good and sufficient deed of conveyance, approved as to form by the City Attorney, and upon certification of the title thereto, the Director of Finance be, and he is hereby authorized and directed to make payment of the consideration hereinabove set out, such payment to be made to such persons as are certified by the City Attorney to be entitled to the same. 2. To the extent that there may be any inconsistencies between the provisions of this Ordinance and Ordinance No. 25275, adopted by Council on August 11, 1980, the inconsistent provisions of Ordinance No. 25275 are hereby REPEALED. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of February, 1981. No. 25495. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Fifth District Employ- ment and Training Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1980-81 Fifth District Employment and Training Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Admin. Pool (1) ........................................... ,$ 616,950.00 Title II-AB (2) ............................................ 1,260,731.00 Title VII (3) .............................................. 52,577.00 Y.E.T.P. (4) ............................................... 310,637.00 Y.C.C.I.P. (5) ............................................. 80,824.00 Title VI (6) ............................................... 101,313.00 REVENUE Admin. Pool (7) ............................................ 616,950.00 Title II-AB (8) ............................................ 1,260,731.00 Title VII (9) .............................................. 52,577.00 Y.E.T.P. (10) .............................................. 310,637.00 Y.C.C.I.P. (11) ............................................ 80,824.00 Title VI (12) .............................................. 101,313.00 (1) Unobligated Admin. Pool (A34816099999) (2) Unobligated Title II-AB (A34816199999) (3) Unobligated Title VII (A34816799999) (4) Unobligated Y.E.T.P. (A34816399999) (5) Unobligated Y.C.C.I.P. (A34816499999) (6) Unobligated Title VI (A34816699999) (7) Admin. Pool (R34810101) (8) Title II-AB (R34810161) (9) Title VII (R34810167) (10) Y.E.T.P. (R34810163) (11) Y.C.C.I.P. (R34810164) (12) Title VI (R34810166) $ 21,800.00 142,121.00 52,577.00 (42,294.00) (5,489.00) (204,245.00) 21,800.00 142,121.00 52,577.00 (42,294.00) (5,489.00) (204,245.00) 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 2nd day of March, 1981. No. 25493. AN ORDINANCE to amend and reordain Section 32-17, By whom payable, and Section 32-124, When due and payable, of the Code of the City of Roanoke (1979), as amended, so as to provide for the collection of real estate taxes of public service corporations assessed for taxation by the State Corporation Commission on a fiscal year basis; establishing a short tax year of Ja~Luary 1, 1981, to June 30, 1981, and a tax rate for such short tax year. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-17, By whom payable, and Section 32-124, ¥~en due and payable, of the Code of the City of Roanoke (1979), as amended, be and said sections are hereby amended and reordained so as to read and provide as follows: Section 32-17. Date of valuation; by whom payable; tax year. Ail real estate shall be assessed for purposes of real estate taxation as of the first day of January of each year. Ail taxes annually imposed on real estate shall be payable by the persons who, on the first day of January in each and every year, are the respective owners of record thereof. The tax year for purposes of collection of city taxes on real estate assessed as of the first day of January next preceding, including real estate of public service corporations assessed for taxation by the State Corporation Commission, shall be the first day of July to the thirtieth day of June. Section 32-124. When due and payable. (a) The tangible personal property taxes of public service cor- porations shall become due and payable on the thirty-first day of May of the tax year for which such taxes are provided to be assessed, and all such taxes shall be paid on or before such day, in order to avoid the penalty prescribed for non-payment in time. At the time of payment of the last installment of real estate taxes (the fifth day of April next following), the total personal property taxes for the current tax year shall be adjusted between the City and any public service corporation affected on the basis of the assessment by the State Corporation Commission for the current tax year as provided in Section 58-848, Code of Virginia (1950), as amended, except when no last installment of real estate taxes is due in which case the total personal property taxes for the current tax year shall be ad- justed prior to the close of the current tax year. (b) The taxes upon the real estate and real estate improvements of public service corporations shall be due and payable during the tax year for which the same are assessed in two (2) installments as follows: Until the regular assessment of such properties by the State Corporation Commission for the current tax year is completed, one half of the taxes on the total real estate assessment for the preceding year shall be due on October fifth, and the balance on April fifth, at which time of payment of such last install- ment, the total of such real estate taxes for the current tax year shall be adjusted between the City and any public service corporation affected on the basis of the assessment by the State Corporation Commission for the current year, as provided in Section 58-848 of the Code of Virginia. 2. It having been the intention of this Council to collect all real estate taxes, including real estate taxes of public service corporations assessed for taxation by the State Corporation Commission, on a fiscal year basis, but questions having been raised with respect to the applicability of Ordinance No. 25234, adopted August 11, 1980, to such public service corpora- tions, paragraphs 2, 4, 5, 6, 7 and 8 of Ordinance No. 25234 are reordained with specific application to public service corporations. 3. Notwithstanding the provisions of Section 32-122 of the City Code, there is hereby imposed and levied and there shall be collected, for such short tax year only, upon all real estate of public service corporations assessed for taxation by the State Corporation Commission, a real estate tax at the following rates: (a) Upon all real estate of public service corporations assessed by the State Corporation Commission at January 1, 1980, certified fair market value and not in the process of equalization by such Commission, at the rate of seventy-three cents ($.73) on every one hundred dollars ($100.00) of such assessed value. (b) Upon all real estate of public service corporations assessed for taxation by the State Corporation Commission and in the process of equali- zation of assessment by such Con~uission, at the rate of one dollar and sixty-six cents ($1.66), providing that the resultting effective tax rate for such unequalized public service corporation property in the City shall be adjusted to equalize the effective tax rate applicable to other local properties. (c) Effective July 1, 1981, the real estate tax rate applicable to public service corporations shall be as set forth in Section 32-122 of the City Code. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1981. No. 25497. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Other Projects $ 372,820.00 Design Management Team (1 & 2) ................................ 322,820.00 Public Improvement Bonds Series 1980A 3,155,674.00 Public Buildings (3) .......................................... Parks (4) ..................................................... 977,279.00 578,395.00 (1) Appropriated from Bond Fund (A08140190201) (2) Fund Balance - Unappropriated (A08140190203) (X08937210) (3) Public Buildings (A08310172602) (4) Parks (A08310172604) $109,690.00 88,130.00 (18,655.00) (91,035.00) 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 March, 1981. No. 25498. AN ORDINANCE authorizing the City Manager to enter into an amendment and to give certain authorizations with regard to a certain agreement with Hayes, Seay, Mattern & Mattern for design management services relating to the City's capital improvement program; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized and directed to execute and attest, respectively, an amendment to the agreement dated June 30, 1980, by and between the City of Roanoke and Hayes, Seay, Mattern & Mattern, to increase the maximum compensation for the services to be performed, as described therein as Phase I, from the sum of $68,850, as provided for in Ordinance No. 25115, adopted May 27, 1980, to a maximum of $96,370, and to establish a maximum compensation of $192,500 for performing Phase II and Phase III, which sums shall not be increased without approval of this Council; all as requested and described in a report of the City Manager dated March 2, 1981. 2. The City Manager is authorized and directed to give written authorization to Hayes, Seay, Mattern & Mattern to proceed with the work identified as Phase II and Phase III in the aforesaid agreement of June 30, 1980. 3. The form of the aforesaid amendment shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1981. No. 25499. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Recreation $ 204,187.50 Elmwood Park (1) .............................. 72,310.00 Public Improvement Bonds Series 1980A 3,415,364.00 Parks (2) ..................................... 819,430.00 (1) Appropriated from Bond Funds (A08170190801)$ 72,310.00 (2) Parks (A08310172603) (72,310.00) 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 March, 1981. No. 25500. AN ORDINANCE authorizing the City Manager to enter into a contract with Moore Grover Harper, PC, Architects and Planners, Essex, Connecticut, for design services relating to the Elmwood Park Extension and 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 and the City Clerk are authorized and directed to execute and attest, respectively, a contract with Moore Grover Harper, PC, Architects and Planners, Essex, Connecticut, for design services relating to the Elmwood Park Extension and Elwood Park Fountain and Rose Garden, such contract to provide for a maximum compensation of $61,750.00 for such services and to provide for reimbursement in an amount not to exceed $5,560.00 for a survey and not to exceed $5,000.00 for additional services and reimbursable expenses, all as described and requested in a report of the City Manager dated March 2, 1981. 2. The form of the aforesaid contract 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 2nd day of March, 1981. No. 25501. AN ORDINANCE approving the City Manager's issuance of Change Order Nos. 7 and 9, as hereinafter set forth, to the City's contract with John A. Hall & Company, Inc. for construction work 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 be, and he is hereby authorized and empowered to issue, for and on behalf of the City of Roanoke, the following change orders to the City's contract with John A. Hall & Company, Inc. for the construction of the Air Carrier Ramp at Roanoke Municipal Airport, Woodrum Field, viz: DESCRIPTION OF CHANGE ORDERS: Change Order No. Description of the Change Added Cost 7 Add 2 runway lights and one $ 5,962.50 single sided retroreflective taxiway guidance sign 9 Install pre-cast 240 L.F. $ 9,480.00 of 32" high barrier between the lower and upper ramps TOTAL $ 15,442.50 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 2nd day of March, 1981. No. 25502. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Recreation $354,187.50 Church Avenue Park (1) .................................. 151,000.00 Public Improvement Bonds Series 1980A $3,265,364.00 Parks (2) ............................................... 669,430.00 (1) Appropriated from Bond Funds (A08170190301) (2) Parks (A08310172603) $ 150,000.00 (150,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1981. No. 25503. AN ORDINANCE amending and reordaining Section 32-88, Applicant's affidavit, of the Code of the City of Roanoke (1979), as amended, to extend the filing deadline for affidavits or certificates in connection with the elderly and disabled persons' real property tax exemption; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-88, Applicant's affidavit, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-88. Applicant's affidavit. The owner claiming an exemption under this article 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 fifteen thousand dollars ($15,000), provided that the first four thousand dollars ($4,000) 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 fifty-five thousand dollars ($55,000). Such affidavit shall be filed annually or, in lieu 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. 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 2nd day of March, 1981. No. 25504. AN ORDINANCE to amend and reordain Section 2-172, Report and delivery of money collected or received by officers and employees, of the Code of the City of Roanoke (1979), as amended, to provide that the Treasurer shall transmit the original of each collection report to the Director of Finance; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of Section 2-172, Report and delivery of money collected or received by officers and employees, be, and the same is hereby amended and reordained to read and provide as follows: Section 2-172. Report and delivery of money collected or received by officers and employees. (b) Except as otherwise directed by the director of finance in writing, not later than 12:00 noon the day following the date of each such report, the total amount collected or received as shown in each such report shall be delivered, intact, without any deduction whatsoever, to the city treasurer, together with the original and both copies of the report. The city treasurer shall receipt the original and both copies of the report in the space provided therefor. He shall return one copy to the reporting officer for his files, retain one copy in the treasurer's files, and submit the original to the director of finance, along with the applicable statement of accountability by 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of March, 1981. No. 25505. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Airport Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIAT IONS Airport Development Aid Program (ADAP) No. 6-51-0045-12 (1) .................................... $ Acquire Land/Noise Abatement (2) .......................... 562,500.00 104,320.00 REVENUE Due from Federal Government (ADAP) Project No. 6-51-0045-12 (3) ............................ Due from State Government (ADAP) Project No. 6-51-0045-12 (4) ............................ 450,000.00 56,250.00 (1) Land Acquisition (A04511092301) $562,500.00 (2) Acquire Land/Noise Abatement (A04511091801)(56,250.00) (3) Due from Federal Government (X04113209) .... 450,000.00 (4) Due from State Government (X04113109) ...... 56,250.00 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 2nd day of March, 1981. No. 25506. A RESOLUTION urging the State Water Control Board to provide priority funding to the City of Roanoke to alleviate the sludge disposal problem at the regional Water Pollution Control Plant in the City. WHEREAS, the City of Roanoke is experiencing a serious problem growing out of limited capacity in the sludge disposal lagoons at the regional Water Pollution Control Plant (Plant), is embarking upon a plan to solve this problem and requests the aid of the Commonwealth of Virginia therefor; WHEREAS, the Commonwealth has long been interested in this Plant and has demonstrated a commendable commitment to preserve and enhance the water quality of the Commonwealth; WHEREAS, in 1971, because of alleged pollution of the Roanoke River and Smith Mountain Lake, the State Water Control Board (SWCB) directed the City to take such immediate and necessary action to prohibit any further connections to sewers conveying wastes to the City's sewage treatment plant and to terminate the issuance of any or all permits which would allow the initiation of new construction projects that would add additional sewage loads to the Roanoke Sewage Treatment Plant, and the State Water Control Board required the City to prepare and present to it a revised detailed interim plan for correcting existing difficulties and sustaining such corrective action pending completion of the City's long range plan; WHEREAS, while the City devised and implemented, with the Commonwealth's conditional approval, a plan to utilize lagoons for sludge disposal, the Commonwealth had favored a plan to dispose of sludge by dewatering and incineration, but the Commonwealth was unwilling or unable at the time to fund the extra costs that the latter sludge handling facility would have involved; WHEREAS, early estimates for the construction of the improvements to the Plant mandated by the Commonwealth ranged from $12,442,000 to $17,000,000, the final cost amounted to $29,417,026; WHEREAS, of the total cost, the Commonwealth funded approximately $2,928,040, the City paid approximately $4,412,554, and the federal government paid approximately $22,086,432; WHEREAS, since the lagoons have filled much earlier than the City's consulting engineers predicted, in part because of government mandated changes to the design of the Plant, the City has explored alternatives to dispose of the sludge in a manner, at the same time, acceptable to its citizens and consistent with the City's need to act quickly to avoid an environmental crisis and with its obligation and commitment to preserve and enhance the water quality of this Commonwealth WHEREAS, Council for the City of Roanoke has approved a two-part plan to solve the sludge disposal problem, which involves short term measures such as emptying and expanding some of the lagoons and marketing the processed sludge for uses beneficial to this Commonwealth, costing approximately $798,000, and long term measures such as designing and constructing a sludge dewatering plant and devising efficient methods of ultimately disposing of the sludge, which may include deposit in a landfill, application to agricultural land or storage, costing $7,245,000; 41.0 WHEREAS, the Plant serves as a regional facility for the City of Roanoke, Roanoke County, Botetourt County,'the Town of Vinton and the City of Salem, and, in fact, serves all the Commonwealth's citizens living in the Roanoke River Basin as it passes through Southwest Virginia and South Central Virginia because of the connection between efficient operations of the Plant and good water quality of Smith Mountain Lake; WHEREAS, it is reasonable that the Commonwealth should assume a part of the costs of the improvements to the Plant for proper sludge disposal, as it did in the case of the Rivanna River and Sewer Authority in Albemarle County, and in connection with sewage treatment plants in the City of Richmond, City of Lynchburg and other localities of the Commonwealth; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council respectfully requests that the State Water Control Board provide priority funding to the City of Roanoke to permit the construction of capital improvements estimated to cost $7,500,000 to alleviate the sludge disposal emergency existing at the regional Water Pollution Control Plant. 2. The City Clerk shall transmit attested copies of this resolution to the State Water Control Board, the Honorable John N. Dalton, Governor of Virginia, and to each of the City's representatives to the General Assembly. 3. The City Clerk is also directed to forward attested copies of this resolution to the Clerks of the governing bodies of Roanoke County, Botetourt County, City of Salem, Town of Vinton, Bedford County, Franklin County and Pittsylvania County with the request that similar resolutions in support of the City of Roanoke's request, which will protect the water quality of the Roanoke River and Smith Mountain Lake, be adopted and forwarded to the State Water Control Board and other appropriate State officials. APPROVED ATTEST: City Clerk Mayor IN T~ COU~CIL OF T~E CITY OF ROANOKE, VIRGINIA, The 9th day of March, 1981. No. 25496. AN ORDINANCE granting to Reliance Universal, Inc. a revocable license to install and maintain utility lines across a City right-of-way. BE IT ORDAINED by the Council of the City of Roanoke that: i. Reliance Universal, Inc. be and the same is hereby granted a license, revocable at the option of the City, to install and maintain underground utility lines across the City-owned right-of-way which extends northward from Roanoke Avenue, S. W., the location of such lines being more particularly shown on a map attached to the report of the City Manager dated March 2, 1981. the grantee. Any and all costs in connection with the granting of this license shall be borne by 3. The grantee shall restore the surface of the right-ofway to substantially the same condition which existed prior to the work being performed. 4. The grantee shall, and by its execution of this ordinance, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this re~ard, arising out of the grantee's intentional acts and negligent acts or omissions with respect to the rights or privileges granted hereby. 5. This license shall be effective upon execution of this ordinance by Reliance Universal, Inc. ACCEPTED and AGREED to: Reliance Universal, Inc. Date: ATTEST: APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of March, 1981. No. 25507. AN ORDINANCE permanently vacating, discontinuing and closing a portion of Rutherford Avenue, N. W., being a part of Gainsboro Redevelopment Project, in the City of Roanoke, Virginia, as is more particularly described hereinafter, and providing for an emergency. WHEREAS, the City of Roanoke Redevelopment and Housing Authority 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 street portion, which is more particularly described hereinafter; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority did, on January 5, 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 (1979), as amended, and having a hearing at its regular meeting on February 4, 1981, reported to Council and recommended that the hereinafter described street portion be closed; and WHEREAS, a public hearing was held on said application by the Council at its regular monthly meeting on March 9, 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 hereinafter described street portion 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 portion, as requested by the City of Roanoke Redevelopment and Housing Authority, and recom- mended by the City Planning Conm~ission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain street portion situate in the City of Roanoke, Virginia, and more particularly described as follows: BEGINNING at the point of intersection of the present west right-of-way line of Gainsboro'Road, N. W. extended in a northerly direction to intersect with the present north right-of-way line of Rutherford Avenue, N. W., extended; thence in a southerly direction to the present southwest corner of Gainsboro Road and Rutherford Avenue; thence with the present south right-of-way line of Rutherford Avenue in a westerly direction to the northwest corner of a parcel of land bearing Tax Number 2021720; thence in a northeasterly direction to the present northeast corner of Third Street, N. W., and Rutherford Avenue; thence in an easterly direction with the present north right-of-way line of Rutherford Avenue and its extension to the point of beginning. BEING bounded on the north by lots in Block 2, Northside Addition, designated by Official Tax Nos. 2021661 through 2021674 inclusive and 2021676, 2021677 and 2021678, and a certain closed alley, closed by Ordinance No. 24124 dated May 22, 1978, and bounded on the south by lots in Block 1, Northside Addition, designated by Official Tax Nos. 2021720 through 2021741 inclusive and 2021709. 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, mains or utilities; such ~asement or easements to terminate upon the later abandonment of use or permanent removal from the above-described street portion 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 portion on all maps and plats on file in his office on which said street portion 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 Redevelopment and Housing Authority and the names of any other parties in interest who may so request, as Grantees. In order to provide for the usual daily operation 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 March, 1981. No. 25508. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Fifth District Employment and Training 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 1980-81 Fifth District Employment and Training Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATION S C.E.T.A. FY 10/1/80 - 9/30/81 (1-8) ............................ $5,339,993.85 C.E.T.A. FY 10/1/79 - 9/30/80 (9-16) ........................... 5,451,460.15 REVENUE C.E.T.A. FY 10/i/G0 - 9/30/81 (17-24) .............. ~ ........... 5,339,993.85 C.E.T.A. FY 10/1/79 - 9/30/80 (25-32) .......................... 5,451,460.15 (1) Unobligated Admin. Pool (A34816099999) (2) Unobligated Title II-AB (A34816199999) (3) Unobligated Title II-D (A34816299999) (4) Unobligated YETP (A34816399999) (5) Unobligated YCCIP (A34816499999) (6) Unobligated SPEDY (A34816599999) (7) Unobligated Title VI (A34816699999) (8) Unobligated Title VII (A34816799999) (9) Unobligated Admin. Pool (A34896099999) (10) Unobligated Title II-AB (A34896199999) (11) Unobligated Title II-D (A34896299999) (12) Unobligated YETP (A34896399999) (13) Unobligated YCCIP (A34896499999) (14) Unobligated SPEDY (A34896599999) (15) Unobligated Title VI (A34896699999) (16) Unobligated Title VI (A34896799999) (17) Admin. Pool (R34810101) (18) Title II-AB (R34810161) (19) Title II-D (R34810162) (20) YETP (R34810163) (21) YCCIP (R34810164) (22) SPEDY (R34810165) (23) Title VI (R34810166) (24) Title VII (R34810167) (25) Admin. Pool (R34800101) (26) Title II-AB (R34800161) (27) Title II-D (R34800162) (28) YETP (R34800163) (29) YCCIP (R34800164) (30) SPEDY (R34800165) (31) Title VI (R34800166) (32) Title VII (R34800167) $ 295,611.33 334,119.68 394,405.36 130,989.22 4,459.95 172,747.07 306,282.05 199,640.19 (295,611.33) (334,119.68) (394,405.36) (130,989.22) (4,459.95) (172,747.07) (306,282.05) (199,640.19) 295,611.33 334,119.68 394,405.36 130,989.22 4,459.95 172,747.07 306,282.05 199,640.19 (295,611.33) (334,119.68) (394,405.36) (130,989.22) (4,459.95) (172,747.07) (306,282.05) (199,640.19) 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 March, 1981. No. 25509. A RESOLUTION authorizing the City Manager to file an application with the United States Department of Housing and Urban Development to participate in the Urban Homesteading Program under Section 810 of the Housing and Community Development Act. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager be and he is hereby authorized to apply to the United States Depart- ment of Housing and Urban Development for approval for the City's participation in the Urban Home- steading Program under Section 810 of the Housing and Community Development Act, as requested in a report from the City Manager dated March 9, 1981. 2. The City Manager is further authorized and directed to furnish to the Department of Housing and Urban Development any additional information as may be required by the Department in connection with the City's implementation of a homesteading program pursuant to Section 810 of the Housing and Community Development Act. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of March, 1981. No. 25510. AN ORDINANCE providing for the voluntary participation of City officers and employees in the International City Management Association Retirement Corporation Deferred Compensation Plan and establishing the terms and conditions of such participation; and providing for an emergency. WHEREAS, the City of Roanoke has previously established a deferred compensation plan made available to the City by the International City Management Association Retirement Corporation (ICMARC) for certain of its officers and employees; WHEREAS, the City is now desirous of extending to all officers and employees of the City the opportunity to voluntarily defer a portion of their City salary or wages into the ICMARC Deferred Compensation Plan; WHEREAS, the City would receive benefits through permitting voluntary participation of all officers and employees of the City in the aforementioned existing Deferred Compensation Plan by being more able to attract and retain competent personnel in City service; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. All officers and employees of the City shall be eligible to voluntarily participate in the Deferred Compensation Plan of ICMARC. 2. Ail contributions to ICMARC Deferred Compensation Plan shall be from wages and salaries paid by the City to participating officers and employees, and the City shall make no contribution on behalf of any officer or employee unless specifically authorized by ordinance or resolution previously adopted or hereafter adopted by this Council. 3. Deferral by any officer or employee of the City of a portion of his own salary or wages into the ICMARC Deferred Compensation Plan shall have no effect on the participation of such employee in the City of Roanoke Employees' Retirement System. 4. Any officer or employee electing to participate in such Plan shall execute such documents and forms as may be required by the Director of Finance and ICMARC. 5. The Director of Finance or his designee is hereby authorized on behalf of the City to execute all Joinder Agreements with such officers and employees and ICMARC as may be necessary for participation in the Plan. 6. The Director of Finance shall be authorized to deduct from the salary or wages of any officer or employee a sum directed in writing by such officer or employee to be deducted from his own salary or wages and paid into the ICMARC Deferred Compensation Plan, and, for this purpose, the Director of Finance shall be authorized to promulgate rules and regulations with respect to such payroll deductions and promulgate the necessary documents and forms. Copies of documents evidencing payroll deduction elections and related documents shall be maintained in the personnel file of the affected employee. 41.4 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 9th day of March, 1981. No. 25511. AN ORDINANCE authorizing the City Manager to renew a contract with Network Computing Corporation of Charlotte, North Carolina, to provide the City a utility billing system; and providin 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 Network Computing Corporation of Charlotte, North Carolina, for the provision by the vendor of a utility billing system in accordance with the terms of the written proposal of the vendor dated December 6, 1979. 2. The compensation of the vendor shall be in accord with the Schedule of Services and Charges and Additions to the NCC Service Agreement attached to the proposal of the vendor. 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 9th day of March, 1981. No. 25512. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS City Council (1 & 2) .................................... $90,051.00 (1) Fees for Professional Services (A01111020010)--$ 3,000.00 (2) Gratuities (A01111035025) (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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1981. No. 25513. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Parks and Recreation (1) · $ 695,283.00 REVENUE Miscellaneous Revenue (2) .................................. 1,188,082.00 (1) Sports Material (A01711030043) (2) Contributions (R01091010) $5,000.00 5,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1981. No. 25514. 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 furnishing and delivering said vehicular equipment; rejecting certain 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 in writing of First Piedmont Corporation made to the City and opened on February 17, 1981, to furnish to the City two rear loading refuse bodies with container handling device less rear step and power take-off, such units being more particularly described in the City's specifications and alternates and in said bidder's proposal, be and is hereby ACCEPTED, at the purchase price of $16,443.50, each. 2. The bid in writing of Berglund Chevrolet, Inc., made to the City and opened on March 11, 1981, to furnish to the City eight (8) marked police vehicles, more particularly described in the City's specifications and alternates and in said bidder's proposal, for the total purchase price of $65,793.52, be and is hereby ACCEPTED. 3. The City's Manager of Purchasing and Materials Control be, and is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidders' proposals, and the terms and provisions of this ordinance. 4. Upon delivery to the City of the aforesaid equipment and upon the City's acceptance of the same, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment to the aforesaid successful bidders for the aforesaid purchase prices, not to exceed the sums hereinabove set out, such funds having been heretofore appropriated for this purpose. 5. 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. 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 23rd day of March, 1981. No. 25515. A RESOLUTION authorizing the appropriate City officials to execute an agreement with Greater Roanoke Transit Company (GRTC) for the provision by the City to GRTC of support services in connection with the administration of a grant for construction of the Intermodal Transportation Terminal. BE IT RESOLVED 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 contract with GRTC for the City's provision of support services to GRTC in connection with the administration of an Urban Mass Transportation Administration grant to finance construction of the Intermodal Transportation Terminal. This contract shall contain such reasonable terms as the City Manager may require and be in such form as approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of March, 1981. No. 25516. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education ....................................................... $35,110,641.12 Roanoke City Public Schools (1) .............................. 35,059,184.00 REVENUE Grants in Aid Commonwealth ...................................... 31,577,841.35 Education (2) ................................................. 18,641,274.00 (1) State & Federal Programs (A01611085201) $446,801.00 (2) State & Federal Programs (R01062025) 446,801.00 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 23rd day of March, 1981. No. 25517. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Public Buildings .................................... $9,897,036.00 Cultural Center Parking Garage (1) ...................... 4,211,700.00 REVENUE Due from Federal Government U.D.A.G. Grant B-80-AA-51-0116 (2) ...................... 3,713,113.50 (1) Appropriation from Capital Grant (A08180190802) (2) U.D.A.G. Grant B-80-AA-51-0116 (X08113101) $1,000,000.00 1,000,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1981. No. 25518. A RESOLUTION in support of the concept that the corporate boundaries of the City of Roanoke should be the boundaries of a two-member district for purposes of representation to the Virginia House of Delegates. WHEREAS, the Constitution of Virginia requires that the General Assembly redistrict for State legislative and Congressional purposes in 1981; WHEREAS, districts must be as nearly as equal as practicable in population, compact and composed of contiguous territories; WHEREAS, the City of Roanoke, including the territory annexed to the City as of January 1, 1976, has a population of 100,427 according to the 1980 Census, and such territory meets all Constitutional standards to be a separate district; WHEREAS, the corporate boundaries of the City of Roanoke should logically constitute a two-member district for purposes of representation to the Virginia House of Delegates without inclusion of the population from any contiguous political subdivision because of commonality of interests existing in such city, but not always existing between City residents and residents of contiguous political subdivisions; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council goes on record as being in support of the concept that the corporate boundaries of the City of Roanoke should constitute a district for purposes of representation to the Virginia House of Delegates with two delegates being elected from such district. 2. Council is further of the opinion that there should be no inclusion of the City of Roanoke residents in any district with residents of any other political subdivision for purposes of redistricting; and 4!8 3. The Clerk is directed to forward a certified copy of this Resolution to The Honorable John D. Gray, Chairman of the Virginia House of Delegates Privileges and Elections Committee, and to The Honorable A. Victor Thomas and The Honorable Clifton A. Woodrum, Members of the House of Delegates. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1981. No. 25519. 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 the extent that 80 units of elderly rental new construction be changed to 80 units of elderly rental substantial rehabilitation in the three-year HAP goals, that these 80 units be added to the current year HAP goals, and that 50 units of elderly rental new construction be deleted from the 1981-82 HAP goal, as requested in a report of the City Manager to Council dated April 6, 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 Develop- ment in order to provide for the aforesaid amendment 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1981. No. 25520. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Title XX $255,849.92 Developmental Day Program For Adults (1) ................ 30,161.87 Employment (2) .......................................... 142,210.85 Services to Disabled Individuals (3) .................... 23,000.28 Family and Personal Adjustment Counseling (4) ........... 46,783.52 Revenue Title XX Receipts (5) ...................................... 255,849.92 1) Development Day Program for Adults (A01532020063) .... $ 5,010.44 2) Employment (A01532020066) 43,560.58 4) Family & Personal Adjustment Counseling (A01532020070)--$12,598.65 5) Title XX Receipts (R01083530) 67,425.92 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 6th day of April, 1981. No. 25521. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Recreation $ 374,137.50 Park Equipment (1) .......................................... 19,950.00 Public Improvement Bonds Series 1980A 3,135,724.00 Parks (2) ................................................... 740,515.00 l) Appropriated from Bond Funds (A08170190901) 19,950.00 2) Parks (A08310172603) (19,950.00) 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 CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1981. No. 25522. AN ORDINANCE providing for the acceptance of a certain bid and the award of a contract to Wenger Corporation of Owatonna, Minnesota, for the manufacture and delivery to the City of a variable height portable stage for the Market Square; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Wenger Corporation of Owatonna, Minnesota, for the manufacture and delivery to the City of a variable height portable stage for the Market Square, for a lump sum of $19,950.00, that being the only bid received, as set out in the bid committee's report dated April 6, 1981, 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 bidder in accordance with the terms and conditions of this ordinance, the bidder's proposal and the City's specifications made for the work, said contract to be upon such form as is approved by the City Attorney. The cost for this work shall be paid out of funds heretofore or simultaneously appropriated for this 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 full force and effect upon its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1981. No. 25523. A RESOLUTION amending Resolution No. 21414, adopted March 18, 1974, to provide that all matters coming before the Council which require public hearing shall be heard at the regular meet- ing of Council scheduled for the second Monday of each month. WHEREAS, Resolution No. 21414, adopted March 18, 1974, directs the City Clerk to place all matters coming before Council which require public hearing on the agenda of the regular meeting of Council scheduled for the last Monday of each month; and WHEREAS, the practice of Council at this time is to schedule public hearings for the second Monday of each month; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 21414, adopted March 18, 1974, be and is hereby amended to provide that the City Clerk is directed to place all matters coming before the Council which require public hearing on the agenda of the regular meeting of Council scheduled for the second Monday of each month, with the said Resolution to remain unamended in all other respects. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1981. No. 25525. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Title II-D (1-6) ........................................ $156,431.79 Title VI (7-13) ......................................... 237,693.68 Revenue Fifth District Consortium (14) .......................... 312,283.08 Local Match (15) ........................................ 8,246.34 (1) Salaries & Wages (ADM) (A35757610001) (2) Salaries & Wages (PSE) (A35757610002) (3) Fringe Benefits (PSE) (A35757611029) (4) Stationery & Office (A35757630005) (5) Telephone (A35757631005) (6) Building Rent (A35757640031). (7) Salaries & Wages (ADM) (A35758110001) (8) Salaries & Wages (PSE) (A35758110002) ($ 2,681.05) (65,411.92) (24,219.64) ( 114,40) ( 73.74) ( 360.08) ( 3,202.50) (43,033.98) (9) Salaries & Wages (Projects) (A35758110011) (10) Fringe Benefits (PSE) (A35758111029) (11) Fringe Benefits (Projects) (A35758111030) (12) Stationery & Office (A35758130005) (13) Building Rent (A35758140031) (14) Fifth District Consortium (R35700501) (15) Local Match (R35700531) (122,752.44) ( 5,979.20) (35,321.85) ( 345.07) ( 540.87) (312,283.08) ( 8,246.34) 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 6th day of April, 1981. No. 25526. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations JOMP - Title II-B FYE 9/80 (1-13) .......................... $ 77,487.82 JOMP - Title II-D FYE 9/80 (14-20) ......................... 23,673.92 Revenue JOMP - Fifth District Consortium FYE 9/80 (21) ............. 101,161.74 (1) Salaries & Wages (adm) (A35715710040) ($ (2) Salaries & Wages (Training) (A35715710042)--( (3) Salaries & Wages (Services) (A35715710044)--( (4) Fringe Benefits (adm) (A35715711010) ( (5) Fringe Benefits (Training) (A35715711015)---( (6) Fringe Benefits (Services) (A35715711020)---( (7) Supplies (adm) (A35715730005) ( (8) Supplies (Training) (A35715730007) ( (9) Supplies (Services) (A35715730009) ( (10) Telephone (adm) (A35715731005) ( (11) Telephone (Services) (A35715731007) ( (12) Local Mileage (adm) (A35715733015) ( (13) Building Rent (adm) (A35715740035) ( (14) Salaries & Wages (Training) (A35715810042)--( (15) Salaries & Wages (Services) (A35715810044)--( (16) Fringe Benefits (adm) (A35715811010) ( (17) Fringe Benefits (Training) (A35715811015)---( (18) Supplies (Training) (A35715830007) ( (19) Building Rent (Training) (A35715840037) ..... ( (20) Building Rent (Services) (A35715840039) ..... ( (21) Fifth District Consortium (R35700101) .8O) 127.08) 393.47) 21.30) 342.05) 301.78) 38.13) 539.51) 62.08) 72.09) 89.70) 7.79) .06) 101.26) lO.O2) 7.31) 89.27) lOO.88) .07) .03) (2,304.68) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 422 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 1981. No. 25527. A RESOLUTION establishing water and sewer connection fees for this City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Pursuant to Section 35-3, Code of the City of Roanoke (1979), as amended, the water connection fees and charges and meter installation charges for connections, applications for which are received on or after May 1, 1981, shall be as follows: (a) ITEM Service Size (inches) Connection CHARGE 3/4 1 i 1/2 2 3 4 6 8 10 $ 340.00 450.00 1,360.00 1,870.00 2,125.00 2,250.00 3,400.00 3,825.00 4,250.00 (b) Meter 5/8 3/4 1 i 1/2 2 3 4 6 $ 10 $ 75.00 112.50 142.50 202.50 337.50 975.00 1,500.00 3,000.00 4,875.00 6,000.00 (c) Fire Service Meter 6 $ 1,200.00 8 1,800.00 l0 3,300.00 2. Pursuant to Section 26-4.1, Code of the City of Roanoke (1979), as amended, the sewer connection fees and charges for connections, applications for which are received on or after May 1, 1981, shall be as follows: Connection ITEM Service Size (inches) CHARGE 4 6 8 10 and above $ 300.00 300.00 750.00 1,500.00 ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1981. No. 25524. AN ORDINANCE amending and reordaining Section 21-23, Petit larceny, of the Code of the City of Roanoke (1979), as amended, to define petit larceny as the taking, not from the person of another, of goods and chattels of a value of less than $200; and amending and reordaining subsections (b) and (c) of Section 21-24, Shoplifting, to substitute $200 for $100 in each subsection. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-23, Petit larceny, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 21-23. Petit larceny. Any person who: (a) Commits larceny from the person of another of money or other things of value of less than five dollars ($5.00); or (b) Commits simple larceny, not from the person of another, of goods and chattels of the value of less than two hundred dollars ($200.00), shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor. 2. Subsections (b) and (c) of Section 21-24, Shoplifting, of the Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: Section 21-24. Shoplifting. (b) Any person convicted for the first time of an offense under this section, when the value of the goods or merchandise involved in the offense is less than two hundred dollars ($200.00), shall be punished as for a Class 1 misdemeanor. (c) Any person convicted of an offense under this section, when the value of the goods or merchandise involved in the offense is less than two hundred dollars ($200.00), and it is alleged in the warrant or information on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been before convicted in the Commonwealth of Virginia for a like offense, regardless of the value of the goods or merchandise involved in the prior conviction, shall be confined in jail not less than thirty (30) days nor more than twelve (12) months. 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 13th day of April, 1981. No. 25531. A RESOLUTION approving and adopting a Parks and Recreation Plan as an element of the City's Comprehensive Plan. WHEREAS, Section 15.1-446.1, et seq., Code of Virginia (1950), as amended, requires the City Planning Commission to prepare and recommend to the City Council a comprehensive plan for the physical development of the City, which plan is also required by Section 2-325, Code of the City of Roanoke (1979), as amended. WHEREAS, the Planning Commission has reviewed, approved and adopted a certain Parks and Recreation Plan as part of the City's Comprehensive Plan, and has by resolution dated April 1, 1981, certified it to the Council with the recommendation that it be approved and adopted by Council. WHEREAS, the notice and public hearing requirements required to be met by Section 15.1- 450, Code of Virginia (1950), as amended, before the Council may adopt and approve an element of the Comprehensive Plan, have been met. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council approves and adopts as an element of the City's Comprehensive Plan the Parks and Recreation Plan as certified to Council by the City Planning Commission. 2. The City Clerk is directed to transmit an attested copy of this Resolution to the City Planning Commission. APPROVED City Clerk ~myor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1981. No. 25533. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Other Public Buildings $9,897,036.00 Williamson Road Parking Garage (1) ........................ 119,470.00 Cultural Center Parking Garage (2) ........................ 4,092,230.00 1) Appropriated from Capital Grant (A08180191602) 2) Appropriated from Capital Grant (A08180190802) $119,470.00 (119,470.00) 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 13th day of April, 1981. No. 25534. AN ORDINANCE authorizing the employment of the professional services of certain architects and engineers to design the Williamson Road Parking Garage, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The firm of Smithey and Boynton Architects and Engineers, in association with Kimley and Horn and Associates, Inc., is hereby employed as architects and engineers to perform within the time constraints set forth in the project prospectus necessary services in connection with the design of the Williamson Road Parking Garage, said firm to be paid, from funds heretofore or simul- taneously appropriated for this purpose, in connection with this contract a sum not to exceed $119,470 without additional authorization of the Council. 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, to be in 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1981. 25536. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reor- dained to read as follows, in part: APPROPRIATIONS Miscellaneous Grants $486,703.00 Park Rehabilitation (U.P.A.R.R.) (1) ............................ 298,500.00 REVENUE Miscellaneous Grants $486,703.00 Park Rehabilitation (U.P.A.R.R.) (2) ............................ 298,500.00 l) Outside Contracts (A35511020001) 2) Grant Receipts (R35511021) $298,500.00 298,500.00 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 13th day of April, 1981. No. 25537. AN ORDINANCE amending Article I, In General, of Chapter 7, Building Regulations, by the addition of new sections 7-5, Certification of plumbers, electrical contractors and electricians., and 7-6, Criminal penalty; amending Section 7-50, Qualification of plumbers, Section 7-66, Definition Section 7-105, Required, Section 7-106, Application, Section 7-107, Examination of applicant, and Section 7-110, Term~ renewal; repealing Section 7-51, Board of plumber examiners, Section 7-67, Board of electrical examiners generally, Section 7-108, Issuance, Section 7-111, Revocation and Section 7-112, Violations of division, Code of the City of Roanoke (1979), as amended, to provide for the City Manager's examination and certification of plumbers, electrical contractors and electricians under uniform state standards, and for the elimination of the Board of Plumber Examiners and of the Board of Electrical Examiners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Article I, In General, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new sections: Sec. 7-5. Certification of plumbers, electrical contractors and electricians. (a) The city manager is appointed agent of this city to examine and determine a person's qualifications for certification under this chapter to engage in plumbing or electrical work in this city. In his examination and determination, he shall employ the standards promulgated by the State Department of Housing and Community Develop- ment to determine an applicant's ability, proficiency and qualifications. (b) No person certified pursuant to this chapter shall be required to obtain such certification if he has been so certified in any other county, city or town. (c) No person shall be required to be examined or certified under this chapter if such person was certified or licensed for two years prior to January 1, 1980, in accordance with the applicable provisions of any Virginia local governing body or of the Commonwealth. (d) The powers, duties and functions of the city manager in addition to those specified in other sections of this chapter, shall be as follows: (1) The city manager shall issue plumbers', electrical contrac- tors' and electricians' certificates of qualification to such persons as may be entitled thereto and conduct examinations for the purpose of determining the competency and knowledge of persons who are required to possess such certificates. He shall refuse to grant a certificate to an applicant found not to be so qualified. (2) The city manager shall maintain an accurate report of all examinations given and certificates issued or refused. (3) The city manager may adopt such rules and regulations as he sees fit for the proper and efficient discharge of his duties hereunder. (4) The city manager shall have the power, after hearing, to revoke any certificate of qualification issued under this chapter when the holder thereof: (a) proves, by his work, himself incompetent and unable to meet the standards of work prescribed by this chapter; (b) permits his name to be used by any other person, directly or indirectly, to obtain a permit; (c) permits any work for which he has been certified under this chapter to be done under his name, license or bond by any other person who is not his bona fide employee; (d) obtains a permit for any person to do work in this city for which he has been certified under this chapter, when such person is not a bona fide full-time employee of such holder. Sec. 7-6. Criminal penalty. Each violation of any provision of Article III, Plumbing Work or Article IV, Electrical Work, of Chapter 7, Building Regulations, Code of the City of Roanoke (1979), as amended, shall constitute a Class 3 misdemeanor. 2. Section 7-50, Qualification of Plumbers, Section 7-66, Definitions, Section 7-105, Required, Section 7-106, Application, Section 7-107, Examination of Applicant, and Section 7-110, Term; renewal, Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: 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. EverY plumber's certificate of qualification shall be issued for one year. Each such certificate shall be renewed from year to year without re-examination, unless such certificate has been revoked as provided in this chapter. 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 7-66. Definitions. For the purpose of this chapter, the terms set out in this section shall have the following meanings: Electrical contractor. The term "electrical contractor" shall be construed to include all persons, firms or corporations engaged in the business of, or holding themselves out to the public as being engaged in the business of, contracting with others to install, erect or repair electric wires, fixtures, appliances, apparatus or devices which are to be used for the transmission or utilization of electric current for light, heat, power or other purposes within the city. Electrician. The term "electrician" shall include the journeyman or worker who actually or personally does the work of installing, erecting or repairing electrical wiring, fixtures, appliances, apparatus or devices which are to be used for the transmission of electric current for light, heat, power or other pur- poses within the city. Section 7-105. Required. No person shall do any work as an electrical contractor or electrician within the city, unless he has a current certificate of qualification issued in accord with this chapter. Section 7-106. Application. Application for a certificate of qualification required by this chapter shall be filed in the office of the city manager. Section 7-107. Examination of applicant. (a) Every applicant for a certificate of qualification under this chapter shall be examined by the city manager as to his proficiency and capacity to do electrical work and must pass an examination administered by the city manager. To be eligible to take the electrical contractor's examination, the applicant must have been certified as an electrician for two (2) years or shall provide the city manager with an affidavit from a certified elec- trical contractor establishing that such person has two (2) years of practical experience as an electrician. (b) The fee charged each applicant for an examination pursuant to this section shall be such as is prescribed by the city council and such fee shall be paid prior to the examination. (c) A contractor currently registered in accordance with the Virginia Contractor's Registration Law and classified as an electrical contractor in the roster of registered contractors published by the state registration board for contractors, who has otherwise met all the requirements of the city for bonding and licensing, shall be relieved from the requirements of this section. Section 7-110. Term; renewal. Certificates issued under this division shall be for one year only, but renewals of same for each succeeding year may be secured from the office of the city manager, without examination, by the certificate holder, upon payment of such renewal fee as is prescribed by the city council. 3. Section 7-51, Board of plumber examiners, Section 7-67, Board of electrical examiners generally, Section 7-108, Issuance, Section 7-111,'Revocation, and Section 7-112, Violations of division, Code of the City of Roanoke (1979), as amended, are REPEALED. 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 13th day of April, 1981. No. 25538. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Streets & Bridges $3,912,937.37 Pavement Marking (1) ........................................ 209,000.00 Due from State Government $ 209,000.00 Pavement Marking (2) ........................................ 209,000.00 1) Appropriate from Capital Grant (A08210192502) 2) Pavement Marking (X08113202) (R08012008) $209,000.00 209,000.00 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 April, 1981. No. 25539. AN ORDINANCE authorizing a certain agreement between the City and the Virginia Department of Highways and Transportation relating to a pavement marking 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, for and on behalf of the City, to enter a written agreement entitled "Agreement Between Municipality and Virginia Department of Highways and Transportation To Maintain Highways Improved Under Provisions of Federal Highway Act as Amended and Supplemented", a copy of which is attached to the City Manager's report to City Council, dated April 13, 1981, providing for a pavement marking demon- stration program; and 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1981. No. 25540. A RESOLUTION establishing, until further order of the Council, the rate of reimbursement per mile to be paid to employees of the City for use of privately owned personal motor vehicles on City business. WHEREAS, the City Council is required by Section 2-35, Code of the City of Roanoke (1979), as amended, to establish, from time to time, a rate of reimbursement per mile to be paid to employees of the City for the use of privately owned personal motor vehicles on City business; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that on and after April 1, 1981, the rate of reimbursement per mile to be paid to officers and employees of the City for the use of privately owned personal motor vehicles on City business be, and it is hereby established at the rate of twenty cents ($.20) per mile for the first 15,000 miles of such travel in each fiscal year and eleven cents ($.11) per mile for each additional mile over 15,000 miles in such fiscal year. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1981. No. 25542. AN ORDINANCE authorizing the City Mmnager to enter into a written amendment to a certain agreement between the City and the Landmark Division of Appletree Enterprises, Inc., Bloomington, Minnesota, to provide for an extension in the time of performance of said agreement; 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 and directed to enter into a written amendment to the agreement between the City and the Landmark Division of Appletree Enterprises, Inc., Bloomington, Minnesota, dated April 8, 1980, relating to a feasibility study for the develop- ment of a hotel/convention complex in the downtown area of the City, to provide that Landmark shall have an additional six (6) months to complete Phase II of the said agreement, and to provide for no additional compensation to Landmark, such amendment to be upon 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. APPROVED ATTEST: City Clerk Mayor 430 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1981. No. 25544. AN ORDINANCE authorizing the Director of Real Estate Valuation to terminate certain agreements with CBM, Inc., and decline certain offers from CBM, Inc.; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Director of Real Estate Valuation, for and on behalf of the City, is hereby authorized to take such action as is necessary to terminate any and all agreements with CBM, Inc., or any subsidiary thereof as of the end of the current contract year (June 30, 1981). 2. The Director of Real Estate Valuation is further authorized, for and on behalf of the City, to decline the offers of CBM, Inc., to sell to the City a certain system known as SCAMAS or to lease such 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. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1981. No. 25545. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Sewage Treatment 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 1980-81 Sewage Treatment Fund Appropriation, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATION General Operating $4,186,702.57 Fees for Professional Services (1) ..................... 408,816.28 1) Fees for Professional Services (A03210320010) $359,145.00 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 April, 1981. No. 25546. AN ORDINANCE accepting a bid 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; 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 Bio-Gro Systems, Inc. of Annapolis, Maryland for furnishing all tools, labor, machinery and materials necessary to remove, transport and dispose a minimum of 5,000 dry tons of digested sludge from the Sewage Treatment Plant~ in accordance with the City's plans and specifications, at the unit price of $71.829 per dry ton, for a total sum not to exceed $359,145.00 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 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. Upon satisfactory 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. All other bids made to the City for said work are hereby REJECTED, and the City Clerk is directed to notify the 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. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1981. No. 25547. AN ORDINANCE accepting a bid and awarding a contract for curb, gutter, entrance and paving work on various streets in the Old Southwest section of the City; 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 Co., of Roanoke, Virginia, for furnishing all tools, labor, machinery and materials necessary to construct certain curb, gutter and entranceway improvements on various streets in the Old Southwest Section of the City, in accordance with the City's plans and specifications for the total sum not to exceed $48,999.15 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. 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 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. Ail other bids made to the City for said work are hereby REJECTED, and the City Clerk is directed to notify the 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 City Clerk ~Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of April, 1981. No. 25548. AN ORDINANCE accepting the bid of Donald H. Selvage, Inc., of Amherst, Virginia, for deck replacement and repairs to the Franklin Road River Bridge, 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 that: 1. The bid of Donald H. Selvage, Inc., of Amherst, Virginia, made to the City in the total amount of $199,202.80, for deck replacement and repairs to the Franklin Road River Bridge, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, 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, 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. 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 said bidder and express 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 April, 1981. No. 25549. AN ORDINANCE authorizing the appropriate City officials to negotiate the settlement of a certain condemnation action in connection with the Southern Hills Storm Drain Project; repealing a part of a prior ordinance on this subject; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The appropriate City officials are authorized for and on behalf of the City to negotiate with G. H. Board and Eileen P. Board to settle a certain condemnation action, pending in the Circuit Court for the City of Roanoke, Virginia under the style of City of Roanoke~ Virginia v. G. H. Board, et al., according to the following terms: in consideration of the grant to the City by G. H. Board and Eileen P. Board of a storm drain easement, temporary construction easement and rights of ingress and egress through property on the east side of U. S. 220, Roanoke, Virginia, as described on Roanoke City Plan No. 5682-F, the City will pay unto these grantors $7,734.65 and dismiss as to them the above condemnation action. Such officials are further authorized to take reasonable and customary steps to effect this settlement. 2. Insofar as Ordinance No. 25479, adopted February 2, 1981, conflicts with the provision~ hereof, it 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 is 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 April, 1981. No. 25528. AN ORDINANCE permanently vacating, discontinuing and closing Woods Avenue from Clarke Avenue, S. W. to the right-of-way of U.S. 220 known as Roy L. Webber Highway, in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Marie Lorraine Goria has heretofore filed her 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, Marie Lorraine Goria did, on January 8, 1981, duly and legally publish as required by Section 15.1-364 of the 1950 Code of Virginia, as amended, a notice of her 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 (Salem Avenue entrance), all of which is verified by an affidavit of the Sheriff of the City of Roanoke appended to ~he applica- tion 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 March 4, 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 April 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 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 Marie Lorraine Goria, and recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that certain street situate in the City of Roanoke, Virginia, and more particularly described as follows: BEGINNING at an iron pin at the south east corner of Clarke Avenue, S. W., and Woods Avenue, S. W., (formerly Rice Street); thence with the S.W. line of lot 12 C, Block 8, Official Survey Sheet No. 4 S.W., S. 41° 00' E. 83.76 feet to an iron pin; thence with the northwest right-of-way line and Limited Access Line of U. S. Rt. 220 known as Roy L. Webber Highway the following two lines: S. 51° 20' W., 0.98 ft. to the center of N.W. side of concrete highway monument; thence with a curved line to the right (100 ft. N.W. of the centerline of the highway) whose radius is 991.35 ft., the chord of S. 63° 52' 50" W., 50.72 ft., the arc length of 50.73 ft. to an iron pin; thence with the S.W. side of Woods Avenue, S. W., and with N.E. line of N & W. Railway property N. 41° 00' W., 70.69 ft. to an iron pin; thence with the prolongation of the S. E. side of Clarke Avenue, S. W., N. 49° 00' E., 50.0 ft. 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, 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, togethe~ 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 Marie Lorraine Goria 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 27th day of April, 1981. No. 25529. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 614, 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 tract of land containing 5.05 acres, located on the west side of Virginia Route 117 and on the south side of Woodbridge Avenue and the west side of Westminster Street, N.W., with Official Tax No. 6141403, rezoned from RG-1, General Residential District, to C-i, Office and Institutional District; and WHEREAS, the City Planning Co~ission has recommended that thehereinafter described land be rezoned from RG-1, General Residential District, to C-i, Office and Institutional District; the said rezoning to be subject to the conditions proffered by the applicants in their amended applicatio~i 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 13th day of April, 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. 614 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on the west side of Virginia Route 117 and on the south side of Woodbridge Avenue and on the west side of Westminster Street, N. W., described as a tract of land containing 5.05 acres, designated on Sheet 614 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6141403 be, and is hereby, changed from RG-1, General Residential 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. 614 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 April, 1981. No. 25530. AN ORDINANCE amending and reordaining Chapter 16, Housing, Code of the City of Roanoke (1979), as amended, by repealing Article II, Housing Code, and by adding a new Article II.l, Property Maintenance Code, adopting the BOCA Basic Property Maintenance Code, as modified, as a minimum standard governing the condition and maintenance of structures and dwellings in the City; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 16, Housing, Code of the City of Roanoke (1979), as amended, be amended by repealing Article II, Housing Code, and by adding a new Article II.l, Property Maintenance Code, to read and provide as follows: ARTICLE II.1. PROPERTY MAINTENANCE CODE Section 16-11. Adopted; where copies filed. The provisions, requirements and regulations contained in that certain property maintenance code known as the BOCA Basic Property Maintenance Code, Second Edition, 1981, as published by Building Officials and Code Administra- tors (BOCA) International, Inc., as the same may from time to time be amended, is hereby adopted by the City and the whole thereof is incorporated herein by reference, save and except such portions as are hereinafter deleted, modified or amended. Copies of such Code, as amended, shall be kept on file in the Office of the City Manager and in the Office of the City Clerk. Section 16-12. Amendments. The property maintenance code adopted by this Article is hereby amended as set out in the following paragraphs of this section. Unless indicated to the contrary, section or article numbers appearing in this section refer to such numbers as they appear in the Property Maintenance Code. Section 100.1 is amended to read as follows: PM-100.1 Title: These regulations shall be known as the Property Maintenance Code of the City of Roanoke, hereinafter referred to as the property maintenance code or "this code". Section 104.3 is amended to read as follows: follows: PM-104.3 Inspections: In order to safeguard the safety, health and welfare of the public, the code official may make or cause to be made inspections at any reasonable hour to determine the condition of structures and premises in order to determine compliance thereof with the provisions of this code. Section 104.3.1 is amended to read as follows: PM-104.3.1. Right of entry: The code official is authorized to enter any structure or premise at any reasonable time for the purposes of performing his duties under this code with the consent of a person having standing to consent to such inspection, or, if such consent cannot be obtained, upon the authority of a search warrant. A new Section 104.3.1.1, Standards for inspections., is added to read as PM-104.3.1.1. Standards for inspections: It shall be the duty of the code official to promulgate and maintain reasonable administrative standards for inspections performed pursuant to PM-104.3. Section 104.3.2 is amended to read as follows: PM-104.3.2. Access: It shall be unlawful for any person other than a person having standing to consent to an inspection who withholds such consent, or, who having consented to an inspection thereafter withdraws such consent, to refuse entrance to or to impede the code official in the performance of an inspection conducted without a search warrant once a person authorized to grant such consent has done so. Section 106.1 is amended to read as follows: PM-lO6.1 Notice to owner or to person or persons responsible: Whenever the code official determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, or whenever he has condemned any structure or equipment under the provisions of Section PM-105.0, he shall give notice to the owner or the person or persons responsible therefor in the manner prescribed below. If he has condemned the property or part thereof, he shall give notice to the owner and to the occupants of his intent to placard and vacate the property or to order equipment out of service. If the occupants are tenants, he shall also notify the tenants that they may not have to vacate if they choose to pursue the tenant remedies provisions of Section 55.248.21, et seq., Code of Virginia (1950), as amended. Section 106.3.1 is amended to read as follows: PM-106.3.1 Service on occupant: When a condemnation order is served on an occupant other than the owner or perSon responsible for such compliance, a reasonable time to vacate the property or to comply with the tenant remedies provisions of Section 55.248.21, et seq., Code of Virginia (1950), as ammnded, after noncompliance shall be stated. Owners or persons responsible for compliance must vacate at the time set for correction of defects if there is failure of compliance. Section 107.2 is amended to read as follows: PM-107.2 Prohibited use: Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be liable for the penalties provided by this code, unless such person is a tenant exercising the tenant remedies provisions of Section 55.248.21, et seq., Code of Virginia (1950), as amended. Section 109.2 is amended to read as follows: PM-109.2 Penalty: Any person, firm or corporation who shall violate any pro- vision of this code shall, upon conviction thereof, be guilty of a Class 3 misdemeanor. Section 110.2 is amended to read as follows: PM-110.2 Appeals Board: In order to protect existing structures in the City by vigorous enforcement of this code, there shall be and there is hereby created a Property Maintenance Code Appeals Board, hereafter referred to as the Board, consisting of five (5) members who shall be appointed by City Council. Section 110.2.1 is amended to read as follows: PM-ii0.2.1 Membership: Said Board shall consist of five (5) residents of the City including one person skilled in real estate and property management, one general contractor, one registered architect or other professional person, one citizen who is a renter, and one citizen who is a homeowner. The renter member and the homeowner member shall resign if their status as renter or homeowner is changed. Initially, the Council shall appoint three (3) members for a term of three (3) years and two (2) members for a term of two (2) years, who may be reappointed at the expiration of their terms. Thereafter appoint- ments shall be for two (2) year terms and all members shall serve until their successors are appointed and qualified. Vacancies in the Board shall be filled by the Council for the unexpired term of any members whose term becomes vacant. The Board shall elect a chairman and vice-chairman from among its members for one year terms; such officials may be reelected. The code official shall appoint one (1) member of his department who shall act as secretary to the Board. A new section, Section 110.4, Appeals from Board, is added to read as follows: PM-110.4 Appeals from Board: Any person jointly or severally aggrieved by any final decision of the Board, or any officer, department, board or bureau of the City, may present to a court of record of the City a petition, duly certified, setting forth that such decision is illegal, in whole or in part, and specify- ing the grounds of such illegality. Such petition shall be presented to the court within fifteen (15) days after the filing of the decision in the office of the secretary of the Board. Thereafter, the procedure upon such petition shall be, mutatis mutandis, the same as is provided in Section 36-34, Code of the City of Roanoke (1979), as amended, for review of the decisions of the Board of Zoning Appeals. Section 111.2, Unreasonable repairs, is deleted. Section 111.4 is amended to read as follows: PM-111.4 Restraining actions: Anyone affected by such order shall within fifteen (15) days after service of such order apply to a court of record for an order restraining the code official from razing and removing such structure or parts thereof. The court shall determine whether the order of the code official is reasonable, and if found reasonable the court shall dissolve the restraining order, and if found not reasonable, the court shall continue the restraining order or modify it as the circumstances may require. ATTEST: PM-301.3 Loading areas: All automobile service stations and drive-in food establishments shall be paved with bituminous concrete or equivalent paved surfacing and shall be free from dirt and other litter and kept in good repair. When lighted for nighttime use, lights shall not be permitted to cast directly upon dwellings nearby. Section 301.6, Noxious weeds, is deleted. *** Section 301.10.2, Nonresidential areas, is deleted. Section 302.4.3 is amended to read as follows: PM-302.4.30penable windows: A portion of every window, other th~ a fixed window, shall be capable of being easily opened and shall be held in position by window hardware. *** Section 403.1, Separation of Units, is deleted. Section 502.2, Direct access, is deleted. Section 601.1 is amended to read as follows: PM-601.1 Residential buildings: Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of sixty-five (65) degrees F. *** Section 801.9, Caretaker, is deleted. Section 802.2 is amended to read as follows: PM-802.2 Tenant-occupant: The tenant-occupant of any structure shall be responsible for the continued rat-proof condition of the structure. 2. This ordinance shall be in force and effect on July 1, 1981. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25532. AN ORDINANCE amending Sections 36-381(a), Airport zones established and defined, and 36-386(a) and (b), Application of regulations to preexisting structures,'uses, etc., Code of the City of Roanoke (1979), as amended, in order to provide for an amendment to the City's airport zoning regulations. BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-381(a), Airport zones established and defined, and 36-386(a) and (b), Application of regulations to preexisting structures, uses, etc., Code of the City of Roanoke (1979), as amended, be and said sections are amended to read and provide as follows: Section 36-381. Airport zones established and defined. (a) There are hereby created and established within the city certain zones which include all of the land lying within instrument approach zones, noninstrumental approach zones, transition zones, horizontal zone and conical zone, as said zones are hereinafter defined. Such area and zones are shown on a certain map entitled "Roanoke Municipal Airport Zoning Map," consisting of one sheet, prepared by the City Engineer's office and dated November 18, 1980, which map, identified and authenticated by the signature of the mayor, is hereby adopted and made a part of this division by reference, and said map shall be hereafter filed and kept as is the official zoning map of the city and shall be supplementary thereto. Section 36-386. Application of regulations to preexisting structures, uses, etc. (a) The regulations prescribed by this division shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of August 29, 1966, or, where applicable, as of the effective date of any subsequent amendment to these regulations. Nothing contained in this division shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to August 29, 1966, or, where applicable, prior to the effective date of any subsequent amendment to this division, and is diligently prosecuted, except as to Section 36-383 preceding. (b) Notwithstanding the provisions contained in subsection (a) above, the owner of any structure, tree, natural growth or use which existed prior to August 29, 1966, or, where applicable, prior to the effective date of any subsequent amendment to the provisions of this division, and which is inconsistent with or in violation of the provisions of this division or an amend- ment thereto shall be required, as a condition of the continued maintenance of such structure, tree or use, to permit the city's installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the federal aviation agency or the City's airport manager, so as to indicate the presence of such object or hazardous use to operators of aircraft in the vicinity of the airport. Such markers and lights shall be installed, operated and maintained at the expense of the City and not of such owner. ATTEST APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25535. AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a deed .of easement to Appalachian Power Company to install and maintain underground electric lines within the Gainsboro Neighborhood Development Project. 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 a deed on such form as is approved by the City Attorney, to the Appalachian Power Company, conveying unto said Company the right to install and maintain underground electric lines within Section 7, Gainsboro Neighborhood Development Project, together with customary ancillary rights. The form of this easement shall be first approved by the City Attorney and shall correspond generally to the indenture dated March 11, 1981, attached to a Council report dated April 13, 1981, on this subject. The consideration for this grant shall be $1.00. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25543. AN ORDINANCE to amend and reordain subsection (g) of Section 32-64, Application for classification; assessment., etc., generally; criteria, of the Code of the City of Roanoke (1979), as amended, and to add a new subsection (h), the amended and added subsections to provide that if taxes on land subject to special use assessment have not been paid after notice to the landowner such property will be removed from the land use program; and to provide that that property which is rezoned, at the request of the owner or his agent, to allow a more intensive use shall be ineligible for special use assessments. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-64, Application for classification; assessment, etc., generally; criteria, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 32-64. Application for classification; assessment, etc., generally; criteria. (g) No application for assessment based on use shall be accepted or approved if, at the time the application is filed, the tax on the land affected is delin- quent. Upon the payment of all delinquent taxes, including penalties and interest, the application shall be treated in accordance with the provisions hereof. If on June 1 of any year the taxes for any prior year on any parcel of real property which has a special assessment as provided for in this chapter are delinquent, the city treasurer shall forthwith send notice of that fact and the general provisions of this subsection to the property owner by first-class mail. If, after sending such notice, such delinquent taxes remain unpaid on November 1, the treasurer shall notify the assessor and shall also notify the commissioner of revenue who shall remove such parcel from the land use program. (h) If at any time after July 1, 1980, the zoning of property taxed under the provisions of this chapter is changed to a more intensive use at the request of the owner or his agent, such property shall not be eligible for assessment and taxation under this chapter for the years such change is effective or any subsequent tax year, but it shall not be subject to roll-back taxes until a change in use occurs. When a change in use occurs, such owner shall be subject to roll-back taxes as provided in this chapter for those years the property was taxed in accordance with its use. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25550. 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 a proposed hotel/convention center development in the downtown area of the City. 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 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 $3,416,000.00, as further described in a report from the City Manager dated April 27, 1981, to provide partial financing for the construction of a hotel/convention center development and parking garage 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 April, 1981. No. 25552. AN ORDINANCE amending Ordinance No. 1816, which establishes six-foot building setback requirements on the north and south sides of Church Avenue between 3rd and 5th Streets, S. W., to waive this setback line as it affects the site for the construction of a ramp entrance for the handicapped at Central Church of the Brethren on Church Avenue, S. W.; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows that: 1. Ordinance No. 1816, enacted June 5, 1925, which establishes six-foot building setback requirements on the north and south sides of Church Avenue, between 3rd and 5th Streets, S. W., is amended to waive the setback requirement as it affects the construction of a ramp entrance for the handicapped at Central Church of the Brethren. The affected area is approximately 18 feet long and is parallel to the southern boundary of Church Avenue. 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 April, 1981. No. 25553. 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 Monday, May 4, 1981 at 7:00 P.M., at the Roanoke Civic Center Coliseum for the purpose of receiving final budget requests for the 1981-82 budget of the City. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25554. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation Projects ......................................... $2,546,762.24 Norwood Street Storm Drain (1) ............................ 705,057.99 Annex Storm Drain & Sewer Project (2) ..................... 147,327.09 (1) Appropriated From Bond Funds (A08220191701)---$ 2,100.00 (2) Appropriated From Bond Funds (A08220190201)--- (2,100.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST:~ ~ ~' City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25555. AN ORDINANCE providing for the acquisition of additional real estate needed by the City for the construction cf the Norwood Street Storm Drain Project; authorizing the City Manager to make an offer to the owners for this 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 this parcel for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Norwood Street Storm Drain Project in this City, the City wants and needs the following described real estate, lying in the City of Roanoke, Virginia: BEING 0.262 acre, lying south of the terminus of Lytham Drive, more particularly described on "Plat Showing 0.262 Acres, More or Less, Being Conveyed by Nelson & Ruby Martin to the City of Roanoke for Street Purposes," dated August 25, 1980, Roanoke City Plan No. 5695-D. The proper City officials are authorized to acquire this property for the City for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of the above land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $2,100.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay this consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owners of this real estate, should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of an owner be unknown, the City Attorney is authorized and directed to institute condemnation proceedings to acquire for the City the appropriate real estate. 4. In instituting and 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 sum offered to the owners, from funds heretofore or simultaneously appropriated for the purpose. 5. The City Clerk is directed to mail a copy of this ordinance to the property owners. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance is in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN%A, The 27th day of April, 1981. No. 25556. AN ORDINANCE providing for the City's acquisition of real property located at the inter- section of Brandon and Colonial Avenues for use as a City park; authorizing an agreement with WDBJ Television, Inc. for the construction and maintenance of the park; 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 accept on behalf of the City from Virginia Department of Highways and Transportation (VDH&T), title to real property for use as a public park as part of the City's park system, which park shall be constructed and maintained by WDBJ Television, Inc. under agreement with the City. This land lies at the southwest intersection of Brandon and Colonial Avenues, Roanoke, Virginia, and is described as the northerly 10 feet of the residue (after the construction of Route 220, Roy L. Webber Expressway) of Lot 5, and the residue of Lots 6, 7 and 8, Section 4, Colonial Heights Subdivision. The deed conveying the property from VDH&T to the City shall be upon such form as is approved by the City Attorney. The consideration for this grant will be the conveyance by the City to VDH&T of two parcels, one lying on the north side of Hershberger Road and the other lying at the intersection of Gus Nicks Boulevard and Eastern Avenue, in Thrasher Park, as described in a report dated April 13, 1981 from the City Manager on this subject, on file in the Office of the City Clerk. 2. The appropriate City officials are authorized to negotiate and enter into an agreement with WDBJ Television, Inc. providing for the planning and for the construction and perpetual maintenance of the proposed park by WDBJ Television, Inc., at no cost to the City. This agreement shall be prepared at WDBJ Television, Inc.'s expense, shall contain such reasonable and customary terms and conditions as the City Manager may require or agree to and 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. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25558. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS City Clerk (1) ............................................. $ City Manager (2) ........................................... Citizen's Request (3) ...................................... City Attorney (4) .......................................... Director of Finance (5) .................................... Billings and Collections (6) ............................... Commissioner of Revenue (7) ................................ Real Estate Valuation (8) .................................. Director of Utilities and Operations (9) ................... Personnel Management (10) .................................. Electoral Board (11) ....................................... Law Library (12) ........................................... Commonwealth's Attorney (13) ............................... Police - Invemtigation (14) ................................ 114,252.00 195,499.00 75,081.00 213,346.00 369,067.00 370,267.00 307,181.00 327,406.00 72,284.00 201,412.00 86,208.00 19,959.00 224,854.00 821,570.00 Police - Patrol (15) ....................................... 2,911,086.00 Police - Services (16) ..................................... 391,357.00 Police - Training (17) ..................................... 70,660.00 Fire - Prevention (18) ..................................... 146,893.00 Fire - Suppression (19) .................................... 4,108,290.00 Fire - Training (20) ....................................... 17,120.00 Regional Intake (21) ..................................... $ 50,896.00 Animal Control (22) ...................................... 78,544.00 Signals and Alarms (23) .................................. 312,316.00 Refuse Collection (24) ................................... 1,973,861.00 Social Services - Administration (25) .................... 274,411.00 Food Stamp Authorization (26) ............................ 256,648.00 Social Services - Income Maintenance (27) ................ 2,247,866.00 Social Services - Services (28) .......................... 3,496,828.00 Nursing Home (29) ........................................ 619,808.00 City Information Services (30) ........................... 778,691.00 Engineering (31) ......................................... 486,444.00 Materials Control (32) ................................... 525,174.00 Management Services (33) ................................. 166,426.00 Communications (34) ...................................... 492,266.00 Street Maintenance (35) .................................. 2,271,353.00 Building Maintenance (36) ................................ 1,545,279.00 Custodial Services (37) .................................. 491,717.00 Grounds Maintenance (38) ................................. 1,047,061.00 Motor Vehicle Maintenance (39) ........................... 937,570.00 Personnel Lapse (40,41) .................................. 75,040.00 Sheriff (42) ............................................. 260,682.00 Jail (43) ................................................ 1,235,227.00 (1) Salaries and Wages (A01112010002) (2) Salaries and Wages (A01121110002) (3) Salaries and Wages (A01121310002) (4) Salaries and Wages (A01122010002) (5) Salaries and Wages (A01123110002) (6) Salaries and Wages (A01123210002) (7) Salaries and Wages (A01123310002) (8) Salaries and Wages (A01123510002) (9) Salaries and Wages (A01125010002) (10) Salaries and Wages (A01126110002) (11) Salaries and Wages (A01131010002) (12) Salaries and Wages (A01215010002) (13) Salaries and Wages (A01221010002) (14) Salaries and Wages (A01311210002) (15) Salaries and Wages (A01311310002) (16) Salaries and Wages (A01311410002) (17) Salaries and Wages (A01311510002) (18) Salaries and Wages (A01321210002) (19) Salaries and Wages (A01321310002) (20) Salaries and Wages (A01321410002) (21) Salaries and Wages (A01334010002) (22) Salaries and Wages (A01353010002) (23) Salaries and Wages (A01416010002) (24) Salaries and Wages (A01421010002)- (25) Salaries and Wages (A01531110002) (26) Salaries and Wages (A01531210002) (27) Salaries and Wages (A01531310002) (28) Salaries and Wages (A01531410002) (29) Salaries and Wages (A01534010002) (30) Salaries and Wages (A06160110002) (31) Salaries and Wages (A06160510002) (32) Salaries and Wages (A06161310002) (33) Salaries and Wages (A06161710002) (34) Salaries and Wages (A06161910002) (35) Salaries and Wages (A06262110002) (36) Salaries and Wages (A06263110002) (37) Salaries and Wages (A06263210002) (38) Salaries and Wages (A06263510002) (39) Salaries and Wages (A06264010002) (40) Personnel Lapse (A01941010025) (41) Personnel Lapse (A06360110025) (42) Salaries and Wages (A01214010002) (43) Salaries and Wages (A01331010002) ($ 300.00) ( 500.00) ( 80.00) ( 300.00) ( 5,300.00) ( 1,200.00) (10,000.00) (22,000.00) ( 5,000.00) ( 1,300.00) ( 900.00) ( 900.00) ( 3,500.00) (14,000.00) (20,000.00) ( 2,000.00) ( 700.00) ( 1,ooo.oo) ( 6,00o.oo) ( 20o.00) ( 100.00) ( 1,000.00) ( 3,000.00) ( 45o.oo) ( 2,200.00) ( 200.00) (11,000.00) (12,000.00) ( 2,500.00) ( 11o.oo) ( 800.00) ( 6,200.00) ( 400.00) ( 4,000.00) (12,000.00) ( 5,000.00) (20,000.00) ( 9,000.00) (18,000.00) 127,630.00 75,510.00 (18,963.00) 18,963.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 44-4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25559. AN ORDINANCE accepting a bid and awarding a contract for curb, gutter, entrance, paving and related drainage work on Redwood Road, Catawba Street and Garden City Boulevard; 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 of Roanoke, Virginia, for furnishing all tools, labor, machinery and materials necessary to construct certain curb, gutter, entrance, paving and related drainage work on Redwood Road, Catawba Street and Garden City Boulevard in accordance with the City's plans and specifications for the total sum not to exceed $115,399.05 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 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 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. 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. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25560. A RESOLUTION rejecting all bids for Belt Filter Presses for the Sewage Treatment Plant; authorizing the return of cash bonds submitted by certain bidders; and authorizing the City Adminis- tration to proceed with design of the Dewatering Facility. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Ail bids received by the City for the Belt Filter Presses for the Sewage Treatment Plant are hereby REJECTED. 2. The City Mmnager is directed to return the cash bonds to those bidders who submitted the same with their bids. 3. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 4. The City Administration is authorized to proceed with design of the Dewatering Facility based on the Winklepress or equal. . ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25562. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Airport 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 1980-81 Airport Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Engineering Service Agreement (1) ........................ $44,519.00 Acquire Land/Noise Abatement (2) ......................... 85,520.00 1) Parking Lot (A04511092001) $ 18,800.00 2) Acquire Land/Noise Abatement (A04511091801)(18,800.00) 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 27th day of April, 1981. No. 25563. AN ORDINANCE authorizing the City Manager to enter into an agreement on behalf of the City amending an engineering contract with Delta Associates, Inc., relative to the improvement of the airport access road and parking lot, which agreement will increase the compensation to be paid to this firm; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subject to any required approval of the Federal Aviation Administration, the City Manager, H. B. Ewert, or the Assistant City Manager, Sam H. McGhee, III, is hereby authorized and directed to execute on behalf of the City, and the City Clerk is authorized to attest, an agreement on such form as is approved by the City Attorney, amending the City's contract dated March 13, 1979, with Delta Associates, Inc. to increase the compensation to be paid by the City to this firm by no more than $22,600, representing $3,800 for additional work related to the access road and $18,800 for additional work related to the parking lot improvement. These funds shall be paid 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1981. No. 25565. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~ Appropriations Education $35,151,612.03 Roanoke City Public Schools (1) .......................... 35,080,464.00 Revenue Grants,in-Aid Commonwealth $31,574,121.35 Education (2) ........................................ ..... 18,662,554.00 (1) State & Federal Programs (A01611085201) (2) State & Federal Programs (R01062025) $21,280.00 21,280.00 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 April, 1981. No. 25566. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fuel Assistance (1) .......................................... $ 72,620.00 General Fund Contingency Reserve (2) ......................... 325,130.00 (1) General Fund Contingency Reserve (A01941032006)---$ 15,440.00 (2) Salaries and Wages (A01531510005) (15,440.00) 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 27th day of April, 1981. No. 25567. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education ........................................................ $35,221,051.00 Roanoke City Public Schools (1) ................................ 35,141,854.00 Revenue Grants-in-Aid Commonwealth ....................................... 31,637,211.00 State School Funds (2) ......................................... 10,030,105.00 (1) Pupil Transportation Services (A01611068511) (2) State School Funds (R01062010) $82,670.00 82,670.00 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 May, 1981. No. 25541. AN ORDINANCE accepting a bid for certain concession privileges to be exercised on City owned property, 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 Stone Enterprises for concession privileges at Victory Stadium, Maher Field and the National Guard Armory for the fee of $100.00 per month or 37% of gross sales, whichever is larger, and at Fallon Park Swimming Pool for the fee of 36 1/2% of gross sales be and 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 in writing with the aforesaid concessionaire respecting the concession privileges to be exercised by said concessionaire as herein awarded, such contract to have incorporated into it all of the terms, provisions and conditions contained in the City's form of proposal advertised for bids and on which the aforesaid concessionaire's bid to the City was made, such contract to be in form approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1981. No. 25551. AN ORDINANCE permitting the construction of certain footings for an addition to be erected by the law firm of Woods, Rogers, Muse, Walker & Thornton to its offiCe building at 105 Franklin Road, S. W., to encroach upon said road and a parallel alley through block 2, Official Survey, S.W. 2, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted to the law firm of Woods, Rogers, Muse, Walker & Thornton, owner of certain property fronting on Franklin Road, S. W., to construct and maintain as underground encroachments into the public right-of-way of Franklin Road, S. W., to a depth of 2- 3/4 inches for a distance of 38.09 feet along said street and into the public right-of-way of a parallel alley through Block 2, Official Survey, S.W.2, for a depth of 8 inches for a distance of 34 feet and 8 inches along said alley, as said street and alley abut said property, building footings as shown on a certain map prepared by Hayes, Seay, Mattern & Mattern, dated February 19, 1981, a copy of which is on file in the Office of the City Clerk. 2. The aforementioned footings shall be constructed in a proper and safe manner in accordance with the building regulations of the City of Roanoke, under a building permit issued therefor by the Building Commissioner of the City. ~ 3. It is expressly understood and agreed by the aforementioned firm that the permission herein granted is subject to the limitations contained in Section 15.1-376, et. seq., Code of Virginia (1950), as amended, and that the said firm, by making and maintaining the said encroachments agrees that it, and its successors and assigns, will indemnify and save harmless the City of Roanoke of any and all claims for injuries or damages to property or persons that may arise by reason of such encroachment. 4. The aforesaid firm shall pay to the City a fee of $50.00 for the right herein granted. 5. The provisions of this ordinance shall not become effective until such time as an attested copy of this ordinance shall have been duly executed and acknowledged by the aforesaid firm and shall have been admitted to record at the expense of the firm in the Clerk's Office of the Circuit Court of the City of Roanoke. ACCEPTED AND EXECUTED by the undersigned this day of , 1981. WOODS, ROGERS, MUSE, WALKER & THORNTON STATE OF VIRGINIA ) ) To-wit: ) By. Partner I, , a Notary Public, in and for the City of Roanoke, State of Virginia, do hereby certify that , a Partner of Woods, Rogers, Muse, Walker & Thornton, whose name is signed to the foregoing ordinance has personally appeared before me in the aforesaid jurisdiction and acknowledged the same. GIVEN under my hand this day of , 1981. My Commission expires: Notary Public ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1981. No. 25557. AN ORDINANCE providing for the conveyance by the City to the Virginia Department of Highways and Transportation of two parcels, one lying on the north side of Hershberger Road and the other lying at the intersection of Gus Nicks Boulevard and Eastern Avenue, N. E., for road improvement purposes. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are authorized and directed to execute and attest, respectively, and to deliver to the Virginia Department of Highways and Transportation (VDH&T) the City's deed, upon such form as is approved by the City Attorney, granting to the VDH&T the following described real estate, lying in the City of Roanoke, Virginia: (a) located at the northwest intersection of present Hershberger Road and present Aviation Road, known as VDH&T parcel 025, and further described in the City Manager's report dated April 13, 1981 on this subject, on file in the Office of the City Clerk; provided, however, that this grant shall be made only with the advice of the Airport Advisory Commission and with any necessary consent of the Federal Aviation Administration; (b) located at the intersection of Gus Nicks Boulevard and Eastern Avenue, N. E., a part of Thrasher Park, now used as Eastern Avenue, known as VDH&T parcel 009, further described in the City Manager's report referred to above. The consideration for these grants is the conveyance by VDH&T to the City of a parcel at the southwest intersection of Brandon and Colonial Avenues for park purposes, as described in the City Manager's report referred to above. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1981. No. 25561. AN ORDINANCE authorizing and directing the proper City officials to enter into a five- year lease between the City and the Virginia State Department of Health, for use of the Health Center Building and surrounding property at Campbell Avenue, S. W., and 8th Street, S. W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be, and they are hereby, authorized and directed, respectively, to execute and attest, for and on behalf of the City of Roanoke, a lease in such form as is approved by the City Attorney, with the Virginia State Department of Health, for use of that certain lot or parcel of land situate in the City of Roanoke on the southwest corner of Campbell Avenue, S. W., and 8th Street, S. W., together with the building located thereon, known as the "Health Center Building," for a period of five (5) years and yielding a monthly rental of $3000.00 with lessee to bear the expense of electricity and water for said premises, said lease period to commence July 1, 1981 and end June 30, 1986; such lease to 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 4th day of May, 1981. No. 25564. AN ORDINANCE permanently vacating, discontinuing and closing Commonwealth Avenue, N. E., from the south side of Wells Avenue to the north side of Shenandoah Avenue, in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Virginia Holding Corporation has heretofore filed its application with 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, Virginia Holding Corporation did, on January 29, 1981, duly and legally publish as required by Section 15.1-364 of the 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 March 4, 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 Monday, April 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 requestec closing of the hereinafter described street have been properly notified; and WHEREAS, it appearing to Council that the applicant and/or its parent company will, should the pending application be approved, expend the approximate sum of $491,000 for construction and improvements as outlined on Exhibit A attached to this ordinance; and WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public for permanently vacating, discontinuing, and closing said street as requested by Virginia Holding Corporation and as recommended by the City Planning Commission and that the City of Roanoke will, by virtue of the improvements and expenditures to be made by the applicant and/or its parent company, be adequately compensated for the requested street closing. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: (1) In consideration of conveyance to the City of Roanoke by Virginia Holding Corporation of two (2) parcels of land situated in this City (such parcels being shown in yellow on print of plan N-34105, dated April 3, 1981, attached hereto and made a part hereof as Exhibit B) and Virginia Holding Corporation's making certain off-site improvements to the Wells Avenue entrance to Hotel Roanoke, to the intersection of Wells Avenue and Jefferson Street, to the intersection of Williamson Road and Shenandoah Avenue, and to the intersection of Jefferson Street and Shenandoah Avenue, the total estimated cost of such off-site improvements being $24,000, the City agrees to permanently vacate, discontinue and close that certain street situate in the City of Roanoke, Virginia, and more particularly described as follows: BEGINNING at a point in the western line of Commonwealth Avenue, N. E., the eastern line of land of Virginia Holding Corporation; thence crossing Commonwealth Avenue, S88°45'26"E, 85.44 feet to the point of intersection of the southern line of Wells Avenue, N. E., with the eastern line of Commonwealth Avenue, N. E., corner to land of Virginia Holding Corporation; thence with said eastern line of Commonwealth Avenue, N. E., the western line of said land of Virginia Holding Corporation, as follows: curving to the left, with a radius of 25.00 feet, southwardly, for a distance of 31.55 feet to a point; thence S18°55'33"W, 150.24 feet to a point; thence S15°16'W, 200.00 feet to a point; thence S20°28'17"W, 13.71 feet to a point; thence curving to the left with a radius of 20.00 feet, southwardly, for a distance of 38.07 feet to the point of intersection of said eastern line of Commonwealth Avenue, N. E., with the northern line of Shenandoah Avenue, N. E., corner to said land of Virginia Holding Corporation; thence with said northern line of Shenandoah Avenue, N. E., produced, N89~14'W, about 55 feet to a point; thence curving to the left with a radius of 200.0 feet, southwestwardly, for a distance of about 110 feet to a point in the western line of Commonwealth Avenue, N. E., the eastern line of land of Virginia Holding Corporation; thence with said western line of Commonwealth Avenue, N. E. the eastern line of said land of Virginia Holding Corporation, as follows: curving to the left, with a radius of 196.2 feet, northeastwardly for a distance of 45.6 feet to a point; thence curving to the left, with a radius of 268.2 feet, northeastwardly, for a distance of about 130 feet to a point; thence N15°16'E, 142.00 feet to a point; thence N18°55'33"E, 150.15 feet to the point of BEGINNING, and containing 0.66 of an acre, more or less. (2) The above-described mtreet 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 Roanoke an easement for sewer lines and water mains and 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. (3) The City Engineer be, and he hereby 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. (4) The Clerk of the Council be, and hereby is, directed to 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 Virginia Holding Corporation 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 4th day of May, 1981. No. 25568. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Fund Contingency Reserve (1) ............................ $280,310.00 Materials Control (2) ........................................... 566,574.00 (1) General Fund Contingency Reserve (A01941032006) .... $(35,200.00) (2) Fees for Professional Services (A06161320010) ...... $ 35,200.00 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 4th day of May, 1981. No. 25569. AN ORDINANCE authorizing the City Manager to enter a contract with Total Action Against Poverty providing for the expenditure of funds previously authorized by Council for certain architec- tural and engineering services to be incurred by Total Action Against Poverty in the Harrison School Project; 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 a contract with Total Action Against Poverty (TAP) providing for the City's payment of certain expenses of architectural and engineer- ing services incurred by TAP in the Harrison School Project upon certain terms and conditions outlined in the report of the City Manager, dated May 4, 1981; 2. Payment for architectural and engineering services for such project shall not exceed $30,000.00, which amount has previously been authorized by this Council, without further action of Council. 3. The form of the contract between the City and TAP 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 pas- sage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1981. No. 25570. AN ORDINANCE awarding contracts for supplying rock salt to the City; accepting bids made therefor; rejecting another bid; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proposals of International Salt Company and Morton Salt Company for each supplying to the City 475 tons of rock salt at $32.66 per ton are hereby ACCEPTED. The total cost of these supplies, $31,027.00, shall be paid from funds heretofore or simultaneously appropriated for this purpose. 2. The City's Manager of Purchasing and Materials Control is authorized and directed to issue the requisite purchase orders for the rock salt, in accordance with 'the City's specifica- tions, the bidders' proposals made therefor and in accordance with this ordinance. 3. The other bid received for this item is hereby REJECTED. The City Clerk is directed to so notify the other bidder and to express the City's appreciation for its bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 1981. No. 25571. AN ORDINANCE accepting a certain bid and awarding a certain contract for alterations and additions at Hurt Park in the City of Roanoke, Virginia, upon certain terms and conditions; 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 Boxley Construction Company, Inc., of Roanoke, to make certain improvements at Hurt Park, in full accordance with the City's plans and specifications made therefor and with said bidder's proposal, and specifically including alternate bid number 3, for a total price of $102,265.00, plus a contingency of $2,395.51, for all said work be, and said bid is hereby ACCEPTED. 2. That the City Manager and the City Clerk be, and they are hereby authorized and directed to enter into a written contract on behalf of the City with the aforesaid successful bidder for the improvements above-mentioned in Paragraph 1, said contract to have incorporated therein the City's plans and specifications for the work so authorized to be done, the bidder's proposal made to the City, and the provisions of this ordinance; and upon satisfactory completion of said work and acceptance by the City, the Director of Finance shall be, and is hereby authorized and directed to make payment to said contractor in accordance with the provisions of this ordinance and said contract, charging said payments to appropriations heretofore or hereafter made by the Council for said improvements. 3. Ail other bids made to the City for the aforesaid alterations and additions be and they are hereby REJECTED. 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 llth day of May, 1981. No. 25572. A RESOLUTION setting forth the findings of this Council with respect to the public hearing required concerning the real property tax levy and rate by Section 58-785.1, Code of Vir- ginia (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 forthcomin~ 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 the rate above such reduced rate if such increase is deemed necessary by the Council; WHEREAS, on May 11, 1981, this Council held a public hearing with respect to the proposed real property tax rate, which hearing was properly advertised once a week for two consecutive weeks at least thirty (30) days prior to the date of the hearing, 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 $1.38 on every $100.00 of fair market value of real property is deemed to be necessary effective with the tax year commencing July 1, 1981, to provide revenue for the operation and administration of the City govern ment, the operation of public schools and for other municipal expenses and purposes. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1981. No. 25574. A RESOLUTION setting a public hearing before the Council on the proposal of an increase in the transient occupancy tax imposed and levied on and after July 1, 1981. WHEREAS, the Council, in deliberating the adoption of an annual budget for the City of Roanoke for the fiscal year commencing July 1, 1981, has determined that it will be necessary to increase the transient occupancy tax rate from one percent (1%) of the total amount paid for room rental to four percent (4%); WHEREAS, Council is desirous that a duly advertised public hearing be held with respect to such proposed tax increase as required by Section 58-846.1, Code of Virginia (1950), as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A public hearing shall be held before the Council of the City of Roanoke at 7:30 p.m., on June 8, 1981, in the City Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia, for the purpose of allowing all citizens of this City to be heard on the subject of a proposal to increase the transient occupancy tax rate from one percent (1%) of the total amount paid for room rental to four percent (4%) on and after July 1, 1981; 2. The City Clerk is directed to cause notice of the aforesaid public hearing to be published in The Roanoke Times & World News at least fifteen (15) days prior to the date of said public hearing, the form of such notice to be approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1981. No. 25577. A RESOLUTION authorizing the City Manager to execute the requisite document to enable the City to receive funds for computerization of library operations. 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," to enable the City to receive funding for the computerization of library operations, such document to be forwarded to the State Librarian. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1981. No. 25578. A RESOLUTION authorizing the holding of two regular Council meetings during the months of June, July and August, 1981. 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, 1981, shall be as follows: a) June 8, 1981 - 7:30 P.M. b) June 22, 1981 - 2:00 P.M. c) July 13, 1981 - 7:30 P.M. d) July 27, 1981 - 2:00 P.M. e) August 10, 1981 - 7:30 P.M. f) August 24, 1981 - 2:00 P.M. APPROVED ATTEST: City Clerk Mmyor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1981. No. 25580. A RESOLUTION establishing the fees to be charged by the City for collection of bulk container units and for refuse collection in excess of the minimum level of service and establishing the credit for the minimum level of service, such fees and credit to be effective July 1, 1981. 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 Front-loa~ing buik container (per collection) Rear-loading bulk container (per collection) Individual refuse containers (per collection): Collection of up to and including ten (10) containers Collection of eleven (11) through twenty (20) containers - Collection of more than twenty (20) containers - $ 9.00 per container $ 4.00 per container $ 1.00 $ 1.50 Such fees and credit shall apply to collections made on and after July 1, 1981. City Clerk Mayor APPROVED ATTEST: 3. No charge shall be levied against single-family residential dwellings or against any other property where the service provided does not exceed the minimum level of service. 2. The credit for the minimum level of service shall be $4.33 per month. $ 2.00. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1981. No. 25582. AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1981, and ending June 30, 1982; 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, 1981, and ending June 30, 1982, shall constitute a General Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the 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 Miscellaneous Receipts Non-Revenue Receipts Internal Services $26,754,807.00 20,683,455.00 221,100.00 373,750.00 667,500.00 28,786,321.00 4,049,910.00 3,426,106.00 1,129,956.00 1,076,695.00 2,336,119.00 Total Revenue $89,505,719.00 APPROPRIATIONS Council City Clerk City Manager - Administration Budget and Systems Citizen's Request City Attorney Director of Finance Division of 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 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 Squads 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 $ 88,551.00 122,883.00 206,190.00 56,062.00 63,112.00 214,185.00 398,089.00 384,915.00 352,507.00 298,715.00 372,371.00 25,985.00 164,170.00 64,732.00 63,873.00 214,749.00 67,035.00 42,550.00 106,955.00 54,475.00 338,910.00 10,525.00 423,392.00 8,911.00 464,099.00 42,562.00 255,736.00 82,126.00 843,542.00 3,070,635.00 470,901.00 81,558.00 50,724.00 151,861.00 4,210,832.00 21,277.00 69,500.00 1,373,530.00 331,078.00 80,832.00 54,642.00 140,199.00 160,638.00 246,663.00 64,597.00 97,120.00 15,000.00 132,050.00 436,750.00 334,500.00 1,750,291.00 Commercial Refuse 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 Community College Community Education 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 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 Vehicle Maintenance Personnel Lapse Contingency Total Appropriations $ 573,512.00 667,120.00 206,947.00 260,085.00 343,117.00 298,343.00 2,264,834.00 3,448,530.00 87,902.00 177,000.00 5,365.00 668,706.00 33,595,036.00 3,933.00 13,296.00 719,788.00 27,350.00 52,101.00 25,900.00 27,000.00 788,170.00 144,088.00 62,052.00 19,331.00 80,070.00 531,200.00 55,495.00 6,203,960.00 95,000.00 8,078,985.00 475,000.00 225,000.00 828,389.00 521,255.00 127,910.00 493,884.00 174,652.00 535,759.00 2,619,599.00 1,411,150.00 1,811,924.00 559,767.00 523,207.00 996,922.00 (500,000.00) $89,505,719.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another; 4. That this Ordinance shall be known and cited as the 1981-82 General Fund Appropriation Ordinance; and 5. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1981. APPROVED ATTEST: ~~.~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1981. No. 25583. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1981, and ending June 30, 1982; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Water Fund in the fiscal year beginning July 1, 1981, and ending June 30, 1982, and any surplus funds as of June 30, 1981, shall constitute a Water Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating Non-Operating $ 3,363,500.00 410,980.00 Total Revenue $ 3~774,480.00 APPROPRIATIONS General Operating Expense Water Pumping Station and Tanks Water Purification Depreciation Interest Expense Capital Outlay $ 1,873,517.00 402,769.00 412,677.00 693,000.00 86,000.00 602,125.00 Total Appropriations $ 4,070,088.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1981-82 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, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1981. No. 25584. AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1981, and ending June 30, 1982; 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, 1981, and ending June 30, 1982, and any surplus funds as of June 30, 1981, shall constitute a Sewage Treatment Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: REVENUE Operating Non-Operating $5,565,0'00.00 15,200.00 Total Revenue $5,580,200.00 APPROPRIATIONS General Operating Expenses Lateral Maintenance and Replacement Depreciation Interest Expense $4,326,506.00 450,000.00 960,000.00 242,050.00 Total Appropriations $5,978,556.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1981-82 Sewage Treatment Fund Appropriation Ordinance; and 4. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1981. No. 25585. AN ORDINANCE adopting the annual Municipal Airport Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1981, and ending June 30, 1982; 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 Municipal Airport Fund in the fiscal year beginning July 1, 1981, and ending June 30, 1982, and any surplus funds as of June 30, 1981, shall constitute a Municipal 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 Non-OPerating $1,514,100.00 36,000.00 Total Revenue $1,550,100.00 APPROPRIATIONS Operating Expense Depreciation Interest Expense Capital Outlay $1,246,805.00 610,000.00 39,626.00 37,000.00 Total Appropriations $1,933,431.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1981-82 Municipal 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, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1981. No. 25586. AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1981, and ending June 30, 1982; 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, 1981, and ending June 30, 1982, and any surplus funds as of June 30, 1981, 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 $ 579,200.00 Non-Operating 340~424.00 Total Revenue $919,624.00 APPROPRIATIONS Operating Expense Promotional Expense Depreciation Total Appropriations $1,150,436.00 56,600.00 330,000.00 $1,537,036.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 1981-82 Civic Center Fund Appropriation Ordinance; and 4. That, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 1981. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25573. 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 re%rdained as follows: Section 32-16. Levied; rate. Pursuant to section 2, subsection (1), and section 47 of the 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 ~ity 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 tax year, 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-eight cents ($1.38) 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-eight cents ($1.38) 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 classi- fications 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 incorporated 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-eight cents ($1.38) on every one hundred dollars ($100.00) of such assessed value. tax year commencing on July 1, 1981, and thereafter. ATTEST: The rates of tax herein provided and imposed shall be in force and effect for the APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25575. AN ORDINANCE permanently vacating, discontinuing and closing that certain alleyway des- cribed as beginning at a point corner to Bullitt Avenue, etc., in the City of Roanoke, Virginia, as is more particularly described hereinafter; WHEREAS, Merchants Parking Company, Inc., has heretofore filed its application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanent ly yacate, discontinue and close the within described alley, which is more particularly described hereinafter; and WHEREAS, Merchants Parking Company, Inc., did, on February 4, 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 (1979), as amended, and having a hearing at its regular meeting on April 6, 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 monthl meeting on May 11, 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 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 Merchants Parking Company, Inc., and recommended by the City Planning Commission. 452 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 corner to Bullitt Avenue, S. W., and South Jefferson Street S. 88° 7' E. 133.93 feet to the point of ACTUAL BEGINNING; thence S. 6° 15' 52" E. 86.95 feet to a point; thence S. 88~ 4' 32" W. 85.1 feet to a point; thence N. 2~ 33' 18" W., 11.12 feet to a point; thence N. 87~ 9' E. 75.0 feet to a point; thence N. 7~ 53' W. 74.81 feet to a point; thence N. 88° 7' E. 8.75 feet to the point of ACTUAL BEGINNING; and BEING THAT certain alleyway beginning on Bullitt Avenue, S. W., and running through Lot 23, Block 7, Official Survey Sheet S. W. #2, all as shown on a Plat prepared by C. B. Malcolm & Son, S.C.E., dated June 4, 1962. 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 name of Merchants Parking Company, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25576. AN ORDINANCE permanently vacating, discontinuing and closing a portion of Indiana Avenue, N.E., 20 feet wide, 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 February 23, 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 (1979), as amended, and having a hearing at its regular meeting on April 1, 1981, 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 May 11, 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 avenue 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 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: BEGINNING at a point in the southerly line of Indiana Avenue, 20 feet wide, said point of beginning being in the easterly line of Lot 16, Oakland Subdivision, and also being the northwesterly corner of Lot 2, Block 40, Deanwood Terrace; thence with the easterly line of said Lot 16, Oakland Subdivision, N. 12° 50' 09" E. 20.80 feet, corner to Lots 21 & 22, Oakland Subdivision; thence with the southerly line of Lots 22, 23, 24 and 25, Oakland Subdivision, N. 86° 56' 07" E. 230.23 feet to a point in the line of a previously vacated and closed section of Indiana Avenue, N. E., on June 14, 1976, Ordinance No. 22973, Ordinance Book 42, page 415; thence with said line S. 08° 25' 53" E. 20.09 feet to a point in the northerly line of previously vacated and closed 6th Street, N. E., Ordinance No. 22553, and also being the northerly line of Deanwood Terrace; thence with the northerly line of Deanwood Terrace and along the said southerly line of Indiana Avenue, S. 86° 56' 07" W. 237.81 feet to the point of BEGINNING, containing 0.1075 Acre, and as shown on a plat made by Ross & France, Ltd., Certified Engineers and Surveyors, dated November 25, 1980, 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 Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across 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 he 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 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 Wilson Trucking Corporation 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 26th day of May, 1981. No. 25579. AN ORDINANCE to adopt and provide a new Pay Plan for the employees of the City of Roanoke effective July 1, 1981; amending and modifying Ordinance No. 25069 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, 1981, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: CITY OF ROANOKE PAY PLAN EFFECTIVE JULY 1, 1981 (LONGEVITY RANGE) HOURLY ANNUAL EQUIV. STEP A STEP B STEP C STEP D STEP E STEP F EQUIV. (6,860.36) (7,203.30)(7,563.40) (7,941.70) (8,338.72) 1 3.2981 263.85 277.05 290.90 305.45 320.72 336.75 8,755.50 2 ( 1L) 3.4631 277.05 290.90 305.45 320.72 336.75 353.59 9,193.34 3 ( 2L) 3.6363 290.90 305.45 320.72 336.75 353.59 371.27 9,653.02 4 ( 3L) 3.8181 305.45 320.72 336.75 353.59 371.27 389.84 10,135.84 5 ( 4L) 4.0090 320.72 336.75 353.59 371.27 389.84 409.34 10,642.84 6 ( 5L) 4.2094 336.75 353.59 371.27 389.84 409.34 429.81 11,175.06 7 ( 6L) 4.4199 353.59 371.27 389.84 409.34 429.81 451.30 11,733.80 8 ( 7L) 4.6409 371.27 389.84 409.34 429.81 451.30 473.86 12,320.36 9 ( 8L) 4.8730 389.84 409.34 429.81 451.30 473.86 497.55 12,936.30 10 ( 9L) 5.1167 409.34 429.81 451.30 473.86 497.55 522.43 13,583.18 11 (10L) 5.3726 429.81 451.30 473.86 497.55 522.43 548.55 14,262.30 12 (llL) 5.6412 451.30 473.86 497.55 522.43 548.55 575.98 14,975.48 13 (12L) 5.9232 473.86 497.55 522.43 548.55 575.98 604.78 15,724.28 14 (13L) 6.2194 497.55 522.43 548.55 575.98 604.78 635.02 16,510.52 15 (14L) 6.5304 522.43 548.55 575.98 604.78 635.02 666.76 17,335.76 16 (15L) 6.8569 548.55 575.98 604.78 635.02 666.76 700.10 18,202.60 (LONGEVITY RANGE) 17 (165) 18 (175) 19 (185) 20 (195) 21 (205) 22 (215) 23 (225) 24 (235) 25 (245) 26 (25L) 27 (265) 28 (275) 29 (285) 30 (295) 31 (305) 32 (315) 33 (325) 34 (335) 35 (345) 36 (355) 37 (365) 38 (375) 39 (385) 40 (395) 41 (405) (415) HOURLY EQUIV. STEP A 7.1997 575.98 7.5597 604.78 7.9377 635.02 8.3345 666.76 8.7512 700.10 9.1888 735.10 9.6482 771.86 10.1306 810.45 10.6372 850.98 11.1691 893.53 11.7275 938.20 12.3139 985.11 12.9295 1,034.36 13.5760 1,086.08 14.2548 1,140.38 14.9676 1,197.41 15.7159 1,257.27 16.5017 1,320.14 17.3268 1,386.14 18.1932 1,455.46 19.1028 1,528.22 20.0580 1,604.64 21.0609 1,684.87 22.1139 1,769.11 23.2196 1,857.57 24.3806 1,950.45 ANNUAL STEP B STEP C STEP D STEP E STEP F EQUIV. 604.78 635.02 666.76 700.10 735.10 19,112.60 635.02 666.76 700.10 735.10 771.86 20,068.36 666.76 700.10 735.10 771.86 810.45 21,071.70 700.10 735.10 771.86 810.45 850.98 22,125.48 735.10 771.86 810.45 850.98 893.53 23,231.78 771.86 810.45 850.98 893.53 938.20 24,393.20 810.45 850.98 893.53 938.20 985.11 25,612.86 850.98 893.53 938.20 985.11 1,034.36 26,893.36 893.53 938.20 985.11 1,034.36 1,086.08 28,238.08 938.20 985.11 1,034.36 1,086.08 1,140.38 29,649.88 985.11 1,034.36 1,086.08 1,140.38 1,197.41 31,132.66 1,034.36 1,086.08 1,140.38 1,197.41 1,257.27 32,689.02 1,086.08 1,140.38 1,197.41 1,257.27 1,320.14 34,323.64 1,140.38 1,197.41 1,257.27 1,320.14 1,386.14 36,039.64 1,197.41 1,257.27 1,320.14 1,386.14 1,455.46 37,841.96 1,257.27 1,320.14 1,386.14 1,455.46 1,528.22 39,733.72 1,320.14 1,386.14 1,455.46 1,528.22 1,604.64 41,720.64 1,386.14 1,455.46 1,528.22 1,604.64 1,684.87 43,806.62 1,455.46 1,528.22 1,604.64 1,684.87 1,769.11 45,996.86 1,528.22 1,604.64 1,684.87 1,769.11 1,857.57 48,296.82 1,604.64 1,684.87 1,769.11 1,857.57 1,950.45 50,711.70 1,684.87 1,769.11 1,857.57 1,950.45 2,047.97 53,247.22 1,769.11 1,857.57 1,950.45 2,047.97 2,150.36 55,909.36 1,857.57 1,950.45 2,047.97 2,150.36 2,257.88 58,704.88 1,950.45 2,047.97 2,150.36 2,257.88 2,370.78 61,640.28 2,047.97 2,150.36 2,257.88 2,370.78 2,489.32 64,722.32 (25.5996) (26.8795) (28.2235) (29.6347) (31.1165) Note: Bi-weekly pay amounts are based on hourly rates. 2. Ordinance No. 25069 heretofore adopted on May 5, 1980, 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 ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25581. AN ORDINANCE to amend and reordain subsection (b) of Section 14-19, Placement of business establishment containers for collection; central business district defined; frequency of and charge for collection in central business district; Section 14-34, When required; subsections (a) and (b) of Section 14-35, Defined; specifications; and Section 14-37, Charge for collections; to add subsectic (c), (d) and (e), Section 14-19, Placement of business establishment containers for collections; central business district defined; frequency of and charge for collection in central business district; Section 14-23, Individual refuse container - defined; and Section 14-24, Minimum level of service - defined; additional charge for exceeding such level; of the Code of the City of Roanoke (1979), as amended, such amended and added sections and subsections to provide for refuse collection in the central business district and impose a charge for same; to establish a minimum level of service; and to impose a charge for service in excess of such level; to require bulk container units under certain circumstances; to establish the specifications for bulk container units; and to set forth the frequency of collection and the charge for additional collections of bulk container units; such ordinance to be effective on and after July 1, 1981. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of Section 14-19, Placement of business establishment containers for collection; central business district defined; frequency of and charge for collection in Central 'business district; Section 14-34, When~required; subsections (a) and (b) of Section 14-35, Defined; specifications; Section 14-37, Charge for'collections; subsection (c), (d) and (e), Section 14-19, Placement of business establishment containersfor collections; central business district defined; frequency of and charse for collection in central business district; Section 14-23, Individual refuse container - defined; and Section 14-24, Minimum level of service - defined; additional charge for exceeding such level; such amended and added sections and subsections to provide for refuse collection in the central business district and impose a charge for same; to establish a minimum level of service and to impose a charge for service in excess of such level; to require bulk container units under certain circumstances; to establish the specifications for bulk container units; and to set forth the frequency of collection and the charge for additional collections of bulk container units, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 14-19. Placement of business establishment containers for collection; central business district defined; frequency of and charge for collection in central business district. (b) 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. (c) Within the central business district, unless other provisions are made for such service, non-bulk container refuse collection service for non-single family residential properties will be provided to each street address five nights per week. The occupant at every street address receiving city service 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. Such charge will be subject to a credit, to be established by city council, in an amount equivalent to the average charge for the minimum level of service as defined in Section 14-24, which credit shall be subtracted from the total refuse collection charge. (d) 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 auth- ority to make a reasonable adjustment in such charge at such location. (e) Refuse shall be collected from within the central business district nightly, Monday through Friday. Such refuse must 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. Section 14-23. Individual refuse container - defined. The term "individual refuse container" shall mean garbage cans, plastic bags, and other containers of garbage or refuse reasonably capable of being manually emptied by one person into a refuse collection vehicle. Section 14-24. Minimum level of service - defined; additional charge for exceeding such level. (a) The term "minimum level of service" shall mean once per week collection of not more than ten individual refuse containers per collection during any consecutive four-week period. (b) Any business, commercial establishment, institution, apartment building or other multi-family dwelling complex that receives service in excess of the minimum level of service shall be subject to a charge, less credit for the minimum level of service. Such charge and such credit shall be established by city council. No such charge shall be levied upon any single-family residence. Section 14-34. When required. All businesses, commercial establishments, institutions, apartment buildings or other multi-family dwelling complexes that, during any consecutive four-week period, have at any location, which location shall be determined by the city manager, an average of fifteen or more individual containers of refuse per col- lection shall be required to have a front-loading or rear-loading bulk container unit, unless the city manager determines that bulk container collection is inappropriate because of inaccessibility to collection vehicles or space limita- tions of the premises involved. Section 14-35. Defined; specifications. (a) The term "front-loading bulk container unit" 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 city refuse vehicle upon collection. The unit, except units in service on the date of adoption hereof, shall have sliding doors on both sides and a hinged door on the top. The gross weight of the front-loading container with refuse shall not exceed six thousand (6,000) pounds. (b) The term "rear-loading bulk container unit" 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 city 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 14-37. Charge for Collections. For each collection of a bulk container unit of refuse, there shall be a charge, in such amount as is prescribed by the city council, imposed upon the owner or occupant of such location. The charge shall be subject to a credit in an amount equal to the charge for the minimum level of service, which credit shall be in such amount as is prescribed by the city council and subtracted from the charge for bulk container collection service. mo ATTEST: This ordinance shall be in effect on and after July 1, 1981. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25587. A RESOLUTION authorizing the City Manager to file an amended application with the United States Department of Housing and Urban Development for an Urban Development Action Grant in connectio~ with a proposed hotel/convention center development and certain other improvements in the Downtown area of the City. WHEREAS, by Resolution No. 25550, adopted by the Council on April 27, 1981, the City Manager was authorized to file an application for an Urban Development Action Grant to provide partial financing for the construction of a hotel/convention centerdevelopment and parking garage in the Downtown area of the City; and WHEREAS, the developers and lessees of the City Market Building and Fire Station No. 1 have requested that the City amend its Urban Development Action Grant application to include a request for additional funds in order to provide for partial financing of the proposed renovation of the Market Building and Fire Station No. 1. THEREFORE, 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 file, for and on behalf of the City of Roanoke, an amended application for an Urban Development Action Grant requesting a total of $3,776,44£ as further described in a report of the City Manager dated May 26, 1981, to provide partial financing for the construction of a hotel/convention center development and parking garage and the renovation of the City Market Building and Fire Station No. 1 in the Downtown area of the City. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25588. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Restoration and Construction (1) ............................ $341,999.00 (1) Restoration and Construction (A03210330045) .... $87,599.00 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 May, 1981. No. 25589. AN ORDINANCE authorizing the issuance of Change Order No. 1 to the City's contract with J. and H. Grading Co., Inc., for the construction of new Lagoon No. 5 and the addition to Lagoon No. 1 at the Sewage Treatment Plant, in order to accommodate unexpected contingencies in the construc- tion of Lagoon No. 5; 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 to execute, for and on behalf of the City, and the City Clerk is authorized to attest Change Order No. 1 to the City's contract with J. and H. Grading Co., Inc., providing for a $93,770.00 increase in the cost of the project to construct new Lagoon No. 5, said amount to be paid from funds heretofore or simultaneously appropriated for this purpose. The respective elements comprising this change order are as follows: (a) removal of spoil material and debris from the area of the berm wall for the lagoon .............. 940.00 (b) extra excavation on hillside at Lagoon No. 4 ...... $ 6,000.00 (c) removal of rock from the site of the lagoon ....... $ 33,750.00 (d) hauling and placing of fill and compact soil ...... $ 37,480.00 (e) bonus for contractor's expeditious work ........... $ 5,600.00 (f) contingency for construction of spring boxes and purchase of classified clay liner for the lagoon ........................................ $ 10,000.00 $ 93,770.00 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. ATTEST: APPROVED Mayor City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25591. AN ORDINANCE amending and reordaining subsections (a) and (b) of Section 32-43, Assessment of new buildings, Code of the City of Roanoke (1979), as amended, to conform the City's method of assessing new construction to that set forth in Section 58-811.1, Code of Virginia (1950), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsections (a) and (b) of Section 32-43, Assessment of new buildings, Code of the City of Roanoke (1979), as amended, are amended and reordained as follows: Section 32-43. Assessment of new buildings. (a) All new buildings substantially completed or fit for use, occupancy and enjoyment prior to November one of the year of completion shall be assessed when so completed or fit fOr use, occupancy and enjoyment, and the cormnissioner of the revenue shall enter in the books the fair market value of such building; provided, however, that no such partial assessment s~all become effective until information as to the date and amount of such assessment is recorded in the office of the treasurer and made available for public inspection. (b) The total tax on any such new building for that year shall be the sum of (1) the tax upon the assessment of the completed building, computed according to the ratio which the portion of the year such building is substantially completed or fit for use, occupancy and enjoyment bears to the entire year, and (2) the tax upon the assessment of such new building as it existed on January one of that assessment year, computed according to the ratio which the portion of the year such building was not substantially complete or fit for use, occupancy and en- joyment bears to the entire year. 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 May, 1981. No. 25592. AN ORDINANCE amending and reordaining Chapter 21' Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, by the addition of a new section numbered Section 21-45, Urinating in public, so as to prohibit urinating in public; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 21, Offenses - Miscellaneous, be and is hereby amended and reordained by the addition of a new section numbered Section 21-45, Urinating in public, the new section to read and provide as follows: Section 21-45, Urinating in public. (a) It shall be unlawful for any person to urinate or defecate in or on any sidewalk, street or in any public place, or in any place where other persons are present, unless such urination or defecation be in a bathroom, restroom or other facility specifically designed for such purpose. (b) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. 2. In order to provide for the preservation of the public peace, health and safety, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25593. AN ORDINANCE to amend and reordain certain sectidns 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 t~e 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 Libraries (1) ........................................... $ 805,370.00 REVENUE Grants-in-Aid Federal Government (2) .................... 4,067,110.00 (1) Salaries and Wages (A01731010002) (2) Federal Aid to Libraries (R01072015) $17,200.00 17,200'.00 BE IT FURTHER ORDAINED that this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25596. A RESOLUTION rejecting the bid received by the City for fencing Veterans Park; and authorizing revision of the project scope and solicitation of new bids therefor. BE IT RESOLVED by the Council of the City of Roanoke that: REJECTED. The bid received by the City on May 11, 1981 for fencing Veterans Park is hereby 2. The City Clerk is directed to so notify the bidder and to express the City's appreciation for its bid. 3. The appropriate City officials are authorized to rework the contract documents in accordance with the recommendation of the bid committee dated May 26, 1981 and to solicit new bids for this work. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day. of May, 1981. 'No.~25599. AN ORDINANCE tO amend and reordain certain sections of the 1980-81 General Fund Appropriations, and p~oviding ~for an eme?gency. WHEREAS, for the usual daily operation of the Municipal 'Government of the City of Roanoke, .an emergency is declared to exist. THEREFORE, .BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1980-81 General Fund Appropriations, be, and the Same are hereby, amended and reordained to read as follows, in pmrt: APPROPRIATIONS SocYal Services - Administration '(1) .... · ....... ........... i..$ 276,558.00 Income Maintenance (2) .... . ....................... ,...' ...... ... 2,243,719.00 (1) Refund Improper Payment(A01531128701)'. (2) Emergency Relief (A015313500~1) $ 2,147.00 (2,147.00) BE IT FURTHER ORDAINED that, an emergency existing, this'Ordinance shall be in effect from its passage. ATTEST: APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of May, 1981. No. 25600.. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund'Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Snow Removal (1 & 2) ................................... $ 57,450.00 Transfers to Internal Service Fund (3) ................. 146,712.00 Motor Vehicle Maintenance (4) .......................... 1,012,070.00 REVENUE Transfers from General Fund (5) ........................ 146,712.00 (1) Snow Removal (A01414010016) $(61,000.00) (2) Motor Fuel and Lubricants (A01414030030) .... (12,000.00) (3.) Transfers to Internal Service Fund (A01931037006) 73,000.00 (4) Vehicle Maintenance (A06264134010) 73,000.00 (5) Transfers from General Fund (R06050101) ..... 73,000.00 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 May, 1981. No. 25601. AN ORDINANCE authorizing a purchase agreement with Program Products, Inc. to provide a data analyzer retrieval package for the City; 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 and directed, for and on behalf of the City, to enter into a written agreement with Program Products, Inc. of Montvale, New Jersey to provide for purchase of a perpetual right and license to use a Data Analyzer Retrieval package system at a cost not to exceed $25,000.00, 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 ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8~h day of June, 1981. No. 25590. AN ORDINANCE amending and reordaining subsection (a) of Section 18-30, Assessment of Additional Court Costs for Support, Code of the City of Roanoke (1979), as amended, to raise the filing fee levied by courts of record and courts not of record for support of the Law Library from $1.00 to $2.00; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of Section 18-30, Assessment of Additional Court Costs for Support, Code of the City of Roanoke (1979), as amended, be and the same is hereby amended and reordained to read and provide as follows: Section 18-30. Assessment of additional court costs for support. (a) As authorized by Section 42.1-70, Code of Virginia (1950), as amended, there is hereby imposed an assessment of costs incident to each civil actidn or suit filed in the courts of record of the city, in an amount of two dollars ($2.00), and an assessment of costs incident to each civil action or suit filed in the courts not of record in the city, in the amount of two dollars ($2.00), which assessments shall be collected by the clerks of the respective courts for use by the city in the maintenance of the law library in the courthouse of the city, to be open for the use of the general public. 2. 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 8th day of June, 1981. No. 25594. AN ORDINANCE modifying Ordinance No. 12823, adopted September 4, 1956, to amend the City's lease with Roanoke Hospital Association of a parcel of land on Jefferson Street, used as the hospital's front parking lot, in order to allow the hospital to place certain restrictions on the use of the parking lot. BE IT ORDAINED by the Council of the City of Roanoke that numbered paragraph 4 of Ordinance No. 12823, adopted September 4, 1956, is amended and reordained as follows: 4. That the Roanoke Hospital Association shall use the above- described real estate for the purpose of constructing and maintaining thereon, at its own expense, a parking area in order to furnish requisite parking facilities. Subject to the guidelines below, Roanoke Hospital Association may control the use of the parking lot. It may prohibit the use of the parking lot by the general public and, except in the cases of emergency and handicapped parking and except as provided below, it may prohibit parking by hospital employees. Roanoke Hospital Association shall permit free use of the parking lot by the following groups: (a) patients' families who are admitting patients; (b) persons picking up or discharging patients; (c) kidney dialysis patients; (d) radiation and chemotherapy patients; (e) clergy; (f) hospital volunteers; (g) handicapped individuals; (h) hospital employees on the 11:00 p.m. to 7:30 a.m. shift. Roanoke Hospital Association shall indicate its acceptance of this amendment by executing and dating a copy hereof; and this amendment shall be in effect as of the date of this execution. ROANOKE HOSPITAL ASSOCIATION By Its Date: ATTEST APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25595. AN ORDINANCE providing for the sale and conveyance to Roanoke Hospital Association of two parcels of land situate in this City, the first located at the intersection of Weller Lane and Lake Street and the second being 1.9 acres located at the southern terminus of Lake Street. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Roanoke Hospital Association (Hospital), a Virginia corporation, to purchase (1) that certain small tract of land lying in the City of Roanoke, Virginia, at the inter- section of Weller Lane and Lake Street and bounded on the south by the former Mill Mountain Incline right-of-way and (2) that certain 1.9 acres, lying in the City of Roanoke, Virginia at the southern terminus of Lake Street, more particularly described on a plat dated April 29, 1981 by Buford T. Lumsden & Associates, P.C., for the consideration of $50,000.00, for both, is hereby ACCEPTED, subject to the following conditions and restrictions which, at the option of the City Attorney, shall be set forth in the deed of conveyance as covenants running with the land: A. As to the 1.9-acre parcel only: (a) City shall retain necessary easements for access to and maintenance of water lines; (b) Any relocation of water lines deemed neces- sary by the City shall be at Hospital's expense, after approval of plans by and coordination of the work with the City; (c) There shall be no blasting on this real estate; (d) Hospital shall assure that no surface water from any proposed construction or improvements on this real estate shall flow onto the area of the tennis courts, to the west of this property; (e) City makes no commitment to Hospital on any street closure; <f) This real estate shall be used for a child care center and for expansion of parking facilities for hospital personnel. B. In general: (a) Hospital will perform appropriate legal and all survey work in connection with this transaction; (b) Hospital shall provide to the City Manager within ninety (90) days from the date hereof an indexed map of all property owned by it in the City of Roanoke, with a legend stating current and proposed property use. 2. The Mayor and the 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 said property to Roanoke Hospital Association, a Virginia corporation, said deed to contain the City's special warranty of title; and thereafter the City Attorney is authorized to tender to Roanoke Hospital Association or its authorized agent, the City deed in the premises, upon payment of the aforesaid $50,000. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25597. AN ORDINANCE providing the name for the City's new park adjacent to the Strauss Building at the corner of Colonial and Brandon Avenues in the City. WHEREAS, this Council deems it proper and fitting, in assigning a name to its new park adjacent to the Strauss Building at the corner of Colonial and Brandon Avenues, to honor John W. Harkrader, who recently retired as President and General Manager of WDBJ-TV after an outstanding career in broadcasting in the Roanoke Valley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's new park adjacent to the Strauss Building at the corner of Colonial and Brandon Avenues be designated, named and known as "JOHN W. HARKRADER PARK". APPROVED 474 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25598. AN ORDINANCE providing the name for the City's new plaza adjacent to the Blue Cross/Blue Shield of Southwestern Virginia Building on the southeast corner of Jefferson Street and Franklin Road in the City. WHEREAS, this Council deems it proper and fitting, in assigning a name to its new plaza adjacent to the Blue Cross/Blue Shield of Southwestern Virginia Building at the southeast corner of Jefferson Street and Franklin Road, to honor the late Leonard O. Key, a distinguished Roanoker and the first Executive Director of the Blue Cross/Blue Shield Plans of Southwestern Virginia. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City's new plaza adjacent to the Blue Cross/Blue Shield Building at the southeast corner of Jefferson Street and Franklin Road be designated, named and known as "KEY PLAZA". APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25602. AN ORDINANCE authorizing the City Manager to enter into a lease agreement between the City and the Virginia Hunters for the use of certain locker room facilities on the west side of Victory Stadium from May 27, 1981 to August 22, 1981, for a weekly rental fee of $141.70, and upon certain other terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk be, and they are hereby, authorized and directed to execute and attest, respectively, for and on behalf of the City of Roanoke, a lease in such form as is approved by the City Attorney with the Virginia Hunters for the use by such organization of locker room facilities on the west side of Victory Stadium from May 27, 1981 to August 22, 1981, for a weekly rental fee of $141.70 with maintenance and cleaning of such facilities to be provided by the Virginia Hunters. 2. The City Manager shall also be authorized to permit the Virginia Hunters to use the field of Victory Stadium for game ready practices for $115.00 per practice. 3. It is understood the property to be leased to the Virginia Hunters shall not be occupied by such organization until such time as the proper insurance certificates have been filed with the City Clerk, a $5,000.00 bond conditioned upon return of the leased facilities to the City in good condition less ordinary wear and tear has been posted and an advance payment of rent in an amount deemed appropriate by Council has been made. 4. Such lease shall contain such other terms and conditions as shall be deemed appropriat to the City Manager and shall be in such form as shall be approved by the City Attorney. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25606. A RESOLUTION proclaiming support for the Virginia Department of the Marine Corps League. WHEREAS, the Council of the City of Roanoke has long supported the United States Marine Corps and especially its reserve unit located in Roanoke, Virginia; and WHEREAS, The Virginia Department of the Marine Corps League, an association of former and present Marines, is holding its annual convention on June 13 through June 15, 1981 in Roanoke, Virginia. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council extends to the Virginia Department of the Marine Corps League its welcome to the City of Roanoke and its support and thanks to all members of the Virginia Department of the Marine Corps League for their work in support of the reserve and regular compo- nents of the United States Marine Corps and the veterans of this country's armed services. 2. That the Clerk of this Council transmit an attested copy of this resolution to the commandment of the Roanoke Valley Detachment of the Marine Corps League, Mr. R. F. Beirne. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25607. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Education $35,259,778.58 Roanoke City Public Schools (1 & 2) ............................... 35,174,452.00 REVENUE Grants-in-Aid Commonwealth $31,669,809.35 Education (3) ...................................................... 18,756,542.00 (1) State & Federal Programs (A0161~085201) (2) Regular Day School (A01611065501) (3) State and Federal Programs (R01062025) $12,068.00 (75O.OO) 11,318.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: 7~~ City Clerk Mayor Ij 7 '..'..).. ""+ I l IT __ ______________ __ ___ _ ______ L. - -,.------------ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25608. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Clerk of Circuit Court (1 & 2)...............................$384,138.00 General Fund Contingency (3)................................. 217,613.78 (1) Stationery & Office Supplies (A012lll30005)----$1,100.00 (2) Capital Outlay (A012lll90005)------------------ 8,800.00 (3) General Fund Contingency (A0194l037006)--------(9,900.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: :9. --;J ~ ~~. I) ~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25609. AN ORDINANCE to amend and reordain certain sections of the 1981-82 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1981-82 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS V.S.R.S. Employer Contributions (1)........................$ 115,644.00 479,689.00 1,415,512.00 350,000.00 Sherif f (2)................................................ Jail (3)................................................... Contingency Reserve (4).................................... (1) (2) (3) (4) VSRS Employer Contributions (A019l10ll025)----------$ Salaries and Wages (A012l4010002)------------------- Salaries and Wages (A01331010002)------------------- Supplemental Budgets (A0194l0l005l)----------------- 67,428.00 15,590.00 41,982.00 (125,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: :JL ~t. :<~ /)~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25611. 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 Intermodal Transportation Center .......................... $524,320.00 State Grant (1) ......................................... 498,104.00 Local Revenue (2) ....................................... 26,216.00 REVENUE Due from State Government ................................. $498,104.00 (1) Appropriated from Capital Grant (A08190190202) (X08113201) (2) Appropriated from General Revenue (A08190190203) $498,104.00 6,216.00 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 8th day of June, 1981. No. 25612. AN ORDINANCE authorizing and providing for an amendment to an agreement dated May 25, 1979, between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals, in order to increase the consideration paid by the City to the Society; 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 and directed to enter into a written amendment to the agreement dated May 25, 1979, between the City and the Roanoke Valley Society for the Prevention of Cruelty to Animals, relating to the operation of an animal shelter by the Society, in order to increase to $1700 per month the consideration paid by the City to the Society for its services, as of March 1, 1981; 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25613. AN ORDINANCE amending and reordaining subsection (b) of Section 2-37, Office hours, work weeks and holidays, of the Code of the City of Roanoke (1979), as amended, so as to provide that, whenever a City holiday falls on a Saturday, the Friday next preceding shall be celebrated as a holiday by City employees; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of Section 2-37, Office hours~ work weeks and holidays, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 2-37. Office hours, work weeks and holidays. (b). In each year, the first day of January (New Year's Day), the third Monday in February (Washington's Birthday), the last Monday in May (Memorial Day), the fourth day of July (Independence Day), the first Monday in September (Labor Day), the fourth Thursday in November (Thanksgiving Day), the Friday next following Thanksgiving Day and the twenty-fifth day of December (Christmas Day), or, whenever any of such days shall fall on Saturday, the Friday next preceding such day, or, whenever any of such days shall fall on Sunday, the Monday next following such day, shall be observed as legal holidays of the City by all depart- ments of the City except as may otherwise be provided by law and except as to members of the fire department. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25614. 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 Real Estate Valuation (1) ................................ $384,406.00 Transfers to Capital Projects Fund (2) ................... 545,503.26 Contingency Reserve (3) .................................. 227,513.78 Capital Projects Fund Municipal Building Remodeling (4) ........................ 21,847.26 (1) Fees for Professional Services (A01123520010)--$60,000.00 (2) Transfer to Capital Projects Fund (A01931037008) (13,152.74) (3) Contingency Reserve (A01941032006) (46,847.26) (4) Appropriated from General Revenues (A08110190303) (13,152.74) 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 8th day of June, 1981. No. 25615. AN ORDINANCE authorizing installation and use of a certain computer programming system for the City's Office of Real Estate Valuation relating to real estate valuation in the City, and authorizing the City Manager to enter into contract with ECCO Consulting, Inc. to provide said services; 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 and empowered, for and on behalf of the City to accept the proposal of ECCO Consulting, Inc., to provide the City with a certain computer programming system for the City's Office of Real Estate Valuation, and to enter into the requisite written agreement with said company providing for installation and implementation of such system, and for other services in connection therewith as set forth in the proposal of said company, in consideration of a base sum not to exceed $60,000.00 without further authorization of Council, for all such services; such agreement to be in 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 June, 1981. No. 25616. AN ORDINANCE providing for the City's acquisition of 189.3 acres of land lying in Roanoke 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 Mason H. Littreal to sell and convey to the City all of the fee simple title to land described as 189.3 acres, lying in Roanoke County, Virginia on the Bennett Springs Access Road, Route 760, further described in a report dated May 14, 1981 from Kit B. Kiser, Director of Utilities and Operations to the Water Resources Committee, for the sum of $85,000.00, 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 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 and containing general warranty and modern English covenant~ on behalf of the grantor, Mason H. Littreal and his spouse, if any, 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 amounts 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. ATTEST APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of June, 1981. No. 25618. 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 Director of Human Resources (1) .............................. $ 73,035.00 Citizens Services Committee (2) .............................. 323,585.00 (1) Fees for Professional Services (A01127020010) .... $6,000.00 (2) Citizens Services Committee (A01522070099) (6,000.00) 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 June, 1981. No. 25603. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129, 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 three tracts of land on the southerly side of Roberts Road, designated on the Tax Appraisal Map of the City of Roanoke, Virginia, as No. 1290124 and a portion of No. 1290108, rezoned from RS-3 Single Family Residential District and C-2 General Commercial District to RG-2 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 and C-2 General Commercial District to RG-2 General Residential 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 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 amended application, the recommenda- tions 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. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property located on Roberts Road and designated on Sheet No. 129 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1290124 and part of 1290108, be, and is hereby, changed from RS-3 Single Family Residential District and C-2 General Commercial District to RG-2 General Residential District, subject to the conditions proffered by and set forth in the applicant'silil amended application for rezoning, and that Sheet No. 129 of the aforesaid map be changed in this respect. APPROVED IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25604. AN ORDINANCE amending and reordaining Section 32-240, Levied; rate, of the Code of the City of Roanoke (1979), as amended, to increase the transient occupancy tax rate, and providing for an effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-240, Levied; rate, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Section 32-240. Levied; rate. There is hereby imposed and levied on each and every transient a tax equivalent to four percent of the total amount paid for room rental by or for such transient to any hotel. This ordinance shall be effective for any room rental accruing on or after July 1, 1981. APPROVED ATTE S T: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25605. AN ORDINANCE to amend and reordain Sections 21-135, 21-136, 21-139, 21-158, 21-175, 21- 176 and 21-191 of Article V, Massage Parlors, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, and to amend and reordain the same Article and Chapter by the addition of new sections numbered 21-145 and 21-146, the amended and added sections relating to definition of massage parlor, penalty for violation of Article V, lighting for massage parlors, inspection of premises, procedures in issuance of technician's permit, display of technician's permit and technician's health card, register of patrons and prohibition against minors on premises. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 21-135, Definitions, 21-136, Violations of article, 21-139, Minimum standards, 21-158, Investigation of applicant's premises, 21-175, Required, 21-176, Application, and 21-191, Required, of Article V, Massage Parlors, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 21-135. Definitions. Massage parlor: Any establishment having a fixed place of business where massages are administered or any establishment holding itself out through representations of its employees or agents or in any advertising medium as a place where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a duly licensed physician, surgeon, physical therapist, chiropractor or osteopath, a barber shop or beauty salon in which massages are administered only to the scalp, the face, the neck or the shoulders, the Young Men's Christian Association, the Young Women's Christian Association or an exercise club exclusively for members or clientele of one sex alone where all services are performed by persons of the same sex as the members or clientele. Section 21-136. Violations of article. Unless otherwise specified, any person violating any of the provisions of this article shall be guilty of a Class 1 misdemeanor. Section 21-139. Minimum standards. No massage parlor shall be operated, established or maintained in the city that does not comply with the following minimum standards: (12) A minimum of twenty foot candles of light shall be maintained in all rooms including toilet rooms. Section 21-158. Investigation of applicant's premises. The city manager, before issuing any massage parlor permit or renewing any permit, shall cause an investigation to be made of the premises named and described in the application for the permit, for the purpose of deter- mining whether the massage parlor complies with the provisions of this article. No permit shall be issued to any person denying the city manager entry under Section 21-137. Section 21-175. Required. It shall be unlawful for any person to perform the services of a massage technician at a massage parlor in the city without a valid massage technician permit issued pursuant to this division. Upon request, any massage technician shall display the massage technician permit required by this division. Section 21-176. Application. Any person desiring a permit to perform the services of a massage technician at a massage parlor in the city shall make application to the city manager. Each such application shall contain the name, address, telephone number, last previous address, date of birth, place of birth, height, weight and current and last previous employment of the applicant. Each applicant for a massage technician permit shall submit a certified copy of his birth certificate, and no such permit shall be issued to any juvenile. Section 21-191. Required. It shall be unlawful for any person to perform the services of a massage technician at a massage parlor in the city without a valid nonsuspended public health card issued pursuant to this division. Upon request, any massage technician shall display the public health card required by this division. 2. Article V. Massage Parlors, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of two new sections numbered 21-145, Register, and 21-146, Minors, such new sections to read and provide as follows: Section 21-145. Register. Every massage parlor shall keep at the place of business an accurate and legible register in which shall be recorded the name, addresses and age of every patron, which information shall be obtained from a valid identification card issued by a government agency with a photograph of the customer thereon, together with the lawful name of the massage technician providing the massage. The register required by this section to be maintained, shall be open during business hours to the city manager or his designee, any law enforcement officer or any health officer. Section 21-146. Minors. No minors shall be employed by or permitted on the premises of any massage parlor at any time. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25610. AN ORDINANCE authorizing the appropriate City officials to execute a quitclaim deed releasing the City's rights in temporary construction easements over property of Alan S. Buckner and Janet J. Buckner. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials are authorized to execute, attest and deliver a quitclaim deed, on such form as approved by the City Attorney, releasing the City's rights in temporary construction easements affecting property described as Lots 16, 17 and 18, Block 2, Section 1, Westchester, lying in the City of Roanoke, Virginia, and owned by Alan S. Buckner and Janet J. Buckner, husband and wife. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25617. AN ORDINANCE to amend and reordain Article II, RealEstate Taxes Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by the addition of a new Division 5 consisting of sections numbered 32-93 through 32-101, the new Division relating to exemption of certain rehabilitated real property from real estate taxation, authorizing the Commissioner of Revenue to issue rules and regulations establishing eligibility criteria, stating the amount of the exemption, providing for an application, effect of exemptions on land book, non-eligibility of demolition, and providing penalties for false statements. BE IT ORDAINED by the Council of the City of Roanoke that Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new Division 5, Exemption of certain rehabilitated real property, consisting of sections 32-93, Generally, 32-94, Rules and regulations for administra- tion of Division, 32-95, Eligibility of residential real property, 32-96, Eligibility of commercial or industrial real property, 32-97, Amount of exemption, 32-98, Application, 32-99, Land Book, 32-100, Demolition, and 32-101, False statements, the new Division and its sections to read and provide as follows: DIVISION 5, EXEMPTION OF CERTAIN REHABILITATED REAL PROPERTY Section 32-93. Generally. The Commissioner of Revenue shall, upon application made and within the limits as hereinafter provided, order exemption of real property tax on real property substantially rehabilitated for residential use and on real property substantially rehabilitated for commercial or industrial use when such real property lies within a conservation plan area designated by Council pursuant to Section 36-49.1, Code of Virginia (1950), as amended. Section 32-94. Rules and regulations for administration of Division The Commissioner, with the advice and comment of the City Manager, Director of Finance and Director of Real Estate Valuation, shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this Division as are deemed necessary for the effective administration of this Division. Section 32-95. Eligibility of residential real property. (a) In order to qualify for the exemption from real property taxation for real property substantially rehabilitated for residential use, a structure shall meet all the following criteria: (1) be found in a conservation plan area of the City designated by City Council; (2) be no less than twenty-five years of age; (3) be improved so as to increase the assessed value of the structure by no less than forty percent (40%); (4) be improved without increasing the total square footage of such structure by more than fifteen percent (15%); and (5) be designed for and suitable for residential use, at least in part, after completion of such improvement. (b) Residential use shall include single-family dwellings, duplexes, multi-family dwellings, apartments and townhouses. Any property the use of which is partially residential and partially commercial or industrial shall be treated as residential in its entirety for purposes of this Division. Section 32-96. Eligibility of commercial or industrial real property. In order to qualify for the exemption from real property taxation for real property substantially rehabilitated for commercial or industrial use, a structure shall meet all the following criteria: (1) be found in a conservation plan area of the City designated by City Council; (2) be no less than twenty-five years of age; (3) be improved so as to increase the assessed value of the structure by no less than sixty percent (60%); (4) be improved without increasing the total square footage of such structure by more than fifteen percent (15%); and (5) be designed for and suitable for commercial or industrial use after completion of such improvement. Section 32-97. Amount of exemption. The amount of the exemption from real property taxation provided for by this Division shall be an amount equal to the difference in the appraised value of the qualifying structure immediately before rehabilitation and immediately after rehabilitation as determined by the Director of Real Estate Valuation. This amount only, on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment or reassessment. The exemption result- ing from substantial rehabilitation of a qualifying structure shall commence on July 1 of the tax year following completion of the rehabilitation and shall run with the real estate for a period of five (5) years, and only one exemption under this Division may be applicable to any structure at any point in time. Section 32-98. Application. (a) Application for exemption of substantially rehabilitated real property from taxation under this Division shall be filed by the owner of such property with the Commissioner of Revenue prior to commencement of any rehabilitation work for which exemption is sought. Each application for such exemption shall be accompanied by a processing fee in the amount of twenty dollars ($20.00). No property shall be eligible for such exemption unless all appropriate building permits have been acquired and the Director of Real Estate Valuation has verified that the rehabilitation indicated on the application has been completed. Furthermore, no property shall be eligible for such exemption if the Director of Real Estate Valuation has been denied access to the entire premises either before or after the rehabilitation work for which exemption has been applied, for purposes of determining whether the required rehabilitation has been completed and for appraising the property. (b) The burden of proof shall be on the applicant to show that the property for which exemption has been filed complies with all the eligibility criteria established by this Division. The Commissioner of Revenue may require documen- tary proof of eligibility, and, in such cases, documentation satisfactory to the Commissioner shall be presented. Section 32-99. Land Book. Nothing in this Division shall be construed as to permit the Commissioner of Revenue to list upon the land book any reduced value due to the exemption provided by this Division. Section 32-100. Demolition. The exemption provided in this Division shall not apply when any existing structure is demolished or razed and a replacement structure is constructed. Section 32-101. False statements. The making of any false statement in any application, affidavit or other information supplied for the purpose of eligibility determination under this Division shall constitute a Class 2 misdemeanor. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25619. AN ORDINANCE amending the Airport Use Agreement dated April 1, 1978, as amended, between the City and Piedmont Aviation, Incorporated to extend this agreement for an additional three-year term and to revise certain rates and rentals called for therein. BE IT ORDAINED by the Council of the City of Roanoke that: 1. This Council concurs in the recommendation of the Airport Advisory Commission dated June 8, 1981 and approves and authorizes the amendment of the Airport Use Agreement dated April 1, 1978, as amended, between the City and Piedmont Aviation, Incorporated to extend the term of this agreement for three years from April 1, 1981 and to revise landing fee and terminal and other space rental rates as follows: (a) Activity (Landing) fee $0.245 per thousand pounds for first 1,148,820 thousand pound units per year. If for any contract year the total annual landed weight is five or more percent less than 1,148,820 thousand pound units, this fee for the succeeding contract year will be increased by an equal per- centage. If for any year, the total landed weight is five or more percent more than 1,189,854 thousand pound units, the fee for the succeeding contract year will be reduced by an equal percentage; (b) "Old" Terminal Space $7.27 per sq. ft. per annum; (c) "New" Terminal Space $8.82 per sq. ft. per annum; (d) Basement Space $3.30 per sq. ft. per annum; (e) Baggage Claim Space $8.34 per sq. ft. per annum; (f) Departure Room Space $8.75 per sq. ft. per annum; (g) P.A./Interphone $21.00 per unit per month. 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 amendatory agreement with Piedmont Aviation, Incorporated. This agreement may contain such other reasonable and customary terms and conditions, not inconsistent herewith, required by the City Manager and shall be in such form as approved by the City Attorney. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25620. AN ORDINANCE revising rents and fees for use of Roanoke Municipal Airport, Woodrum Field, and establishing an effective date therefor. WHEREAS, in order to provide revenue for the necessary operation, maintenance and improve- ment of the Roanoke Municipal Airport, Woodrum Field, it is incumbent upon this Council to make, pursuant to Section 4-3, Code of the City of Roanoke (1979), as amended, appropriate adjustments to charges for the use of its facilities. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that effective July 1, 1981, the following fees, rentals and charges, terms and conditions and regulations shall govern use and enjoyment of facilities at Roanoke Municipal Airport, Woodrum Field: me Be e Fee for use of field generally by fixed base operators. Ail fixed base operators, or agents therefor, of aviation businesses and airport businesses or who publicly advertise a business or service as being made available at the airport shall, in addition to other applicable fees, pay a yearly privilege charge of $300.00 for each business, agency or enterprise, which shall be paid on or before the first day of July of each year; provided, that any such operator commencing business on or after January first of any year shall pay one half such charge for the privilege of operating through June thirtieth of such year. These charges may be superseded by special agreements approved by the City Council. Fee for use of field for passenger service by fixed base operators. All owners or operators of fixed base aircraft using the airport commercially involving passenger use shall pay $5.50 per occupant place including pilots in such aircraft, per month. The charge may be superseded by special agreements approved by the City Council. Fee for use of field by temporary transients; commercial. All owners or operators of transient aircraft using the airport commercially on a temporary basis shall pay $12.00 per day, or part thereof, for each such aircraft while actively engaged. For transient commercial operations in excess of thirty calendar days, the same fee provided for in paragraph 1 of this ordinance shall apply. Fee for parkin~ or tyin~ down of certain transient aircraft. Ail owners or operators of transient aircraft not falling within the classifications set out in paragraphs 1, 2 or 3 of this ordinance shall pay a parking charge of $3.00 per day or part thereof to the City for each aircraft allowed to remain parked at the airport, which shall entitle said aircraft to tie-down services if such latter service be requested or required. Ail other owners or operators of transient aircraft not falling within the classifications set out in paragraphs above referred to shall, if tie-down service be requested or required, pay $3.00 per day or part thereof to the City for such service. Fee for other commercial users. Ail other commercial air carriers of passengers, mail, express and/or freight, shall pay for each aircraft landing at the airport, on the occasion of each landing, for the use of the runways, ramps, aprons, taxiways, lights and emergency equipment, and the maintenance thereof, $.60 for each one thousand pounds, or fraction thereof, of the certificated gross rated capacity of such aircraft (minimum charge, $5.00 on all aircraft having over two passenger places); provided, however, that the charge established by this paragraph may, by the authorization and approval of the Council, be fixed by contract at rates other than those prescribed by this section with those commercial air carriers maintaining established offices in the terminal building at the airport and those commercial air carriers maintaining established offices at the airport shall have the privilege of paying the total of such charges monthly, no later than the tenth day of the month following that in which such charge was incurred. Such carrier shall submit monthly to the airport manager a written report of each daily landing of each aircraft of the carrier at the airport, and the applicable weight involved. Such other commercial air carriers shall, in addition, pay such parking and/or tie-down charge as is provided for in paragraph 4 of this ordinance. Hansar and miscellaneous buildin~ rentals. The charges for the use of hangar and miscellaneous buildings at the airport shall be as follows: (a) Individual hangars in buildings #11 and #12 $ 45.00 per month (b) Individual hangar offices in building #11 $ 25.00 per month (c) Individual hangar offices in building #12 $ 50.00 per month (d) Quonset hangar buildings #13, #14, #15 and #16 $180.00 or $0.065 per sq. ft. per month (e) Hangar buildings #17, #18, #19 and #20 $360.00 or $0.11 per sq. ft. per month (f) Office in hangar building #18 $ 75.00 per month (g) Hangar building #2 $432.00 or $0.086 per sq. ft. per month (h) Hangar building #3 $480.00 or $0.086 per sq. ft. per month (i) Cargo building, building #5 with docking use $0.55 per sq. ft. per month (j) Buildings #6 and #7, without utilities $0.09 per sq. ft. per month or $300.00 per month complete These charges may be superseded by special agreements approved by City Council. Ground rental for small buildings. The charges for ground rental for small buildings at the airport shall be the greater of $30.00 per month or $0.085 per square foot per month. These charges may be superseded by special agreements approved by the City Council. Terminal building rates. The charges for rental of space in the terminal building shall be such as follows: (a) Main floor, lobby area: (1) Floor space bounded by wall $720.00 per year plus $ 10.80 per sq. ft. in excess of 64 sq. ft. (2) Open floor space not bounded by wall $720.00 per year plus $ 17.30 per sq. ft. in excess of 42 sq. ft. (b) Main floor $ 10.00 per sq. ft. per year (c) Enclosed passenger departure rooms and adjoining airline storage and ramp personnel room 8.75 per sq. ft. per year of floor space areas (d) Second floor $ 8.65 per sq. ft. per year (e) Basement $ 3.30 per sq. ft. per year (f) VIP Lounge First four hours Ail over four hours Maximum per 24 hour period $ 10.00 $ 5.00 per hour $ 30.00 (g) Conference Room First four hours Ail over four hours Maximum per 24 hour period $ 15.00 $ 6.00 per hour $ 4o.oo (h) VIP Lounge and Conference Room in conjunction with food catered from airport restaurant for at least 15 persons: First four hours Over four hours (VIP Lounge) (Conference Room) No Charge $ 5.00 per hour $ 6.00 per hour ATTEST: The charges for rental of enclosed passenger departure rooms and adjoining airline storage and ramp personnel rooms shall be billed to and paid monthly by the airline or airlines using such space; which charges, if joint use is made by more than one airline, may be apportioned between joint users by agreement between joint users with written notice thereof to the airport manager. Those persons not conducting fixed base operations or not doing business on a regular basis at the airport and those persons not using these rooms for official airport business shall pay such charges for the use of the VIP lounge and/or conference room at the Roanoke Municipal Airport, Woodrum Field, as are set forth above. These charges may be superseded by special agreements approved by the City Council. e Fees for use of public address system. Each person using the public address or paging system, now installed in said terminal building, shall pay $14.00 per month for each drop or microphone connection to said system, required by such person, said microphones and connections to be installed and maintained by the City and to remain the property of said City. 10. Fees for use of interoffice communications. Each person using the interoffice communication facilities, now or hereafter installed in the terminal building, shall pay $11.00 per month for each inter-communication unit required by such person to be connected to such system, such units to be installed and maintained by the City and to remain the property of the City. 11. Limousine service. Each person operating a limousine service to or from the airport, pursuant to the authority of any certificate of public convenience and necessity granted by the State Corporation Commission, shall pay to the City $9.00 per month, payable on or before the tenth day of each month, for each assigned ready car space, in addition to a monthly charge equal to ten percent of all gross receipts derived from all business originating or terminating at, or attributable to its operations at, the airport during the next preceding month. 12. Automobiles for hire. Each person operating an automobile for hire service at the airport shall pay to the City, in addition to the other provisions of this ordinance, $9.00 per month for each assigned ready car space, in addition to a monthly charge equal to ten percent of the gross receipts derived from all that person's business originating at the airport. Payment shall be made to the airport manager prior to the tenth of the month preceding supported by a statement in writing certified under oath. 13. Land lease. The charge for ground rental of large tracts of unused land at the airport shall be $10.00 per acre per year. City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25621. AN ORDINANCE authorizing the City Manager to execute a license with the United States of America for the installation and maintenance of a low Level Wind Shear Alert System at Roanoke Municipal Airport, Woodrum Field. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistantl City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest License No. DTFA05-81-L-60330, on such form as is approved by the City Attorney, granting to the United States of America the right to install and maintain a Low Level Wind Shear Alert System at Roanoke Municipal Airport, Woodrum Field, on a 20' by 20' parcel, in the vicinity of Taxiway 5. The consideration for this grant shall be the benefits to the City from the installa- tion and maintenance by the Federal Aviation Administration (FAA) of this safety device. The term of this license shall be from May 1, 1981 to September 30, 1981, and the license shall be renewable from year to year, at FAA's option. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25622. AN ORDINANCE providing for the lease of a certain 3.63 acre parcel of land at Roanoke Municipal Airport, Woodrum Field, to Mr. T. Edward Taylor, Sr., and Mrs. Shirley ¥. Taylor, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to enter into a new written lease agreement, on form approved by the City Attorney, with Mr. T. Edward Taylor, Sr., and Mrs. Shirley F. Taylor, trading as "Circle T. Mobile Home Community" for a term of five (5) years, commencing on July 1, 1981, to lease that certain 3.63 acre parcel of land on Thirlane Road at Roanoke Municipal Airport, Woodrum Field, as shown on a plat attached to a report from the City's Airport Advisory Committee dated June 8, 1981, said agreement to provide for a rental fee of Three Hundred Ninety Dollars ($390.00) per month for the first year, Four Hundred Thirty Dollars ($430.00) per month for the second year, and Four Hundred Fifty Dollars ($450.00) per month for the remaining three years; to provide for said agreement not to be assigned; to provide for either party to have the option of cancellation of said agreement upon one hundred twenty (120) days written notice; and otherwise, to contain generallyiil such terms and conditions as are contained in the lease for this property dated May 1, 1976, between the City and Mr. and Mrs. Taylor. APPROVED City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25623. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS General Government War Memorial (1) .......................................... Capital Improvement Reserve War Memorial (2) .......................................... (1) Appropriated From General Revenues (A08110190403) (2) War Memorial (A08310172510) $10,239,157.06 20,000.00 6,627,464.34 80,000.00 $ 15,000.00 (15,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25625. 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 APPROPRIATIONS Community Planning (A018110) (1) .............................. $ 136,988.00 Transfers (A019310) (2) ....................................... 8,071,885.00 GRANT PROGRAMS FUND APPROPRIATIONS Youth Services Grant 81-I-2 (3) ............................... 33,422.00 REVENUE Youth Services Grant 81-I-2 (4,5) ............................. 33,422.00 (1) Local Match (Grant Funds) (A01811037035) (2) Transfers to Grant Fund-Local Match (A01931037035) (3) Youth Services Grant (A35510899999) (4) Grant Receipts (R35510821) (5) Local Match (R35510831) (7,100.00) 7,100.00 33,422.00 26,322.00 7,100.00 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 22nd day of June, 1981. No. 25626. 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, 1982. 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 $35,288.00, consisting of $26,322.00 from Department of Corrections funds and $8,966.00 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, 1982. 2. H. B. Ewert, City Manager, be and he is hereby authorized to accept, execute and file on behalf of the City of Roanoke the "Special Conditions" with the Department of Corrections for the aforementioned grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Corrections in connection with the City's acceptance of the aforementioned grant or with such project. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25627. 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, amendE and reordained to read as follows, in part: APPROPRIATIONS General Fund (1-45) .......................................... $91,959,426.00 Capital Projects Fund Streets and Bridges (46) .................................. 4,437,937.37 (1) Salaries and Wages (A01112010002) (2) Salaries and Wages (A01123110002) (3) Salaries and Wages (A01123210002) (4) Salaries and Wages (A01123310002) (5) Salaries and Wages (A01123410002) (6) Salaries and Wages (A01123510002) (7) Salaries and Wages (A01124010002) (8) Salaries and Wages (A01125010002) (9) Salaries and Wages (A01131010002) (10) Salaries and Wages (A01211110002) (11) Salaries and Wages (A01213010002) (12) Salaries and Wages (A01221010002) (13) Salaries and Wages (A01311210002) (14) Salaries and Wages (A01311310002) (15) Salaries and Wages (A01311510002) (16) Salaries and Wages (A01332010002) (17) Salaries and Wages (A01335010002) (18) Salaries and Wages (A01336010002) (19) Salaries and Wages (A01416010002) (20) Salaries and Wages (A01421010002) (360.00) (1,1oo.oo) (450.00) (6,000.00) (2,600.00) (7,820.00) (1,000.00) (2,ooo.oo) (1,500.00) (1,500.00) (1,200.00) (5,ooo.oo) (15,000.00) (10,000.00) (3OO.OO) (200.00) (500.00) (3oo.oo) (900.00) (1,8oo.oo) (21) Salaries and Wages (A01531110002) (22) Salaries and Wages (A01531210002) (23) Salaries and Wages (A01531310002) (24) Salaries and Wages (A01531410002) (25) Salaries and Wages (A01534010002) (26) Salaries and Wages (A01731010002) (27) Salaries and Wages (A01812010002) (28) Salaries and Wages (A06160110002) (29) Salaries and Wages (A06160510002) (30) Salaries and Wages (A06161310002) (31) Salaries and Wages (A06161910002) (32) Salaries and Wages (A06262110002) (33) Salaries and Wages (A06262510002) (34) Salaries and Wages (A06263110002) (35) Salaries and Wages (A06263210002) (36) Salaries and Wages (A06263510002) (37) Salaries and Wages (A06264110002) (38) General Relief (A01531350017) (39) Foster Care (A01531450019) (40) Purchased Services (A01531450033) (1,420.00) (1,400.00) (1,600.00) (5,000.00) (5,000.00) (3,ooo.oo) (8oo.oo) (970.00) (850.00) (2,600.00) (1,400.00) (5~630.00) (19.300.00) (3:~000.00) (1,4oo.oo) (6:,000.00) (7~1oo.oo) (48,000.00) (5o,ooo.oo) (37=~000.00) (41) Contingency Reserve (A01941032006) (200,000.00) (42) Insurance (A06161335005) (40,000.00) (43) Fuel Oil (A06263131025) (20,000.00) (44) Maintenance by Outside Contractors (A06263134061) ..... (4,000.00) (45) Transfer to Capital Projects Fund Street Paving (A01931037008) 525,000.00 (46) Appropriated from General Revenues (A082101926003)---525,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25628. 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-81-MC-51-0020 (A356681) (1-24) .......................... $ 2,443,000.00 REVENUE Community Development Block Grant Community Development Block Grant (R35666601) (25) ........ $13,804,000.00 Parking Lot Income (R35666602) (26) .......................... 331,377.67 (1) Gainsboro Project Administration (A35668100206) ...... $ (2) Gainsboro (A35668100250) (3) Belmont S. E. Rehabilitation of Private Property (A35668100302) (4) Belmont S. E. Project Administration (A35668100303)-- (5) Administration (RRHA) (A35668100401) (6) Parking Lot Income (RRHA) (A35668100402) (7) Administration (City) (A35668100403) (8) Rehabilitation Architect (RRHA) (A35668100406) (9) Harrison Avenue Rehabilitation of Private Property (A35668100502) (10) Harrison Avenue Project Administration (A35668100503) (11) Harrison School (A35668100504) (12) Hurt Park Rehabilitation of Private Property (A35668100602) 74,456.00 905,000.00 120,000.00 45,819.00 48,185.00 50,000.00 46,000.00 13,728.00 120,000.00 47,865.00 70,000.00 120,000.00 (13) Hurt Park Project Administration (A35668100603) ...... $ (14) Old Southwest Rehabilitation of Private Property (A35668100702) (15) Old Southwest Project Administration (A35668100703) (16) Garden City Street Improvements (A35668100802) (17) Partnership Support Services (A35668101102) (18) Local Option/Contingency (A35668101201) (19) Gilmer Avenue Rehabilitation of Private Property (A35668101302) (20) Gilmer Avenue Project Administration (A35668101303)-- (21) Spot Rehabilitation of Private Property (A35668101402) (22) Spot Project Administration (A35668101403) (23) Multi-Family Demonstration Rehabilitation Project (A35668101550) (24) Urban Homesteading (A35668101650) (25) Community Development Block (R35666601) (26) Parking Lot Income (R35666602) ATTEST: 55,637.00 120,000.00 38,455.00 50,000.00 50,000.00 7,172.00 72,000.00 31,092.00 60,000.00 17,591.00 93,000.00 187,000.00 2,393,000.00 50,000.00 City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25629. 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 City's acceptance of the aforesaid grant offer on behalf of the City of Roanoke and the agreement, on behalf of the City, to comply with the terms and conditions of the grant and applicable laws, regulations and requirements of said Department pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made to the City by the United States Department of Housing and Urban Development, under date of June 15, 1981, of a grant of Federal funds under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383), amounting to $2,443,000.00 to fund certain community development activities and projects set out and described in the City's application for said funding, upon all of the terms, provisions and conditions set forth in the Grant Agreement previously furnished to the City. 2. H. B. Ewert, City Manager, be and he is hereby authorized and directed to execute, for and on behalf of the City, written acceptance of the said offer on the appropriate document, thereby agreeing on behalf of the City of Roanoke to comply with the terms and conditions of the aforesaid Grant Agreement, applicable laws and regulations and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided. 3. Upon execution of the City's acceptance of said offer and execution of agreement to the terms and conditions incorporated therein, the original and one copy of the aforesaid document be forwarded to the Richmond Area Office of the Department of Housing and Urban Development, together with attested copies of this resolution, and one copy be forwarded to the City of Roanoke Redevelopment and Housing Authority, and one executed copy be retained by the City Clerk, for the City. APPROVED ATTEST City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25630. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained' to read as follows, in part: APPROPRIATIONS Streets and Bridges $3,912,937.37 Route 24, 13th & Bennington (1) ............................. 911,233.72 24th Street (2) ............................................. 451,261.79 Vinton Mill Road (3) ........................................ 85,500.00 Highway Construction Funds (4) .............................. 190,037.31 (1) Appropriated from General Revenues (A08210190903) (2) Appropriated from General Revenues (A08210191003) (3) Appropriated from General Revenues (A08210191303) (4) Appropriated from General Revenues (A08210190703) 13,500.00 30,000.00 30,000.00 (73,500.00) 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 22nd day of June, 1981. No. 25631. AN ORDINANCE to amend and reordain certain sections of the 1980-81 Capital Projects 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 1980-81 Capital Projects Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Sanitation Projects ............................................... $2,573,636.14 Southern Hills Storm Drain (1) .................................. 132,571.36 Annex Storm Drain and Sewer Projects (2) ........................ 120,453.19 (1) Appropriated from General Revenues (A08220191203) (2) Appropriated from General Revenues (A08220190203) 26,873.90 (26,873.90) 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 June, 1981. No. 25632. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2, as hereinafter set forth, to the City's contract with Wiley N. Jackson Company for construction of the Southern Hills Storm Drain Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized and empowered to issue, for and on behalf of the City of Roanoke, Change Order No. 2 to the City's contract with Wiley N. Jackson Company for the construction of the Southern Hills Storm Drain Project, viz: DESCRIPTION OF CHANGE ORDER NO. 2: 275 cu. yds. of additional stone at $25 per cu. yd. to stabilize poor soil conditions ADD $ 6,875.00 75 tons of additional stone at $25 per ton to facilitate drainage ADD 1,875.00 Forming and placing concrete slope protection DEDUCT 900.00 Remove unsuitable grade material (1400 cu. yds. at $3.85 per cu. yd.) ADD 5,390.00 Add suitable fill material (2,200 cu. yds. at $3.85 per cu. yd.) ADD 8,140.00 Liquid asphalt and coarse aggregate stone to permit vehicular traffic during construction (900 gals. of RC-250 at $2.00 per gal. and 37.59 tons of No. 78 stone at $40.00 per ton) ADD 3,303.60 Substitute Type I-2 for Type S-5 bituminous surface material DEDUCT 365.00 Reshape road shoulders (253 cu. yds. at $10.10 per cu. yd.) ADD 2,555.30 TOTAL AMOUNT OF CHANGE ORDER NO. 2 ADD $ 26,873.00 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. ATTEST: City Clerk APPROVED Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25633. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS General Fund (1-9) ................................... $91,959,426.00 (1) Vehicular Equipment (A01311290010) $ 7,538.40 (2) Vehicular Equipment (A01311490010) 8,075.44 (3) Vehicular Equipment (A06263590010) 55,581.16 (4) Overtime (A01311310003) (7,538.40) (5) Motor Fuels and Lubricants (A01311330030)- (8,075.44) (6) Motor Fuels and Lubricants (A01421030030)- (20,000.00) (7) Other Equipment (A06263590020) (14,950.00) (8) Motor Fuels and Lubricants (A01414030030)- (14,480.00) (9) Motor Fuels and Lubricants (A06263530030)- (6,151.16) 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 June, 1981. No. 25634. AN ORDINANCE providing for the purchase of certain vehicles and equipment for use by the City, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and delivering said vehicles and equipment; rejecting all other such bids; providing for the issuance of requisite purchase orders for all such equipment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. In accordance with the Bid Committee report dated June 22, 1981, the bids and proposals of the following named bidders, made to the City, to furnish to the City the vehicles and equipment hereinafter set out and generally described but more particularly described in the City's specifications and in said bidders' proposals, be and are hereby ACCEPTED, at the purchase prices set out with each said item and the name of each successful bidder thereon, viz: Quantity and Successful Unit Total Description Bidder Price Purchase Price 5-Compact Class Automobiles Magic City Motor Less than 10,000 Miles Corporation and Less than 1 Year Old (1) 1981 Ford Fairmont (used) (1) 1981 Ford Fairmont (used) (2) 1981 Ford Fairmont (used) (1) 1981 Ford Fairmont (used) $ 6,450.00 $ 6,655.o0 $ 6,738.80 $ 6,841.80 $ 33,424.40 1-Paving Machine A.E. Finley & Associates of Virginia, Incorporated $20,707.86 $ 20,707.86 1-Front End Alignment Equipment Shepherd's Auto Supply $22,878.24 $ 22,878.24 2-Cargo Vans Magic City Motor Corporation $ 8,075.44 $ 16,150.88 7-Truck Cab & Chassis Johnson Interna- tional Trucks, Inc. $16,852.88 + 393.00 shipping $17,245.88 $120,721.16 7-12 Ft. Dump Bodies Cavalier Equipment $ 4,980.00 Corporation $ 34,860.00 3-Hydraulic Rotary Mowers Mountcastle Ford Tractor Sales, I~C. $ 6,950.00 $ 20,850.00 all of the aforesaid vehicles and equipment to be delivered to the City, f.o.b. Roanoke, in accordance with the City's general specifications and with the successful bidders' respective proposals and within the delivery times set out in said proposals and established by the City; and the City's Manager of Purchasing and Materials Control be, and he is hereby authorized and directed to issue requisite purchase orders therefor, incorporating into said purchase orders the City's aforesaid general specifications, the terms of said bidders' proposals and the terms and provisions of this ordinance; the cost of said vehicles when delivered to be paid for out of funds heretofore or contemporaneously being appropriated for the purpose. 2. Upon delivery to the City of each item of the aforesaid vehicles and equipment and upon the City's acceptance of the same as being in accordance with the bids accepted and the purchase orders awarded, the Director of Finance shall be, and he is hereby authorized and directed to make requisite payment of the aforesaid purchase prices to each said successful bidder, not to exceed the sums hereinabove set out. 3. Ail other than the aforesaid bids made for the supply of the within described vehicles and equipment be, and such other bids are hereby REJECTED, and the City Clerk shall so notify said bidders and shall express to each such bidder the City's appreciation for its bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25635. AN ORDINANCE authorizing the Mayor to execute on the City's behalf certain grant documents relating to an experimental mass transportation program, authorizing the City Manager to furnish necessary information to the State in this regard, making certain certifications with respect to the use of grant funds; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Noel C. Taylor, Mayor of the City of Roanoke, is authorized, on behalf of the City, to execute and file an application to the Virginia Department of Highways and Transportation, for a grant of transportation special revenues, as provided in Chapter 760, Budget Item 640.D of the 1980 Acts of the General Assembly, for an experimental mass transportation program to serve the central business district of the City of Roanoke, by means of a downtown circulator and shuttle bus from the Roanoke Civic Center parking lot, to execute on behalf of the City contracts ancillary to this grant, and to accept from the Virginia Department of Highways and Transportation grants in such amount as may be awarded. 2. The City Manager is authorized to furnish or have furnished to the Virginia Department of Highways and Transportation such documents and other information as may be required for processing the grant request. 3. This Council certifies that the grant funds shall be used in accordance with the requirements of the above legislation, that the record of receipts and expenditure of these funds may be subject to audit by the Department of Highways and Transportation and by the State Auditor of Public Accounts, that funds granted to the City for defraying the expenses of the mass transporta- tion program shall be used only for such purposes as authorized in the above legislation, and that the City will evaluate the program and seriously consider continuing the service after state funding ends, provided it satisfies certain local needs, appropriate funding can be arranged and legal requirements can be met. 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 June, 1981. No. 25636. 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, Architects-Engineers, of Roanoke, Virginia, be, and 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 $14,633.75 without further authorization of the Council, said fee to be determined on the basis set out in the written proposal submitted by said firm. 2. 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, 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 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. APPROVED ATTEST: City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25637. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Sewage Treatment Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Capital Outlay ........................................... $5,792,897.31 Sewer Line Replacement (1) ............................. 35,000.00 Lateral Maintenance, Replacement & Construction .......... Unidentified Replacement (2) ........................... 365,000.00 15,000.00 (1) Sewer Line Replacement (A03511091801) ..... $ 35,000.00 (2) Unidentified Replacement (A03210790001)--- (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 22nd day of June, 1981. No. 25638. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1, as hereinafter set forth, to the City's contract with John A. Hall and Company, Inc., for construction of a charter and corporate aircraft ramp 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 and empowered to issue, for and on behalf of the City of Roanoke, Change Order No. 1, as described as follows, to the City's contract with John A. Hall and Company, Inc., for the construction of a charter and corporate aircraft ramp at the Roanoke Municipal Airport, Woodrum Field: DESCRIPTION OF CHANGE ORDER: Change Order No. Description of the Change Added Cost 1 Add 175 L.F. 15" pipe, $5,882.36 8 L.F. 24" pipe and 1 Drop Inlet 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 June, 1981. No. 25639. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATIONS Title XX Services (1) ................................. $292,546.16 REVENUE Title XX Receipts (2) ................................. 282,546.16 (1) Employment (A01532020066) $26,696.24 (2) Title XX Receipts (R01083530) 26,696.24 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: City Clerk Mayor 500 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25640. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Water Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained, to read as follows, in part: APPROPRIATION Tank Protective Coating Replacement (1) ..................... $ 27,500.00 Maintenance (2) ............................................. 354,279.30 (1) Painting (A02511096601) (2) Building and Property (A02212034005) $ 27,500.00 (27,500.00) 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 22nd day of June, 1981. No. 25641. 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 certain financial functions of the School Board and the City administration; 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 for the consolidation of the accounting system of the Roanoke City Schools into the accounting system of the City effective July 1, 1981 in accordance with the report of the Steering Committee for study of the Management Improvement Corporation of America report on such proposed consolidation, which report is on file in the Office of the City Clerk. The contract shall be in a form approved by the City Attorney and shall contain such other terms and conditions as are deemed appropriate. 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 50i IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of June, 1981. No. 25642. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Police Training Grant #80-A5162 (A353505) (1-7) .......... $15,485.00 REVENUE Police Training Grant #80-A5162 (R353505) (8) ............ 15,485.00 (1) Appropriation Estimate - Fees for Professional Services (A35350520010) ..... $(9,315.00) (2) Appropriation Estimate - Travel and Education (A35350533005) (3) Fees for Professional Services (A35350520010) ...... (4) Stationery & Office (A35350530005) (5) Expendable Tools & Equipment (A35350530035) (6) Books and Publications (A35350530047) (7) Refund Balance (A35350595005) (8) Grant Receipts (R35350521) ( 4,685.00) (2,602.50) ( 15.o7) ( .40) ( 12.53) 2,630.50 (14,000.00) 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 June, 1981. No. 25643. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 General Fund Appropriation Ordinance, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Director of Finance (1) ................................. $ Office of Billings and Collections (2) .................. Commissioner of Revenue (3) ............................. Director of Utilities and Operations (4) ................ Electoral Board (5) ..................................... Clerk of Circuit Court (6) .............................. Materials Control (7) ................................... Communications (8) ...................................... 367,367.00 366,427.00 303,181.00 69,284.00 79,208.00 373,738.00 549,074.00 487,866.00 Street Maintenance (9) .................................. 2,258,353.00 Building Maintenance (10) ............................... 1,542,179.00 Grounds Maintenance (11) ................................ 1,032,060.00 Motor Vehicle Maintenance (12) .......................... 997,570.00 Treasurer (13) .......................................... 261,900.00 Jail (14) ............................................... 1,247,027.06 Personnel Lapse (15,16) ................................. -0- (1) Salaries and Wages (A01123110002) (2) Salaries and Wages (A01123210002) (3) Salaries and Wages (A01123310002) (4) Salaries and Wages (A01125010002) (5) Salaries and Wages (A01131010002) (6) Salaries and Wages (A01211110002) (7) Salaries and Wages (A06161310002) (8) Salaries and Wages (A06161910002) (9) Salaries and Wages (A06262110002) (10) Salaries and Wages (A06263110002) (11) Salaries and Wages (A06263510002) (12) Salaries and Wages (A06264110002) (13) Salaries and Wages (A01123410002) (14) Salaries and Wages (A01331010002) (15) Personnel Lapse (A01941010025) (16) Personnel Lapse (A06360110025) $(1,700.00) (1,140.00) (4,000.00) (3,ooo.oo) (5,000.00) ( 5oo.oo) (6,ooo.oo) (4,700.00) (13,000.00) ( 8,000.00) (15,000.00) (13,000.00) (10,000.00) 10,000.00 15,340.00 59,700.00 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 22hd day of June, 1981. No. 25644. AN ORDINANCE to amend and reordain certain sections of the 1980-81 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 1980-81 Grant Programs Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Community Development .................................... $11,960,938.09 Parking Lot Income (1) ................................. 297,381.23 REVENUE Community Development .................................... $11,960,938.09 Parking Lot Income (2) ................................. 297,381.23 (1) Parking Lot Income (RRHA) (A35668000402)--$33,996.44 (2) Parking Lot Income (RRHA) (R35666602) ..... 33,996.44 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 June, 1981. No. 25645. A RESOLUTION rejecting the bids received by the City for miscellaneous small area street and sidewalk restoration; and authorizing the City Manager to perform such work with City forces. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids received by the City on June 8, 1981 for miscellaneous small area street and sidewalk restoration are hereby REJECTED. 2. The City Manager is authorized and directed to perform such work with City forces, at an estimated cost of $147,485.00, to be paid from funds heretofore or simultaneously appropri- ated for this purpose. 3. The City Clerk is directed to notify each bidder of the City's action taken hereby and to express to each the City's appreciation of its bid. APPROVED ATTEST: ~~~__ City Clerk Mayor